BAILII: Recent Decisions
Court of Appeal (Civil Division)
Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009)
Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009)
National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009)
Cooper & Ors v Fanmailuk.Com Ltd & Anor [2009] EWCA Civ 1368 (17 December 2009)
High Court (Queen’s Bench Division)
Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)
Patel v Patel [2009] EWHC 3264 (QB) (10 December 2009)
High Court (Chancery Division)
Cattles Plc v Welcome Financial Services Ltd & Ors [2009] EWHC 3027 (Ch) (14 December 2009)
Court & Ors v Despallieres [2009] EWHC 3340 (Ch) (17 December 2009)
High Court (Administrative Division)
High Court (Commercial Court)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2009
The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2009
The Welsh Health Specialised Services Committee (Wales) Regulations 2009
The Tax Credits (Excluded Companies) Regulations 2009
The Saving Gateway Accounts Act 2009 (Commencement No.1) Order 2009
The Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009
The Distributions (Excluded Companies) Regulations 2009
The Corporation Tax (Exclusion from Short-Term Loan Relationships) Regulations 2009
The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009
The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010
The Welfare of Racing Greyhounds Regulations 2010
Source: www.opsi.gov.uk
Lawyers cash in on NHS negligence cases – Daily Telegraph
“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.”
Daily Telegraph, 18th December 2009
Source: www.telegraph.co.uk
Man guilty of attempting to have sex with rottweiler – The Independent
“A North Wales man was found guilty yesterday of attempting to have sex with a rottweiler.”
The Independent, 17th December 2009
Source: www.independent.co.uk
Evolution of quirks and loopholes has skewed legal system – The Times
“Laywers are quick to defend the practice of no-win, no-fee as the way that people without funds can get access to justice.”
The Times, 18th December 2009
Source: www.timesonline.co.uk
Expert claims file-sharing Bill could give Government control of the internet – OUT-LAW.com
“The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.”
OUT-LAW.com, 17th December 2009
Source: www.out-law.com
British Airways strike blocked by court – BBC News
“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.”
BBC News, 17th December 2009
Source: www.bbc.co.uk
Hunting ban legal challenge fails after court says it ‘doesn’t breach human rights’ – Daily Telegraph
“A legal challenge over the hunting ban has failed after a European court ruled that it did not infringe human rights.”
Daily Telegraph, 18th December 2009
Source: www.telegraph.co.uk
Trafigura accepts £25,000 damages from BBC over waste dumping allegations – The Times
“The oil-trading company Trafigura accepted £25,000 libel damages and an apology today over a BBC Newsnight claim that its actions had caused deaths, miscarriages, serious injuries and long-term sickness.”
The Times, 18th December 2009
Source: www.timesonline.co.uk
‘Honour’ case father guilty of killing Tulay Goren – BBC News
“A father has been found guilty of murdering his 15-year-old daughter in a so-called honour killing.”
BBC News, 17th December 2009
Source: www.bbc.co.uk
Law Society seeks judicial review over costs capping – Law Society’s Gazette
“The Law Society is set to seek a judicial review of the government’s move to drastically reduce the legal costs that defendants can reclaim if they are acquitted of a criminal offence.”
Law Society’s Gazette, 17th December 2009
Source: www.lawgazette.co.uk
Firework factory explosion death pair jailed – BBC News
“A father and son have been jailed for the manslaughter of two firemen killed in an explosion at a fireworks factory.”
BBC News, 16th December 2009
Source: www.bbc.co.uk
Judge ‘failed in public duty’ by refusing to jail teen knife criminal – Daily Telegraph
“A judge who gave a community punishment to a teenage girl for her part in a near-fatal stabbing ‘wholly failed’ in his public duty, London’s Court of Appeal has ruled.”
Daily Telegraph, 17th December 2009
Source: www.telegraph.co.uk
Crash death lorry driver jailed – BBC News
“A lorry driver who hit a line of queuing traffic on the M40 in Buckinghamshire, killing a mother-of-two, has been jailed.”
BBC News, 15th December 2009
Source: www.bbc.co.uk
Forced marriage law not being used enough – BBC News
“Laws introduced to stop forced marriages are not being used widely enough and social workers’ efforts to tackle the issue are also being hampered, according to experts.”
BBC News, 17th December 2009
Source: www.bbc.co.uk
R (E) v Governing Body of JFS and another (United Synagogue and others intervening) – WLR Daily
“A Jewish school which, in the event of the school being oversubscribed, gave priority to children who were recognised as Jews according to the tenets of Orthodox Judaism, ie the children of mothers who were Jews by either birth or conversion, was operating a policy which discriminated on the grounds of ethnic origin and, therefore, constituted racial discrimination under s 1(1)(a) of the Race Relations Act 1976.”
WLR Daily, 16th December 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.
Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily
“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”
WLR Daily, 16th December 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 (E) v Governing Body of JFS and Another, United Synagogue and Others intervening – Times Law Reports
Regina (E) v Governing Body of JFS and Another, United Synagogue and Others intervening
Supreme Court
“The admissions policy of a Jewish school which gave priority, in the event of oversubscription, to children who were recognised as Jews under the standard Orthodox test of matrilineal descent, someone whose mother was a Jew either by birth or conversion, was discriminatory on the ground of ethnic origin and was thus racial discrimination.”
The Times, 17th December 2009
Source: www.timesonline.co.uk
