Category: law reports

King v Serious Fraud Office – Times Law Reports

Posted March 19th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Serious Fraud Office

House of Lords

“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”

The Times, 19th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

Posted March 19th, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Balshaw v Crown Prosecution Service [2009] EWCA Crim 470 (18 March 2009)

Harvey v R. [2009] EWCA Crim 469 (18 March 2009)

Court of Appeal (Civil Division)

Secretary of State for Communities & Local Government & Anor v Bleaklow Industries Ltd & Anor [2009] EWCA Civ 206 (18 March 2009)

Associated British Ports v Ferryways NV & Anor [2009] EWCA Civ 189 (18 March 2009)

Al-Sirri v Secretary of State for the Home Department & Anor [2009] EWCA Civ 222 (18 March 2009)

Momson v Azeez [2009] EWCA Civ 202 (18 March 2009)

T (A Child), Re [2009] EWCA Civ 121 (04 March 2009)

High Court (Chancery Division)

Grender & Ors v Dresden & Ors [2009] EWHC 500 (Ch) (18 March 2009)

Source: www.bailii.org

United States Securities and Exchange Commission v Manterfield – Times Law Reports

Posted March 18th, 2009 in enforcement, foreign jurisdictions, freezing injunctions, law reports by sally

United States Securities and Exchange Commission v Manterfield

Court of Appeal

“A regulatory body in the United States seeking to enforce disgorgement of proceeds of alleged fraud could be granted a freezing order over assets in the United Kingdom.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports

Posted March 18th, 2009 in human rights, law reports, school exclusions, standard of proof by sally

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others

Queen’s Bench Division

“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd – Times Law Reports

Posted March 18th, 2009 in law reports, public interest, undertakings, winding up by sally

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd

Court of Appeal

“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Johnson (RT) v R [2009] EWCA Crim 468 (17 March 2009)

Court of Appeal (Civil Division)

AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2009] EWCA Civ 219 (17 March 2009)

Anglo Continental Educational Group (GB) Ltd v Capital Homes (Southern) Ltd (Rev 1) [2009] EWCA Civ 218 (17 March 2009)

High Court (Administrative Court)

Fraser, R (on the application of) v National Institute for Health & Clinical Excellence & Anor [2009] EWHC 452 (Admin) (13 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Paulin v Paulin [2009] EWCA Civ 221 (17 March 2009)

London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220 (17 March 2009)

High Court (Chancery Division)

Revenue & Customs v The Boots Company Plc [2009] EWHC 487 (Ch) (16 March 2009)

High Court (Administrative Court)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court & Anor [2009] EWHC 489 (Admin) (16 March 2009)

Siddall, R (on the application of) v Secretary of State for Justice [2009] EWHC 482 (Admin) (16 March 2009)

Brett v Director of Public Prosecutions [2009] EWHC 440 (Admin) (16 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AM v Local Authority & Anor [2009] EWCA Civ 205 (16 March 2009)

High Court (Queen’s Bench Division)

Harrison v Harrison [2009] EWHC 428 (QB) (06 February 2009)

Sports Network Ltd v Calzaghe [2009] EWHC 480 (QB) (16 March 2009)

High Court (Administrative Court)

B, R (on the application of) v Cornwall County Council & Anor [2009] EWHC 491 (Admin) (16 March 2009)

Source: www.bailii.org

Sinclair v Glatt and others – WLR Daily

Posted March 17th, 2009 in assets recovery, expenses, law reports, receivers, remuneration by sally

Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97

“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”

WLR Daily, 16th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Zeca – Times Law Reports

Posted March 17th, 2009 in law reports, robbery, sentencing, suspended sentences by sally

Regina v Zeca

Court of Appeal (Criminal Division)

“It would be unjust to activate a completed unpaid work requirement attached to a suspended order of imprisonment where an offender breached the suspended order by committing a further offence.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Edwards (Sharon) – Times Law Reports

Posted March 17th, 2009 in children, law reports, sentencing, sexual offences by sally

Regina v Edwards (Sharon)

Court of Appeal (Criminal Division)

“Legislation criminalising sexual activity with a child did not make any distinction according to whether the victim was a girl or a boy and, in sentencing for such an offence, the court should not do so either.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 16th, 2009 in law reports by sally

High Court (Chancery Division)

Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

High Court (Queen’s Bench)

Huntley v Simmonds [2009] EWHC 406 (QB) (05 March 2009)

Al Jedda v Secretary of State for Defence [2009] EWHC 397 (QB) (05 March 2009)

Huntley v Simmonds [2009] EWHC 405 (QB) (13 February 2009)

High Court (Family Division)

K v K [2008] EWHC 2553 (Fam) (23 October 2008)

High Court (Administrative Court)

EM & Ors, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 454 (Admin) (13 March 2009)

Barbone & Anor (On Behalf of Stop Stansted Expansion) v Secretary of State for Transport & Anor [2009] EWHC 463 (Admin) (13 March 2009)

High Court (Technology and Construction Court)

Bole & Anor v Huntsbuild Ltd & Anor [2009] EWHC 483 (TCC) (13 March 2009)

Source: www.bailii.org

Akhurst v Director of Public Prosecutions – WLR Daily

Posted March 16th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions; [2009] WLR (D) 96

“University grounds and buildings were not an enclosed area within the meaning of s 4 of the Vagrancy Act 1824.”

WLR Daily, 13th March

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.

Peters v East Midlands Strategic Health Authority and Another – Times Law Reports

Posted March 16th, 2009 in damages, disabled persons, law reports, negligence by sally

Peters v East Midlands Strategic Health Authority and Another

Court of Appeal

“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Cole – Times Law Reports

Posted March 16th, 2009 in bias, dangerous driving, jury directions, law reports by sally

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Cobham Hire Services Ltd v Eeles [2009] EWCA Civ 204 (13 March 2009)

Sinclair v Glatt [2009] EWCA Civ 176 (13 March 2009)

Court of Appeal (Criminal Division)

Williams, R. v [2009] EWCA Crim 107 (27 February 2009)

Wayne, R. v [2009] EWCA Crim 434 (09 March 2009)

High Court (Commercial Court)

Thames Water Utilities Ltd & Anor v Heathrow Airport Ltd & Anor [2009] EWHC 407 (Comm) (06 March 2009)

Source: www.bailii.org

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

“Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 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.

 

Bovale Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 13th, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 171; [2009] WLR (D) 94

“A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”

WLR Daily, 12th March 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 Gottfried Heinrich – WLR Daily

Posted March 13th, 2009 in aircraft, EC law, law reports, regulations by sally

Proceedings brought by Gottfried Heinrich (Case C – 345/06) [2009] WLR (D) 93

“The annex to Commission Regulation (EC) 622/2003 laying down measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EC) 68/2004, had no binding force in so far as it sought to impose obligations on individuals because it had not been published in the Official Journal of the European Union.”

WLR Daily, 12th March 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.