Generics (UK) Ltd and others v H Lundbeck A/S – WLR Daily

Posted February 26th, 2009 in law reports, patents by sally

Generics (UK) Ltd and others v H Lundbeck A/S [2009] WLR (D) 68

“A claim for revocation on the ground of insufficiency of a patent in which claims 1 and 3 were to a product consisting of a single chemical compound and claim 6 was to a process for preparing it failed.”

WLR Daily, 25th February 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.

Mitchell and Another v Glasgow City Council – Times Law Reports

Posted February 26th, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell and Another v Glasgow City Council

House of Lords

“Local housing authority landlords were under no duty to warn a neighbour who had received death threats from an abusive tenant that a meeting had been arranged at which he was warned that he would be evicted unless his behaviour improved, after which the abusive tenant inflicted fatal injuries on his neighbour.”

The Times, 26th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted February 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Khanani, R. v [2009] EWCA Crim 276 (28 January 2009)

Revenue and Customs Prosecutions Office v M [2009] EWCA Crim 214 (21 January 2009)

Court of Appeal (Civil Division)

AM (Somalia), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 114 (25 February 2009)

S & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 334 (25 February 2009)

High Court (Chancery Division)

Slattery v Cabinet Office Civil Service Pensions & Anor [2009] EWHC 226 (Ch) (16 February 2009)

Clearview International Ltd & Ors v PWH Com Ltd & Ors [2009] EWHC 167 (Ch) (06 February 2009)

High Court (Queen’s Bench Division)

Department for Business Enterprise & Regulatory Reform v O’Brien & Anor [2009] EWHC 164 (QB) (10 February 2009)

Thorne v Lass Salt Garvin (A Firm) [2009] EWHC 100 (QB) (28 January 2009)

Roach & Ors v Home Office [2009] EWHC 312 (QB) (25 February 2009)

High Court (Administrative Court)

Farrell, R (on the application of) v Cheshire County Council [2009] EWHC 260 (Admin) (03 February 2009)

Hassan, R (on the application of) v Secretary of State for Defence [2009] EWHC 309 (Admin) (25 February 2009)

The Bard Campaign & Anor v Secretary of State for Communities and Local Government [2009] EWHC 308 (Admin) (25 February 2009)

High Court (Technology and Construction Court)

Linnett v Halliwells Llp [2009] EWHC 319 (TCC) (24 February 2009)

Source: www.bailii.org

Child Support Agency: tough new line leaves parents few appeal rights – The Times

Posted February 26th, 2009 in appeals, child support, news by sally

“I have spent most of the past ten years representing parents, mostly women, trying to recover ever-increasing arrears of maintenance from the Child Support Agency.”

Full story

The Times, 26th February 2009

Source: www.timesonline.co.uk

Miliband faces high court battle in UK over Gaza rights – The Guardian

Posted February 26th, 2009 in international law, news, weapons by sally

“The foreign secretary, David Miliband, has acted ‘in flagrant and continuing breach of international law’ in failing to suspend arms exports to Israel, the high court will be told.”

Full story

The Guardian, 25th February 2009

Source: www.guardian.co.uk

Now bankers want a new bonus – lower divorce settlements – The Independent

Posted February 26th, 2009 in divorce, financial provision, news by sally

“Divorced bankers who have had their bonuses cut are trying to wriggle out of millions of pounds worth of maintenance payments they promised to pay their children and former wives. Dozens of ex-husbands in the City are going back to court to ask judges to reduce divorce settlements that were agreed in much rosier economic times.”

Full story

The Independent, 26th February 2009

Source: www.independent.co.uk

Improved care for young, vulnerable witnesses – Ministry of Justice

Posted February 26th, 2009 in children, news, witnesses by sally

“Plans to give young, vulnerable witnesses better support and encourage more witnesses to come forward with evidence of crimes have today been published by Justice Minister Maria Eagle.”

Full story

Ministry of Justice, 25th February 2009

Source: www.justice.gov.uk

Early release ‘undermines’ system – BBC News

Posted February 26th, 2009 in early release, news by sally

“Public confidence in the criminal justice system is being eroded by the early release scheme, the former Lord Chief Justice has told the BBC.”

Full story

BBC News, 25th February 2009

Source: www.bbc.co.uk

Lord Ahmed jailed for sending texts while driving before fatal crash – The Guardian

Posted February 26th, 2009 in dangerous driving, news, sentencing by sally

“The prominent Labour peer Lord Ahmed of Rotherham was jailed for 12 weeks today after admitting sending texts while driving shortly before his Jaguar ploughed into a stationary car on the M1, killing its driver.”

Full story

The Guardian, 25th February 2009

Source: www.guardian.co.uk

Solicitors’ regulator faces corporate rebellion – The Times

Posted February 26th, 2009 in law firms, news, Solicitors Regulation Authority by sally

“Do the big corporate law firms want to be policed alongside their high street counterparts? And is such dual regulation even possible? As two ends of the profession become increasingly differentiated, so the task of regulating both becomes harder. Now, the Solicitors Regulation Authority (SRA) is facing a rebellion in the City, where leading global practices say that the two-year-old body cannot regulate the profession’s top end.”

Full story

The Times, 26th February 2009

Source: www.timesonline.co.uk

Judge refuses Iraq war ‘torture death’ probe – The Independent

Posted February 26th, 2009 in armed forces, human rights, inquiries, Iraq, news, torture by sally

“An Iraqi who claims his brother was arrested by British forces and tortured and killed during the Iraq war has failed in a High Court bid to win an inquiry into the death under human rights laws.”

Full story

The Independent, 25th February 2009

Source: www.independent.co.uk

Jury fail to reach verdicts in inflatable artwork trial – The Guardian

Posted February 26th, 2009 in artistic works, health & safety, homicide, news by sally

“The jury in the trial of an artist accused of killing two women when his inflatable sculpture blew away failed to reach verdicts today (25 February).”

Full story

The Guardian, 25th February 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 25th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Myers, R. v [2009] EWCA Crim 119 (29 January 2009)

Sturt, R. v [2009] EWCA Crim 77 (23 January 2009)

Zeca, R. v [2009] EWCA Crim 133 (21 January 2009)

Grigsby, R. v [2009] EWCA Crim 220 (10 February 2009)

Billingham, R. v [2009] EWCA Crim 19 (23 January 2009)

Chaney v R. [2009] EWCA Crim 21 (23 January 2009)

Z, R. v [2009] EWCA Crim 20 (23 January 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Court of Appeal (Civil Division)

N, R (on the application of) v London Borough of Barking and Dagenham Independent Appeal Panel [2009] EWCA Civ 108 (24 February 2009)

Alford v Cambridgeshire Police [2009] EWCA Civ 100 (24 February 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted February 25th, 2009 in law reports by sally

Generics (UK) Limited and others (Appellants) v H Lundbeck A/S (Respondents) [2009] UKHL 12 (25 February 2009)

Source: www.parliament.uk

Public opinion and the jury: an international literature review – Ministry of Justice

Posted February 25th, 2009 in juries, reports by sally

“Despite substantial literature on the legal institution of the jury, and on the experiences of jurors, less is known about public attitudes to juries. This report sought to help address this knowledge gap, drawing together findings from the small number of surveys that have asked questions on this subject. The report indicates high levels of confidence in the jury amongst the general public.”

Full report (PDF)

Ministry of Justice, 25th February 2009

Source: www.justice.gov.uk

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted February 25th, 2009 in judicial review, law reports, sites of special scientific interest by sally

Regina (Boggis and Another) v Natural England

Queen’s Bench Division

“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Morshead Mansions Ltd v Leon Di Marco – Times Law Reports

Posted February 25th, 2009 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Leon Di Marco

Court of Appeal

“Where a tenant was a member of the landlord company, that company could recover an amount passed by resolution of the company under its articles to finance anticipated expenditure to maintain the building, even though such a claim was unenforceable under the Landlord and Tenant Act 1985 The Court of Appeal (Lord Justice Mummery, Lord Justice Wall and Lord Justice Toulson) so stated on December 10, 2008, allowing the appeal of Morshead Mansions Ltd from the decision of Mr Recorder Mitchell, QC, in Central London County Court, dated January 22, 2008, that a resolution of the company passed pursuant to its articles of association to establish a fund of £400,000 to be designated the 2007 Recovery Fund was not enforceable as a service charge within under section 18 of the 1985 Act.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tabernacle v Secretary of State for Defence – Times Law Reports

Posted February 25th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence

Court of Appeal

“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Controlling costs in defamation proceedings – Ministry of Justice

Posted February 25th, 2009 in costs, defamation, news by sally

“New proposals to control costs in defamation proceedings were announced by Justice Minister Bridget Prentice today.”

Full story

Ministry of Justice, 24th February 2009

Source: www.justice.gov.uk

Fight against terror ‘spells end of privacy’ – The Guardian

Posted February 25th, 2009 in data protection, news, privacy, terrorism by sally

“Privacy rights of innocent people will have to be sacrificed to give the security services access to a sweeping range of personal data, one of the architects of the government’s national security strategy has warned.”

Full story

The Guardian, 25th February 2009

Source: www.guardian.co.uk