BAILII: Recent Decisions

Posted July 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009)

High Court (Chancery Division)

Heath v Kelly & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

High Court (Family Division)

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Y v I [2009] EWHC 1378 (Fam) (28 May 2009)

High Court (Administrative Court)

V, R (on the application of) v Asylum and Immigration Tribunal & Anor [2009] EWHC 1902 (Admin) (24 July 2009)

High Court (Technology and Construction Court)

Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC) (24 July 2009)

Source: www.bailii.org

Dinghy sailors and canoeists to be subject to shipping laws – The Times

Posted July 27th, 2009 in news by sally

“Canoes, surfboards and dinghies are to be given the same legal status as cruise liners and oil tankers in a clampdown on reckless behaviour at sea.”

Full story

The Times, 27th July 2009

Source: www.timesonline.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another – WLR Daily

Posted July 27th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257

“A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer.”

WLR Daily, 24th 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.

Azaz v Denton – WLR Daily

Posted July 27th, 2009 in law reports, limitations, personal injuries by sally

Azaz v Denton [2009] EWHC 1759 (QB); [2009] WLR (D) 256

WLR Daily, 24th July 2009

“The three-year limitation period under s 11 of the Limitation Act 1980 applied to the whole action where a claim for damages for personal injuries was one of a number of claims.”

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.

Easterly Ltd v Headway plc – WLR Daily

Posted July 27th, 2009 in law reports, pensions, trusts, winding up by sally

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th 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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th 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 (F and another) v Secretary of State for Justice – WLR Daily

Posted July 27th, 2009 in criminal records, human rights, law reports, sexual offences by sally

R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25

“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”

WLR Daily, 24th 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.

O’Donnell v Shanahan and another – WLR Daily

Posted July 27th, 2009 in company directors, fiduciary duty, law reports by sally

O’Donnell v Shanahan and another [2009] EWCA Civ 751; [2009] WLR (D) 252

“A company director had a duty to inform the company of a relevant business opportunity and could not make his own decision that the company would not be interested, and without more, appropriate the opportunity to himself.”

WLR Daily, 24th 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.

Octagon Assets Ltd v Remblance and Another – Times Law Reports

Posted July 27th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon Assets Ltd v Remblance and Another

Court of Appeal

“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

In re X (a Child) (Rights of media attendance) – Times Law Reports

Posted July 27th, 2009 in family courts, law reports, media by sally

In re X (a Child) (Rights of media attendance)

Family Division

“The burden of satisfying the court that the media should be excluded from a hearing in family proceedings lay upon the party applying for the exclusion.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

Torture – new claim of secret UK complicity – The Guardian

Posted July 27th, 2009 in intelligence services, news, torture by sally

“A businessman who was held and mistreated in the United Arab Emirates following the London bombings believes he has evidence that British consular officials asked permission from the UK’s own security services to visit him while he was detained.”

Full story

The Guardian, 26th July 2009

Source: www.guardian.co.uk

Crown Prosecution Service accused of ‘Alice in Wonderland’ accounting – Daily Telegraph

Posted July 27th, 2009 in accounts, Crown Prosecution Service, news by sally

“The CPS said it had spent £11.5 million less in 2008/09 and £17.1 million less the previous year by using its own lawyers for prosecutions rather than hiring outside barristers.”

Full story

Daily Telegraph, 27th July 2009

Source: www.telegraph.co.uk

MoD contests injured soldiers’ payouts – The Guardian

Posted July 27th, 2009 in armed forces, compensation, news, personal injuries by sally

“The government is attempting to deny injured soldiers full compensation for their health problems, it emerged today (26 July).”

Full story

The Guardian, 26th July 2009

Source: www.guardian.co.uk

‘Suicide mission’ driver jailed – BBC News

Posted July 24th, 2009 in criminal damage, dangerous driving, news, sentencing by sally

“A driver who tried to kill himself by crashing his car into the front of a department store has been jailed.”

Full story

BBC News, 24th July 2009

Source: www.bbc.co.uk

Paedophile rapist jailed for life – BBC News

Posted July 24th, 2009 in child abuse, news, rape, sentencing by sally

“A paedophile from Somerset who was convicted of a string of rapes and sexual assaults against girls as young as 11 has been jailed for life.”

Full story

BBC News, 24th July 2009

Source: www.bbc.co.uk

Football match paedophile jailed – BBC News

Posted July 24th, 2009 in child abuse, news, sentencing by sally

“A paedophile from Leicestershire who abused young boys he met at football matches has been jailed indefinitely.”

Full story

BBC News, 24th July 2009

Source: www.bbc.co.uk

Lottery fraudster to pay £15,000 – BBC News

Posted July 24th, 2009 in fraud, gambling, news by sally

“A Swindon woman whose winning lottery ticket was found and cashed in by someone else has been told she will be paid more than half the original prize.”

Full story

BBC News, 24th July 2009

Source: www.bbc.co.uk

Civilian engineer loses claim against MoD over blast injuries in Iraq – The Times

Posted July 24th, 2009 in damages, Iraq, news, personal injuries by sally

“A civilian engineer wounded in a bomb blast in Iraq lost a claim for damages against the Ministry of Defence and a private consultancy today. The ruling is a potential blow for other people hoping to sue for injuries sustained in a war zone.”

Full story

The Times, 2th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791 (23 July 2009)

Secretary of State for the Home Department v GG [2009] EWCA Civ 786 (23 July 2009)

Whirlpool Corporation & Anor v Kenwood Ltd [2009] EWCA Civ 753 (23 July 2009)

Lancore Services Ltd v Barclays Bank Plc [2009] EWCA Civ 752 (23 July 2009)

JF & Anor,R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009)

Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Ors [2009] EWCA Civ 789 (23 July 2009)

Markel International Insurance Co Ltd v Higgins [2009] EWCA Civ 790 (23 July 2009)

Headway Plc v Eastearly Ltd [2009] EWCA Civ 793 (23 July 2009)

Riaz v Fowler & Anor [2009] EWCA Civ 760 (23 July 2009)

Afolayan v MRCS Ltd & Anor [2009] EWCA Civ 796 (24 July 2009)

D (A Child), Re [2009] EWCA Civ 754 (24 July 2009)

High Court (Administrative Court)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2009] EWHC 1824 (Admin) (22 July 2009)

Kay, R (on the application of) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin) (23 July 2009)

Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin) (24 July 2009)

Verity, R (on the application of) v Chief Constable of North Yorkshire Police [2009] EWHC 1879 (Admin) (24 July 2009)

Khan, R (on the application of) v Election Commissioner for the Aston Ward (Birmingham City Council) [2009] EWHC 1757 (Admin) (24 July 2009)

High Court (Chancery Division)

Bourne & 101 Ors v The Charit-Email Technology Partnership LLP [2009] EWHC 1901 (Ch) (23 July 2009)

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd & Ors [2009] EWHC 1839 (Ch) (24 July 2009)

High Court (Commercial Court)

E.N.E. Kos v Petroleo Brasileiro S.A. (Petrobas) [2009] EWHC 1843 (Comm) (23 July 2009)

High Court (Queen’s Bench Division)

Hopps v Mott Macdonald Ltd & Anor [2009] EWHC 1881 (QB) (24 July 2009)

Faisaltex Ltd & Ors v Lancashire Constabulary & Anor [2009] EWHC 1884 (QB) (24 July 2009)

Bloomsbury International Ltd & Ors v Sea Fish Industry Authority & Anor [2009] EWHC 1721 (QB) (24 July 2009)

High Court (Technology & Construction Court)

Allen-Britten & Anor v Abels [2009] EWHC 1614 (TCC) (09 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 24th, 2009 in legislation by sally

The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009

The Human Fertilisation and Embryology (Appeals) Regulations 2009

The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

The Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009

The Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009

The General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

The Human Fertilisation and Embryology (Special Exemption) Regulations 2009

The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009

The Hillingdon Hospital National Health Service Trust (Transfer of Trust Property) Order 2009

The Landfill Tax (Amendment) Regulations 2009

The Welsh Authority (Digital Switchover) Order 2009

The Gambling (Personal Licence Fees) (Amendment) Regulations 2009

The Tribunal Procedure (Amendment No. 2) Rules 2009

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

The Criminal Defence Service (Provisional Representation Orders) Regulations 2009

The Land Registration (Amendment) Rules 2009

The Commons Registration (England) (Amendment) Regulations 2009

The Family Law Act 1996 (Forced Marriage)(Relevant Third Party) Order 2009

The Commonhold (Land Registration) (Amendment) Rules 2009

The Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules 2009

The Social Security (Contributions) (Amendment No. 4) Regulations 2009

Source: www.opsi.gov.uk