Court of Appeal (Civil Divsion)
Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009)
Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)
High Court (Commercial Court)
Noble Resources SA & Anor v Gross [2009] EWHC 1435 (Comm) (19 June 2009)
Jivraj v Hashwani [2009] EWHC 1364 (Comm) (26 June 2009)
Seadrill Management Services Ltd & Anor v OAO Gazprom [2009] EWHC 1530 (Comm) (01 July 2009)
Source: www.bailii.org
SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218
“The word ‘person’ in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its employees and others.”
WLR Daily, 30th June 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 introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”
WLR Daily, 30th June 2009
Soource: 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.
Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216
“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”
WLR Daily, 30th June 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.
“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”
WLR Daily, 30th June 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.
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214
“The sale of a company’s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the person arranging the sale honestly believed the transaction to be other than a gratuitous distribution of the company’s assets to shareholder, even though that person was the director of the selling and buying companies.”
WLR Daily, 29th June 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 Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”
WLR Daily, 29th June 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 (Civil Division)
Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)
High Court (Queen’s Bench Division)
Smith v LC Window Fashions Ltd [2009] EWHC 1532 (QB) (30 June 2009)
High Court (Administrative Division)
W v Warrington Magistrates Court [2009] EWHC 1538 (Admin) (30 June 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Akman, R. v [2009] EWCA Crim 1087 (15 May 2009)
Yemoh & Ors v R. [2009] EWCA Crim 930 (22 May 2009)
High Court (Chancery Division)
Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1531 (Ch) (29 June 2009)
High Court (Administrative Court)
Cannan v HMP Full Sutton [2009] EWHC 1517 (Admin) (29 June 2009)
High Court (Family Division)
AAA v ASH [2009] EWHC 636 (Fam) (27 March 2009)
Spencer v Spencer [2009] EWHC 1529 (Fam) (23 June 2009)
Source: www.bailii.org
Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212
“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”
WLR Daily, 29th June 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.
“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”
WLR Daily, 29th June 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 (Civil Division)
Progress Property Company Ltd v Moorgarth Group Ltd [2009] EWCA Civ 629 (26 June 2009)
Beer & Anor v Bexbes LLP [2009] EWCA Civ 628 (26 June 2009)
EN (Serbia) v Secretary of State for the Home Department [2009] EWCA Civ 630 (26 June 2009)
Armsden v Kent Police [2009] EWCA Civ 631 (26 June 2009)
Harms Offshore Aht “Taurus” GmbH & Co Kg v Bloom & Ors [2009] EWCA Civ 632 (26 June 2009)
Canadian Imperial Bank of Commerce v Beck [2009] EWCA Civ 619 (26 June 2009)
High Court (Chancery Division)
Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2009] EWHC 1456 (Ch) (26 June 2009)
Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2009] EWHC 1437 (Ch) (17 June 2009)
High Court (Family Division)
Leicestershire County Council v K C & Ors [2009] EWHC 1383 (Fam) (29 January 2009)
High Court (Admiralty Division)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Branchflower, R v [2009] EWCA Crim 1239 (20 May 2009)
Clarke, R v [2009] EWCA Crim 1228 (21 May 2009)
Seager, R v [2009] EWCA Crim 1303 (26 June 2009)
High Court (Queen’s Bench Division)
Swift Technical Group Holdings Ltd & Ors v Mulcahy [2009] EWHC 1485 (QB) (08 June 2009)
Lockheed Martin Group v Willis Group Ltd [2009] EWHC 1436 (QB) (09 June 2009)
B v Reading Borough Council & Ors [2009] EWHC 998 (QB) (24 June 2009)
Rig Holdings LP v Aeroflex Test Solutions Ltd [2009] EWHC 1440 (QB) (25 June 2009)
Peters & Anor v Andrew [2009] EWHC 1511 (QB) (26 June 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
James, R v [2009] EWCA Crim 1261 (25 June 2009)
High Court (Chancery Division)
Walbrook Trustees (Jersey) Ltd & Ors v Fattal & Ors [2009] EWHC 1446 (Ch) (25 June 2009)
High Court (Admiralty Division)
Source: www.bailii.org
Vodafone2 v Commissioners for Revenue and Customs
Court of Appeal
“In order to interpret United Kingdom legislation concerning the profits of controlled foreign companies in a way which avoided any unlawful restriction of a taxpayer company’s right to freedom of establishment, conferred by article 43 of the European Treaty, the court was entitled to introduce an additional exception to those contained in section 748(1)(a) to (e) and (3) of the Income and Corporation Taxes Act 1988.”
The Times, 26th June 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
“A defendant who allowed another person, B, to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having criminally converted that property.”
The Times, 26th June 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 620 (24 June 2009)
P and P (Children), Re [2009] EWCA Civ 610 (24 June 2009)
Reeves v Blake [2009] EWCA Civ 611 (24 June 2009)
High Court (Queen’s Bench Division)
Johnson v MGN Ltd [2009] EWHC 1481 (QB) (24 June 2009)
Source: www.bailii.org.
Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry)
Court of Appeal
“A defendant’s right to a fair trial was not prejudiced by holding a criminal trial without a jury, where the danger of jury tampering was very significant and was not sufficiently addressed by proposed protective measures.”
The Times, 25th June 2009
Source; www.timesonline.co.uk
Court of Appeal (Criminal Division)
G(G) & Anor, R. v [2009] EWCA Crim 1207 (12 June 2009)
DT, R. v [2009] EWCA Crim 1213 (04 June 2009)
Court of Appeal (Civil Division)
Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 (23 June 2009)
High Court (Chancery Division)
Estafnous v London & Leeds Business Centres Ltd. [2009] EWHC 1308 (Ch) (15 June 2009)
MCP Pension Trustees Ltd v AON Pension Trustees Ltd [2009] EWHC 1351 (Ch) (18 June 2009)
Curtis & Ors v Pulbrook & Anor [2009] EWHC 1370 (Ch) (17 June 2009)
High Court (Administrative Court)
Onwuzulike v United States of America [2009] EWHC 1395 (Admin) (05 June 2009)
Schwartz v Highbury Corner Magistrates’ Court [2009] EWHC 1397 (Admin) (03 June 2009)
Kallmi v Albania [2009] EWHC 1411 (Admin) (02 June 2009)
Tilson v New Zealand [2009] EWHC 1410 (Admin) (02 June 2009)
High Court (Technology and Construction Court)
North Midland Construction Plc v A E & E Lentjes UK Ltd [2009] EWHC 1371 (TCC) (18 June 2009)
Source: www.bailii.org
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