High Court (Commercial Court)
Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)
High Court (Technology and Construction Court)
Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)
Source: www.bailii.org
“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”
OUT-LAW.com, 11th February 2009
Source: www.out-law.com
“A consultation on the system of fees and concessions for civil and devolution cases in the Supreme Court, after it becomes operational in October 2009.”
Ministry of Justice, 10th February 2009
Source: www.justice.gov.uk
“On Tuesday 10th February, the SGC and MOJ jointly published: ‘The Study of Sentencing and its Outcomes: a pilot report’. The pilot assessed the feasibility of sampling court records, collecting data from court records and managing data collection procedures. It shows that while data collection from court records can be managed, crucial information was not obtainable making it difficult to achieve the objectives of the main study. For this reason, the SGC and MOJ have decided not to continue with the study. A statement explaining this decision accompanies the pilot report.”
Pilot report (PDF)
Pilot statement (PDF)
Sentencing Guidelines Council, 10th February 2009
Source: www.sentencing-guidelines.gov.uk
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42
“Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors’ meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the best interests of the liquidation for such an order to be made.”
WLR Daily, 10th 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.
In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41
“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”
WLR Daily, 10th 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.
Court of Appeal (Criminal Division)
“The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality which had to be reflected in the sentence.”
The Times, 11th 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.
NML Capital Ltd v Republic of Argentina
Queen’s Bench Division
“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”
The Times, 11th 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.
“City bankers hit hard by the credit crunch are desperately attempting to renegotiate costly divorce settlements they can no longer afford, according to top law firms.”
The Guardian, 11th February 2009
Source: www.guardian.co.uk
“The law lords will rule today on whether the BBC should release an internal report on its coverage of the Middle East conflict.”
The Guardian, 11th February 2009
Source: www.guardian.co.uk
“A young mother has been jailed for a ‘horrific’ campaign of cruelty against her helpless two-month-old son who died hours after her last attack, in a case that has echoes of ‘Baby P’.”
Daily Telegraph, 11th February 2009
Source: www.telegraph.co.uk
“It has been revealed that at least 65,000 people have had their claims for the return of overdraft charges frozen in the court system.”
BBC News, 11th February 2009
Source: www.bbc.co.uk
“The only remaining British resident held at the prison camp is at the centre of a row about allegations of torture. Revealed today, this is his account of the inhumane treatment he has received in the name of the war on terror.”
The Independent, 11th February 2009
Source: www.independent.co.uk
“David Miliband has been asked to join Jacqui Smith in appearing before parliament’s human rights committee amid growing concern that the government may have breached international law by colluding in the alleged torture of British citizens in Pakistan.”
Full story
The Guardian, 11th February 2009
Source: www.guardian.co.uk
“A senior female executive at a City bank headed by the new Trade Minister was a victim of sexism in a department where meetings ended up in strip clubs, an employment tribunal was told yesterday.”
The Times, 11th February 2009
Source: www.timesonline.co.uk
“A female firefighter who who worked only 13 shifts in two years claimed she suffered sexist bullying after she refused to join male colleagues on strike has begun a fresh claim for compensation against her employers.”
Daily Telegraph, 10th February 2009
Source: www.telegraph.co.uk
“London’s position as a leading centre for high-value commercial disputes was dealt a blow today by one of Europe’s highest courts.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
“The powerful newspaper editor Paul Dacre recently railed against unelected judges for creating “a privacy law by stealth”. Though the UK has not, historically, had such a law, increased court intervention has led to the emergence of a makeshift precedent-based privacy law, which Dacre feels will undermine democracy and shackle an otherwise free press. However, it has developed at least partially because of the inadequacy of alternative processes for those that feel aggrieved.”
The Guardian, 10th February 2009
Source: www.guardian.co.uk
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