House of Lords Judgments: What’s New?
Source: www.parliament.uk
Inquests into the deaths of service personnel in operations and exercises overseas – Ministry of Justice
“Justice Minister Bridget Prentice has made a written ministerial statement about the deaths of servicemen and women overseas.”
Ministry of Justice, 5th May 2009
Source: www.justice.gov.uk
Union Railways (North) Ltd and another v Kent County Council – WLR Daily
Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143
“In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, the company was not excluded per se by reason of s 22 of the Compulsory Purchase Act 1965 from making a reference to the Lands Tribunal seeking compensation.”
WLR Daily, 5th May 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.
National Commercial Bank Jamaica Ltd v Olint Corporation Ltd – Times Law Reports
National Commercial Bank Jamaica Ltd v Olint Corporation Ltd
Privy Council
A bank was entitled to close the accounts of a customer company against which allegations of fraud had been made. The Privy Council so held in giving reasons for having allowed, on January 26, 2009, an appeal by National Commercial Bank Jamaica Ltd against the Court of Appeal of Jamaica which in allowing an appeal by Olint Corp Ltd from Mr Justice Jones, it granted the company injunctions until trial restraining the bank from closing its accounts.
The Times, 6th May 2009
Source: www.timesonline.co.uk
Red River UK Ltd and Another v Sheikh and Another – Times Law Reports
Red River UK Ltd and Another v Sheikh and Another
Court of Appeal
“Where an appeal was compromised, the parties were under a duty to inform the court before the hearing so that unnecessary costs were not incurred and court time wasted.”
The Times, 6th May 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Pritchard Joyce & Hinds (A Firm) v Batcup & Anor [2009] EWCA Civ 369 (05 May 2009)
High Court (Chancery Division)
Rahme v Smith & Williamson Trust Corporation Ltd [2009] EWHC 911 (Ch) (30 April 2009)
High Court (Queen’s Bench Division)
Dowson & Ors v Northumbria Police [2009] EWHC 907 (QB) (30 April 2009)
High Court (Family Division)
TF & Anor, Re [2008] EWHC 3467 (Fam) (17 October 2008)
High Court (Administrative Court)
High Court (Commercial Court)
Ts Lines Ltd. v Delphis NV [2009] EWHC 933 (Comm) (25 February 2009)
Ts Lines Ltd. v Delphis NV [2009] EWHC 933 (Comm) (25 February 2009)
High Court (Technology and Construction Court)
Siemens Building Technologies FE Ltd v Supershield Ltd [2009] EWHC 927 (TCC) (01 May 2009)
Source: www.bailii.org
Ex-City lawyer wins right to sue for £5m over Catholic school abuse – The Times
“The Roman Catholic Church in Britain could face a surge of US-style compensation claims over child abuse after a former City lawyer yesterday won the right to claim £5 million in damages.”
The Times, 6th May 2009
Source: www.timesonline.co.uk
Legal costs threaten journalism, editors tell MPs – The Guardian
“Editors including the Guardian’s Alan Rusbridger warned MPs yesterday that the ‘chilling’ costs of legal action were increasingly deterring investigative journalism.”
The Guardian, 5th May 2009
Source: www.guardian.co.uk
Fraud tempts more directors of insolvent companies – The Times
“The number of directors of insolvent companies disqualified for financial crime is soaring as the recession takes hold, according to government figures.”
The Times, 4th May 2009
Source: www.timesonline.co.uk
Convicted teenager Kane Beales wins legal fight over ‘shame’ jackets – The Times
“A convicted teenager who refused to wear a high visibility jacket labelled ‘Community Payback’ was today told by a court that he had a ‘reasonable excuse’.”
The Times, 5th May 2009
Source: www.timesonline.co.uk
Judge attacks low-cost alcohol – Daily Telegraph
“A judge criticised the low cost of alcohol after being told a young defendant drank 24 cans of Stella Artois lager a day despite being unemployed.”
Daily Telegraph, 5th May 2009
Source: www.telegraph.co.uk
Savage response: barred shock jock vows to sue – The Independent
“A US radio presenter barred from entering Britain said today he would sue the British government for defamation after his name was published on an official list of ‘promoters of hate’.”
The Independent, 6th May 2009
Source: www.independent.co.uk
Capital sees rise in terror stops – BBC News
“Somebody in London is stopped and searched every three minutes, according to new figures obtained by BBC London.”
BBC News, 6th May 2009
Source: www.bbc.co.uk
Mother jailed for leaving toddler home alone – Daily Telegraph
“A mother who left her two-year-old daughter home alone while she went out shopping has been jailed for nine months.”
Daily Telegraph, 5th May 2009
Source: www.telegraph.co.uk
Government will clarify consumer law to encourage e-commerce – OUT-LAW.com
“The Government plans to clarify and simplify consumers’ rights in a bid to encourage online shoppers to make more use of them. It will publish a plan in the summer for helping shoppers to understand and exercise their rights.”
OUT-LAW.com, 6th May 2009
Source: www.out-law.com
Ex-detective backs miscarriage of justice claim – The Guardian
“A former detective now working as a private investigator says that a file seized from him by police last year could hold key information about an alleged miscarriage of justice. His claim is the latest concern to be raised in the case, which involved another officer since convicted of corruption.”
The Guardian, 5th May 2009
Source: www.guardian.co.uk
Judge condemns police for cautioning convicted sex offender – Daily Telegraph
“A judge has condemned police for only cautioning a convicted sex offender who breached a court order before going on to abuse more children.”
Daily Telegraph, 5th May 2009
Source: www.telegraph.co.uk
Recent Statutory Instruments – OPSI
The Animal By-Products (Amendment) Regulations 2009
The Armed Forces (Evidence in Proceedings before Civilian Courts) Regulations 2009
The Reserve Forces (Evidence in Proceedings before Civil Courts) Regulations 2009
The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009
The Armed Forces (Forfeitures and Deductions) Regulations 2009
The Armed Forces (Evidence of Illegal Absence and Transfer to Service Custody) Regulations 2009
The Service Custody and Service of Relevant Sentences Rules 2009
The Armed Forces (Custody Without Charge) Regulations 2009
The Armed Forces (Custody Proceedings) Rules 2009
The Armed Forces (Protection of Children of Service Families) Regulations 2009
Source: www.opsi.gov.uk
R v Briggs-Price – WLR Daily
R v Briggs-Price [2009] UKHL 19; [2009] WLR (D) 142
“A confiscation order could be made under the Drug Trafficking Act 1994 in respect of benefit derived from drug trafficking other than that of which the defendant had been convicted which had been established by evidence during the trial.”
WLR Daily, 1st May 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.
