Fisher v Brooker and Others – Times Law Reports
House of Lords
“A delay of almost 40 years in claiming a share of the copyright in a musical work, could not be defeated by the equitable doctrines of estoppel or laches when the defendants had suffered no detriment from the claimant’s delay and, on the contrary, had derived a financial benefit which far outweighed any detriment which might have resulted from the delay.”
The Times, 12th August 2009
Source: www.timesonline.co.uk
High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation – OUT-LAW.com
“Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.”
OUT-LAW.com, 12th August 2009
Source: www.out-law.com
MoD facing legal action over pair held without charge in Afghan jail – The Guardian
“The Ministry of Defence faces legal action over its refusal to identify two men handed over by British troops in Iraq to American forces who subsequently transferred them to the infamous ‘dark prison’ at Bagram in Afghanistan.”
The Guardian, 11th August 2009
Source: www.guardian.co.uk
Baby P’s father says he will sue ‘negligent’ Haringey Council – The Times
“The father of Baby Peter is preparing to sue Haringey Council for failing to protect his son.”
The Times, 12th August 2009
Source: www.timesonline.co.uk
More than 300 children a day added to DNA database – Daily Telegraph
“More than 300 children a day are being put on to the DNA database, fuelling fresh fears over the growth of the ‘Big Brother’ state.”
Daily Telegraph, 12th August 2009
Source: www.telegraph.co.uk
Guard family calls for fair trial – BBC News
“The family of a man from Lancashire who has been arrested in Iraq over a double fatal shooting say they fear he may not get a fair trial.”
BBC News, 11th August 2009
Source: www.bbc.co.uk
Two guilty of murdering father of five – Daily Telegraph
“A man and a boy of 16 have been found guilty of murdering Michael Eccles, a Staffordshire father of five who was beaten just yards from his front door after popping to buy a bottle of wine.”
Daily Telegraph, 11th August 2009
Source: www.telegraph.co.uk
Malicious falsehood requires a reference to your interests in the lies, says High Court – OUT-LAW.com
“A company can sue for malicious falsehood only when there is some reference to it or its interests in the false and malicious words complained of, even if that reference is indirect and the company is not identified, the High Court has ruled.”
OUT-LAW.com, 11th August 2009
Source: www.out-law.com
BAILII: Recent Decisions
High Court (Family Division)
N (A Child), Re [2009] EWHC 2096 (Fam) (6 August 2009)
M v M [2009] EWHC 1941 (Fam) (29 July 2009)
Source: www.bailii.org
R (Bary) v Secretary of State for the Home Department; R (Al Fawwaz) v Same – WLR Daily
“When considering the lawfulness of extradition by reference to the likely prison conditions which a person, if extradited, would face upon conviction in the requesting country, the question whether the high threshold under art 3 of the Convention on Human Rights for inhuman or degrading treatment would be crossed would depend on the facts of the particular case. There was no common standard for what did or did not amount to inhuman or degrading treatment throughout the many different countries in the world.”
WLR Daily, 10th August 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.
Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily
Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283
“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”
WLR Daily, 10th August 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.
Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) – Times Law Reports
Stone and Rolls (in Liquidation) v Moore Stephens (a Firm)
House of Lords
“A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that 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 defence of ex turpi causa non oritur actio.”
The Times, 11th August 2009
Source: www.timesonline.co.uk
MPs back UK torture damages plan – BBC News
“Torture victims should be able to sue foreign governments in the UK courts, a committee of MPs and peers have said.”
BBC News, 10th August 2009
Source: www.bbc.co.uk
Sharon Shoesmith’s legal challenge fast-tracked by High Court – The Times
“The High Court is to fast-track Sharon Shoesmith’s legal challenge against the Education Secretary’s role in her dismissal from Haringey Council without compensation.”
The Times, 11th August 2009
Source: www.timesonline.co.uk
Tate Modern worker claims compensation for being too cold – The Guardian
“Elizabeth Andrews, a gallery supervisor, has launched a claim for compensation against the Tate, saying that the cold, among a series of other factors, meant she became increasingly ill and eventually had to go on long-term sick leave.”
The Guardian, 10th August 2009
Source: www.guardian.co.uk
Internet hate campaign that made a mockery of the High Court – The Independent
“Foremost among the grounds of appeal being sketched out by lawyers representing the killers of Baby Peter will be the claim that prejudicial coverage on the internet denied their clients a fair trial.”
The Independent, 11th August 2009
Source: www.independent.co.uk
Private schools threaten legal action to keep charity millions – The Guardian
“The head of the organisation that represents the country’s top independent schools today issued a threat to the government’s charities watchdog that it may consider legal action against moves to force private schools to open up their facilities to pupils from low-income homes.”
The Guardian, 11th August 2009
Source: www.guardian.co.uk
‘Disgust’ at road death sentence – BBC News
“A woman has said she is ‘disgusted’ by a three year jail term handed to the hit-and-run driver who killed her daughter in Lancashire.”
BBC News, 11th August 2009
Source: www.bbc.co.uk
