BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Technology and Construction Court)
K/S Lincoln & Ors v CB Richard Ellis Hotels Ltd [2009] EWHC 2344 (TCC) (02 October 2009)
Source: www.bailii.org
High Court (Administrative Court)
High Court (Technology and Construction Court)
K/S Lincoln & Ors v CB Richard Ellis Hotels Ltd [2009] EWHC 2344 (TCC) (02 October 2009)
Source: www.bailii.org
Autoclenz Ltd v Belcher and Others
Court of Appeal
“A judge was entitled to infer from the evidence that an employment contract did not genuinely reflect the reality.”
The Times, 16th October 2009
Source: www.timesonline.co.uk
Royal Mail Group Ltd v Communications Workers Union
Court of Appeal
“An employer had to simply inform employees’ representatives of its considered view on the legal implications for the employees prior to a transfer of part of its business to another. The employer did not have to warrant the legal accuracy of its opinion.”
The Times, 16th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045 (14 October 2009)
ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060 (15 October 2009)
Eweida v British Airways Plc [2009] EWCA Civ 1025 (15 October 2009)
High Court (Administrative Court)
Source: www.bailii.org
Regina (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council
Queen’s Bench Division
“Statutory provisions entitling interested persons to inspect and copy accounts of a local authority and all books, deeds, contracts, bills, vouchers and receipts relating to them, were to be given a broad interpretation in respect of the phrases, ‘accounts to be audited’ and ‘relating to’.”
The Times, 15th October 2009
Source: www.timesonline.co.uk
Deutsche Bank AG and Another v Highland Crusader Offshore Partners LP and Others
Court of Appeal
“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”
The Times, 15th October 2009
Source: www.timesonline.co.uk
Practice Direction (Criminal proceedings: Additional forms)
Senior Courts
“A practice direction setting out forms for use in connection with Criminal Procedure Rules relating to disclosure, witness statements and contempt of court was handed down by Lord Judge, Lord Chief Justice, sitting in the Senior Courts of England and Wales on October 6, 2009.”
The Times, 15th October 2009
Source: www.timesonline.co.uk
High Court (Chancery Division)
NHS Business Services Authority v Ingram [2009] EWHC 2486 (Ch) (12 October 2009)
High Court (Administrative Court)
Anam v Secretary of the State for the Home Department [2009] EWHC 2496 (Admin) (13 October 2009)
Source: www.bailii.org
Regina v Rollins; Regina v McInerney
“The Financial Services Authority had the power to prosecute offences beyond those referred to in ss 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute for offences contrary to ss 327 and 328 of the Proceeds of Crime Act 2002.”
WLR Daily, 13th 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.
Regina (Bary) v Secretary of State for the Home Department; Regina (Al Fawwaz) v Same
Queen’s Bench Divisional Court
“There was no common standard for what did or did not amount to inhuman or degrading treatment throughout the many different countries in the world.”
The Times, 14th October 2009
Source: www.timesonline.co.uk
Regina (Al-Sweady and Others) v Secretary of State for Defence (No 2)
Queen’s Bench Divisional Court
“Full disclosure was required in any judicial review proceedings involving disputed questions of fact so that effective and proper cross-examination of the makers of witness statements on those questions could take place.”
The Times, 14th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 (13 October 2009)
High Court (Family Division)
ASB & Anor v MQS [2009] EWHC 2491 (Fam) (13 October 2009)
High Court (Commercial Court)
Soufflet Negoce v Bunge SA [2009] EWHC 2454 (Comm) (13 October 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Rehman, R. v [2009] EWCA Crim 1944 (24 September 2009)
Court of Appeal (Civil Division)
MA (Turkey) v Secretary of State for the Home Department [2009] EWCA Civ 1018 (03 September 2009)
High Court (Chancery Division)
Macdonald & Anor v Frost [2009] EWHC 2276 (Ch) (05 October 2009)
High Court (Administrative Court)
Wells, R (on the application of) v Parole Board [2009] EWHC 2458 (Admin) (22 September 2009)
Alcock, R (on the application of) v The Parole Board [2009] EWHC 2401 (Admin) (03 September 2009)
Matthews, R (on the application of) v HMP Swaleside [2009] EWHC 2397 (Admin) (05 October 2009)
High Court (Commercial Court)
Hitachi Capital (UK) Plc v V-12 Finance Ltd & Ors [2009] EWHC 2432 (Comm) (06 October 2009)
Source: www.bailii.org
Court of Appeal
“It was not unlawful for government ministers to consider reasonable practicability, at least to some extent by reference to departmental budgets, when taking steps to implement specific targets, including eliminating fuel poverty.”
The Times, 13th October 2009
Source: www.timesonline.co.uk
Court of Appeal
“An English court could exercise its discretion to take jurisdiction of a claim based on rights said to arise out of an English contract, even though those rights might be proprietary.”
The Times, 13th October 2009
Source: www.timesonline.co.uk
Queen’s Bench Divisional Court
“Where an issue was available to be raised by a claimant on the evidence adduced at an extradition hearing, she was entitled to raise that issue on appeal to the Divisional Court, even though it had not been raised before.”
The Times, 13th October 2009
Source: www.timesonline.co.uk
Swindon Borough Council v Redpath
Court of Appeal
“When a local authority sought an antisocial behaviour injunction, it was not necessary for the victims of such conduct to be residents of council accommodation or their visitors or those engaged in lawful activity in council premises.”
The Times, 12th October 2009
Source: www.timesonline.co.uk
De-Winter Heald v Brent London Borough Council; Al-Jarah and Others v Same
Court of Appeal
“Local authorities were entitled to contract out some or all of the reviews they were required to carry out under the Housing Act 1996.”
The Times, 12th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Court)
Rollins, R. v [2009] EWCA Crim 1941 (09 October 2009)
Court of Appeal (Civil Division)
Astall & Anor v Revenue and Customs [2009] EWCA Civ 1010 (09 October 2009)
High Court (Queen’s Bench)
CEP Holdings Ltd v CEP Claddings Ltd [2009] EWHC 2447 (QB) (09 October 2009)
Kahangi & Ors v Nourizadeh [2009] EWHC 2451 (QB) (09 October 2009)
High Court (Chancery Division)
Cowlishaw & Anor v O&D Building Contractors Ltd [2009] EWHC 2445 (Ch) (08 October 2009)
Invertec Ltd v De Mol Holding BV & Anor [2009] EWHC 2471 (Ch) (09 October 2009)
High Court (Administrative Court)
High Court (Commercial Court)
Gard Marine & Energy Ltd v Lloyd Tunnicliffe & Ors [2009] EWHC 2388 (Comm) (09 October 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Guyett & Anor v R [2009] EWCA Crim 1943 (08 October 2009)
Electric Gate Services Ltd, R v [2009] EWCA Crim 1942 (08 October 2009)
High Court (Chancery Division)
Courtman v Ludlam & Anor [2009] EWHC 2067 (Ch) (06 August 2009)
Source: www.bailii.org