Court of Appeal (Civil Division)

English Welsh & Scottish Railway Ltd v Enron Coal Services Ltd [2009] EWCA Civ 647 (01 July 2009)

Zahoor & Ors v Masood & Ors [2009] EWCA Civ 650 (03 July 2009)

Sagal (t/a Bunz Uk) v Atelier Bunz GmbH [2009] EWCA Civ 700 (03 July 2009)

High Court (Queen’s Bench Division)

Berry v Laytons & Anor [2009] EWHC 1591 (QB) (03 July 2009)

High Court (Chancery Division)

Stanford International Bank Ltd & Ors, Re [2009] EWHC 1441 (Ch) (03 July 2009)

High Court (Family Division)

DS v RS [2009] EWHC 1594 (Fam) (03 July 2009)

SS v KS [2009] EWHC 1575 (Fam) (03 July 2009)

London Borough of Brent v S [2009] EWHC 1593 (Fam) (03 July 2009)

High Court (Administrative Division)

Farah, R (on the application of) v HM Coroner for the Southampton & New Forest District of Hampshire [2009] EWHC 1605 (Admin) (03 July 2009)

BM v Secretary of State for the Home Department [2009] EWHC 1572 (Admin) (03 July 2009)

The Independent Police Complaints Commission, R (on the application of) v Commissioner of Police of the Metropolis [2009] EWHC 1566 (Admin) (03 July 2009)

High Court (Technology and Construction Court)

William Hare Ltd v Shepherd Construction Ltd [2009] EWHC 1603 (TCC) (25 June 2009)

Source: www.bailii.org

“A black family wrongly prosecuted for assault after the father was falsely accused of drug dealing by police outside a London theatre has won “substantial” damages and an apology from Scotland Yard, four years after the case collapsed.”

Full story

The Guardian, 4th July 2009

Source: www.guardian.co.uk

“Richard Desmond, the owner of the Daily and Sunday Express,will become the first newspaper proprietor to take the stand in the High Court since Robert Maxwell, when he launches his libel action against the investigative journalist Tom Bower on Monday.”

Full story

The Times, 4th July 2009

Source: www.timesonline.co.uk

The Supreme Court Rules 2009

The Education (School and Local Education Authority Performance Targets) (England) (Amendment) Regulations 2009

The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2009

The Ministry of Defence Police (Committee) Regulations 2009

The Environmental Noise (England) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

“A jealous martial arts expert who strangled his partner after learning she planned to leave him for another man was found guilty of murder today.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

“A violent footballer was given two life sentences today after he admitted killing his ex-girlfriend seven years after being cleared of the crime.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

“Prisoners on the run from Holleseley Bay prison cannot be identified because it would breach their rights to privacy, the Ministry of Justice has said.”

Full story

Daily Telegraph, 3rd July 2009

Source: www.telegraph.co.uk

“A terror suspect must be brought back to London from ‘internal exile’ in the Midlands despite convincing secret evidence that he intended to take part in terrorist-related activity, the High Court ruled today.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

“The pathologist who said Ian Tomlinson died of natural causes at the G20 protests has been suspended from an official government register and is under two separate investigations into his professional conduct, it emerged today.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

“Freedom of information campaigners say the regulator takes too long to decide to release documents to the public, undermining efforts to open up official files.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

“A couple from Sheffield are taking their legal fight against a speeding ticket to London’s High Court.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

Court of Appeal (Civil Division)

Radmacher v Granatino [2009] EWCA Civ 649 (02 July 2009)

Walkden v Walkden [2009] EWCA Civ 627 (25 June 2009)

High Court (Queen’s Bench)

C v Dixon [2009] EWHC 708 (QB) (25 June 2009)

High Court (Chancery Division)

Secretary of State for Trade and Industry v Woolf [2009] EWHC B15 (Ch) (19 June 2009)

Lindop v Agus & Ors [2009] EWHC B14 (Ch) (03 July 2009)

High Court (Administrative Division)

Nicholas v Chester Magistrates Court [2009] EWHC 1504 (Admin) (11 June 2009)

Nadour v Chester Magistrates Court [2009] EWHC 1505 (Admin) (11 June 2009)

Director of Public Prosecutions v Agyemang [2009] EWHC 1542 (Admin) (24 June 2009)

Source: www.bailii.org

Geneva Conventions and United Nations Personnel (Protocols) Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Business Rate Supplements Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Saving Gateway Accounts Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

The Court Martial (Prosecution Appeals) Order 2009

The Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009

The Working Time (Amendment) Regulations 2009

The Olympic Route Network Designation Order 2009

The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009

The Food Irradiation (England) Regulations 2009

The Education (Outturn Statements) (England) Regulations 2009

The Legal Services Act 2007 (Registered European Lawyers) Order 2009

The Registered Foreign Lawyers Order 2009

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 3) Order 2009

The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009

The Control of Major Accident Hazards (Amendment) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009

The Terrorism Act 2000 (Code of Practice for Examining Officers) (Revision) Order 2009

Source: www.opsi.gov.uk

“Justice Secretary Jack Straw has made a statement on the Michael Shields case.”

Full story

Ministry of Justice, 2nd July 2009

Source: www.justice.gov.uk

AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22

“The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without recourse to public funds did not amount to disporportionate discrimination against disabled sponsors under art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd July 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.

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 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.

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 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.

“Cherie Booth QC has endorsed a call to close some prisons and hand the management of the rest of the prison system in England and Wales over to local communities.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

“Copies of a book by Scotland Yard’s former anti-terrorism chief were hastily removed from bookstore shelves yesterday after the Attorney-General obtained a last-minute injunction.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

“Britain’s most senior family judge called last night for urgent action over a crisis in the family courts fuelled by increasing delays in child abuse cases and lack of funds.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

“The families of two murdered French students today criticised the decision not to refer their sons’ killers’ sentences to the Court of Appeal.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

“Two young men involved in the gang-rape of a girl who was then attacked with caustic soda have had their sentences increased by the Court of Appeal.”

Full story

BBC News, 2nd July 2009

Source: www.bbc.co.uk

“Pre-nuptial contracts have won the clear backing of the English courts after years of suspicion and even hostility.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

“One of Britain’s biggest online paedophile investigations will be challenged in the Court of Appeal following allegations that hundreds of men may have been wrongly convicted in a ‘huge miscarriage of justice’, it was reported today.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

“Delays of up to two years in issuing an asbo are to be cut under proposals unveiled by the new home secretary, Alan Johnson, in his first major speech on crime and antisocial behaviour.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

“A landmark House of Lords ruling will undermine the certainty of contracts and could make it more expensive to take cases over contract interpretation to court, according to a contract law expert.”

Full story

OUT-LAW.com, 2nd July 2009

Source: www.out-law.com

“Justice Secretary Jack Straw today refused an appeal for a pardon by jailed football fan Michael Shields.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

Court of Appeal (Civil Division)

Holland v Revenue and Customs & Anor [2009] EWCA Civ 625 (02 July 2009)

Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd & Anor [2009] EWCA Civ 646 (02 July 2009)

VH (Malawi) v Secretary of State for the Home Department [2009] EWCA Civ 645 (02 July 2009)

High Court (Queen’s Bench)

Levi v Bates [2009] EWHC 1495 (QB) (02 July 2009)

High Court (Chancery Division)

The Republic of Croatia v The Republic of Serbia [2009] EWHC 1559 (Ch) (02 July 2009)

Harland & Wolff Pension Trustees Ltd v AON Consulting Financial Services Ltd. [2009] EWHC 1557 (Ch) (02 July 2009)

Source: www.bailii.org

“The prisons system in England and Wales is in crisis, reformers said today, as they called for drastic cuts in the number of criminals jailed.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

“A wealthy German heiress worth £100 million today won a Court of Appeal case that will leave her former husband, now an impoverished student, with only maintenance money for his daughters.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

“Some 20 net users have come forward claiming they have been wrongly accused of illegally sharing video games.”

Full story

BBC News, 2nd July 2009

Source: www.bbc.co.uk

“Scotland Yard has failed to carry out a series of changes it was ordered to make after disastrous blunders led its officers to kill Jean Charles de Menezes, according to an official report.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Birmingham City Council (Appellants) v Ali (FC) and others (FC) (Respondents) Moran (FC) (Appellant) v Manchester City Council (Respondents) [2009] UKHL 36 (1 July 2009)

SCA Packaging Limited (Appellants) v Boyle (Respondent) (Northern Ireland) [2009] UKHL 37 (1 July 2009)

Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) [2009] UKHL 38 (1 July 2009)

Source: www.parliament.uk

“Problem-solving courts for offenders with mental health problems or learning disabilities, the first of their kind in England and Wales, were today formally launched by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 2nd July 2009

Source: www.justice.gov.uk

“On Tuesday 30 June 2009, the Sentencing Guidelines Council published a draft guideline on the principles which apply when courts sentence young offenders. The guideline is set in the context of new laws for sentencing young people which are expected to come into force later this year.”

Consultation guideline: Overarching principles – Sentencing youths (PDF)

Letter to consultees (PDF)

Advice: Sentencing principles – youths (PDF)

Press Notice (PDF)

Sentencing Guidelines Council, 30th June 2009

Source: www.sentencing-guidelines.gov.uk

Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223

“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”

WLR Daily, 1st July 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.