Regina (RK) (Nepal) and Another v Secretary of State for the Home Department
Court of Appeal
“A non-British student with conditional leave to enter and stay in the United Kingdom and who was ordered to leave on breaching those conditions, could not appeal against that decision while still in the country.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
“The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”
WLR Daily, 8th 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.
Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others; [2009] WLR (D) 149
“Money payments made in the form of discretionary service charges by customers to waiters and bar staff by credit or debit card or by cheque, and collected by the proprietor/employer to be transmitted to employees via a ‘tronc’ system (an arrangement for the pooling and distribution to employees), administered by an employee called ‘troncmaster’, did not count towards an employee’s remuneration within the meaning of reg 30(a) of the National Minimum Wage Regulations 1999, to meet the requirement of s 1 of the National Minimum Wage Act 1998.”
WLR Daily, 8th 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.
High Court (Queen’s Bench Division)
Whiston v London Strategic Health Authority [2009] EWHC 956 (QB) (07 May 2009)
High Court (Commercial Court)
Shashoua & Ors v Sharma [2009] EWHC 957 (Comm) (07 May 2009)
Source: www.bailii.org
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148
“The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”
WLR Daily, 8th 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.
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147
“Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company’s cross claim was not merely arguable but was genuine and serious, and not whether the company should have previously asserted, litigated or issued proceedings for the cross-claim unless it had a good excuse for not doing so.”
WLR Daily, 7th 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.
“The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”
WLR Daily, 6th 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.
“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”
WLR Daily, 6th 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.
HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144
“The time during which an European Economic Area national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided for a continuous period of at least ten years prior to a decision to deport him.”
WLR Daily, 6th 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.
Regina (Lee) v Same; Regina (Wells) v Same
House of Lords
“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
B, R v [2009] EWCA Crim 906 (07 May 2009)
Athwal & Ors, R v [2009] EWCA Crim 789 (07 May 2009)
Court of Appeal (Civil Division)
Baynes v Hedger & Anor [2009] EWCA Civ 374 (07 May 2009)
Annabel’s (Berkeley Square) Ltd & Ors v Revenue and Customs [2009] EWCA Civ 361 (07 May 2009)
Cavendish Corporate Finance Llp v GIL Investments Ltd [2009] EWCA Civ 368 (07 May 2009)
High Court (Chancery Division)
Colorcon Ltd v Huckell & Ors [2009] EWHC 979 (Ch) (07 May 2009)
High Court (Administrative Court)
High Court (Commercial Court)
CNH Global NV v PGN Logistics Ltd & Ors [2009] EWHC B8 (Comm) (26 February 2009)
Source: www.bailii.org
Regina (Nasseri) v Secretary of State for the Home Department
House of Lords
“As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision which deemed that Greece was a safe country to which he could be returned from the United Kingdom.”
The Times, 7th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Dennis Rye Ltd v Bolsover District Council [2009] EWCA Civ 372 (06 May 2009)
High Court (Chancery Division)
Ford v Polymer Vision Ltd [2009] EWHC 945 (Ch) (06 May 2009)
High Court (Queen’s Bench Division)
Knowsley Housing Trust v Prescott & Anor [2009] EWHC 924 (QB) (30 April 2009)
High Court (Family Division)
N (A Child), Re [2009] EWHC 484 (Fam) (13 March 2009)
A (A Child), Re [2009] EWHC 865 (Fam) (20 April 2009)
High Court (Commercial Court)
Parabola Investments Ltd & Anor v Browallia CAL Ltd & Ors [2009] EWHC 901 (Comm) (06 May 2009)
Source: www.bailii.org
Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143
“In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, the company was not excluded per se by reason of s 22 of the Compulsory Purchase Act 1965 from making a reference to the Lands Tribunal seeking compensation.”
WLR Daily, 5th 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.
National Commercial Bank Jamaica Ltd v Olint Corporation Ltd
Privy Council
A bank was entitled to close the accounts of a customer company against which allegations of fraud had been made. The Privy Council so held in giving reasons for having allowed, on January 26, 2009, an appeal by National Commercial Bank Jamaica Ltd against the Court of Appeal of Jamaica which in allowing an appeal by Olint Corp Ltd from Mr Justice Jones, it granted the company injunctions until trial restraining the bank from closing its accounts.
The Times, 6th May 2009
Source: www.timesonline.co.uk
Red River UK Ltd and Another v Sheikh and Another
Court of Appeal
“Where an appeal was compromised, the parties were under a duty to inform the court before the hearing so that unnecessary costs were not incurred and court time wasted.”
The Times, 6th May 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Pritchard Joyce & Hinds (A Firm) v Batcup & Anor [2009] EWCA Civ 369 (05 May 2009)
High Court (Chancery Division)
Rahme v Smith & Williamson Trust Corporation Ltd [2009] EWHC 911 (Ch) (30 April 2009)
High Court (Queen’s Bench Division)
Dowson & Ors v Northumbria Police [2009] EWHC 907 (QB) (30 April 2009)
High Court (Family Division)
TF & Anor, Re [2008] EWHC 3467 (Fam) (17 October 2008)
High Court (Administrative Court)
High Court (Commercial Court)
Ts Lines Ltd. v Delphis NV [2009] EWHC 933 (Comm) (25 February 2009)
Ts Lines Ltd. v Delphis NV [2009] EWHC 933 (Comm) (25 February 2009)
High Court (Technology and Construction Court)
Siemens Building Technologies FE Ltd v Supershield Ltd [2009] EWHC 927 (TCC) (01 May 2009)
Source: www.bailii.org
R v Briggs-Price [2009] UKHL 19; [2009] WLR (D) 142
“A confiscation order could be made under the Drug Trafficking Act 1994 in respect of benefit derived from drug trafficking other than that of which the defendant had been convicted which had been established by evidence during the trial.”
WLR Daily, 1st 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.
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