law reports – Page 271 – Current Awareness

“It was not possible to strike out a genuine claim on the ground that the claimant had been involved in a fraud upon the court in respect of an associated claim.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

E, R (on the application of) v Governing Body of JFS & Anor [2009] EWCA Civ 681 (10 July 2009)

Secretary of State for the Home Department v QY (China) [2009] EWCA Civ 680 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 726 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 670 (10 July 2009)

High Court (Administrative Court)

Forest Heath District Council & Ors v The Electoral Commission & Ors [2009] EWHC 1682 (Admin) (10 July 2009)

Moghaddam v London Borough of Hammersmith & Fulham [2009] EWHC 1670 (Admin) (10 July 2009)

Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1687 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

HIgh Court (Chancery Division)

Sharma & Anor v Farlam Ltd & Ors [2009] EWHC 1622 (Ch) (10 July 2009)

Brazzill & Ors v Willoughby & Ors [2009] EWHC 1633 (Ch) (10 July 2009)

PNPF Trust Company Ltd (Pilots’ National Pension Fund, trustee of) v Taylor & Ors [2009] EWHC 1693 (Ch) (10 July 2009)

The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch) (10 July 2009)

High Court (Patents Court)

Novartis AG & Anor v Johnson & Johnson Medical Ltd (t/a Johnson & Johnson Vision Care) & Anor [2009] EWHC 1671 (Pat) (10 July 2009)

High Court (Queen’s Bench Division)

A v Enskat [2009] EWHC 1630 (QB) (10 July 2009)

MGN Ltd v Horton [2009] EWHC 1680 (QB) (10 July 2009)

Source: www.bailii.org

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th 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.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th 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 Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Lee v Whitehouse – Times Law Reports

Posted July 13th, 2009 in law reports, repossession by sally

Lee v Whitehouse

Court of Appeal

“A judge who was asked to make a possession order under section 98(1)(a) of the Rent Act 1977 on the ground that there was suitable alternative accommodation available had to decide whether or not it was reasonable to make an order by evaluating the effect on both parties if an order was made and if it was not.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Radmacher (formerly Granatino) v Granatino – Times Law Reports

Posted July 13th, 2009 in divorce, law reports, prenuptial agreements by sally

Radmacher (formerly Granatino) v Granatino

Court of Appeal

“Judges exercising the wide discretion they have in achieving fairness between the parties in matrimonial ancillary relief proceedings were able to take into account the terms of any prenuptial agreement.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 10th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670 (09 July 2009)

Bedfordshire County Council v Dixon-Wilkinson [2009] EWCA Civ 678 (09 July 2009)

Mackenzie, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 669 (09 July 2009)

High Court (Administrative Court)

F & Ors, R (on the application of) v Wirral Borough Council [2009] EWHC 1626 (Admin) (09 July 2009)

High Court (Chancery Division)

Stanford International Bank Ltd & Ors, Re [2009] EWHC 1661 (Ch) (09 July 2009)

High Court (Commercial Court)

JPMorgan Chase Bank NA & Anor v Berliner Verkehrsbetriebe (BVG) & Anor [2009] EWHC 1627 (Comm) (09 July 2009)

Source: www.bailii.org

Foster Wheeler Ltd v Hanley and others – WLR Daily

Posted July 10th, 2009 in EC law, equality, law reports, pensions, retirement, trusts by sally

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th 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.

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Posted July 10th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – Times Law Reports

Posted July 10th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

R v G(G) and Another – Times Law Reports

Posted July 10th, 2009 in appeals, criminal justice, criminal procedure, law reports by sally

R v G(G) and Another

Court of Appeal

“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Syska (Elektrim SA) v Vivendi Universal SA & Ors [2009] EWCA Civ 677 (09 July 2009)

Court of Appeal (Criminal Division)

RF, R. v [2009] EWCA Crim 678 (08 July 2009)

High Court (Family Division)

A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam) (03 July 2009)

High Court (Queen’s Bench Division)

D Pride & Partners v Institute for Animal Health & Ors [2009] EWHC 1617 (QB) (08 July 2009)

High Court (Technology and Construction Court)

Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC) (8 July 2009)

Source: www.bailii.org.

BCL Old Co Ltd and Others v BASF SE and Others – Times Law Reports

Posted July 9th, 2009 in competition, law reports, time limits by sally

BCL Old Co Ltd and Others v BASF SE and Others

Court of Appeal

“The two-year time limit for bringing a claim for loss resulting from an infringement of EC or UK competition rules could be postponed where there was an appeal against the infringement itself. The time limit continued to run, however, where there was an appeal against the penalty imposed.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Hartlepool Borough Council v Llewellyn and Others – Times Law Reports

Posted July 9th, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn and Others

Employment Appeal Tribunal

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to successful comparators by way of arrears.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

R v Leeks – WLR Daily

Posted July 9th, 2009 in indictments, law reports by sally

R v Leeks [2009] WLR (D) 220

“The failure to endorse an order amending an indictment would amount to a fundamental error if the court had failed positively to exercise its discretion to make such an order.”

WLR Daily, 8th 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.

High wheelclamping charges illegal, says RAC – The Independent

Posted July 9th, 2009 in fines, law reports, news, parking, wheel clamping by sally

“Wheelclampers are acting illegally by imposing exorbitant charges for the release of cars parked on private land, the RAC said today. The concept of one citizen ‘punishing’ another is alien in English law, according to barrister and engineer Dr Chris Elliott, whose review of private-property parking regulations was published today by the RAC.”

Full story

The Independent, 9th July 2009

Source: www.independent.co.uk