Court of Appeal (Criminal Division)
Ovieriakhi, R. v [2009] EWCA Crim 452 (26 February 2009)
High Court (Administrative Court)
Corkteck Ltd v HM Revenue & Customs [2009] EWHC 785 (Admin) (08 April 2009)
High Court (Family Division)
CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)
High Court (Commercial Court)
Source: www.bailii.org
“Where a firefighter applied for a disability pension, the question to be resolved by the independent qualified medical practitioner and on appeal by the Board of Medical Referees under the Firefighters’ Pension Scheme was whether the firefighter was subject to incapacity for the performance of his operational firefighting duty and any other duties within the definition of ‘regular firefighter’ and within his contract which it was proposed that he perform, but not any additional duties. Where no redeployment away from operation firefighting was available, the question stopped with incapacity for the performance of operational firefighting. It was not within the board’s jurisdiction to give a binding decision which trespassed on issues which were not part of the firefighter’s appeal.”
WLR Daily, 8th April 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 (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134
“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”
WLR Daily, 8th April 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.
Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133
“Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee’s salary. That was the effective date of termination of the employee’s contract for the purposes of an action for unfair dismissal.”
WLR Daily, 8th April 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.
Hussain (Zakir) v Secretary of State for the Home Department
Court of Appeal
“Evasion of immigration controls for a long time was not in itself a reason for deciding that an applicant, unlawfully in the United Kingdom, should not be allowed to stay.”
The Times, 9th April 2009
Source: www.timesonline.co.uk
TK (Burundi) v Secretary of State for the Home Department
Court of Appeal
“An immigration judge was entitled to reject an applicant’s assertion unsupported by readily available independent evidence.”
The Times, 9th April 2009
Source: www.timesonline.co.uk
Regina (Sovio Wines Ltd) v Food Standards Agency and Another
Queen’s Bench
“A grape product could be made subject to a movement control notice preventing its distribution if it had been labelled as wine but had been produced using an alcohol reduction technology that was not approved by the European Union.”
The Times, 9th April 2009
Source: www.timesonline.co.uk
HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Same
“A homosexual asylum-seeker could not seek the protection of the court if it were a condition of protection that he hid his membership of a particular social group or modified some attribute or characteristic of the group to avoid persecution.”
The Times, 8th April 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
“A defendant could be sentenced to life imprisonment for manslaughter on the ground of diminished responsibility and, when fixing the minimum term, guidance in murder cases was relevant.”
The Times, 8th April 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
Fox v R. [2009] EWCA Crim 653 (02 April 2009)
Pola v The Crown (Health and Safety Executive) [2009] EWCA Crim 655 (07 April 2009)
Court of Appeal (Civil Division)
Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 (07 April 2009)
Bunce, R (on the application of) v Pensions Appeal Tribunal [2009] EWCA Civ 451 (07 April 2009)
High Court (Queen’s Bench Division)
Darg v Commissioner of Police for the Metropolis [2009] EWHC 684 (QB) (31 March 2009)
High Court (Administrative Court)
W v Chief Constable of Northumbria [2009] EWHC 747 (Admin) (07 April 2009)
BP Gas Marketing Ltd v Centrica Storage Ltd [2009] EWHC 732 (TCC) (07 April 2009)
Source: www.bailii.org
Court of Appeal (Criminal Division)
“For the purposes of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought to have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking reasonable steps to save the other’s life.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
Regina (Mendes and Another) v Southwark London Borough Council
Court of Appeal
“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
Court of Appeal
“A husband could not have an order compromising an ancillary relief application rewritten where his wealth had fallen significantly.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
Serious Organised Crime Agency v Szepietowski and Others
Chancery Division
“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
Regina (A) v Director of Establishments of the Security Service
Court of Appeal
“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126
“An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of the applicable statutory requirements as to payment of such paid annual leave.”
WLR Daily, 6th April 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 beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”
WLR Daily, 6th April 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.
Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128
“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”
WLR Daily, 6th April 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.
Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129
“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”
WLR Daily, 6th April 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.
Orchard v Lee and another [2009] EWCA Civ 295; [2009] WLR (D) 130
“A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game would not have anticipated that some significant personal injury would result from his actions and so was not liable for an injury caused to a playground supervisor.”
WLR Daily, 6th April 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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