Category: law reports

Independent News and Media Ltd and Others v A

Family Division

“Court of Protection proceedings were within the recognised exceptions to the open justice principle. Since article 10 of the European Convention on Human Rights, guaranteeing freedom of expression, was not thus immediately engaged, it was for an applicant to demonstrate good reason for publicity before the court was obliged to conduct the conventional balancing exercise between rights under article 10 and article 8, protecting the right to privacy.”

The Times, 17th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Civil Division)

St Albans Girls School & Anor v Neary [2009] EWCA Civ 1190 (12 November 2009)

Southern Pacific Personal Loans Ltd v Walker & Anor [2009] EWCA Civ 1176 (12 November 2009)

Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)

Twizell & Anor v Entrust & Ors [2009] EWCA Civ 1192 (12 November 2009)

Axa Insurance Ltd v Akther & Darby Solicitors & Ors [2009] EWCA Civ 1166 (12 November 2009)

Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 (13 November 2009)

Farraj & Anorj v King’s Healthcare NHS Trust (KCH) & Anor [2009] EWCA Civ 1203 (13 November 2009)

High Court (Chancery Division)

Kohli v Lit & Ors [2009] EWHC 2893 (Ch) (13 November 2009)

High Court (Commercial Court)

Cobelfret Bulk Carriers NV v Swissmarine Services SA [2009] EWHC 2883 (Comm) (13 November 2009)

Claramoda Ltd v Zoomphase Ltd (t/a Jenny Packham) [2009] EWHC 2857 (Comm) (13 November 2009)

Republic of Serbia v Imagesat International NV [2009] EWHC 2853 (Comm) (16 November 2009)

High Court (Queen’s Bench Division)

Imerman v Tchenguiz & Ors [2009] EWHC 2902 (QB) (16 November 2009)

Source: www.bailii.org

Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190; [2009] WLR (D) 328

“The line of Employment Appeal Tribunal authority requiring an employment judge, who was considering an application for relief from sanctions, to consider all the factors identified in CPR r 3.9 was overruled. The factors therein might provide a helpful checklist but the judge was not under a duty expressly to set out his views on every one of the listed factors.”

WLR Daily, 13th 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 Patel; Regina v Hussain [2009] EWCA Crim 2311; [2009] WLR (D) 327

“The Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 were not to be construed as prohibiting transactions which were not intended to have the effect, nor had the effect, of releasing a medical product into a distribution scheme which would lead to its sale to end users within the European Community.”

WLR Daily, 13th 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.

Perpetual Trustee Co Ltd and Another v BNY Corporate Trustee Services Ltd and Another; Butters and Others v BBC Worldwide Ltd and Others

Court of Appeal

“Complex contractual provisions granting investors rights over assets derived from their own moneys, rights which were modified when a default event triggering insolvency occurred, were not caught by the antideprivation rule, which prevented parties from contracting out of the insolvency legislation by removing assets which would otherwise be available for creditors.”

The Times, 16th November 2009

Source: www.timesonline.co.uk

High Court (Civil Division)

Axa Insurance Ltd v Akther & Darby Solicitors & Ors [2009] EWCA Civ 1166 (12 November 2009)

Twizell & Anor v Entrust & Ors [2009] EWCA Civ 1192 (12 November 2009)

High Court (Family Division)

Independent News and Media Ltd & Ors v A [2009] EWHC 2858 (Fam) (12 November 2009)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2009] EWHC 2840 (Comm) (12 November 2009)

Source: www.bailii.org

Choudhary and others v Bhatter and others [2009] EWCA Civ 510; [2009] WLR (D) 326

“The opening words of art 22 of the Judgments Regulation, as to the courts which were to have ‘exclusive jurisdiction’, constituted a direction intended to apply as between the courts of those member states which were bound by the Regulation; and the words were not intended to apply as between the courts of member states and the courts of non-member states.”

WLR Daily, 12th 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 Trustee Services Ltd v Hope and others [2009] EWHC 2810 (Ch); [2009] WLR (D) 325

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

WLR Daily, 11th 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 (Manchester City Council) v St Helens Metropolitan Borough Council

Court of Appeal

“Once the Secretary of State for Health had determined that a person was ordinarily resident in a particular area, that local authority had the responsibility to fund a care package, albeit that another local authority had set up the package.”

The Times, 13th November 2009

Source: www.timesonline.co.uk

Sienkiewicz v Greif (UK) Ltd

Court of Appeal

“A claimant who brought an action in tort for exposure to asbestos dust which resulted in mesothelioma was required to establish a material increase in the risk of contracting the disease because of the tortious exposure.”

The Times, 13th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division)

Patel & Anor, R. v [2009] EWCA Crim 2311 (12 November 2009)

TH, R v [2009] EWCA Crim 2278 (12 October 2009)

Court of Appeal (Civil Division)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 1176 (11 November 2009)

Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)

High Court (Queen’s Bench Division)

Fitzalan-Howard (Norfolk) & Anor v Hibbert [2009] EWHC 2855 (QB) (12 November 2009)

Lonzim Plc & Ors v Sprague [2009] EWHC 2838 (QB) (11 November 2009)

High Court (Administrative Court)

The Friends of Hethel Ltd, R (on the application of) v Ecotricity [2009] EWHC 2856 (Admin) (12 November 2009)

Webster, R (on the application of) v Swindon Local Safeguarding Children Board & Anor [2009] EWHC 2755 (Admin) (22 October 2009)

Source: www.bailii.org

In re Lehman Brothers International (Europe) (in Administration) (No 2)

Court of Appeal

“A scheme of arrangement under Part 26 of the Companies Act 2006 required the arrangement to be made between the company and its creditors. Former clients of the company with proprietary interests held by the company in trust were not creditors, with the result that the court had no jurisdiction to sanction a scheme of arrangement which included those proprietary interests.”

The Times, 12th November 2009

Source: www.timesonline.co.uk

BTA Bank JSC v Ablyazov and Others

Court of Appeal

“Section 13 of the Fraud Act 2006 removed the privilege against self-incrimination in respect of an offence under section 328 of the Proceeds of Crime Act 2002 which covered entering or becoming concerned in an arrangement which facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person.”

The Times, 12th November 2009

Source: www.timesonline.co.uk

Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another

Court of Appeal

“The police could retain property they seized after the Crown Prosecution Service decided not to prosecute but a private prosecution was being contemplated or taking place.”

The Times, 11th November 2009

Source: www.timesonline.co.uk

Grainger plc v Nicholson

Employment Appeal Tribunal

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and the claimant had a moral duty to lead a life in a manner that mitigated that catastrophe for the benefit of future generations and to persuade others to do the same, if genuinely held, was capable of attracting legal protection under equal treatment legislation.”

Times Law Reports, 11th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division)

Evans, R v [2009] EWCA Crim 2243 (04 November 2009)

Court of Appeal (Civil Division)

MM (Iran) v Secretary of State for Home Department [2009] EWCA Civ 1167 (10 November 2009)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 510 (11 November 2009)

Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189 (11 November 2009)

High Court (Chancery Division)

Hudson Bay Apparel Brands LLC v Umbro International Ltd [2009] EWHC B28 (Ch) (04 November 2009)

Merrygold (Liquidator) v Bates & Anor [2009] EWHC 2837 (Ch) (11 November 2009)

High Court (Family Division)

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

High Court (Administrative Court)

G v London Borough of Haringey [2009] EWHC 2699 (Admin) (30 October 2009)

Gradica v Public Prosecutor’s Office Attached To the Court of Turin [2009] EWHC 2846 (Admin) (11 November 2009)

Niblett v Secretary of State for Justice & Anor [2009] EWHC 2851 (Admin) (11 November 2009)

Melton v Uttlesford District Council [2009] EWHC 2845 (Admin) (11 November 2009)

High Court (Commercial Court)

Equitas Ltd v R&Q Reinsurance Company (UK) Ltd [2009] EWHC 2787 (Comm) (11 November 2009)

Source: www.bailii.org