House of Lords Judgments: What’s new?
Source: www.parliament.uk
Category: law reports
Chartbrook Ltd and another v Persimmon Homes Ltd and another – WLR Daily
Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223
“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”
WLR Daily, 1st 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.
Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) – WLR Daily
“When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be likely to have substantial adverse effects but for those measures, the word “likely” did not mean probable but ‘could well happen’. It followed that a woman whose propensity to develop vocal nodules was controlled by a strict management regime based on avoiding raising her voice, but which “could well” return and cause substantial adverse effects if that regime was not followed, was disabled for the purposes of the Act and her former employer, who had decided to place her in a noisier work environment despite her claim that it would require her to speak louder and so jeopardise her voice management regime, had to answer her claim that they had failed to make reasonable adjustments for her disability.”
WLR Daily, 1st 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.
Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) – WLR Daily
“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”
WLR Daily, 1st 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.
Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily
“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct in respect of an offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”
WLR Daily, 1st 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 (Allen) v Inner North London Coroner – WLR Daily
R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219
“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”
WLR Daily, 1st 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.
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another – Times Law Reports
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another
House of Lords
“There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant.”
The Times, 2nd July 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Divsion)
Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009)
Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)
High Court (Commercial Court)
Noble Resources SA & Anor v Gross [2009] EWHC 1435 (Comm) (19 June 2009)
Jivraj v Hashwani [2009] EWHC 1364 (Comm) (26 June 2009)
Seadrill Management Services Ltd & Anor v OAO Gazprom [2009] EWHC 1530 (Comm) (01 July 2009)
Source: www.bailii.org
SmithKline Beecham plc and others v Avery and others – WLR Daily
SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218
“The word ‘person’ in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its employees and others.”
WLR Daily, 30th June 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.
Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another – WLR Daily
“The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”
WLR Daily, 30th June 2009
Soource: 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.
Hartlepool Borough Council v Llewellyn – WLR Daily
Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216
“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 the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”
WLR Daily, 30th June 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.
Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily
“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”
WLR Daily, 30th June 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.
Progress Property Co Ltd v Moore and another – WLR Daily
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214
“The sale of a company’s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the person arranging the sale honestly believed the transaction to be other than a gratuitous distribution of the company’s assets to shareholder, even though that person was the director of the selling and buying companies.”
WLR Daily, 29th June 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.
EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily
“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”
WLR Daily, 29th June 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)
High Court (Queen’s Bench Division)
Smith v LC Window Fashions Ltd [2009] EWHC 1532 (QB) (30 June 2009)
High Court (Administrative Division)
W v Warrington Magistrates Court [2009] EWHC 1538 (Admin) (30 June 2009)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Akman, R. v [2009] EWCA Crim 1087 (15 May 2009)
Yemoh & Ors v R. [2009] EWCA Crim 930 (22 May 2009)
High Court (Chancery Division)
Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1531 (Ch) (29 June 2009)
High Court (Administrative Court)
Cannan v HMP Full Sutton [2009] EWHC 1517 (Admin) (29 June 2009)
High Court (Family Division)
AAA v ASH [2009] EWHC 636 (Fam) (27 March 2009)
Spencer v Spencer [2009] EWHC 1529 (Fam) (23 June 2009)
Source: www.bailii.org
Seaga v Harper (No 2) – WLR Daily
Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212
“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”
WLR Daily, 29th June 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” GmbH & Co KG and another – WLR Daily
“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”
WLR Daily, 29th June 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Progress Property Company Ltd v Moorgarth Group Ltd [2009] EWCA Civ 629 (26 June 2009)
Beer & Anor v Bexbes LLP [2009] EWCA Civ 628 (26 June 2009)
EN (Serbia) v Secretary of State for the Home Department [2009] EWCA Civ 630 (26 June 2009)
Armsden v Kent Police [2009] EWCA Civ 631 (26 June 2009)
Harms Offshore Aht “Taurus” GmbH & Co Kg v Bloom & Ors [2009] EWCA Civ 632 (26 June 2009)
Canadian Imperial Bank of Commerce v Beck [2009] EWCA Civ 619 (26 June 2009)
High Court (Chancery Division)
Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2009] EWHC 1456 (Ch) (26 June 2009)
Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2009] EWHC 1437 (Ch) (17 June 2009)
High Court (Family Division)
Leicestershire County Council v K C & Ors [2009] EWHC 1383 (Fam) (29 January 2009)
High Court (Admiralty Division)
Source: www.bailii.org
