BAILII: Recent Decisions
Court of Appeal (Civil Divison)
Court of Appeal (Criminal Division)
MacKreth (Deceased), R v [2009] EWCA Crim 1849 (08 September 2009)
Source: www.bailii.org
Court of Appeal (Civil Divison)
Court of Appeal (Criminal Division)
MacKreth (Deceased), R v [2009] EWCA Crim 1849 (08 September 2009)
Source: www.bailii.org
High Court (Administrative Court)
High Court (Chancery Division)
Mireskandari v The Law Society [2009] EWHC 2224 (Ch) (04 September 2009)
High Court (Commercial Division)
Kommune & Anor v DEPFA ACS Bank [2009] EWHC 2227 (Comm) (04 September 2009)
High Court (Technology and Construction Court)
Hart (t/a D W Hart & Son) v Smith & Anor [2009] EWHC 2223 (TCC) (03 September 2009)
Source: www.bailii.org
De-Winter Heald and others v Brent London Borough Council [2009] EWCA Civ 930; [2009] WLR (D) 289
“Local housing authorities were entitled to contract out some or all of the reviews they were required to carry out under s 202 of the Housing Act 1996.”
WLR Daily, 4th September 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.
“The Bar Council is now inviting applications for the 2009 Legal Reporting Awards.”
The Bar Council, 2nd September 2009
Source: www.barcouncil.org.uk
Court of Appeal (Criminal Division)
Bastow, R. v [2009] EWCA Crim 1834 (23 July 2009)
High Court (Administrative Court)
Carter v Crown Prosecution Service [2009] EWHC 2197 (Admin) (27 July 2009)
High Court (Patents Court)
Novartis AG & Anor v Johnson & Johnson Medical Ltd & Ors [2009] EWHC 2029 (Pat) (29 July 2009)
Source: www.bailii.org
Amro International SA and anr v Financial Services Authority and ors; [2009] WLR (D) 288
“Although the purpose of ss 169–172 of the Financial Services and Markets Act 2000 was to facilitate investigation in support of overseas regulators and such co-operation was desirable in order to maintain the regulation of financial markets and banks, the nature of the claim in respect of which the Financial Services Authority’s assistance was sought was of fundamental importance and it was wrong to exercise the powers to aid an investigation into allegations that were not made in that claim. The correct approach was to apply a test of proportionality and the documents required should be properly specified.”
WLR Daily, 28th August 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.
High Court (Queen’s Bench Division)
McLaughlin & Ors v Newall [2009] EWHC 1925 (QB) (31 July 2009)
High Court (Family Court)
KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)
High Court (Patents Court)
Molnlycke Health Care AB v Wake Forest University & Anor [2009] EWHC 2204 (Pat) (28 August 2009)
Source: www.bailii.org
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”
WLR Daily, 26th August 2009
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v I (C) and others; [2009] WLR (D) 286
“A judge who had conducted the case management of a long or complex case, whether or not as a preparatory hearing, had to conduct the trial in that case unless there were sufficiently compelling cause to depart from that rule.”
WLR Daily, 26th August 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 Downer (Fairness of trial)
Court of Appeal
“Co-defendants’ pleas of guilty to a different offence should not be admitted in evidence when they would have an adverse effect on the fairness of the trial of the accused.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
London and Quadrant Housing Trust v Weaver; Equality and Human Rights Commission intervening
Court of Appeal
“A registered social landlord could be a hybrid public authority and where, on the facts, such a landlord was, the eviction one of its assured tenants was not a private act and was susceptible of judicial review.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
Serious Organised Crime Agency v Szepietowski and Others (No 2)
Chancery Division
“The court had power in appropriate circumstances to set aside an order excluding part of the property subject to an interim receiving order made to enable the subject of the order to pay his legal expenses.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
High Court (Chancery Division)
Rubin & Anor v Eurofinance SA & Ors [2009] EWHC 2129 (Ch) (31 July 2009)
High Court (Administrative Court)
Source: www.bailii.org
“Where a judge ruled that a witness could be treated as a hostile in examination at trial within the meaning of s 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 was still obliged to warn the jury to approach that witness’s evidence with some caution, and the nature of that direction depended on the particular circumstances of the case.”
WLR Daily, 14th August 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)
“Where a person was charged with an offence of doing something which he was prohibited from doing by an antisocial behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”
The Times, 25th August 2009
Source: www.timesonline.co.uk
In re D (Children) (Care proceedings: Preliminary hearing)
Court of Appeal
“Where it was clear that a child had been assaulted by one or other of two people, the court was not required to identify which one was the perpetrator.”
The Times, 25th August 2009
Source: www.timesonline.co.uk
Yeong v General Medical Council
Queen’s Bench Division
“While a doctor’s clinical errors or incompetence might be addressed by remedial action to address his areas of weakness, such remedial action was less relevant where the misconduct consisted of engaging in a sexual relationship with a patient.”
The Times, 25th August 2009
Source: www.timesonline.co.uk