‘Why did the judge say no to me?’ – The Independent
“Families of the two deformed children excluded from last week’s ruling against Corby council are vowing to fight on.”
The Independent, 4th August 2009
Source: www.independent.co.uk
Month: August 2009
‘Soft’ sentences increased on appeal – Daily Telegraph
“Concerns over the leniency of the courts deepened yesterday after almost three quarters of sentences suspected of being too soft were increased on appeal.”
Daily Telegraph, 4th August 2009
Source: www.telegraph.co.uk
Government may allow Commons time to hear assisted dying bill – The Guardian
“The government is to consider giving time for a bill to allow assisted dying if the director of public prosecutions fails to come up with clearer advice on when it is legal or illegal to help someone to die.”
The Guardian, 3rd August 2009
Source: www.guardian.co.uk
‘Fake cigarette’ legal bid fails – BBC News
“A lorry driver lost his bid to overturn a smoking fine despite claiming he was using an ‘electric’ cigarette.”
BBC News, 3rd August 2009
Source: www.bbc.co.uk
The Big Question: What exactly did Gary McKinnon do wrong, and should he be extradited? – The Independent
“Why are we asking this now?
Because Gary McKinnon has been fighting the United States’ plans to have him extradited on hacking charges for the best part of seven years.”
The Independent, 4th August 2009
Source: www.independent.co.uk
Drug charity director sues after he is wrongly targeted by sniffer dogs – Daily Telegraph
“A drugs charity director is suing British Transport Police after he was wrongly targeted by sniffer dogs at an Underground station.”
Daily Telegraph, 4th August 2009
Source: www.telegraph.co.uk
Jewish school wins right to appeal against ruling its entry policy was racist – The Guardian
“Europe’s largest Jewish school succeeded today in winning leave to appeal against a court judgment that said its entry policy was racist.”
The Guardian, 3rd August 2009
Source: www.guardian.co.uk
Emails and phone calls did not establish a contract, rules Court of Appeal – OUT-LAW.com
“A series of emails and phone calls were not sufficient to establish a contract, the Court of Appeal has ruled. The communications did not contain enough information or the formal qualities necessary for a contract to have been made, it said.”
OUT-LAW.com, 3rd August 2009
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Deripaska v Cherney [2009] EWCA Civ 849 (31 July 2009)
Lansat Shipping Co Ltd v Glencore Grain BV [2009] EWCA Civ 855 (31 July 2009)
David Baxendale Ltd v Revenue and Customs [2009] EWCA Civ 831 (31 July 2009)
Sainsbury’s Supermarkets Ltd v Wolverhampton City Council [2009] EWCA Civ 734 (31 July 2009)
Zabihi v Janzemini & Ors [2009] EWCA Civ 851 (30 July 2009)
High Court (Chancery Division)
Sodastream Ltd v Coates & Ors [2009] EWHC 1936 (Ch) (31 July 2009)
Perrins v Holland & Anor [2009] EWHC 1945 (Ch) (31 July 2009)
Martin v Triggs Turner Bartons (a firm) & Ors [2009] EWHC 1920 (Ch) (31 July 2009)
National Trust for Places of Historic Interest v Birden [2009] EWHC 2023 (Ch) (31 July 2009)
Catalyst Investment Group Ltd v Lewinsohn & Ors [2009] EWHC 1964 (Ch) (31 July 2009)
High Court (Administrative Court)
High Court (Commercial Court)
UR Power GmbH v Kuok Oils and Grains Pte Ltd [2009] EWHC 1940 (Comm) (31 July 2009)
High Court (Technology and Construction Court)
Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor [2009] EWHC 1919 (TCC) (30 July 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
Man is jailed over cold case rape – BBC News
“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.”
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
“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.”
OUT-LAW.com, 3rd August 2009
Source: www.out-law.com
BAILII: Recent Decisions
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
“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.”
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
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
Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) – WLR Daily
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
“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
“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
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.
