BAILII: Recent Decisions
Court of Appeal (Criminal Division)
King, R. v [2009] EWCA Crim 1990 (09 September 2009)
Boothe, R. v [2009] EWCA Crim 1938 (10 September 2009)
Blythe, R. v [2009] EWCA Crim 1982 (17 September 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
King, R. v [2009] EWCA Crim 1990 (09 September 2009)
Boothe, R. v [2009] EWCA Crim 1938 (10 September 2009)
Blythe, R. v [2009] EWCA Crim 1982 (17 September 2009)
Source: www.bailii.org
Queen’s Bench Division
“Although there was no duty on parties to preserve documents before proceedings commenced, after that the situation was radically different.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Regina (QY) (China) v Secretary of State for the Home Department
Court of Appeal
“Even if the assumption was made that removing a foreign national who had forfeited the right to remain could amount to an interference with private life within the meaning of article 8.1 of the European Convention on Human Rights, her removal was nevertheless lawful.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Regina v Rollins; Regina v McInerney
Court of Appeal (Criminal Division)
“The power of the Financial Services Authority to prosecute offences went beyond those referred to in sections 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute offences contrary to sections 327 and 328 of the Proceeds of Crime Act 2002.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
Dee v Telegraph Media Group Ltd [2009] EWHC 2546 (QB) (19 October 2009)
High Court (Chancery Division)
International Private Equity Ltd v ABN Amro Bank NV [2009] EWHC 2523 (Ch) (15 October 2009)
Iesini & Ors v Westrip Holdings Ltd & Ors [2009] EWHC 2526 (Ch) (16 October 2009)
Source: www.bailii.org
Supreme Court
E, R (on the application of) v Governing Body of JFS & Anor (Rev 3) [2009] UKSC 1 (14 October 2009)
High Court (Administrative Court)
High Court (Family Division)
ITW v Z & Ors [2009] EWHC 2525 (Fam) (12 October 2009)
Source: www.bailii.org
http://www.lawreports.co.uk/WLRD/2009/HLPC/R(E)_v_GoverningJFS(SC).html
“As a general principle, if the Legal Services Commission funded a litigant who was successful in his cause, that decision should ordinarily amount to close to an assurance that the Commission would continue to support him in any subsequent appeal by the unsuccessful party.”
WLR Daily, 16th 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.
Regina (E) v Governing Body of JFS and Others (No 2)
Supreme Court
“When the Legal Services Commission decided to fund a litigant who was successful in his cause, that decision should ordinarily be seen to carry with it something close to an assurance that the commission would continue to support him in any subsequent appeal by the unsuccessful party while he remained financially eligible.”
The Times, 19th October 2009
Source: www.timesonline.co.uk
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