BAILII: Recent Decisions

Posted March 10th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

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

High Court (Chancery Division)

The Charit-Email Technology Partnership Llp v Vermillion International Investments Ltd. [2009] EWHC 388 (Ch) (13 February 2009)

High Court (Queen’s Bench Division)

Pell v Express Newspapers [2009] EWHC 118 (QB) (27 January 2009)

High Court (Administrative Court)

De Oliveira, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 347 (Admin) (09 March 2009)

NA & Anor v Secretary of State for the Home Department [2009] EWHC 420 (Admin) (09 March 2009)

Source: www.bailii.org

JD Wetherspoon plc v Revenue and Customs Commissioners – WLR Daily

Posted March 9th, 2009 in law reports, VAT by sally

JD Wetherspoon plc v Revenue and Customs Commissioners (Case C-302/07); [2009] WLR(D) 84

“Traders who priced individual goods on a VAT-inclusive basis were not entitled to claim the same right to round down VAT for each transaction that was granted to traders who priced goods exclusive of VAT and added VAT at the moment of invoicing.”

WLR Daily, 6th 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.

Liverpool City Council v Doran (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 9th, 2009 in human rights, law reports, local government, travellers by sally

Liverpool City Council v Doran (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 146; [2009] WLR (D) 83

“There was no conflict between the propositions (1) that there was no formula setting out the factors which could be relied upon by a licensee in support of an argument that the decision of a local authority, operating a site under the provision of the Caravan Sites Act 1968, to serve a notice to quit was one which no reasonable council would have taken, and (2) that the question whether the council’s decision was one which no reasonable person would have made was to be decided by applying public law principles as they would have been developed at common law, and not through the lens of the European Convention on Human Rights.”

WLR Daily, 6th 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.

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – WLR Daily

Posted March 9th, 2009 in age discrimination, EC law, law reports, retirement by sally

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/07); [2009] WLR(D) 82

“National rules allowing compulsory dismissal at retirement age and non-recruitment of persons of retirement age were not contrary to Community law provided that they were justified by legitimate social policy objectives and were appropriate and necessary for achieving such objectives.”

WLR Daily, 6th 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.

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – Times Law Reports

Posted March 9th, 2009 in age discrimination, EC law, law reports, retirement by sally

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

Court of Justice of the European Communities

“European member states could lawfully provide in their employment legislation for certain kinds of differences in treatment on the ground of age if those differences were objectively and reasonably justified by a legitimate aim such as employment policy, but the member states had the burden of establishing, to a high standard of proof, the legitimacy of the aim relied on as a justification.”

The Times, 9th 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 6th, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Lediaev v Vallen [2009] EWCA Civ 156 (05 March 2009)

High Court (Administrative Court)

Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

Von Der Pahlen v Leoben High Court, Austria [2009] EWHC 383 (Admin) (04 March 2009)

Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin) (05 March 2009)

Helford Village Development Company Ltd, R (on the application of) v Kerrier District Council [2009] EWHC 400 (Admin) (05 March 2009)

High Court (Patents Court)

AT&T Knowledge Ventures LP, Re [2009] EWHC 343 (Pat) (03 March 2009)

High Court (Queen’s Bench Division)

Stanton v Collinson [2009] EWHC 342 (QB) (02 March 2009)

Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

Flood v Times Newspapers Ltd & Ors [2009] EWHC 411 (QB) (05 March 2009)

Porter v Zurich Insurance Company [2009] EWHC 376 (QB) (05 March 2009)

Source: www.bailii.org

Regina (Ahmad) v Newham London Borough Council – Times Law Reports

Posted March 6th, 2009 in housing, judicial review, law reports by sally

Regina (Ahmad) v Newham London Borough Council

House of Lords

“A scheme for the allocation of council housing which placed all applicants with priority needs, save for a few extreme cases, into one group and allocated any available property to the applicant who had been on the waiting list for the longest period was neither unlawful nor irrational.”

The Times, 6th March 2009

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted March 5th, 2009 in law reports by sally

High Court (Administrative Court)

Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

Von Der Pahlen v Leoben High Court, Austria [2009] EWHC 383 (Admin) (04 March 2009)  

High Court (Patents Court)

AT&T Knowledge Ventures LP, Re [2009] EWHC 343 (Pat) (03 March 2009)

High Court (Queen’s Bench Division)

Stanton v Collinson [2009] EWHC 342 (QB) (02 March 2009)

Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

Source: www.bailii.org

Essex Trading Standards v Singh – WLR Daily

Posted March 5th, 2009 in law reports, trade marks, trading standards by sally

Essex Trading Standards v Singh; [2009] WLR (D) 81

In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the court to conclude on the facts that the defendant had acted in the honest belief that the use of the signs was not an infringement of the registered trade marks; it was also necessary to find that he had reasonable grounds for so believing.”

WLR Daily, 4th 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.

R v G; R v J – WLR Daily

Posted March 5th, 2009 in law reports, mental health, terrorism by sally

R v G; R v J [2009] UKHL 13; [2009] WLR (D) 80

To rely on the defence in s 58(3) of the Terrorism Act 2000 a defendant had to show an objectively ‘reasonable excuse’ for his action or possession and a ruling that neither a desire to ‘wind up’ prison officers nor mental illness could amount to a reasonable excuse had been correct.”

WLR Daily, 4th 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.

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) – WLR Daily

Posted March 5th, 2009 in damages, disabled persons, law reports, personal injuries by sally

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) [2009] EWCA Civ 145; [2009] WLR (D) 79

A severely disabled claimant was entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care for her. For the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage were to be disregarded, not only those for pain, suffering and loss of amenity.”

WLR Daily, 4th 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.

R (Ahmad) v Newham London Borough Council – WLR Daily

Posted March 5th, 2009 in housing, judicial review, law reports by sally

R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78

A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was neither unlawful nor irrational.”

WLR Daily, 4th 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.


Regina v G (Terrorism: Information); Regina v J (terrorism: Information) – Times Law Reports

Posted March 5th, 2009 in law reports, mental health, terrorism by sally

Regina v G (Terrorism: Information); Regina v J (terrorism: Information)

House of Lords

“To secure a conviction, the prosecution was not required to show that a defendant had had a terrorist purpose for collecting or recording information of a kind likely to be useful to a terrorist or possessing a document or record containing information of that kind.”

The Times, 5th March 2009

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted March 4th, 2009 in law reports by sally

High Court (Administrative Court)

Haw, R (on the application of) v Southwark Crown Court & Ors [2009] EWHC 379 (Admin) (03 March 2009)

High Court (Patents Court)

Novartis AG v Dexcel-Pharma Ltd [2009] EWHC 336 (Pat) (03 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted March 4th, 2009 in law reports by sally

R v G (Respondent) (on appeal from the Court of Appeal Criminal Division)

R (on the application of Ahmad) (Respondent) v Mayor and Burgesses of London Borough of Newham (Appellants)

Source: www.parliament.uk

R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department – WLR daily

Posted March 4th, 2009 in appeals, deportation, law reports by sally

R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department [2009] EWCA Civ 119; [2009] WLR (D) 77

A right of appeal against the Home Office’s refusal to revoke a deportation order was exercisable from within the United Kingdom.”

WLR Daily, 3rd 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.


Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3) – Times Law Reports

Posted March 4th, 2009 in damages, delay, interest, law reports by sally

Ruttle Plant Hire Ltd v Secretary of State for Environment Food and Rural Affairs (No 3)

Court of Appeal

“Mistakes in a supplier’s invoice did not enable the paying party to avoid late payment interest penalties.”

The Times, 4th March 2009

Source: www.timesonline.co.uk

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

Barclay v British Airways plc – Times Law Reports

Posted March 4th, 2009 in accidents, aircraft, carriage by air, law reports, personal injuries by sally

Barclay v British Airways plc

Court of Appeal

“A passenger slipping on a plastic strip embedded in the floor of an aircraft was not an accident since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”

The Times, 4th March 2009 

Source: www.timesonline.co.uk

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

Regina v Fortean – Times Law Reports

Posted March 4th, 2009 in appeals, law reports, loss of time directions by sally

Regina v Fortean

Court of Appeal

“Where an application for leave to appeal against conviction or sentence was wholly without merit, the Court of Appeal, Criminal Division, would exercise its power to order that part of the time spent in custody pending appeal should not count towards sentence so that applications by those who had some proper basis for making them were dealt with fully and promptly.”

The Times, 4th March 2009

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted March 3rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Peters v East Midlands Strategic Health Authority & Anor [2009] EWCA Civ 145 (03 March 2009)

High Court (Chancery Division)

Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) (02 March 2009)

Source: www.bailii.org