Freedom of expression and the role of the Supreme Court – some issues from across the world (PDF)
Speech by The Rt Hon Lady Justice Arden DBE
A Judicial-Academic Conference,31st July 2009
Source: www.judiciary.gov.uk
Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) [2009] UKHL 39; [2009] WLR (D) 277
“A company, which was in the exclusive control of its sole director and shareholder so as to be primarily liable for frauds committed against third parties, could not bring an action for damages against its auditors on the basis that they had failed to detect ‘the very thing’, namely its fraudulent activities, they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the principle of ex turpi causa non oritur actio.”
WLR Daily, 31st 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.
“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”
WLR Daily, 31st 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.
“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”
WLR Daily, 31st 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.
Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274
“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”
WLR Daily, 31st 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.
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273
“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”
WLR Daily, 31st 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.
“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to prosecute a person such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”
WLR Daily, 31st 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.
Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270
“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”
WLR Daily, 31st 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 v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269
“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”
WLR Daily, 31st 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.
Regina (Al-Sweady and Others) v Secretary of State for Defence
Queen’s Bench Divisional Court
“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”
The Times, 3rd August 2009
Source: www.timesonline.co.uk
Metropolitan International Schools Ltd v Designtechnica Corporation and Others
Queen’s Bench Division
“An internet search engine was not a publisher at common law.”
The Times, 3rd August 2009
Source: www.timesonline.co.uk
“Joint Commons and Lords committee expected to issue damning report on MI5’s part in the rendition of terror suspects.”
The Independent, 2nd August 2009
Source: www.independent.co.uk
“The family of a wealthy philanthropist have won a High Court battle to reclaim their inheritance after she left her estate to a man she might never have known.”
The Times, 1st August 2009
Source: www.timesonline.co.uk
“The former Head of the Army, General Sir Mike Jackson, has said he wants a review into compensation for injured troops to be independent.”
BBC News, 2nd August 2009
Source: www.bbc.co.uk
“The multimillionaire businessman Vivian Imerman won a court order yesterday preventing his estranged wife’s brothers – property tycoons Robert and Vincent Tchenguiz – from using confidential information about his financial assets.”
The Independent, 1st August 2009
Source: www.independent.co.uk
“Debbie Purdy was ‘ecstatic’. It was a strange reaction to the news that it had suddenly become easier to be killed in Zurich. But the real reason for her elation was that the news also meant it might soon become easier to be killed in Britain.”
The Times, 2nd August 2009
Source: www.timesonline.co.uk
“Schools are paying out £16,000 a day in compensation to pupils injured in the playground and PE lessons, new figures show.”
Daily Telegraph, 2nd August 2009
Source: www.telegraph.co.uk
“Pressure mounts for assisted suicide to be allowed on the NHS after MS sufferer’s landmark legal victory.”
The Independent, 1st August 2009
Source: www.independent.co.uk
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