Gillan and Quinton v United Kingdom – Times Law Reports

Posted January 15th, 2010 in law reports by sally

Gillan and Quinton v United Kingdom

European Court of Human Rights

Police stop and search powers under anti-terrorism legislation in the United Kingdom were too wide and not adequately safeguarded by the law against abuse.

The Times, 15th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2009] EWCA Civ 1362 (18 December 2009)

BP Shipping Ltd v Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership [2009] EWCA Civ 1407 (21 December 2009)

O M (Children) v Local Authority & Ors [2009] EWCA Civ 1405 (21 December 2009)

Wild v Secretary of State for Environment, Food and Rural Affairs & Anor [2009] EWCA Civ 1406 (21 December 2009)

Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)

Parkinson Engineering Services Plc v Swan & Anor [2009] EWCA Civ 1366 (21 December 2009)

Lewis, R (on the application of) v HM Coroner for the Mid & North Division of the County of Shropshire & Anor [2009] EWCA Civ 1403 (21 December 2009)

Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)

Court of Appeal (Criminal Division)

Marsh, R v [2009] EWCA Crim 2696 (21 December 2009)

Monaghan & Ors v R. [2009] EWCA Crim 2699 (21 December 2009)

Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)

Norris, R v [2009] EWCA Crim 2697 (21 December 2009)

High Court (Chancery Division)

Ross & Anor v HM Revenue & Customs [2010] EWHC 13 (Ch) (12 January 2010)

High Court (Commercial Court)

Dalwood Marine Co v Nordana Line A/S [2009] EWHC 3394 (Comm) (21 December 2009)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2009] EWHC 3314 (Comm) (21 December 2009)

High Court (Family Division)

Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

High Court (Technology and Construction Court)

European Dynamics SA v HM Treasury [2009] EWHC 3419 (TCC) (23 December 2009)

Crowley (t/a Crowley Civil Engineers v Rushmoor Borough Council [2010] EWHC 2237 (TCC) (10 January 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 12th, 2010 in law reports by sally

High Court (Administrative Court)

Gray v Secretary of State for Justice & Anor [2010] EWHC 2 (Admin) (11 January 2010)

British Gurkha Welfare Society & Ors v Ministry of Defence [2010] EWHC 3 (Admin) (11 January 2010)

High Court (Technology and Construction Court)

RWE Npower Plc v Alstom Power Ltd [2009] EWHC B40 (TCC) (23 December 2009)

Source: www.bailii.org

Regina v Gilham – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Regina v Gilham

Court of Appeal

“Images on the screen constituted sufficient evidence of data copied on to the random access memory of a computer, being used for playing counterfeit games, to establish a breach of copyright offence.”

The Times, 12th January 2010

Source: www.timesonline.co.uk

Cavel USA Inc and Another v Seaton Insurance Co and Another – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Cavel USA Inc and Another v Seaton Insurance Co and Another

Court of Appeal

“The concept of ‘fraud’ in an English commercial law context in a case having an international flavour, was not confined to deceit flowing from fraudulent misrepresentation; it had a much wider application and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

The Times, 12th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 11th, 2010 in law reports by sally

High Court (Chancery Division)

Delaney v Chen & Anor [2010] EWHC 6 (Ch) (08 January 2010)

High Court (Patents Court)

Molnlycke Health Care Ab & Anor v BSN Medical Ltd & Anor [2009] EWHC 3370 (Pat) (17 December 2009)

Source: www.bailii.org

Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another – Times Law Reports

Posted January 11th, 2010 in law reports by sally

Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another

Court of Appeal

“There was only a power, but not a duty, on a coroner to leave possibly, but not probably causative matters to the jury.”

The Times, 11th January 2010

Source: www.timesonline.co.uk

Industrious Ltd v Vincent – Times Law Reports

Posted January 11th, 2010 in law reports by sally

Industrious Ltd v Vincent

Employment Appeal Tribunal

“An employment tribunal had jurisdiction to determine whether a compromise agreement which satisfied section 203(3) of the Employment Rights Act 1996 and which would otherwise prevent the claimant from pursuing an unfair dismissal claim was unenforceable because of misrepresentation.”

The Times, 11th January 2010

Source: www.timesonline.co.uk

Miller-Smith v Miller-Smith – Times Law Reports

Posted January 8th, 2010 in law reports by sally

Miller-Smith v Miller-Smith

Court of Appeal

“On an application by a separated spouse to order a sale of the matrimonial home in advance of any divorce decree, the court should ask itself whether the issue raised by the application could reasonably be left to be resolved within an application for ancillary relief following divorce.”

The Times, 8th January 2010

Source: www.timesonline.co.uk

Regina v Reed and Reed; Regina v Garmson – Times Law Reports

Posted January 8th, 2010 in law reports by sally

Regina v Reed and Reed; Regina v Garmson

Court of Appeal (Criminal Division)

“Evidence from a forensic science officer with scenes of crime experience was admissible to give possible explanations for the presence of DNA where it had been found and to evaluate those possibilities.”

The Times, 8th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v C & Ors [2009] EWCA Crim 2614 (11 December 2009)

Loftus & Anor, R. v [2009] EWCA Crim 2688 (09 December 2009)

Despaigne-Pellon, R. v [2009] EWCA Crim 2580 (20 November 2009)

High Court (Chancery Division)

Murray Vernon Holdings Ltd v Hassall & Ors [2010] EWHC 7 (Ch) (07 January 2010)

Shaw & Anor v MFP Foundations & Piling Ltd [2010] EWHC 9 (Ch) (06 January 2010)

High Court (Queen’s Bench Division)

British Telecommunications Plc v Royal Mail Group Ltd [2010] EWHC 8 (QB) (07 January 2010)

Source: www.bailii.org

Regina v Maina; Regina v Saddique; Regina v Kika – Times Law Reports

Posted January 7th, 2010 in law reports by sally

Regina v Maina; Regina v Saddique; Regina v Kika

Court of Appeal (Criminal Division)

“The use of a knife to commit murder was a factor that aggravated the seriousness of that offence for the purpose of sentencing.”

The Times, 6th January 2010

Source: www.timesonline.co.uk

Iqbal v Prison Officers Association – Times Law Reports

Posted January 7th, 2010 in law reports by sally

Iqbal v Prison Officers Association

Court of Appeal

“A prisoner whose daily routine of leaving his cell for the purpose of working, exercise and health care was disrupted by unlawful strike action by prison officers, resulting in the prisoner being confined to his cell, did not have a claim for false imprisonment against the officers.”

The Times, 6th January 2010

Source: www.timesonline.co.uk

Duncombe and Others v Secretary of State for Children, Schools and Families – Times Law Reports

Posted January 7th, 2010 in law reports by sally

Duncombe and Others v Secretary of State for Children, Schools and Families

Court of Appeal

“Staff regulations restricting to nine years the period of employing teachers seconded by the Department of Children, Schools and Families to work in the European Schools, which provided education to the children of bureaucrats of the European Union, were unlawful.”

The Times, 7th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 6th, 2010 in law reports by sally

High Court (Chancery Division)

Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC B42 (Ch) (16 December 2009)

High Court (Administrative Division)

Oakes v Secretary of State for Justice & Ors [2009] EWHC B27 (Admin) (17 December 2009)

Wye Valley Action Association Ltd, R (on the application of) v Herefordshire Council & Anor [2009] EWHC 3428

McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) (04 January 2010)

Source: www.bailii.org

Pedro v Secretary of State for Work and Pensions – Times Law Reports

Posted January 5th, 2010 in law reports by sally

Pedro v Secretary of State for Work and Pensions

Court of Appeal

“In order to maintain the freedom of movement or EC workers, the Department of Work and Pensions was obliged to treat a dependent family member of an EU national, who retained his UK worker status, as living in Great Britain for the dependant’s eligibility for a United Kingdom pension credit.”

The Times, 5th January 2010

Source: www.timesonline.co.uk

Regina (Birmingham City Council) v Birmingham Crown Court, RR, interested party; Regina (South Gloucestershire District Council) v Bristol Crown Court, AW and NW, interested parties – Times Law Reports

Posted January 5th, 2010 in law reports by sally

Regina (Birmingham City Council) v Birmingham Crown Court, RR, interested party; Regina (South Gloucestershire District Council) v Bristol Crown Court, AW and NW, interested parties

Queen’s Bench Divisional Court

“When considering the grant of an application without notice to extend the time for appealing against an anti-social behaviour order under section 4(1) of the Crime and Disorder Act 1998 and rule 7(5) of the Crown Court Rules (SI 1982 No 1109) the judge could take into account the age of the applicant.”

The Times, 5th January 2010

Source: www.timesonline.co.uk

Regina (Morris) v Newport City Council – Times Law Reports

Posted January 5th, 2010 in law reports by sally

Regina (Morris) v Newport City Council

Queen’s Bench Division

“The introduction by the local authority of an age limit on taxi cabs in Newport, so as to prohibit cabs more than 12 years old, was flawed. The authority had failed to take account of representations made by the Hackney Drivers’ Association.”

The Times, 5th January 2010

Source: www.timesonline.co.uk

Hammonds LLP (a Firm) v Jones – Times Law Reports

Posted January 4th, 2010 in law reports by sally

Hammonds LLP (a Firm) v Jones

Court of Appeal

“‘All partners’ in the context of a clause in a partnership deed dealing with accounts, meant partners at any time during the accounting year to which the particular accounts related, whether or not, by the relevant time, they were still partners in the firm.”

The Times, 4th January 2010

Source: www.timesonline.co.uk

Lucasfilm Ltd and Others v Ainsworth and Others – Times Law Reports

Posted January 4th, 2010 in law reports by sally

Lucasfilm Ltd and Others v Ainsworth and Others

Court of Appeal

“Plastic toy models of storm trooper helmets featured in the Star Wars films were not sculptures for the purposes of the Copyright Design and Patents Act 1986 and their maker was entitled to a defence under section 51 of that Act on the basis that it was not a copyright infringement to copy an article made to a design.”

The Times, 4th January 2010

Source: www.timesonline.co.uk