BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Roche, R. v [2009] EWCA Crim 1499 (07 July 2009)
Court of Appeal (Civil Division)
Strand Transport Services Ltd v Whitworth [2009] EWCA Civ 858 (06 August 2009)
High Court (Queen’s Bench)
Corus UK Ltd v Cavendish (UK) Ltd & Ors [2009] EWHC 2058 (QB) (07 August 2009)
High Court (Chancery Division)
Wyndham v Egremont & Ors [2009] EWHC 2076 (Ch) (07 August 2009)
Swissair, Re [2009] EWHC 2099 (Ch) (06 August 2009)
High Court (Technology and Construction Court)
High Court (Commercial Court)
Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2009] EWHC 2097 (Comm) (07 August 2009)
Rubin & Anor v Eurofinance SA & Ors [2009] EWHC B16 (Comm) (31 July 2009)
Source: www.bailii.org
100 claims companies cancelled as crackdown continues on firms who mislead the public – Ministry of Justice
“Misleading claims that debt can be written off as unenforceable, high pressure selling and cold calling in person will not be tolerated – tough message from Ministry of Justice Claims Management Regulator as 100th company cancelled.”
Ministry of Justice, 9th August 2009
Source: www.justice.gov.uk
Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – Times Law Reports
Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health
Court of Appeal
“A policy of prohibiting smoking in the premises of an NHS trust, which had the consequence of a ban on smoking for those detained in a high security psychiatric hospital, did not violate the patients’ human rights and was lawful.”
The Times, 10th August 2009
Source: www.timesonline.co.uk
Ministers’ admission links MI5 and MI6 to ‘torture victim’ – The Independent
“Ministers have admitted the Government sent secret agents to interview a British detainee in Afghanistan, supporting allegations MI5 and MI6 officers were present while he was tortured by his American captors.”
The Independent, 10th August 2009
Source: www.independent.co.uk
One-stop courts to help women confront abuse – The Times
“One-stop courts to help victims of domestic violence win legal redress are to be established across the country to encourage battered women to come forward and identify their abusers.”
The Times, 9th August 2009
Source: www.timesonline.co.uk
Speeding driver jailed for killing magistrate’s wife – Daily Telegraph
“Postman Darren Blight was jailed on Friday for mowing down and killing Susan Peters, a magistrate’s wife, while driving at twice the speed limit with traces of cannabis in his system.”
Daily Telegraph, 7th August 2009
Source: www.telegraph.co.uk
Gang warfare killers jailed for up to 35 years – The Independent
“Four gang members were told today they must serve minimum prison terms of up to 35 years after they were found guilty of murdering a 17-year-old youth who was gunned down outside a barber shop.”
The Independent, 7th August 2009
Source: www.independent.co.uk
Police to ignore European Court of Human Rights ruling on stored DNA – The Times
“Chief constables have been told to ignore a landmark European Court ruling and continue storing the DNA samples of innocent people.”
The Times, 8th August 2009
Source: www.timesonline.co.uk
A request to snoop on public every 60 secs – Daily Telegraph
“Councils, police and other public bodies are seeking access to people’s private telephone and email records almost 1,400 times a day, new figures have disclosed.”
Daily Telegraph, 9th August 2009
Source: www.telegraph.co.uk
‘Racist bias’ blamed for disparity in police DNA database – The Guardian
“Almost one in four black children over 10 have had their profiles placed on the police DNA database. The disclosure has sparked claims from the chair of an influential parliamentary committee that the disparity with white children is undermining social integration.”
The Guardian, 9th August 2009
Source: www.guardian.co.uk
Revealed: Britain’s most lenient judge – The Times
“A circuit judge who sits at Birmingham crown court has had 10 of her sentences increased on appeal, placing her top of a list of judges whose decisions have been overturned for excessive leniency.”
The Times, 9th August 2009
Source: www.timesonline.co.uk
Extradited priest remanded in custody – The Independent
“A former Roman Catholic priest was remanded in custody today after being extradited to Britain from the United States to face allegations of sexual abuse.”
The Independent, 8th August 2009
Source: www.independent.co.uk
Prison population at record high despite early releases – Daily Telegraph
“The prison population has hit a record high despite more than 65,000 criminals being released early to ease overcrowding in the last two years.”
Daily Telegraph, 7th August 2009
Source: www.telegraph.co.uk
Failed banana case cost £20,000 – BBC News
“Prosecutors say they were justified in spending an estimated £20,000 on the crown court trial of a man who was acquitted of stealing a 25p banana.”
BBC News, 7th August 2009
Source: www.bbc.co.uk
Rubin and another v Eurofinance SAand others – WLR Daily
Rubin and another v Eurofinance SAand others [2009] WLR (D) 282
“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”
WLR Daily, 6th 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.
Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily
“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”
WLR Daily, 6th 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.
Legal Services Board seeks powers to impose huge fines on regulators – Law Society’s Gazette
“The Legal Services Board could punish the Law Society and other regulators with multi-million-pound fines if they fail to meet its regulatory objectives, under proposals published this week.”
Law Society’s Gazette, 6th August 2009
Source: www.lawgazette.co.uk
Justice Committee Report Calls For An ‘Overall Vision’ For Crown Prosecution Service – The Bar Council
“The Bar Council and the Criminal Bar Association welcome the publication of the House of Commons Justice Select Committee’s report on the Work of the Crown Prosecution Service (CPS). The report, entitled The Crown Prosecution Service: Gatekeeper of the Criminal Justice System, highlights areas for attention which include consistency, the piecemeal way in which its functions are developing and the proportion of cases taken by in-house advocates.”
The Bar Council, 6th August 2009
Source: www.barcouncil.org.uk
