BAILII: Recent Decisions
Court of Appeal (Civil Division)
Oracle America Inc v M-Tech Data Ltd & Anor [2010] EWCA Civ 997 (24 August 2010)
Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998 (20 August 2010)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Modi v United Kingdom Border Agency [2010] EWHC 1996 (QB) (30 July 2010)
City of Westminster v Davenport & Anor [2010] EWHC 2016 (QB) (30 July 2010)
Murdoch v Department for Work and Pensions [2010] EWHC 1988 (QB) (30 July 2010)
Morton v Portal Ltd [2010] EWHC 1804 (QB) (30 July 2010)
Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)
Islam Expo Ltd v The Spectator (1828) Ltd & Anor [2010] EWHC 2011 (QB) (30 July 2010)
Venables & Anor v News Group Papers Ltd & Ors [2010] EWHC B18 (QB) (30 July 2010)
High Court (Technology & Construction Court)
Chalbury McCouat International Ltd v PG Foils Ltd [2010] EWHC 2050 (TCC) (03 August 2010)
LPI (Hotels) Ltd v Technical & General Guarantee Company SA [2010] EWHC 2049 (TCC) (02 August 2010)
Nickleby FM Ltd v Somerfield Stores Ltd [2010] EWHC 1976 (TCC) (30 July 2010)
Source: www.bailii.org
Couple fined £2,000 for hedge infringement – The Independent
“A couple have been fined £2,000 for allowing their garden hedges to grow too tall.”
The Independent, 26th August 2010
Source: www.independent.co.uk
England footballer wins continuation of gagging order – BBC News
“An England footballer has won a continuation of a High Court gagging order preventing the ‘misuse’ of private information about him.”
BBC News, 26th August 2010
Source: www.bbc.co.uk
Court of Appeal questions brand owners’ rights to block parallel imports – OUT-LAW.com
“Brand owners may have less power to prevent sales in Europe of goods intended for other markets after a ruling by England’s Court of Appeal this week. The judgment over the sale of Sun-branded disk drives is likely to be welcomed by independent resellers.”
OUT-LAW.com, 26th August 2010
Source: www.out-law.com
Legal victory for Barry George – The Independent
“Barry George, who was acquitted of the murder of television presenter Jill Dando after spending eight years behind bars, won the first round of a legal battle yesterday over a decision that he is not entitled to compensation.”
The Independent, 26th August 2010
Source: www.independent.co.uk
Woman escapes jail for urinating on memorial – The Independent
“A woman branded ‘Britain’s most disgusting person’ by veterans after she was convicted of urinating on a war memorial was given a suspended sentence today.”
The Independent, 25th August 2010
Source: www.independent.co.uk
Asil Nadir flies back to UK to clear his name – The Guardian
“Asil Nadir, 69, is returning to face the multimillion pound fraud charges that followed the spectacular collapse of his Polly Peck food and electronics empire in 1993. He is expected to arrive at Luton airport from his native northern Cyprus around lunchtime, and is due to appear at the Old Bailey next Thursday.”
The Guardian, 26th August 2010
Source: www.guardian.co.uk
Osborne’s Budget may have breached equality law – The Independent
“The Equality and Human Rights Commission may take action against the Treasury for not meeting its obligations under the Equality Act 2010 to consider the impact on specific groups before announcing its plans in the emergency Budget in June.”
The Independent, 26th August 2010
Source: www.independent.co.uk
‘Deranged’ motorist who thought car was Starship Enterprise killed couple – Daily Telegraph
“Matthew Kelliher, 31, believed he had special powers and that his vehicle, which he likened to a space craft from the television show Star Trek, was capable of travelling at 6,000 miles per hour.”
Daily Telegraph, 26th August 2010
Source: www.telegraph.co.uk
Bar Pro Bono Award 2010 – nominations now invited – The Bar Council
“Pro bono has never been more important or more appreciated than in current times.
The selflessness shown by individuals who give up their time for free to assist others in need deserves recognition.”
The Bar Council, 24th August 2010
Source: www.barcouncil.org.uk
Ian Tomlinson pathologist behaved irresponsibly in other cases, GMC rules – The Guardian
“The Home Office pathologist criticised for suggesting that the newspaper seller Ian Tomlinson died of a heart attack during the G20 protest behaved irresponsibly in a series of other autopsies, a disciplinary panel has ruled.”
Full story
The Guardian, 25th August 2010
Source: www.guardian.co.uk
Adoptive parents guilty of child cruelty – The Independent
“A couple who allowed their adopted children to be abused by two paedophiles were found guilty of child cruelty today.”
The Independent, 25th August 2010
Source: www.independent.co.uk
Barry George in court fight for compensation – BBC News
“Barry George, who was acquitted of the murder of television presenter Jill Dando, takes his battle for compensation to the High Court later.”
BBC News, 25th August 2010
Source: www.bbc.co.uk
Regina v Varsani – WLR Daily
Regina v Varsani [2010] EWCA Crim 1938; [2010] WLR (D) 237
“Where an offender was convicted of being knowingly concerned in the fraudulent evasion of duty on counterfeit cigarettes, contrary to s 170 of the Customs and Excise Management Act 1979, the reference to the retail price of cigarettes ‘of that description’ in s 5(1) of the Tobacco Products Duty Act 1979, as amended, by which the value of the duty was to be calculated, was to the retail price of genuine non-counterfeit cigarettes which were of the same description as the counterfeit ones on which the duty was evaded.”
WLR Daily, 24th August 2010
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 (B) v Islington London Borough Council – WLR Daily
Regina (B) v Islington London Borough Council [2010] WLR (D) 236
“The Education Act 1996 placed no obligation on a local authority to maintain a statement of special educational needs for a young person over the age of 19 or to fund him or her to continue in secondary education.”
WLR Daily, 24th August 2010
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.
Tomlinson pathologist to learn GMC judgement – BBC News
“A pathologist at the centre of a row over a man’s death at the G20 protests will learn later if unconnected allegations against him have been proven.”
BBC News, 25th August 2010
Source: www.bbc.co.uk
Companies need protection from criminal actions of staff, says Law Commission – Daily Telegraph
“Companies should have the power to defend themselves against employees’ criminal actions by proving that they took every measure to stamp out illegal practices, the Law Commission has proposed in a radical blueprint for reform.”
Daily Telegraph, 25th August 2010
Source: www.telegraph.co.uk
Call to cut number of minor offences – BBC News
“Criminal laws dealing with many petty offences should be scrapped, according to the body responsible for reviewing the law in England and Wales.”
BBC News, 25th August 2010
Source: www.bbc.co.uk
