BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)
Source: www.bailii.org
Category: law reports
R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily
“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”
WLR Daily, 27th May 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.
Napier and another v Pressdram Ltd – WLR Daily
Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172
“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”
WLR Daily, 27th May 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 (Criminal Division)
Horncastle & Ors v R. [2009] EWCA Crim 964 (22 May 2009)
High Court (Chancery Division)
Enviroco Ltd v Farstad Supply A/S [2009] EWHC 906 (Ch) (22 May 2009)
High Court (Queen’s Bench)
Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)
Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)
High Court (Administrative Court)
Defence Estates v JL & Anor [2009] EWHC 1049 (Admin) (05 May 2009)
Nicholas-Pillai v General Medical Council [2009] EWHC 1048 (Admin) (06 May 2009)
Mitchell v The Nursing and Midwifery Council [2009] EWHC 1045 (Admin) (06 May 2009)
Southall v The General Medical Council [2009] EWHC 1155 (Admin) (22 May 2009)
High Court (Commercial Court)
Vitol SA v Conoil Plc [2009] EWHC 1144 (Comm) (22 May 2009)
High Court (Patents Court)
TNS Group Holdings Ltd. v Nielsen Media Research Inc [2009] EWHC 1160 (Pat) (20 May 2009)
Source: www.bailii.org
Rolls Royce plc v Unite the Union – Times Law Reports
Rolls Royce plc v Unite the Union
Court of Appeal
“Length of service was a lawful criterion for selection for redundancy since it achieved a legitimate aim by a proportionate means.”
The Times, 27th May 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009)
Baker v Quantum Clothing Group [2009] EWCA Civ 499 (22 May 2009)
R (A Child), Re [2009] EWCA Civ 445 (22 May 2009)
Vodafone 2 v HM Revenue & Customs [2009] EWCA Civ 446 (22 May 2009)
BCL Old Co Ltd & Ors v BASF SE & Ors [2009] EWCA Civ 434 (22 May 2009)
High Court (Chancery Division)
L’Oreal SA & Ors v EBay International AG & Ors [2009] EWHC 1094 (Ch) (22 May 2009)
Interflora, Inc & Anor v Marks & Spencer Plc & Anor [2009] EWHC 1095 (Ch) (22 May 2009)
Blue Sphere Global Ltd v HM Revenue & Customs [2009] EWHC 1150 (Ch) (22 May 2009)
Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) (22 May 2009)
Lovett & Anor v Carson Country Homes Ltd & Ors [2009] EWHC 1143 (Ch) (01 May 2009)
Revenue & Customs v Micro Fusion 2004-1 LLP [2009] EWHC 1082 (Ch) (22 May 2009)
Source: www.bailii.org
Aerotel Ltd v Wavecrest Group Enterprises Ltd and others – WLR Daily
Aerotel Ltd v Wavecrest Group Enterprises Ltd and others [2009] EWCA Civ 408; [2009] WLR (D) 171
“A patentee seeking to rely on commercial success as an indicator of non-obviousness in order to rebut an allegation of its patent being obvious over prior art had to establish that the commercial success relied on was due to his invention and not to other market factors. Where a number of other factors might have explained the success, unless he could show they were irrelevant or largely so, he would not have proved what he needed to rebut the allegation. The evidential onus of proof was on him, and the party making the allegation was not required to show that the commercial success was due to other factors.”
WLR Daily, 21st May 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.
Vodafone 2 v Revenue and Customs Commissioners – WLR Daily
Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170
“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”
WLR Daily, 21st May 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.
Mohammadi v Shellpoint Trustees Ltd and another – WLR Daily
Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169
“When a legally assisted person’s solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to be a legally assisted person for the purposes of the Legal Aid Act 1988.”
WLR Daily, 21st May 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.
Gresham International Ltd and others v Moonie and others – WLR Daily
Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168
“The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of the liquidation committee or the Secretary of State, as required under section 167 of the Insolvency Act 1986, notwithstanding that the criteria in r 4.184 (ii) of the Insolvency Rules as to the retrospective ratification of a liquidator’s acts had not been met.”
WLR Daily, 21st May 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.
Everitt v Budhram (a bankrupt) and another – WLR Daily
Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167
“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”
WLR Daily, 21st May 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 (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same – WLR Daily
“A person whose asylum claim had been finally determined in country A against him or her and who made a subsequent claim for asylum in country A came within the ambit of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (‘the Reception Directive’) and was therefore able to enjoy the benefits of art 11(2) of that directive and be afforded conditional access to the labour market.”
WLR Daily, 21st May 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.
Smith v Northamptonshire County Council – WLR Daily
Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165
“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”
WLR Daily, 21st May 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.
Roult (by his mother and litigation friend) v North West Strategic Health Authority – WLR Daily
“There was no power pursuant to CPR r 3.1 in the context of personal injury litigation to vary the terms of a settlement where there had been an unforseen event which destroyed the assumption on which the settlement was made.”
WLR Daily, 21st May 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.
Rank Nemo (DMS) Ltd and others v Coutinho – WLR Daily
Rank Nemo (DMS) Ltd and others v Coutinho [2009] EWCA Civ 454; [2009] WLR (D) 163
“The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his employment, for the purposes of a claim under s 4(2) of the Race Relations Act 1976.”
WLR Daily, 21st May 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.
Odelola v Secretary of State for the Home Department – WLR Daily
Odelola v Secretary of State for the Home Department [2009] UKHL 25; [2009] WLR (D) 162
“The version of the immigration rules which was applicable to the determination of an application for leave to enter or remain in the United Kingdom was the one in force at the time the application came to be determined rather than the one in force when the application was filed, unless the rules themselves specified otherwise.”
WLR Daily, 21st May 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.
McConkey v Simon Community Northern Ireland – WLR Daily
McConkey v Simon Community Northern Ireland [2009] UKHL 24; [2009] WLR (D) 161
“An employer in Northern Ireland could refuse to employ a person on the ground of that person having supported the use of violence for political ends connected with the affairs of Northern Ireland, even if the person had since repudiated such views.”
WLR Daily, 21st May 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.
McConkey and Another v Simon Community Northern Ireland – Times Law Reports
McConkey and Another v Simon Community Northern Ireland
House of Lords
“An employer in Northern Ireland could refuse to employ a person on the ground of his having supported the use of violence for political ends connected with the affairs of Northern Ireland even if the job-seeker had since repudiated such views.”
The Times, 26th May 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Nasuna, R v [2009] EWCA Crim 880 (3 April 2009)
Symmons, R v [2009] EWCA Crim 734 (07 April 2009)
High Court (Chancery Division)
Kayley Vending Ltd, Re Insolvency Act 1986 [2009] EWHC 904 (Ch) (15 May 2009)
High Court (Administrative Court)
Burwell v Appellant [2009] EWHC 1069 (Admin) (01 May 2009)
Dzikowski v General Medical Council [2009] EWHC 1090 (Admin) (21 May 2009)
High Court (Technology and Construction Court)
Bovis Lend Lease Ltd v Cofely Engineering Services [2009] EWHC 1120 (TCC) (07 May 2009)
High Court (Commercial Court)
Classic Maritime Inc v Lion Diversified Holdings & Anor [2009] EWHC 1142 (Comm) (21 May 2009)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Palmer v Cornwall County Council [2009] EWCA Civ 456 (21 May 2009)
High Court (Chancery Division)
Daimler Ag v Sany Group Company Ltd [2009] EWHC 1003 (Ch) (14 May 2009)
Gresham International Ltd & Anor v Moonie & Ors [2009] EWHC 1093 (Ch) (20 May 2009)
Calltel Telecom Ltd & Anor v HM Revenue and Customs [2009] EWHC 1081 (Ch) (21 May 2009)
High Court (Administrative Court)
Source: www.bailii.org
