Archive for April 9th, 2009

BAILII: Recent Decisions

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)

Enfield Borough Council, R (on the application of) v Secretary of State for Health & Ors [2009] EWHC 743 (Admin) (08 April 2009)

Adams (t/a Strategic Land Partnerships) v Secretary of State for Communities and Local Government & Anor [2009] EWHC 771 (Admin) (08 April 2009)

High Court (Family Division)

CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)

High Court (Commercial Court)

IMT Shipping & Chartering GmbH v Chansung Shipping Company Ltd, Owners of the “Zenovia” [2009] EWHC 739 (Comm) (08 April 2009)

Source: www.bailii.org

R (Marrion and others) v Board of Medical Referees and others – WLR Daily

R (Marrion and others) v Board of Medical Referees and others [2009] EWCA Civ 450; [2009] WLR (D) 135

“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 – WLR Daily

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 – WLR Daily

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 – Times Law Reports

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 – Times Law Reports

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 – Times Law Reports

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


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