Category: law reports

Veakins v Kier Islington Ltd – WLR Daily

Posted December 7th, 2009 in employment tribunals, harassment, law reports, vicarious liability by sally

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353

“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”

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.

Regina (Adams) v Secretary of State for Justice – Times Law Reports

Posted December 7th, 2009 in law reports by sally

Regina (Adams) v Secretary of State for Justice

Court of Appeal

“A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal.”

The Times, 7th December 2009

Source: www.timesonline.co.uk

OQ (India) and Another v Secretary of State for the Home Department – Times Law Reports

Posted December 7th, 2009 in law reports by sally

OQ (India) and Another v Secretary of State for the Home Department

Court of Appeal

“Where a person sought a right of entry and residence as a dependant of a European Union citizen, it was not a requirement to ask whether the claimed dependency arose from a need for the support of such a citizen.”

The Times, 7th December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 4th, 2009 in law reports by sally

High Court (Technology and Construction Court)

YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009)

Source: www.bailii.org

Aventis Pasteur SA v OB – WLR Daily

Posted December 4th, 2009 in consumer protection, defective goods, EC law, law reports, limitations by sally

Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352

“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”

WLR Daily, 3rd 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.

In re I (A Child) – WLR Daily

Posted December 4th, 2009 in conflict of laws, contact orders, domicile, EC law, law reports by sally

In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351

“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”

WLR Daily, 3rd 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.

R (Adams) v Secretary of State for Justice – WLR Daily

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350

“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”

WLR Daily, 3rd 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.

In re I (a Child) (Jurisdiction) – Times Law Reports

Posted December 4th, 2009 in law reports by sally

In re I (a Child) (Jurisdiction)

Supreme Court

“The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child’s future could apply when the child lived outside the European Union.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

Regina v Clements – Times Law Reports

Posted December 4th, 2009 in law reports by sally

Regina v Clements

Court of Appeal

“In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Earlrose Golf and Leisure Ltd & Anor v Fair Acre Investments Ltd [2009] EWCA Civ 1295 (03 December 2009)

Court of Appeal (Criminal Division)

Ralphs, R v [2009] EWCA Crim 2555 (03 December 2009)

Bevens, R v [2009] EWCA Crim 2554 (03 December 2009)

Hussain v R. [2009] EWCA Crim 2556 (03 December 2009)

Gian & Anor v Crown Prosecution Service [2009] EWCA Crim 2553 (03 December 2009)

High Court (Chancery Division)

Shanks v Unilever Plc & Ors [2009] EWHC 3164 (Ch) (03 December 2009)

High Court (Commercial Court)

AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm) (03 December 2009)

BP Exploration Operating Company Ltd v Dolphin Drilling Ltd [2009] EWHC 3119 (Comm) (03 December 2009)

High Court (Family Division)

De L v H [2009] EWHC 3074 (Fam) (03 December 2009)

Source: www.bailii.org

Secretary of State for the Environment, Food and Rural Affairs v Meier and Others – Times Law Reports

Posted December 3rd, 2009 in law reports by sally

Secretary of State for the Environment, Food and Rural Affairs v Meier and Others

Supreme Court

“Where travellers were in trespassing occupation of part of a wood owned by the Secretary of State for the Environment, Food and Rural Affairs and threatened, if moved, to go to some other wood owned by him, he was entitled to an injunction to restrain such trespass, but not to an order for possession in respect of those other woods.”

The Times, 3rd December 2009

Source: www.timesonline.co.uk

Bee and Another v Thompson – Times Law Reports

Posted December 3rd, 2009 in law reports by sally

Bee and Another v Thompson

Court of Appeal

“A right of way for agricultural purposes reserved only under a testamentary disposition of two properties by the testatrix, who had owned those two properties, did not impliedly reserve a right to increase the use for residential purposes without the agreement of all parties.”

The Times, 3rd December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2009 in law reports by sally

Supreme Court

Secretary of State for Environment, Food, and Rural Affairs v Meier & Ors [2009] UKSC 11 (01 December 2009)

I (A Child), Re[2009] UKSC 10 (01 December 2009)

Barclay & Ors, R (on the application of) v Secretary of State for Justice & Ors [2009] UKSC 9 (01 December 2009)

Source: www.bailii.org

BAILII – Recent Decisions

Posted December 2nd, 2009 in law reports by sally

Court of Appeal (Civil Divison)

Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 (01 December 2009)

Clifford v The Chief Constable of Hertfordshire Constabulary [2009] EWCA Civ 1259 (01 December 2009)

The Electoral Commission v Forest Heath District Council & Anor [2009] EWCA Civ 1296 (02 December 2009)

Smith v Smith [2009] EWCA Civ 1297 (02 December 2009)

Court of Appeal (Criminal Division)

Sangster & Ors, R v [2009] EWCA Crim 2486 (02 December 2009)

High Court (Administrative Court)

Cart & Ors, R (on the application of) v The Upper Tribunal & Ors [2009] EWHC 3052 (Admin) (01 December 2009)

Friend & Ors, R (on the application of) v Greater Manchester Police & Anor [2009] EWHC 3152 (Admin) (02 December 2009)

Beresford & Anor v The Solicitors Regulation Authority & Anor [2009] EWHC 3155 (Admin) (02 December 2009)

High Court (Chancery Division)

BKM Ltd v British Broadcasting Corporation [2009] EWHC 3151 (Ch) (02 December 2009)

High Court (Commercial Court)

Deutsche Bank Ag v Sebastian Holdings Inc [2009] EWHC 3069 (Comm) (01 December 2009)

High Court (Queen’s Bench Division)

Hodgson & Anor v Lipson [2009] EWHC 3111 (QB) (01 December 2009)

G & G v Wikimedia Foundation Inc [2009] EWHC 3148 (QB) (02 December 2009)

Williams v MGM Ltd [2009] EWHC 3150 (QB) (02 December 2009)

Source: www.bailii.org

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 2nd, 2009 in constitutional law, elections, human rights, law reports, Sark by sally

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349

“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”

WLR Daily, 1st 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.

Oxfam v Revenue and Customs Commissioners – WLR Daily

Posted December 2nd, 2009 in jurisdiction, law reports, tribunals, VAT by sally

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st 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.

Secretary of State for the Environment, Food and Rural Affairs v Meier and others – WLR Daily

Posted December 2nd, 2009 in injunctions, law reports, trespass by sally

Secretary of State for the Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11; [2009] WLR (D) 347

“Where travellers were trespassing in part of a wood owned by the claimant and threatened to go to some other wood owned by him if they were moved, an injunction to restrain such further trespass might be granted, but an order for possession in respect of other distinct woods not currently occupied by them could not be justified.”

WLR Daily, 1st 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 (Barclay and Others) v The Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 2nd, 2009 in law reports by sally

Regina (Barclay and Others) v Chancellor and Secretary of State for Justice and Others

Supreme Court

“The presence of two unelected, non-voting members in the legislature of the Channel Island of Sark which had 28 voting members democratically elected by an electorate of under 500 was not incompatible with article 3 of the First Protocol to the European Convention on Human Rights, and, having regard to the constitutional history and political factors relating to Sark, was well within the margin of appreciation afforded by article 3.”

The Times, 2nd December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 1st, 2009 in law reports by sally

High Court (Administrative Court)

Morris, R (on the application of) v Newport City Council [2009] EWHC 3051 (Admin) (27 November 2009)

High Court (Family Division)

GJ v The Foundation Trust & Anor [2009] EWHC 2972 (Fam) (20 November 2009)

N (A Child), Re [2009] EWHC 3055 (Fam) (25 November 2009)

Source: www.bailii.org

Martin v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2009 in benefits, conflict of laws, France, law reports, trusts by sally

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 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.