03/08/2009 – Current Awareness

“A man who was found guilty of raping a 41-year-old woman near Manchester city centre more than 11 years ago has been jailed for seven-and-a-half years.”

Full story

BBC News, 3rd August 2009

Source: www.bbc.co.uk

No VAT charged for carbon trades as Government widens anti-carousel fraud battle – OUT-LAW.com

Posted August 3rd, 2009 in carbon dioxide emissions, EC law, emissions trading, fraud, news, VAT by sally

“Criminals have been using EU green schemes to commit VAT carousel fraud, the Government has said. It has put an end to the charging of VAT when carbon emissions are traded to stop the activity, it said.”

Full story

OUT-LAW.com, 3rd August 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted August 3rd, 2009 in law reports by sally

High Court (Queen’s Bench)

Imerman v Tchenguiz & Ors [2009] EWHC 2024 (QB) (27 July 2009)

FP v Taunton & Somerset NHS Trust [2009] EWHC 1965 (QB) (31 July 2009)

London Borough of Barnet v Adler & Ors [2009] EWHC 2012 (QB) (31 July 2009)

Khader v Aziz & Anor [2009] EWHC 2027 (QB) (31 July 2009)

High Court (Technology and Construction Court)

Workspace Management Ltd v YJL London Ltd [2009] EWHC 2017 (TCC) (28 July 2009)

High Court (Patents Court)

MMI Research Ltd. v Cellxion Ltd & Ors [2009] EWHC 1938 (Pat) (31 July 2009)

Fabio Perini SPA v LPC Group Plc & Ors [2009] EWHC 1929 (Pat) (31 July 2009)

Source: www.bailii.org

Criminal trials from 18th and 19th centuries go online for first time – The Times

Posted August 3rd, 2009 in archives, internet, news, trials by sally

“The records, published in a collaboration between the website and the National Archives, include every criminal trial in England and Wales that was reported to the Home Office between 1791 and 1892.”

Full story

The Times, 3rd August 2009

Source: www.timesonline.co.uk

Freedom of expression and the role of the Supreme Court – some issues from across the world – Speech by The Rt Hon Lady Justice Arden DBE

Posted August 3rd, 2009 in freedom of expression, speeches, Supreme Court by sally

Freedom of expression and the role of the Supreme Court – some issues from across the world (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

A Judicial-Academic Conference,31st July 2009

Source: www.judiciary.gov.uk

House of Lords Judgments: What’s new?

Posted August 3rd, 2009 in law reports by sally

Moore Stephens (a firm) (Respondents) v Stone Rolls Limited (in liquidation (Appellants) [2009] UKHL 39 (30 July 2009)

Lexington Insurance Company (Respondents) v AGF Insurance Limited (Appellants) and one other action
Lexington Insurance Company (Respondent) v Wasa International Insurance Company Limited (Appellants) and one other action [2009] UKHL 40 (30 July 2009)

Fisher (Original Respondent and Cross-appellant) v Brooker and others (Original Appellants and Cross-respondents) [2009] UKHL 41 (30 July 2009)

R v C (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) [2009] UKHL 42 (30 July 2009)

Masri (Respondent) v Consolidated Contractors International Company SAL and others and another (Appellant) and another [2009] UKHL 43 (30 July 2009)

Transport for London (London Underground Limited) (Appellants) v Spirerose Limited (in administration) (Respondents) [2009] UKHL 44 (30 July 2009)

R (on the application of Purdy) (Appellant) v Director of Public Prosecutions (Respondent) [2009] UKHL 45 (30 July 2009)

Source: www.parliament.uk

Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) – WLR Daily

Posted August 3rd, 2009 in auditors, company law, fraud, law reports by sally

Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) [2009] UKHL 39; [2009] WLR (D) 277

“A company, which was in the exclusive control of its sole director and shareholder so as to be primarily liable for frauds committed against third parties, could not bring an action for damages against its auditors on the basis that they had failed to detect ‘the very thing’, namely its fraudulent activities, they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the principle of ex turpi causa non oritur actio.”

WLR Daily, 31st July 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.

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change – WLR Daily

Posted August 3rd, 2009 in energy, judicial review, law reports, ministers' powers and duties, statutory duty by sally

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810; [2009] WLR (D) 276

“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”

WLR Daily, 31st July 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.

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Posted August 3rd, 2009 in debts, execution, foreign companies, judgments, law reports, service out of jurisdiction by sally

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 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.

Fisher v Brooker and another – WLR Daily

Posted August 3rd, 2009 in artistic works, copyright, delay, estoppel, law reports by sally

Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274

“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”

WLR Daily, 31st July 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.

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) – WLR Daily

Posted August 3rd, 2009 in compulsory purchase, law reports, valuation by sally

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273

“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”

WLR Daily, 31st July 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.

R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) – WLR Daily

Posted August 3rd, 2009 in assisted suicide, Crown Prosecution Service, law reports, married persons by sally

R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) [2009] UKHL 45; [2009] WLR (D) 271

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to prosecute a person such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

WLR Daily, 31st July 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.

Windatt (trustee in banruptcy of Wright) v Wright and another – WLR Daily

Posted August 3rd, 2009 in bankruptcy, charging orders, execution, law reports by sally

Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270

“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”

WLR Daily, 31st July 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.

R v K(A) – WLR Daily

Posted August 3rd, 2009 in law reports, self-incrimination, without prejudice communications by sally

R v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269

“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”

WLR Daily, 31st July 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.

Regina (Al-Sweady and Others) v Secretary of State for Defence – Times Law Reports

Posted August 3rd, 2009 in law reports, ministers' powers and duties, public interest immunity by sally

Regina (Al-Sweady and Others) v Secretary of State for Defence

Queen’s Bench Divisional Court

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”

The Times, 3rd August 2009

Source: www.timesonline.co.uk