law reports – Page 252 – Current Awareness

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted December 17th, 2009 in copyright, damages, enforcement, law reports by sally

Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367

“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”

WLR Daily, 16th December 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.

BAILII: Recent Decisions

Posted December 16th, 2009 in law reports by sally

Supreme Court

S-B Children, Re [2009] UKSC 17 (14 December 2009)

Court of Appeal (Civil Division)

Easyjet Airline Co Ltd, R (on the application of) v Civil Aviation Authority [2009] EWCA Civ 1361 (15 December 2009)

Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

British Telecommunications Plc v The Office of Communications [2009] EWCA Civ 1360 (15 December 2009)

High Court (Chancery Division)

Red River UK Ltd & Anor v Sheikh & Anor [2009] EWHC 3257 (Ch) (24 November 2009)

Walsh v Singh & Anor [2009] EWHC 3219 (Ch) (15 December 2009)

Vision Express (UK) Ltd v Revenue & Customs [2009] EWHC 3245 (Ch) (15 December 2009)

Lehman Brothers International (Europe) v CRC Credit Fund Ltd & Ors [2009] EWHC 3228 (Ch) (15 December 2009)

High Court (Family Division)

R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

High Court (Administrative Court)

Aamer v Secretary of State for Foreign and Commonwealth Affairs [2009] EWHC 3316 (Admin) (15 December 2009)

Baker, R (on the application of) v Bath and North East Somerset Council [2009] EWHC 3320 (Admin) (15 December 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films Ltd [2009] EWHC 3315 (Comm) (15 December 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Cotton v Secretary of State for Works and Pensions [2009] EWCA Civ 1333 (14 December 2009)

Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358 (14 December 2009)

Duncombe & Ors v Secretary of State for Children, Schools & Families [2009] EWCA Civ 1355 (14 December 2009)

JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 (14 December 2009)

KH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1354 (14 December 2009)

High Court (Chancery Division)

South Somerset District Council v Tonstate (Yeovil Leisure) Ltd [2009] EWHC 3308 (Ch) (14 December 2009)

High Court (Technology and Construction Court)

Fenice Investments Inc v Jerram Falkus Construction Ltd [2009] EWHC 3272 (TCC) (07 December 2009)

Source: www.bailii.org

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) – WLR Daily

Posted December 14th, 2009 in law reports, sewerage, water by sally

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360

“S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the sewer as it currently existed.”

WLR Daily, 11th December 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.

BAILII: Recent Decisions

Posted December 14th, 2009 in law reports by sally

Court of Appeal (Civil Division)

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330 (11 December 2009)

High Court (Queen’s Bench Division)

Cooper v National Westminster Bank Plc [2009] EWHC 3035 (QB) (07 December 2009)

High Court (Chancery Division)

Sutton & Ors v England & Ors [2009] EWHC 3270 (Ch) (11 December 2009)

The Trademark Licensing Company Ltd & Anor v Leofelis SA [2009] EWHC 3285 (Ch) (11 December 2009)

National Westminster Bank v Kotonou [2009] EWHC 3309 (Ch) (11 December 2009)

Wilson & Anor v Grainger [2009] EWHC 3145 (Ch) (04 December 2009)

High Court (Administrative Court)

Jenkins, R (on the application of) v HM Coroner for Portsmouth & South & Ors [2009] EWHC 3229 (Admin) (11 December 2009)

Emmanuel v South Gloucestershire Primary Care Trust & Anor [2009] EWHC 3260 (Admin) (11 December 2009)

Garbet, R (on the application of) v Circle 33 Housing Trust [2009] EWHC 3153 (Admin) (07 December 2009)

High Court (Commercial Court)

Africa Express Line Ltd (“Ael”) v Socofi SA (“Socofi”) & Anor [2009] EWHC 3223 (Comm) (11 December 2009)

SC BTA Bank v Ablyazov & Anor [2009] EWHC 3267 (Comm) (11 December 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Davill v Pull & Anor [2009] EWCA Civ 1309 (10 December 2009)

Sulaman v Axa Insurance Plc & Anor [2009] EWCA Civ 1331 (11 December 2009)

High Court (Administrative Court)

Vtesse Networks Ltd, R (on the application of) v North West Wiltshire Magistrates Court [2009] EWHC 3283 (Admin) (10 December 2009)

Barratt Developments Plc v City of Wakefield Metropolitan District Council & Anor [2009] EWHC 3208 (Admin) (10 December 2009)

High Court (Chancery Division)

Secretary of State for Business Innovation and Skills v Aaron & Ors [2009] EWHC 3263 (Ch) (10 December 2009)

Cemex UK Marine Ltd v MNOPF Trustees Ltd [2009] EWHC 3258 (Ch) (10 December 2009)

High Court (Commercial Court)

Ariela, The Owners of the Ship v Kamal XXVI, The Owners And/or Demise Charterers of the Dredger [2009] EWHC 3256 (Comm) (10 December 2009)

Karafarin Bank v Dara [2009] EWHC 3265 (Comm) (10 December 2009)

Source: www.bailii.org

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted December 11th, 2009 in law reports by sally

Regina (A) v Director of Establishments of the Security Service

Supreme Court

“A challenge to the refusal to allow a former member of the Security Service to publish a book about his work on the ground that it violated the right to freedom of expression guaranteed by article 10 of the European Convention on Human Rights could only be brought before the Investigatory Powers Tribunal established by the Regulation of Investigatory Powers Act 2000. The High Court had no jurisdiction to hear such a matter against the intelligence services.”

The Times, 11th December 2009

Source: www.timesonline.co.uk

Glaister and others v Appleby-in-Westmorland Town Council – WLR Daily

Posted December 10th, 2009 in compensation, duty of care, horses, law reports, local government, personal injuries by sally

Glaister and others v Appleby-in-Westmorland Town Council [2009] EWCA Civ 1325; [2009] WLR (D) 359

“A local council did not owe a duty of care to claimants to arrange public liability insurance to cover the risk of injury occurring at a long-established horse fair taking place on land part of which it owned, nor to ensure safe segregation and supervision of tethered horses.”

WLR Daily, 10th December 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 v Horncastle and anotherl; Regina v Marquis and another – WLR Daily

Posted December 10th, 2009 in hearsay evidence, human rights, law reports, victims by sally

Regina v Horncastle and anotherl; ReginaMarquis and another [2009] UKSC 14; [2009] WLR (D) 358

“Provided the provisions of the Criminal Justice Act 2003 were observed, a defendant’s right to a fair trial, guaranteed art 6(3)(d) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be infringed where his conviction was based solely or to a decisive extent on the written statement of an absent witness.”

WLR Daily, 10th December 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 v IB – WLR Daily

Posted December 10th, 2009 in competition, Crown Court, EC law, jurisdiction, law reports, price fixing by sally

Regina v IB [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 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.

BAILII: Recent Decisions

Posted December 10th, 2009 in law reports by sally

Supreme Court

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13 (09 December 2009)

Horncastle & Ors, R. v [2009] UKSC 14 (09 December 2009)

A, R (on the application of)v B [2009] UKSC 12 (09 December 2009)

Court of Appeal (Civil Division)

Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)

Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)

Dhami & Anor v Lloyds TSB General Insurance Ltd [2009] EWCA Civ 1326 (09 December 2009)

Court of Appeal (Criminal Division)

IB v R [2009] EWCA Crim 2575 (09 December 2009)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2009] EWHC 3207 (Comm) (09 December 2009)

High Court (Queen’s Bench Division)

Lord Chancellor v Purnell & Anor [2009] EWHC 3158 (QB) (07 December 2009)

Hughes v Risbridger & Anor [2009] EWHC 3244 (QB) (09 December 2009)

High Court (Technology and Construction Court)

Anglo Swiss Holdings Ltd & Anor v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)

Source: www.bailii.org

Regina v Horncastle and Another; Regina v Marquis and Another – Times Law Reports

Posted December 10th, 2009 in law reports by sally

Regina v Horncastle and Another; Regina v Marquis and Another

Supreme Court

“A defendant’s right to a fair trial guaranteed by article 6 of the European Convention on Human Rights would not be violated where his conviction was based solely or to a decisive extent on the statement of an absent witness, provided that the provisions of the Criminal Justice Act 2003 were observed.”

The Times, 10th December 2009

Source: www.timesonline.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted December 9th, 2009 in intelligence services, investigatory powers, jurisdiction, law reports, tribunals by sally

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th December 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.

BAILII – Recent Decisions

Posted December 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298 (08 December 2009)

Clarence House Ltd v National Westminster Bank Plc [2009] EWCA Civ 1311 (08 December 2009)

High Court (Administrative Court)

Quila & Anor v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009)

Meredith & Ors v Traffic Commissioner for the Western Traffic Area [2009] EWHC 2975 (Admin) (08 December 2009)

Unison, R (on the application of) v Monitor & Ors [2009] EWHC 3221 (Admin) (09 December 2009)

High Court (Chancery Division)

CPC Group Ltd v Qatari Diar Real Estate Investment Company [2009] EWHC 3204 (Ch) (07 December 2009)

Arjo Wiggins Ltd v Ralph [2009] EWHC 3198 (Ch) (07 December 2009)

Clydesdale Financial Services Ltd & Ors v Smailes & Ors [2009] EWHC 3190 (Ch) (08 December 2009)

High Court (Family Division)

Local Authority v M & M & Ors [2009] EWHC 3172 (Fam) (07 December 2009)

O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

High Court (Technology and Construction Court)

Buildability Ltd v O’Donnell Developments Ltd [2009] EWHC 3196 (TCC) (08 December 2009)

Source: www.bailii.org

O’Byrne v Aventis Pasteur SA – Times Law Reports

Posted December 9th, 2009 in law reports by sally

O’Byrne v Aventis Pasteur SA

Court of Justice of the European Union

“While English law allowed for the substitution of one defendant for another outside the limitation period as long as the action was brought within that period, European Union law did not allow the producer of allegedly defective goods to be substituted outside that period, although the action was brought within time.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Patel and Another v Keles and Another – Times Law Reports

Posted December 8th, 2009 in landlord & tenant, law reports by sally

Patel and Another v Keles and Another

Court of Appeal

“Where a landlord opposed an application for renewal of a business tenancy but it was shown that were he to regain the lease he was highly likely to sell, he did not have the requisite intention to occupy the premises for the purpose of carrying on his business.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted December 8th, 2009 in law reports, planning, sites of special scientific interest by sally

Regina (Boggis and Another) v Natural England

Court of Appeal

“The notification of a site of special scientific interest by English Nature was not a plan or project requiring an assessment of its conservation implications on any special protection area which it might affect.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 7th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AR & FW, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1310 (04 December 2009)

Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312 (04 December 2009)

High Court (Administrative Court)

Newport City Council, R (on the application of) v The Welsh Ministers [2009] EWHC 3149 (Admin) (04 December 2009)

High Court (Commercial Court)

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2009] EWHC 3142 (Comm) (04 December 2009)

High Court (Queen’s Bench Division)

May (A Child) v Lancashire Teaching Hospitals NHS Trust [2009] EWHC 3175 (QB) (04 December 2009)

Source: www.bailii.org

Iqbal v Prison Officers Association – WLR Daily

Posted December 7th, 2009 in damages, false imprisonment, industrial action, law reports, prison officers by sally

Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355

“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”

WLR Daily, 4th December 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.

Shanks v Unilever plc and others – WLR Daily

Posted December 7th, 2009 in assignment, compensation, law reports, patents by sally

Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354

“The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time.”

WLR Daily, 4th December 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.