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.

In re Dairy Farmers of Britain Ltd – WLR Daily

In re Dairy Farmers of Britain Ltd [2009] EWHC 1389 (Ch); [2009] WLR (D) 201

“Parliament intended that Parts I and II of the Insolvency Act 1986 should not apply to an industrial and provident society (‘IPS’), and there was no reason for adopting a different approach to Part III of the Act, either generally or with specific reference to s 72A of the Act. Further, section 37 in Part III of the Act could have no specific application to receivers of an IPS.”

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.

Copley v Lawn; Maden v Haller – WLR Daily

Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200

“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”

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 v T; R v B; R v C; R v H – WLR Daily

R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19

“A criminal trial without a jury did not contravene a defendant’s right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address the extent of the risk. On an application by the prosecution for a trial to be conducted without a jury in such circumstances the evidence should be disclosed to the fullest extent possible, but there would be cases where the evidence to demonstrate the risk of jury tampering would be so sensitive that it could only be addressed under public immunity interest principles and it would be contrary to the legislative purpose to make an order for disclosure which would, in effect, bring the prosecution to an end and enable those who had been involved in jury tampering to derail the trial.”

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 (AK (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198

“The phrase ‘further submissions’, in the context of the Secretary of State’s obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”

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.

Video shows surveillance protesters bundled to ground by police – The Guardian

“Two female protesters who challenged police officers for not displaying their badge numbers were bundled to the ground, arrested and held in prison for four days, according to an official complaint lodged today.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Young offenders to face justice from neighbours – The Guardian

“Local communities must be given a greater say in determining the punishments meted out to young people if youth reoffending rates are to be reduced, says a leading thinktank.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Tycoon Scot Young faces jail in £400m divorce – The Times

“A secretive tycoon at the centre of one of Britain’s biggest divorce cases is facing jail over the whereabouts of his £400m fortune.”

Full story

The Times, 21st June 2009

Source: www.timesonline.co.uk

Doctor sacked in Baby P case sues hospital trust – The Independent

“The consultant paediatrician who was blamed for failing to notice that Baby P had a broken back and ribs days before his death is claiming compensation for unfair dismissal.”

Full story

The Independent, 20th June 2009

Source: www.independent.co.uk

Single mother given £1.2m fine for illegal downloads – Daily Telegraph

“A single mother has been ordered to pay nearly £1.2 million in damages for illegally downloading 24 songs over the internet.”

Full story

Daily Telegraph, 19th June 2009

Source: www.telegraph.co.uk

End ‘cruel’ religious slaughter, say scientists – The Independent

“Religious slaughter techniques practised by Jews and Muslims are cruel and should be ended, says a scientific assessment from the Government’s animal welfare advisers.”

Full story

The Independent, 22nd June 2009

Source: www.independent.co.uk

Iraq inquiry likely to be public as Gordon Brown prepares for U-turn – The Guardian

“The government has given its strongest indication yet that it may back down over plans to hold the forthcoming Iraq inquiry in secret.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk


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