Regina (Ghai) v Newcastle upon Tyne City Council
Queen’s bench Division
“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”
The Times, 18th May 2009
Source: www.timesonline.co.uk
FH (Bangladesh) v Secretary of State for the Home Department
Court of Appeal
“A delay of two years and nine months in dealing with an application for indefinite leave to remain constituted culpable and undue delay on the part of the Secretary of State for the Home Department and was productive of conspicuous unfairness in the case of man who had evaded deportation in 1986 and lived under an assumed name for 23 years.”
The Times, 18th May 2009
Source: www.timesonline.co.uk
“Lord Judge CJ, sitting in the Supreme Court, handed down an amendment to Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870, relating to victim personal statements, pleas of guilty in the Crown Court and forms.”
WLR Daily, 15th May 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)
OT (A Child), Re [2009] EWCA Civ 409 (14 May 2009)
Secretary of State for Defence v Smith, R (on the application of) [2009] EWCA Civ 441 (18 May 2009)
Court of Appeal (Criminal Divison)
Girma & Ors, R. v (Rev 1) [2009] EWCA Crim 912 (15 May 2009)
High Court (Administrative Court)
Taylor v HMP Wandsworth & Ors [2009] EWHC 1020 (Admin) (15 May 2009)
Spanovic v Government of Croatia & Anor [2009] EWHC 723 (Admin) (15 May 2009)
Shylolibavan v SSHD [2009] EWHC 1067 (Admin) (15 May 2009)
High Court (Chancery Division)
Hayim & Ors v Couch [2009] EWHC 1040 (Ch) (15 May 2009)
Insurancewide.Com Services Ltd v HM Revenue & Customs [2009] EWHC 999 (Ch) (15 May 2009)
High Court (Commercial Court)
Petroplus Marketing AG v Shell Trading International Ltd [2009] EWHC 1024 (Comm) (14 May 2009)
High Court (Patents Court)
Leo Pharma (a/s Leo Laboratories Ltd) v Sandoz Ltd [2009] EWHC 996 (Pat) (15 May 2009)
High Court (Technology and Construction Court)
Barr & Ors v Biffa Waste Services Ltd [2009] EWHC 1033 (TCC) (15 May 2009)
Source: www.bailii.org
Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154
“On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant’s grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in all the circumstances, the interests of justice required a review.”
WLR Daily, 15th May 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.
George v Eagle Air Services Ltd and Others
Privy Council
“The doctrine of res ipsa loquitur, the thing speaks for itself, applied in a claim for damages arising out of an allegation of negligence causing an air crash, so that the burden of proof shifted to the defendant owners and operators of the aircraft to produce an explanation which was consistent with the crash having occurred despite the absence of fault on their part.”
The Times, 15th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
Clarke, R v [2009] EWCA Crim 921 (14 May 2009)
Pedley & Ors v R [2009] EWCA Crim 840 (14 May 2009)
Pitchfork, R v [2009] EWCA Crim 963 (14 May 2009)
Hughes v R [2009] EWCA Crim 841 (14 May 2009)
Bamber, R v [2009] EWCA Crim 962 (14 May 2009)
Court of Appeal (Civil Division)
Whitehouse v Lee [2009] EWCA Civ 375 (14 May 2009)
Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387 (14 May 2009)
Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405 (14 May 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Agombar v R. [2009] EWCA Crim 903 (01 May 2009)
Court of Appeal (Civil Division)
OT (A Child), Re [2009] EWCA Civ 409 (14 May 2009)
FH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 385 (13 May 2009)
High Court (Administrative Court)
HM Attorney General v Seckerson & Anor [2009] EWHC 1023 (Admin) (13 May 2009)
High Court (Commercial Court)
Matrix Europe Ltd & Anor v Uniserve Holdings Ltd & Ors [2009] EWHC 919 (Comm) (08 May 2009)
Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH [2009] EWHC 994 (Comm) (13 May 2009)
Source: www.bailii.org
FH (Bangladesh) v Secretary of State for the Home Department
“A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name for 23 years. Had his application made in May 2003 been dealt with promptly the claimant might have been able to take advantage of an extra-statutory concession that leave would normally be granted to a person with more than 14 years’ continuous residence.”
WLR Daily, 13th May 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.
George v Eagle Air Services Ltd
“The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. The burden of proof then shifted to the defendant owners/operators of the aircraft to produce an explanation which was consistent with the air crash having occurred without any fault on their part.”
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 (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)
“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”
WLR Daily, 13th May 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.
Robbie the Pict v Director of Public Prosecutions
Queen’s Bench Division
“A Gatsometer BV Type 36 traffic light camera was an approved device for recording the position of motor vehicles in relation to light signals.”
The Times, 14th May 2009
Source: www.timesonline.co.uk
Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece
Queen’s Bench Divisional Court
“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Commissioners for Revenue and Customs v Annabel’s (Berkeley Square) Ltd and Others
Court of Appeal
“Restaurant employers were not entitled to use discretionary tips, gratuities and service charges paid by customers to waiters and bar staff by card or cheque made out to the employer and subsequently transmitted to the workers by a tronc system to top up the pay of their employees to the national minimum wage.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
O’Dowd v R [2009] EWCA Crim 905 (12 May 2009)
Court of Appeal (Civil Division)
HR (Portugal) v Secretary of State for the Home Office [2009] EWCA Civ 371 (05 May 2009)
High Court (Chancery Division)
Mastercigars Direct Ltd. v Withers Llp [2009] EWHC 993 (Ch) (22 April 2009)
High Court (Queen’s Bench Division)
Brewer v Secretary of State for Justice [2009] EWHC 987 (QB) (08 May 2009)
Brewer v The Supreme Court Costs Office [2009] EWHC 986 (QB) (08 May 2009)
Long v Norwich Union Insurance Ltd [2009] EWHC 715 (QB) (06 April 2009)
High Court (Administrative Division)
High Court (Technology and Construction Court)
Charter UK Ltd v Nationwide Building Society [2009] EWHC 1002 (TCC) (01 May 2009)
Source: www.bailii.org
High Court (Chancery Division)
Port of London Authority v Ashmore [2009] EWHC 954 (Ch) (08 May 2009)
High Court (Commercial Court)
Midgulf International Ltd v Groupe Chimiche Tunisien [2009] EWHC 963 (Comm) (11 May 2009)
High Court (Technology and Construction Court)
Amaryllis Ltd v HM Treasury [2009] EWHC 962 (TCC) (08 May 2009)
Source: www.bailii.org
Regina (M) v East Sussex County Council
Queen’s Bench Division
“The failure by a local authority to amend a child’s statement of special educational needs during the year of his transfer between phases of schooling, and to name and specify the type of school was a breach of its statutory obligation.”
The Times, 12th May 2009
Source: www.timesonline.co.uk
Regina v Curtis (Attorney General’s Reference No 17 of 2009)
Court of Appeal
“It was always dangerous to use a mobile phone while driving and there was never any excuse for doing so.”
The Times, 12th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil division)
P (A Child), Re [2009] EWCA Civ 376 (08 May 2009)
High Court (Administrative Court)
Ghai v Newcastle City Council [2009] EWHC 978 (Admin) (08 May 2009)
A v London Borough of Croydon [2009] EWHC 939 (Admin) (08 May 2009)
High Court (Chancery Division)
FJ Chalke Ltd & Anor v Revenue & Customs [2009] EWHC 952 (Ch) (08 May 2009)
Court Court (Family Division)
Leake v Goldsmith [2009] EWHC 988 (Fam) (08 May 2009)
High Court (Queen’s Bench Division)
Scopelight Ltd & Ors v Chief of Police for Northumbria & Ors [2009] EWHC 958 (QB) (07 May 2009)
Monks v Warwick District Council [2009] EWHC 959 (QB) (07 May 2009)
Source: www.bailii.org
Regina (JS) (Sri Lanka) v Secretary of State for the Home Department
Court of Appeal
“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
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