law reports – Page 266 – Current Awareness

“A company, which was in the exclusive control of its sole director and shareholder so as to be primarily liable for frauds committed against third parties, could not bring an action for damages against its auditors on the basis that they had failed to detect ‘the very thing’, namely its fraudulent activities, they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the principle of ex turpi causa non oritur actio.”

WLR Daily, 31st July 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 (Friends of the Earth and another) v Secretary of State for Energy and Climate Change – WLR Daily

Posted August 3rd, 2009 in energy, judicial review, law reports, ministers' powers and duties, statutory duty by sally

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810; [2009] WLR (D) 276

“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”

WLR Daily, 31st July 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.

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Posted August 3rd, 2009 in debts, execution, foreign companies, judgments, law reports, service out of jurisdiction by sally

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 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.

Fisher v Brooker and another – WLR Daily

Posted August 3rd, 2009 in artistic works, copyright, delay, estoppel, law reports by sally

Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274

“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”

WLR Daily, 31st July 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.

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) – WLR Daily

Posted August 3rd, 2009 in compulsory purchase, law reports, valuation by sally

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273

“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”

WLR Daily, 31st July 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 (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) – WLR Daily

Posted August 3rd, 2009 in assisted suicide, Crown Prosecution Service, law reports, married persons by sally

R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) [2009] UKHL 45; [2009] WLR (D) 271

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to prosecute a person such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

WLR Daily, 31st July 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.

Windatt (trustee in banruptcy of Wright) v Wright and another – WLR Daily

Posted August 3rd, 2009 in bankruptcy, charging orders, execution, law reports by sally

Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270

“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”

WLR Daily, 31st July 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 v K(A) – WLR Daily

Posted August 3rd, 2009 in law reports, self-incrimination, without prejudice communications by sally

R v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269

“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”

WLR Daily, 31st July 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 (Al-Sweady and Others) v Secretary of State for Defence – Times Law Reports

Posted August 3rd, 2009 in law reports, ministers' powers and duties, public interest immunity by sally

Regina (Al-Sweady and Others) v Secretary of State for Defence

Queen’s Bench Divisional Court

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”

The Times, 3rd August 2009

Source: www.timesonline.co.uk

Metropolitan International Schools Ltd v Designtechnica Corporation and Others – Times Law Reports

Posted August 3rd, 2009 in defamation, internet, law reports, service out of jurisdiction by sally

Metropolitan International Schools Ltd v Designtechnica Corporation and Others

Queen’s Bench Division

“An internet search engine was not a publisher at common law.”

The Times, 3rd August 2009

Source: www.timesonline.co.uk

Yeong v General Medical Council – WLR Daily

Posted July 31st, 2009 in doctors, law reports, professional conduct by sally

Yeong v General Medical Council [2009] EWHC 1923 (Admin); [2009] WLR (D) 268

“When considering a medical practitioner’s fitness to practise where the misconduct consisted of violation of the professional relationship between doctor and patient the efforts made by the practitioner to address his behaviour for the future might carry less weight than in cases where the misconduct consisted of clinical errors or incompetence.”

WLR Daily, 30th July 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 (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same – WLR Daily

Posted July 31st, 2009 in appeals, banking, compensation, law reports, nationalisation, news by sally

R (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same [2009] EWCA Civ 788; [2009] WLR (D) 267

“The statutory scheme established to compensate shareholders subsequent to the nationalisation of Northern Rock plc, on the basis of the assessment of the valuation of the shares by means of the statutory assumptions provided for in s 5(4) of the Banking (Special Provisions) Act 2008, did not violate the shareholders’ right to the protection of their property guaranteed under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Those statutory assumptions struck the balance, required by the Convention, between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.”

WLR Daily, 30th July 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 v Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th July 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 July 31st, 2009 in law reports by sally

Court of Appeal (Civil Division)

NA (Afghanistan) v Secretary of State for the Home Department (Rev 1) 2009] EWCA Civ 846 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

Friends of the Earth & Ors, R (on the application of) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 (30 July 2009)

ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)

Manning & Anor v Kings College Hospital NHS Trust [2009] EWCA Civ 832 (31 July 2009)

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Court of Appeal (Criminal Division)

Whittington v R. [2009] EWCA Crim 1641 (30 July 2009)

Iqbal v R. [2009] EWCA Crim 1627 (30 July 2009)

HIgh Court (Administrative Court)

Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) (29 July 2009)

Saha v The General Medical Council [2009] EWHC 1907 (Admin) (29 July 2009)

Serious Organised Crime Agency v Perry & Ors [2009] EWHC 1960 (Admin) (30 July 2009)

High Court (Chancery Division)

Bilkus v Stockler Brunton (a firm) [2009] EWHC 1957 (Ch) (30 July 2009)

Parkinson v Fawdon [2009] EWHC 1953 (Ch) (30 July 2009)

High Court (C0mmercial Court)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Calyon v Wytwornia Sprzetu Komunikacynego Pzl Swidnik SA [2009] EWHC 1914 (Comm) (30 July 2009)

High Court (Queen’s Bench Division)

Williams v Jervis (Komatsu) [2009] EWHC 1838 (QB) (30 July 2009)

Williams v Jervis (Komatsu) [2009] EWHC 1837 (QB) (30 July 2009)

Source: www.bailii.org

R v Charles – WLR Daily

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

WLR Daily, 30th July 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 v Bannister – WLR Daily

Posted July 31st, 2009 in dangerous driving, law reports, police by sally

R v Bannister [2009] EWCA Crim 1571; [2009] WLR (D) 264

“A driver’s special skill, or lack of skill, was an irrelevant circumstance when considering whether his driving was dangerous.”

WLR Daily, 30th July 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.

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily

Posted July 31st, 2009 in competition, law reports by sally

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”

WLR Daily, 30th July 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.