law reports – Page 270 – Current Awareness

Gutridge and others v Sodexo Ltd and another – WLR Daily

Posted July 20th, 2009 in employment, equal pay, law reports, sex discrimination, time limits by sally

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) – WLR Daily

Posted July 20th, 2009 in competition, law reports, telecommunications by sally

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245

“Where the relevant regulator was considering whether a mobile telecommunications company had ‘significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded.”

WLR Daily, 17th July 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 v Stewart (James) – Times Law Reports

Posted July 20th, 2009 in alcoholism, diminished responsibility, jury directions, law reports by sally

Regina v Stewart (James)

Court of Appeal (Criminal Division)

“Further guidance should be given to juries in murder trials as to the defence of diminished responsibility where the only basis for the alleged abnormality of mind arose from alcohol dependency syndrome without discernible brain damage.”

The Times, 20th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hutchison 3G UK Ltd v The Office of Communications [2009] EWCA Civ 683 (16 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Court of Appeal (Criminal Division)

CPS (Sussex) v Mattu [2009] EWCA Crim 1483 (17 July 2009)

High Court (Administrative Court)

Manhire, R (on the application of) v The Secretary of State for Justice [2009] EWHC 1788 (Admin) (16 July 2009)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2009] EWHC 1742 (Admin) (16 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

TW, R (on the application of) v Kent County Council [2009] EWHC 1790 (Admin) (17 July 2009)

High Court (Chancery Division)

The National Trust v Fleming & Ors [2009] EWHC 1789 (Ch) (17 July 2009)

High Court (Commercial Court)

Excelsior Group Productions Ltd v Yorkshire Television Ltd [2009] EWHC 1751 (Comm) (16 July 2009)

High Court (Family Division)

W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam) (17 July 2009)

High Court (Queen’s Bench Division)

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors [2009] EWHC 1765 (QB) (16 July 2009)

NXS v London Borough of Camden [2009] EWHC 1786 (QB) (16 July 2009)

Source: www.bailii.org

R v Stewart – WLR Daily

Posted July 17th, 2009 in alcoholism, diminished responsibility, law reports, murder by sally

R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244

“A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, at some levels of severity, what might appear to be voluntary drinking might be inseparable from the defendant’s underlying syndrome.”

WLR Daily, 16th July 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.

AP v Secretary of State for the Home Department – WLR Daily

Posted July 17th, 2009 in human rights, law reports by sally

AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243

“The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 hours per day was insufficiently stringent to amount to a deprivation of liberty within art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 16th July 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.

Hudson v Leigh – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Hudson v Leigh

Family Divison

“Where none of the three main participants, and, critically, the celebrating official, intended a ceremony to give rise to a lawful marriage, there was no marital status to be dealt with by a divorce decree of any kind.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

Regina v Gore; Regina v Maher – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Regina v Gore; Regina v Maher

Court of Appeal

“The issue of a fixed penalty notice asserting one offence did not protect the recipient from further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009)

Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009)

Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 (15 July 2009)

High Court (Administrative Court)

AR v Secretary of State for the Home Department [2009] EWHC 1736 (Admin) (15 July 2009)

High Court (Commercial Court)

Investec Bank (UK) Ltd v Zulman & Anor [2009] EWHC 1590 (Comm) (15 July 2009)

High Court (Family Division)

Child X (Residence & Contact- Rights of Media Attendance) [2009] EWHC 1728 (Fam) (14 July 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2009] EWHC 1717 (QB) (15 July 2009)

Source: www.bailii.org

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily

Posted July 16th, 2009 in civil procedure rules, costs, law reports by sally

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others [2009] EWHC 1696 (Ch); [2009] WLR (D) 242

“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”

WLR Daily, 15th July 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 v Erskine; R v Williams – WLR Daily

Posted July 16th, 2009 in appeals, diminished responsibility, evidence, law reports, murder by sally

R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241

“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”

WLR Daily, 15th July 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 v Gore; R v Maher – WLR daily

Posted July 16th, 2009 in abuse of process, grievous bodily harm, law reports, penalties by sally

R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240

“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

WLR Daily, 15th July 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 v T (Absent witness: Evidence) – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v T (Absent witness: Evidence)

Court of Appeal

“On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required the calling of formal evidence, unless the relevant facts were set out in an agreed statement of facts.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

Regina v Seager; Regina v Blatch – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v Seager; Regina v Blatch

Court of Appeal

“Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but as the value of the property obtained by the defendant himself.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

EA Gutridge & Ors v Sodexo & Anor [2009] EWCA Civ 729 (14 July 2009)

Secretary of State for the Home Department v HH (Iraq) [2009] EWCA Civ 727 (14 July 2009)

Court of Appeal (Criminal Division)

Erskine, R v [2009] EWCA Crim 1425 (14 July 2009)

Coe, R. v [2009] EWCA Crim 1452 (14 July 2009)

Gore, R v [2009] EWCA Crim 1424 (14 July 2009)

High Court (Administrative Court)

Thomas (t/a RT Properties) v National Assembly for Wales & Anor [2009] EWHC 1734 (Admin) (14 July 2009)

High Court (Chancery Division)

Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi Ve Pazarlama AS & Ors [2009] EWHC 1696 (Ch) (14 July 2009)

High Court (Queen’s Bench Division)

Berezovsky v Russian Television and Radio Broadcasting Co & Anor [2009] EWHC 1733 (QB) (14 July 2009)

Source: www.bailii.org

Regina v Knaggs – WLR Daily

Posted July 15th, 2009 in confiscation, evidence, guilty pleas, law reports by sally

Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239

“A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing.”

WLR Daily, 14th July 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 (Al-Sweady and others) v Secretary of State for Defence – WLR Daily

Posted July 15th, 2009 in disclosure, human rights, Iraq, law reports, public interest immunity by sally

R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”

WLR Daily, 14th July 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.

Alexis v Newham London Borough Council – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Alexis v Newham London Borough Council

Queen’s Bench Division

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Lewis and Another v Metropolitan Property Realisations Ltd – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Lewis and Another v Metropolitan Property Realisations Ltd

Court of Appeal

“A trustee in bankruptcy had three years from the date of the bankruptcy to get in the full cash consideration for the assignment of the bankrupt’s interest in his former matrimonial home, or else the property would re-vest in the bankrupt.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Copley v Lawn; Maden v Haller – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Copley v Lawn; Maden v Haller

Court of Appeal

“An offer by a negligent driver’s insurers to a claimant of a free replacement car while repairs were being done had to make clear to the claimant the cost to the defendant of hiring the car. A claimant who unreasonably rejected the offer did not forfeit his damages claim altogether.”

The Times, 15th July 2009

Source: www.timesonline.co.uk