law reports – Page 269 – Current Awareness

“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”

WLR Daily, 15th 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 Erskine; R v Williams – WLR Daily

Posted July 16th, 2009 in appeals, diminished responsibility, evidence, law reports, murder by sally

R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241

“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”

WLR Daily, 15th 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 Gore; R v Maher – WLR daily

Posted July 16th, 2009 in abuse of process, grievous bodily harm, law reports, penalties by sally

R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240

“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

WLR Daily, 15th 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 v T (Absent witness: Evidence) – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v T (Absent witness: Evidence)

Court of Appeal

“On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required the calling of formal evidence, unless the relevant facts were set out in an agreed statement of facts.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

Regina v Seager; Regina v Blatch – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v Seager; Regina v Blatch

Court of Appeal

“Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but as the value of the property obtained by the defendant himself.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

EA Gutridge & Ors v Sodexo & Anor [2009] EWCA Civ 729 (14 July 2009)

Secretary of State for the Home Department v HH (Iraq) [2009] EWCA Civ 727 (14 July 2009)

Court of Appeal (Criminal Division)

Erskine, R v [2009] EWCA Crim 1425 (14 July 2009)

Coe, R. v [2009] EWCA Crim 1452 (14 July 2009)

Gore, R v [2009] EWCA Crim 1424 (14 July 2009)

High Court (Administrative Court)

Thomas (t/a RT Properties) v National Assembly for Wales & Anor [2009] EWHC 1734 (Admin) (14 July 2009)

High Court (Chancery Division)

Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi Ve Pazarlama AS & Ors [2009] EWHC 1696 (Ch) (14 July 2009)

High Court (Queen’s Bench Division)

Berezovsky v Russian Television and Radio Broadcasting Co & Anor [2009] EWHC 1733 (QB) (14 July 2009)

Source: www.bailii.org

Regina v Knaggs – WLR Daily

Posted July 15th, 2009 in confiscation, evidence, guilty pleas, law reports by sally

Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239

“A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing.”

WLR Daily, 14th 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 (Al-Sweady and others) v Secretary of State for Defence – WLR Daily

Posted July 15th, 2009 in disclosure, human rights, Iraq, law reports, public interest immunity by sally

R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238

“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 the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”

WLR Daily, 14th 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.

Alexis v Newham London Borough Council – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Alexis v Newham London Borough Council

Queen’s Bench Division

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Lewis and Another v Metropolitan Property Realisations Ltd – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Lewis and Another v Metropolitan Property Realisations Ltd

Court of Appeal

“A trustee in bankruptcy had three years from the date of the bankruptcy to get in the full cash consideration for the assignment of the bankrupt’s interest in his former matrimonial home, or else the property would re-vest in the bankrupt.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Copley v Lawn; Maden v Haller – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Copley v Lawn; Maden v Haller

Court of Appeal

“An offer by a negligent driver’s insurers to a claimant of a free replacement car while repairs were being done had to make clear to the claimant the cost to the defendant of hiring the car. A claimant who unreasonably rejected the offer did not forfeit his damages claim altogether.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 14th, 2009 in law reports by sally

Court of Appeal (Civil Division)

DA (Colombia) v Secretary of State for the Home Department [2009] EWCA Civ 682 (13 July 2009)

Bourne Leisure Ltd (t/a British Holidays) v Marsden [2009] EWCA Civ 671 (13 July 2009)

Highland Crusader Offshore Partners LP & Ors v Deutsche Bank AG & Anor [2009] EWCA Civ 725 (13 July 2009)

Court of Appeal (Criminal Division)

Knaggs v R. [2009] EWCA Crim 1363 (13 July 2009)

High Court (Administrative Court)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

High Court (Chancery Division)

S & D Property Investments Ltd v Nisbet [2009] EWHC 1726 (Ch) (13 July 2009)

High Court (Commercial Court)

Geofizika DD v MMB International Ltd [2009] EWHC 1675 (Comm) (10 July 2009)

Midgulf International Ltd v Groupe Chimiche Tunisien [2009] EWHC 1684 (Comm) (13 July 2009)

High Court (Queen’s Bench Division)

Stokes v London Borough of Brent [2009] EWHC 1426 (QB) (10 July 2009)

Green v Sunset & Vine Productions Ltd & Ors [2009] EWHC 1610 (QB) (13 July 2009)

Source: www.bailii.org

Regina v Athwal and Another – Times Law Reports

Posted July 14th, 2009 in law reports by sally

Regina v Athwal and Another

Court of Appeal

“Chapter 2 of Part 11 of the Criminal Justice Act 2003 provided a comprehensive code on the admissibility of hearsay in criminal proceedings.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

Everitt v Budhram (a Bankrupt) and Another – Times Law Reports

Posted July 14th, 2009 in law reports by sally

Everitt v Budhram (a Bankrupt) and Another

Chancery Division

“The needs of a bankrupt could include his financial, medical, emotional and mental needs.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

Ul-Haq and Another v Shah – Times Law Reports

Posted July 14th, 2009 in fraud, law reports, personal injuries, striking out by sally

Ul-Haq and Another v Shah

Court of Appeal

“It was not possible to strike out a genuine claim on the ground that the claimant had been involved in a fraud upon the court in respect of an associated claim.”

The Times, 14th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

E, R (on the application of) v Governing Body of JFS & Anor [2009] EWCA Civ 681 (10 July 2009)

Secretary of State for the Home Department v QY (China) [2009] EWCA Civ 680 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 726 (10 July 2009)

Chadwick v Lloyds TSB Bank [2009] EWCA Civ 670 (10 July 2009)

High Court (Administrative Court)

Forest Heath District Council & Ors v The Electoral Commission & Ors [2009] EWHC 1682 (Admin) (10 July 2009)

Moghaddam v London Borough of Hammersmith & Fulham [2009] EWHC 1670 (Admin) (10 July 2009)

Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1687 (Admin) (10 July 2009)

Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009)

HIgh Court (Chancery Division)

Sharma & Anor v Farlam Ltd & Ors [2009] EWHC 1622 (Ch) (10 July 2009)

Brazzill & Ors v Willoughby & Ors [2009] EWHC 1633 (Ch) (10 July 2009)

PNPF Trust Company Ltd (Pilots’ National Pension Fund, trustee of) v Taylor & Ors [2009] EWHC 1693 (Ch) (10 July 2009)

The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch) (10 July 2009)

High Court (Patents Court)

Novartis AG & Anor v Johnson & Johnson Medical Ltd (t/a Johnson & Johnson Vision Care) & Anor [2009] EWHC 1671 (Pat) (10 July 2009)

High Court (Queen’s Bench Division)

A v Enskat [2009] EWHC 1630 (QB) (10 July 2009)

MGN Ltd v Horton [2009] EWHC 1680 (QB) (10 July 2009)

Source: www.bailii.org

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th 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.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th 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 v Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk