Archive for June 22nd, 2009

BAILII: Recent Decisions

High Court (Family Division)

McFarlane v McFarlane [2009] EWHC 891 (Fam) (18 June 2009)

High Court (Administrative Court)

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin) (08 June 2009)

Wilson & Anor v Yorkshire Dales National Park Authority [2009] EWHC 1425 (Admin) (19 June 2009)

High Court (Commercial Court)

Brown & Ors v Innovatorone Plc & Ors [2009] EWHC 1376 (Comm) (19 June 2009)

High Court (Technology and Construction Court)

Roundstone Nurseries Ltd v Stephenson Holdings Ltd [2009] EWHC 1431 (TCC) (10 June 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Groundwater (England and Wales) Regulations 2009

The Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations 2009

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009

The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009

The Caribbean Development Bank (Seventh Replenishment of the Unified Special Development Fund) Order 2009

The Counter-Terrorism Act 2008 (Commencement No. 4) Order 2009

The Fixed Penalty (Amendment) (No. 3) Order 2009

The Magistrates’ Courts Fees (Amendment) Order 2009

The Non-Contentious Probate Fees (Amendment) Order 2009

The Civil Proceedings Fees (Amendment) Order 2009

The Family Proceedings Fees (Amendment) Order 2009

Source: www.opsi.gov.uk

Lawyers claim bidding system for criminal defence work may be illegal – The Guardian

“Government proposals to introduce competitive tendering for criminal defence work will ‘savagely reduce’ the number of firms, lawyers say, and may be unlawful in their disproportionate impact on minority lawyers.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Teachers’ body won’t stop BNP working in schools – The Guardian

“The General Teaching Council for England is today accused by members of its governing body of failing to act to prevent British National party members from teaching in schools.”

Full story

The Guardian, 20th June 2009

Source: www.guardian.co.uk

Owens v City of Westminster Magistrates’ Court – WLR Daily

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 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.

L’Oréal SA and others v Bellure NV and others – WLR Daily

L’Oréal SA and others v Bellure NV and others (Case C-487/07); [2009] WLR (D) 203

“The claimants, producers and marketers of luxury perfumes, were the proprietors in the United Kingdom of well-known trade marks, some in the form of word marks alone, and others being word and figurative marks including a representation of the bottle or packaging for the particular perfume. The defendants, the producer of and two companies which marketed imitations of fine fragrances, offered a range of products some of whose bottles and packaging were generally similar to those of products of the claimants’, although it was common ground that the similarity was unlikely to mislead professionals or the public. The defendant marketing companies provided to their retailers lists which compared the smell of a product of the defendants’ with a product of the claimants’ which was being imitated, in each case identified by reference to the word mark by which the product was known. In trade mark infringement proceedings brought by the claimants, a number of issues arose relating to the interpretation of (i) Council Directive 89/104/EEC on trade marks and (ii) article 3a(1) of Council Directive 84/450/EEC on misleading and comparative advertising as amended by European Parliament and Council Directive 97/55/EC (‘Directive 84/450’), and the Chancery Division of the High Court referred questions thereon to the European Court of Justice for a preliminary ruling.”

WLR Daily, 19th June 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 (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) – WLR Daily

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) [2009] EWCA Civ 587; [2009] WLR (D) 202

“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”

WLR Daily, 19th June 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.


June 2009
M T W T F S S
« May   Jul »
1234567
891011121314
15161718192021
22232425262728
2930  

Categories