Category: law reports

Neary v Governing Body of St Albans Girls’ School and Another

Court of Appeal

“An over-rigid approach was not required when an employment tribunal was considering an application for relief from sanction, for example, a strike-out founded on breach of an unless order.”

The Times, 23rd November 2009

Source: www.timesonline.co.uk

In re B (a Child) (Residence order)

Supreme Court

“When considering an application for a residence order for a child there was no presumption in favour of a biological parent. The advantage of being brought up by a parent only assumed significance as part of an examination of what was in the child’s best interests.”

The Times, 23rd November 2009

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division)

Omaboe, R v [2009] EWCA Crim 2355 (30 October 2009)

Attorney-General’s Reference No 64 & 65 Of 2009 [2009] EWCA Crim 2322 (27 October 2009)

Boakye & Ors, R v [2009] EWCA Crim 2343 (27 October 2009)

Turner, R. v [2009] EWCA Crim 2219 (15 October 2009)

Court of Appeal (Civil Division)

T (A Child) [2009] EWCA Civ 1208 (20 November 2009)

Royal Bank of Scotland Group Plc v Allen [2009] EWCA Civ 1213 (20 November 2009)

Thompson v Bee & Anor [2009] EWCA Civ 1212 (20 November 2009)

The Ministry of Justice (Sued As the Home Office) v Scott [2009] EWCA Civ 1215 (20 November 2009)

High Court (Queen’s Bench)

Kris Motor Spares Ltd v Fox Williams LLP [2009] EWHC 2813 (QB) (13 November 2009)

Johnston v Chief Constable of Merseyside Police [2009] EWHC 2969 (QB) (20 November 2009)

High Court (Chancery Division)

BLV Realty Organization Ltd & Anor v Batten & Ors [2009] EWHC 2994 (Ch) (20 November 2009)

High Court (Administrative Court)

Brittain v Noskova [2009] EWHC 2884 (Admin) (13 November 2009)

Secretary of State for the Home Department, R (on the application of) v BC & Anor [2009] EWHC 2927 (Admin) (11 November 2009)

Davis v Criminal Cases Review Commission & Anor [2009] EWHC 2926 (Admin) (04 November 2009)

Michaels v Highbury Corner Magistrates Court & Anor [2009] EWHC 2928 (Admin) (03 November 2009)

Hubner v District Court of Prostejov Czech Republic & Anor [2009] EWHC 2929 (Admin) (03 November 2009)

High Court (Patents Court)

Teva UK Ltd v Merck & Co, Inc [2009] EWHC 2952 (Pat) (20 November 2009)

Source: www.bailii.org

Supreme Court

Louca v A German Judicial Authority [2009] UKSC 4 (19 November 2009)

B (A Child), Re [2009] UKSC 5 (19 November 2009)

Court of Appeal (Civil Division)

Willmore v Knowsley Metropolitan Borough Council [2009] EWCA Civ 1211 (19 November 2009)

Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 (19 November 2009)

High Court (Chancery Division)

HSBC Bank Plc v Dyche & Anor [2009] EWHC 2954 (Ch) (18 November 2009)

Williams v Hull [2009] EWHC 2844 (Ch) (19 November 2009)

Perpetual Trustee Company Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 2953 (Ch) (17 November 2009)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 2973 (Admin) (19 November 2009)

High Court (Commercial Court)

Dunlop Haywards (DHL) Ltd & Ors v Barbon Insurance Group Ltd & Ors [2009] EWHC 2900 (Comm) (19 November 2009)

High Court (Technology and Construction Court)

Southern Electric v Mead Realisations [2009] EWHC 2947 (TCC) (04 November 2009)

German Property 50 SARL v Summers-Inman Construction and Property Consultants LLP [2009] EWHC 2968 (TCC) (20 November 2009)

Source: www.bailii.org

In re B (A Child) [2009] UKSC 5; [2009] WLR (D) 336

“When the court was considering a residence order application in respect of a child under s 8 of the Children Act 1989 there was no presumption in favour of a biological parent. The advantage of being brought up by a parent only assumed significance as part of an examination of what was in the child’s best interests.”

WLR Daily, 19th 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.

Southern Pacific Mortgage Ltd v Heath

Court of Appeal

“A consumer credit agreement which provided for the redemption of an existing smaller mortgage loan and left the remainder as credit, comprised one agreement for the purposes of the Consumer Credit Act 1974.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Choudhary and Others v Bhatter and Others

Court of Appeal

“The words ‘regardless of domicile’ within article 22 of the EC Judgments Regulation were to be construed with care.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Civil Division)

Maher & Anor v Groupama Grand EST [2009] EWCA Civ 1191 (12 November 2009)

High Court (Queen’s Bench Division)

Horsley v Cascade Insulation Services Ltd & Ors [2009] EWHC 2945 (QB) (18 November 2009)

Al Rawi & Ors v The Security Service & Ors [2009] EWHC 2959 (QB) (18 November 2009)

High Court (Administrative Court)

Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin) (29 October 2009)

Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] EWHC 2885 (Admin) (13 November 2009)

High Court (Commercial Court)

Continental Transfert Technique Ltd v The Federal Government of Nigeria & Ors [2009] EWHC 2898 (Comm) (16 November 2009)

Source: www.bailii.org

Regina v Patel; Regina v Hussain

Court of Appeal

“Where medicinal products were intended for sale to end users outside the European Community, the Medicines for Human Use (Marketing Authorisations Etc.) Regulations (SI 1994 No 3144) had no application.”

The Times, 19th November 2009

Source: www.timesonline.co.uk

Independent Trustee Services Ltd v Hope and Others

Chancery Division

“As a matter of law, the existence of the Pension Protection Fund was not a factor that trustees of a pension scheme could legitimately take into account in the exercise of a power to buy out scheme benefits.”

The Times, 19th November 2009

Source: www.timesonline.co.uk

Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners [2009] EWHC 2908 (Ch); [2009] WLR (D) 334

“The United Kingdom’s thin capitalisation (‘thin cap’) provisions which remained in force, in a potentially discriminatory form, until 2004 were not proportionate to achieve the purpose of preventing abusive tax avoidance because they did not allow for a separate defence of commercial justification and so constituted a restriction on freedom of establishment contrary to art 43EC.”

WLR Daily, 18th 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.

Court of Appeal (Criminal Division)

Charisma, R. v [2009] EWCA Crim 2345 (13 October 2009)

Court of Appeal (Civil Division)

Leo Pharma (a/s Leo Laboratories Ltd) v Sandoz Ltd [2009] EWCA Civ 1188 (17 November 2009)

High Court (Chancery Division)

Thin Cap Group Litigation, Test Claimants In v Revenue and Customs [2009] EWHC 2908 (Ch) (17 November 2009)

Sheikh & Anor v Dogan & Ors [2009] EWHC 2935 (Ch) (17 November 2009)

High Court (Administrative Court)

James v Crown Prosecution Service [2009] EWHC 2925 (Admin) (04 November 2009)

Egal, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2939 (Admin) (17 November 2009)

BH v Secretary of State for the Home Department [2009] EWHC 2938 (Admin) (17 November 2009)

High Court (Technology and Construction Court)

London Borough of Camden v Makers UK Ltd [2009] EWHC 2944 (TCC) (09 October 2009)

Allied P&L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC) (17 November 2009)

Source: www.bailii.org

Southern Pacific Personal Loans Ltd v Walker and another [2009] EWCA Civ 1176 ; [2009] WLR (D) 333

“A credit broker’s administration fee entered into the ‘charge for credit’ and did not form part of the total ‘amount of credit’ for the purposes of the Consumer Credit Act 1974, even though payment of the fee was deferred and interest was charged on the amount of the fee remaining unpaid . Nothing in the 1974 Act or in the relevant Regulations prohibited the inclusion of the charge for credit in the consumer credit agreement as part of the ‘total amount financed’ or rendered a consumer credit agreement so drafted totally unenforceable.”

WLR Daily, 16th 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.

Independent News and Media Ltd and Others v A [2009] EWHC 2858 (Fam); [2009] WLR (D) 332

“Since Court of Protection proceedings were within the recognised exceptions to the open justice principle article 10 rights were not immediately engaged and it was for an applicant to demonstrate ‘good reason’ before the court was obligated to conduct the conventional balancing exercise between article 10 and article 8 rights.”

WLR Daily, 16th 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.

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates’ Court [2009] EWHC 2885 (Admin); [2009] WLR (D) 331

“The term ‘summary proceedings’  in s 79 (10) of the Environmental Protection Act 1990 did not include the service of a notice of abatement under s 80 of the Act.”

WLR Daily, 16th 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.

Maher and another v Groupama Grand Est [2009] EWCA Civ 1191; [2009] WLR (D) 330

“While the existence of a legal right to claim interest was properly to be classified as a substantive matter to be determined by reference to the lex causae, an award of interest under s 35A of the Senior Courts Act 1981, as inserted, was a remedy governed by the lex fori.”

WLR Daily, 16th 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.

Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166; [2009] WLR (D) 329

 “For the purpose of accrual of a cause of action in the tort of negligence, damage which flowed from an unsecured contingent liability incurred by the claimant insurer, under after the event legal expenses insurance policies, was suffered at the time when the cover creating the contingent liability was issued to the defendant solicitors to protect the litigation costs and expenses of litigants, and not at the time when the litigants’ claims failed causing financial loss to the insurer.”

WLR Daily, 16th 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.

Regina v Orr

Court of Appeal

“A sentence which was increased after the Attorney-General made a reference, did not start to be served when the defendant presenting himself at a police station unless he was detained.”

The Times, 17th November 2009

Source: www.timesonline.co.uk