High Court (Queen’s Bench Division)
Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)
High Court (Commercial Court)
JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)
Source: www.bailii.org
“From October this year the Supreme Court will replace the House of Lords as the highest court in England and Wales.”
The Lawyer, 23rd February 2009
Source: www.thelawyer.com
“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”
Ministry of Justice, 23rd February 2009
Source: www.justice.gov.uk
Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65
“Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”
WLR Daily, 20th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64
“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”
WLR Daily, 20th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Floe Telecom Ltd v Office of Communications and Another
Court of Appeal
“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”
The Times,23rd 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.
Adorian v Commissioner of Police of the Metropolis
Court of Appeal
“The requirement in section 329 of the Criminal Justice Act 2003 that the court’s permission had to be obtained before a convicted offender could bring civil proceedings for trespass to the person was procedural and directory. Where such proceedings were brought without permission, the defect could be cured on application to the court.”
The Times,23rd 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.
“Medical research using embryos that contain both human and animal material was cleared to continue yesterday, after the High Court threw out a legal challenge by religious campaigners.”
The Times, 20th February 2009
Source: www.timesonline.co.uk
“The Government is failing to resolve the issue of access to child abuse images on the internet, major children’s charities said today.”
The Independent, 23rd February 2009
Source: www.independent.co.uk
“Fraudulent bankers are more of a danger to society than terrorists and the failure to reassure people that their money is safe is an ‘absolute failure of public policy’, a former Director of Public Prosecutions says today.”
The Times, 23rd February 2009
Source: www.timesonline.co.uk
“The government will today come under pressure to forge a new compensation deal for thousands of people with haemophilia who were given blood tainted with HIV and hepatitis C, as a long-awaited report from an independent inquiry into the scandal is published.”
The Guardian, 23rd February 2009
Source: www.guardian.co.uk
“Lord Carlile, the independent reviewer of anti-terror laws, has written to the home secretary to ask her to enable computer hacker Gary McKinnon to be prosecuted in the UK rather than face extradition and a jail term in the US. The intervention comes as the director of public prosecutions, Keir Starmer QC, is considering whether to prosecute McKinnon, who has been diagnosed with Asperger’s syndrome, under British computer misuse laws.”
The Guardian, 23rd February 2009
Source: www.guardian.co.uk
“Lord Astor, the stepfather of David Cameron’s wife, is seeking to block legislation which would force peers to pay tax in the UK or resign from the House of Lords.”
Daily Telegraph, 22nd February 2009
Source: www.telegraph.co.uk
“The prime minister’s plans to allow phone tap evidence to be used in court could be scuppered by human rights and privacy laws, an independent review ordered by Gordon Brown has found.”
The Times, 22nd February 2009
Source: www.timesonline.co.uk
“The UK’s new Banking Act, which gives greater powers of intervention to the Bank of England, is coming into force.”
BBC News, 21st February 2009
Source: www.bbc.co.uk
“New measures to bar tens of thousands of foreign workers from outside Europe coming to work in Britain as the recession bites deeper were outlined by the home secretary, Jacqui Smith, today.”
The Guardian, 22nd February 2009
Source: www.guardian.co.uk
“The seven-year ordeal of a British resident held by the Americans at Guantanamo Bay is expected to end this evening when an RAF plane touches down at a military airfield somewhere in the Home Counties.”
The Independent, 23rd February 2009
Source: www.independent.co.uk
“Jacqui Smith has said her controversial second home allowance that has forced a Commons inquiry was not against the rules.”
Daily Telegraph, 22nd February 2009
Source: www.telegraph.co.uk
“The General Medical Council (GMC) faces a judicial review later over claims it failed to investigate a boy’s death nearly 19 years ago.”
BBC News, 23rd February 2009
Source: www.bbc.co.uk
“Magistrates have refused to lift an Asbo on a woman who has made repeated seaside suicide attempts.”
BBC News, 20th February 2009
Source: www.bbc.co.uk
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