Joseph and Others v Spiller and Another
Court of Appeal
“Where terms in an agency contract were unlawfully contained in a separate document to the main contract, that breach did not necessarily operate to render the entire contract, or even the terms themselves, unenforceable.”
The Times, 30th October 2009
Source: www.timesonline.co.uk
Supreme Court
High Court (Chancery Division)
Bishops Wholesale Newsagency Ltd & Ors v Surridge Dawson Ltd [2009] EWHC 2578 (Ch) (28 October 2009)
Gaetano Ltd v Obertor Ltd [2009] EWHC 2653 (Ch) (29 October 2009)
High Court (Technology and Construction Court)
Amsprop Ltd v ITW Ltd (t/a Hobart UK) [2009] EWHC 2689 (TCC) (29 October 2009)
High Court (Commercial Court)
High Court (Patents Court)
Boegli-Gravures SA v Darsail-Asp Ltd & Anor [2009] EWHC 2690 (Pat) (29 October 2009)
Source: www.bailii.org
High Court (Chancery Division)
Quest Advisors Ltd v McFeely & Anor [2009] EWHC 2651 (Ch) (22 October 2009)
High Court (Queen’s Bench Division)
Sir John Fitzgerald Ltd v Macarthur [2009] EWHC 2659 (QB) (28 October 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
McAuley, R. v [2009] EWCA Crim 2130 (08 October 2009)
Bradshaw, R. v [2009] EWCA Crim 2113 (09 October 2009)
Court of Appeal (Civil Division)
JSC BTA Bank v Ablyazov & Ors [2009] EWCA Civ 1125 (27 October 2009)
White v Withers Llp & Ors ] EWCA Civ 1122 (27 October 2009)
Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Mayhaven Healthcare Ltd v Bothma & Anor (t/a DAB Builders) [2009] EWHC 2634 (TCC) (26 October 2009)
Source: www.bailii.org
4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307
“Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss 423(2) and 425 of the Insolvency Act 1986 should take into account the mental state of the transferee of property under a relevant transaction, or of any other person against whom an order was sought, and the degree of their involvement in the fraudulent scheme of the debtor/transferor to put assets out of the reach of his creditors.”
WLR Daily, 26th October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306
“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”
WLR Daily, 26th October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“A person acquitted of rape did not have a cause of action in tort for malicious prosecution against the complainant, unless it could be shown that the complainant had deliberately manipulated the police and the Crown Prosecution Service into taking a course which they would not otherwise have taken.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
Court of Appeal
Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.
The Times, 28th October 2009
Source: www.timesonline.co.uk
Regina v Greene (Jeremy Herbert)
Court of Appeal (Criminal Division)
“Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had to warn the jury to approach that witness’s evidence with caution, and the nature of that direction depended on the particular circumstances of the case.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
High Court (Chancery Division)
Lexi Holdings (In Administration) v Pannone and Partners [2009] EWHC 2590 (Ch) (26 October 2009)
4Eng Ltd v Harper & Ors [2009] EWHC 2633 (Ch) (26 October 2009)
High Court (Administrative Court)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Moore, R. v [2009] EWCA Crim 2080 (07 October 2009)
Constantine, R. v [2009] EWCA Crim 2092 (08 October 2009)
Source: www.bailii.org
Hunt v AB [2009] EWCA Civ 1092; [2009] WLR (D) 305
“In order to found a cause of action in tort for malicious prosecution against a complainant, it had to be shown that the complainant had deliberately manipulated the police and the CPS into taking a course which they would not otherwise have taken.”
WLR Daily, 23rd October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304
“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”
WLR Daily, 23rd October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal (Criminal Division)
“Evidence from two or more doctors was required only before plea for a determination that a defendant was unfit to plead.”
The Times, 26th October 2009
Source: www.timesonline.co.uk
Chancery Division
“For an extended civil restraint order to be issued, making someone a vexatious litigant, three unmeritorious claims or applications were the bare minimum to satisfy the requirement of persistence.”
The Times, 26th October 2009
Source: www.timesonline.co.uk
Wilson v Health and Safety Executive, Equality and Human Rights Commission intervening
Court of Appeal
“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”
The Times, 26th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)
Generics UK Ltd v Synaptech Inc [2009] EWCA Civ 1119 (16 October 2009)
Wilkinson v Secretary of State for Work and Pensions [2009] EWCA Civ 1111 (23 October 2009)
Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)
High Court (Chancery Division)
Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)
High Court (Commercial Court)
Bank of New York Mellon v GV Films [2009] EWHC 2338 (Comm) (15 September 2009)
High Court (Technology and Construction Court)
Estor Ltd v Multifit (UK) Ltd [2009] EWHC 2565 (TCC) (23 October 2009)
Source: www.bailii.org
High Court (Administrative Court)
S, R (on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin) (22 October 2009)
High Court (Chancery Division)
Power & Anor v HM Revenue and Customs & Anor [2009] EWHC 2580 (Ch) (23 October 2009)
High Court (Queen’s Bench Division)
Olafsson v Foreign & Commonwealth Office [2009] EWHC 2608 (QB) (22 October 2009)
High Court (Technology and Construction Court)
Ericsson Ab v Eads Defence and Security Systems Ltd. [2009] EWHC 2598 (TCC) (22 October 2009)
Source: www.bailii.org
R v Ghulam; [2009] WLR (D) 303
“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”
WLR Daily, 22nd October 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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