Secretary of State for Work and Pensions v Yates – WLR Daily
Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184
“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”
WLR Daily, 12th June 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.
Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily
Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183
“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”
WLR Daily, 12th June 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.
Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily
Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182
“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”
WLR Daily, 12th June 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.
Hanoman v Southwark London Borough Council (No 2) – WLR Daily
Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181
“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”
WLR Daily, 11th June 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.
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily
“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”
WLR Daily, 11th June 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.
Ainsworth and Others v Inland Revenue Commissioners – Times Law Reports
Ainsworth and Others v Inland Revenue Commissioners
House of Lords
“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”
Times Law Reports, 15th June 2009
Source: www.timesonline.co.uk
(HR) (Portugal) v Secretary of State for the Home Department – Times Law Reports
(HR) (Portugal) v Secretary of State for the Home Department
Court of Appeal
“Time spent in jail in the United Kingdom by a national of the European Economic Area was not counted when calculating whether he had live in the country continuously for at least ten years before the decision to deport him.”
Times Law Reports, 15th June 2009
Source: www.timesonline.co.uk
Human rights laws ‘being abused’ – BBC News
“A survey has found 80% of those questioned think some people take unfair advantage of human rights laws.”
BBC News, 15th June 2009
Source: www.bbc.co.uk
Royal secrets withheld under revised information rules – Independent on Sunday
“Members of the public and journalists will be banned from seeing the contents of secret documents on the Cabinet and Royal Family under measures quietly announced by Gordon Brown last week.”
Independent on Sunday, 14th June 2009
Source: www.independent.co.uk
Destination libel – The Guardian
“Is the fear of legal action creating a chilling effect for investigative journalism? Campaigners want British laws changed so libel tourists stay away.”
The Guardian, 15th June 2009
Source: www.guardian.co.uk
Names of judges found guilty of misconduct to stay secret – The Guardian
“The government and the judiciary can continue to conceal the names of more than 170 misbehaving judges, a freedom of information tribunal has ruled.”
The Guardian, 15th June 2009
Source: www.guardian.co.uk
Call to publish 1979 death report – BBC News
“A campaign group has called on the Metropolitan Police Commissioner Sir Paul Stephenson to publish a report into the death of a protester in 1979.”
BBC News, 14th June 2009
Source: www.bbc.co.uk
Army chiefs in Afghanistan cannot be sued for death of their troops – The Times
“Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier.”
The Times, 15th June 2009
Source: www.timesonline.co.uk
Beware rape myths, judges to tell jurors – The Times
“Juries are to be instructed to ignore myths surrounding rape in an attempt to raise Britain’s low conviction rate for the crime. Under new directions to be given by judges in rape cases, jurors will be told not to assume the victim was ‘asking for it’ because of the way she dressed, her behaviour or her demeanour.”
The Times, 15th June 2009
Source: www.timesonline.co.uk
Victory for anti-scald campaign – BBC News
“A campaign to reduce injuries caused by scalding in the bath has brought about a change to building regulations.”
BBC News, 11th June 2009
Source: www.bbc.co.uk
Kinsella killers jailed for life – BBC News
“Three men have been given life sentences for murdering 16-year-old Ben Kinsella in north London.”
BBC News, 11th June 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Freeman v London Borough of Islington [2009] EWCA Civ 536 (11 June 2009)
B (A Child), Re [2009] EWCA Civ 545 (11 June 2009)
Pickthall & Anor v Hill Dickinson Llp [2009] EWCA Civ 543 (11 June 2009)
High Court (Administrative Court)
High Court (Chancery Division)
Revenue and Customs v The Rank Group [2009] EWHC 1244 (Ch) (08 June 2009)
Supperstone v Hurst & Anor [2009] EWHC 1271 (Ch) (08 June 2009)
Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1295 (Ch) (10 June 2009)
HM Revenue & Customs v Benchdollar Ltd & Ors [2009] EWHC 1310 (Ch) (11 June 2009)
Cygnet Healthcare Ltd v Greenswan Consultants Ltd [2009] EWHC 1318 (Ch) (11 June 2009)
High Court (Family Division)
Y v Q & Anor [2009] EWHC B9 (Fam) (28 May 2009)
High Court (Queen’s Bench Division)
Wilkinson v Fitzgerald & Anor [2009] EWHC 1297 (QB) (11 June 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Offshore Installations (Safety Zones) Order 2009
The Legislative Reform (Local Government) (Animal Health Functions) Order 2009
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2009
The Building Societies (Accounts and Related Provisions) (Amendment) Regulations 2009
The Landsbanki Freezing (Revocation) Order 2009
Source: www.opsi.gov.uk
Regina v Islam – Times Law Reports
House of Lords
“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”
Times Law Reports, 12th June 2009
Source: www.timesonline.co.uk
