law reports – Page 259 – Current Awareness

Regina v Greene (Jeremy Herbert) – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

“Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had to warn the jury to approach that witness’s evidence with caution, and the nature of that direction depended on the particular circumstances of the case.”

The Times, 28th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Clear Channel UK Ltd, R (on the application of) v London Borough of Hammersmith & Fulham [2009] EWCA Civ 2142 (27 October 2009)

Trustees Ltd v Papakyriacou & Anor [2009] EWCA Civ 1089 (27 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 26th, 2009 in law reports by sally

High Court (Chancery Division)

Lexi Holdings (In Administration) v Pannone and Partners [2009] EWHC 2590 (Ch) (26 October 2009)

4Eng Ltd v Harper & Ors [2009] EWHC 2633 (Ch) (26 October 2009)

High Court (Administrative Court)

Balog, R (on the application of) v Judicial Authority of the Slovak Republic [2009] EWHC 2567 (Admin) (12 October 2009)

Morrison v The Independent Police Complaints Commission & Ors [2009] EWHC 2589 (Admin) (26 October 2009)

M, R (on the application of) v Haringey London Borough Council [2009] EWHC 2427 (Admin) (16 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Moore, R. v [2009] EWCA Crim 2080 (07 October 2009)

Constantine, R. v [2009] EWCA Crim 2092 (08 October 2009)

Source: www.bailii.org

Hunt v AB – WLR Daily

Posted October 26th, 2009 in law reports, malicious prosecution by sally

Hunt v AB [2009] EWCA Civ 1092; [2009] WLR (D) 305

“In order to found a cause of action in tort for malicious prosecution against a complainant, it had to be shown that the complainant had deliberately manipulated the police and the CPS into taking a course which they would not otherwise have taken.”

WLR Daily, 23rd October 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 (Boggis) and another v Natural England – WLR Daily

Posted October 26th, 2009 in EC law, law reports, planning, sites of special scientific interest, statutory interpretation by sally

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”

WLR Daily, 23rd October 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 Ghulam – Times Law Reports

Posted October 26th, 2009 in law reports by sally

Regina v Ghulam

Court of Appeal (Criminal Division)

“Evidence from two or more doctors was required only before plea for a determination that a defendant was unfit to plead.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

In re Ludlam (Bankrupts) – Times Law Reports

Posted October 26th, 2009 in law reports by sally

In re Ludlam (Bankrupts)

Chancery Division

“For an extended civil restraint order to be issued, making someone a vexatious litigant, three unmeritorious claims or applications were the bare minimum to satisfy the requirement of persistence.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

Wilson v Health and Safety Executive, Equality and Human Rights Commission intervening – Times Law Reports

Posted October 26th, 2009 in law reports by sally

Wilson v Health and Safety Executive, Equality and Human Rights Commission intervening

Court of Appeal

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

The Times, 26th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)

Yarl’s Wood Immigration Ltd & Ors v Bedfordshire Police Authority [2009] EWCA Civ 1110 (23 October 2009)

Generics UK Ltd v Synaptech Inc [2009] EWCA Civ 1119 (16 October 2009)

Wilkinson v Secretary of State for Work and Pensions [2009] EWCA Civ 1111 (23 October 2009)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2009] EWCA Civ 1062 (22 October 2009)

Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)

High Court (Chancery Division)

Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films [2009] EWHC 2338 (Comm) (15 September 2009)

High Court (Technology and Construction Court)

Estor Ltd v Multifit (UK) Ltd [2009] EWHC 2565 (TCC) (23 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 23rd, 2009 in law reports by sally

High Court (Administrative Court)

S, R (on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin) (22 October 2009)

High Court (Chancery Division)

Power & Anor v HM Revenue and Customs & Anor [2009] EWHC 2580 (Ch) (23 October 2009)

High Court (Queen’s Bench Division)

Olafsson v Foreign & Commonwealth Office [2009] EWHC 2608 (QB) (22 October 2009)

High Court (Technology and Construction Court)

Ericsson Ab v Eads Defence and Security Systems Ltd. [2009] EWHC 2598 (TCC) (22 October 2009)

Source: www.bailii.org

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Flood v Times Newspapers Ltd – Times Law Reports

Posted October 23rd, 2009 in law reports by sally

Flood v Times Newspapers Ltd

Queen’s Bench Division

“An article which attracted qualified privilege when printed in a newspaper could lose that privilege if its electronic form was kept on the paper’s website after circumstances had changed but the article was not modified to reflect that change in facts. Thus while an article in The Times published on June 2, 2006 was privileged, publication on its website after September 5, 2007 was not.”

The Times, 23rd October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2009] EWCA Civ 1108 (22 October 2009)

Davies v Dennis & Ors [2009] EWCA Civ 1081 (22 October 2009)

Source: www.bailii.org

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) – WLR Daily

Posted October 22nd, 2009 in criminal records, data protection, law reports, police by sally

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302

“In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. It was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service. Consequently there could be no question of the retention of records of old minor convictions being held to be either excessive or being held for longer than necessary.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Birmingham City Council v Qasim and others – WRL Daily

Posted October 22nd, 2009 in housing, law reports, repossession by sally

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 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.

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 22nd, 2009 in employment, equal pay, law reports, sex discrimination by sally

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2009] WLR (D) 300

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening – Times Law Reports

Posted October 22nd, 2009 in law reports by sally

Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening

Court of Appeal

“There could be no question of the retention of records of old minor convictions being held in the national police computer to be either excessive or being held for longer than necessary. It was for the data controller to determine the purposes for which data were processed and it was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service.”

The Times, 22nd October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 21st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Forcelux Ltd v Binnie [2009] EWCA Civ 1077 (21 October 2009)

Forcelux Ltd v Binnie [2009] EWCA Civ 854 (21 October 2009)

Muscat v Health Professions Council [2009] EWCA Civ 1090 (21 October 2009)

High Court (Chancery Division)

Perrins v Holland & Ors [2009] EWHC 2558 (Ch) (21 October 2009)

Lomas & Ors v RAB Market Cycles (Master) Fund Ltd & Ors [2009] EWHC 2545 (Ch) (21 October 2009)

High Court (Administrative Court)

Secretary of State for the Home Department v AS [2009] EWHC 2564 (Admin) (21 October 2009)

Hussein v Secretary of State for the Home Department [2009] EWHC 2492 (Admin) (21 October 2009)

High Court (Commercial Court)

Secretary of State for Transport v Stagecoach South Western Trains Ltd [2009] EWHC 2431 (Comm) (09 October 2009)

Whitesea Shipping and Trading Corporation & Anor v El Paso Rio Clara Ltd & Ors [2009] EWHC 2552 (Comm) (21 October 2009)

Source: www.bailii.org

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) – WLR Daily

Posted October 21st, 2009 in elections, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2009] EWCA Civ 1078; [2009] WLR (D) 299

“Once an impermissible donation had been made to a registered political party and the party had not returned it a magistrates’ court should on an application by the Electoral Commission normally exercise its discretion under section 58(2) of the Political Parties, Elections and Referendums Act 2000 to order forfeiture of an amount equal to the value of the donation.”

WLR Daily, 19th October 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.