BAILII: Recent Decisions

Posted September 9th, 2009 in law reports by sally

Court of Appeal (Civil Divison)

Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Anor [2009] EWCA Civ 941 (08 September 2009)

Court of Appeal (Criminal Division)

MacKreth (Deceased), R v [2009] EWCA Crim 1849 (08 September 2009)

Source: www.bailii.org

BAILII – Recent Decisions

Posted September 7th, 2009 in law reports by sally

High Court (Administrative Court)

AB, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2220 (Admin) (04 September 2009)

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 – WLR Daily

Posted September 7th, 2009 in contracting out, homelessness, housing, law reports, local government by sally

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.

BAILII – Recent Decisions

Posted September 4th, 2009 in law reports by sally

High Court (Administrative Court)

S (By the Official Solicitor As Litigation Friend), R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) (03 September 2009)

Source: www.bailii.org

Bar Council Launches 2009 Legal Reporting Awards – The Bar Council

Posted September 3rd, 2009 in law reports, news by sally

“The Bar Council is now inviting applications for the 2009 Legal Reporting Awards.”

Full story

The Bar Council, 2nd September 2009

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted September 1st, 2009 in law reports by sally

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 – WLR Daily

Posted September 1st, 2009 in disclosure, financial regulation, law reports, proportionality by sally

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.

BAILII: Recent Decisions

Posted August 28th, 2009 in law reports by sally

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

BAILII: Recent Decisions

Posted August 28th, 2009 in law reports by sally

High Court (Chancery Division)

First Conferences Services Ltd & Anor v Bracchi & Anor [2009] EWHC 2176 (Ch) (26 August 2009)

Lehman Brothers International (Europe) (No 2), Re [2009] EWHC 2141 (Ch) (21 August 2009)

Source: www.bailii.org

In re Lehman Brothers International (Europe) (in administration)(No 2) – WLR Daily

Posted August 27th, 2009 in company law, law reports, schemes of arrangement, trusts by sally

In re Lehman Brothers International (Europe) (in administration)(No 2) [2009] EWHC 2141 (Ch); [2009] WLR (D) 287

“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 – WLR Daily

Posted August 27th, 2009 in case management, judiciary, law reports, recusal by sally

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) – Times Law Reports

Posted August 26th, 2009 in law reports by sally

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 – Times Law Reports

Posted August 26th, 2009 in law reports by sally

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) – Times Law Reports

Posted August 26th, 2009 in law reports by sally

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

BAILII: Recent Decisions

Posted August 25th, 2009 in law reports by sally

High Court (Chancery Division)

Rubin & Anor v Eurofinance SA & Ors [2009] EWHC 2129 (Ch) (31 July 2009)

High Court (Administrative Court)

Miller, R (on the application of) v North Yorkshire County Council [2009] EWHC 2172 (Admin) (24 August 2009)

Source: www.bailii.org

R v Greene – WLR Daily

Posted August 25th, 2009 in criminal procedure, evidence, law reports, witnesses by sally

R v Greene

“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.

Regina v Charles – Times Law Reports

Posted August 25th, 2009 in law reports by sally

Regina v Charles

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) – Times Law Reports

Posted August 25th, 2009 in law reports by sally

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 – Times Law Reports

Posted August 25th, 2009 in law reports by sally

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

BAILII: Recent Decisions

Posted August 24th, 2009 in law reports by sally

High Court (Chancery Division)

North Eastern Properties Ltd v Coleman & Anor [2009] EWHC B18 (Ch) (20 August 2009)

County Durham Environmental Trust Ltd v Twizell & Anor [2009] EWHC B19 (Ch) (21 August 2009)

Source: www.bailii.org