November 11, 2009 by charonqc
Regina v Gilham [2009] EWCA Crim 2293; [2009] WLR (D) 324
CA: Stanley Burnton LJ, Penry-Davey, Sharpe JJ:
9 Nov 2009
CRIME — Copyright — Infringement — Sale of devices enabling the playing on games consoles of games copied in breach of copyright — Whether copying of the whole or a substantial part of a copyright work proved — Copyright, Designs and Patents Act 1988, ss 1, 16, 17, 296ZB and 296ZF
Posted in Crime | Comments Off
November 11, 2009 by charonqc
In re Lehman Brothers International (Europe) (in administration) (No 2) [2009[ EWCA Civ 1161; [2009] WLR (D) 323
CA: Lord Neuberger of Abbotsbury MR, Longmore, Patten LJJ:
6 November 2009
COMPANY — Scheme of arrangement — Sanction of court — Company in administration — Administrators proposing scheme of arrangement involving distribution of property held by company on trust — Whether scheme dealing with proprietary claims “a compromise or arrangement” between company and its creditors or any class of them — Whether within jurisdiction of court to sanction proposed scheme — Companies Act 2006, ss 895, 899
Posted in Uncategorized | Comments Off
November 11, 2009 by charonqc
Posted in Insolvency | Comments Off
November 11, 2009 by charonqc
Posted in Negligence | Comments Off
November 11, 2009 by charonqc
Heath v Southern Pacific Mortgage Ltd [2009] EWCA Civ 1135; [2009] WLR (D) 320
CA: Waller, Dyson, Lloyd LJJ:
5 November 2009
FAIR TRADING — Consumer credit — Agreement — Mortgage agreement between claimant mortgagee and defendant discharging prior mortgage from advance and using remainder for own purposes — Defendant contending mortgage constituting “multiple agreement” in two “parts” providing restricted-use and unrestricted-use credit — Whether mortgage in two categories forming separate consumer credit agreements — Whether enforceable — Consumer Credit Act 1974 (c 39), s 18
Posted in Uncategorized | Comments Off
November 11, 2009 by charonqc
Regina (Manchester City Council) v St Helens Metropolitan Borough Council [2009] WLR (D) 319
CA: Sir Anthony May P, Scott Baker, Lloyd LJJ:
6 Nov 2009
LOCAL GOVERNMENT — Community Care services — Persons in need of care and attention — Local authority funding care package for person ordinarily resident in its area — Person ceasing to be soy resident — Authority continue to fund package — Whether entitled to stop funding — Whether authority in whose area person had become ordinarily resident liable to fund package — National Assistance Act 1948,, s29(1) (as amended by Local Government Act 1972, s 195(6), Sch 23 para 2(4)2 and Mental Health (Scotland) Act 1960, s 113, Sch. 4) — National Health Service and Community Care Act 1990, s 47
Posted in Local Government | Comments Off
November 11, 2009 by charonqc
Regina (Bristol-Myers Squibb Pharmaceuticals Ltd) v National Institute for Health and Clinical Excellence [2009] EWHC 2722 (Admin); [2009] WLR (D) 318
QBD: Blake J:
6 November 2009
EUROPEAN COMMUNITY — Council Directive — Implementation — United Kingdom notifying European Commission of criteria used in single technology appraisal scheme — More detailed scheme subsequently adopted — Single technology appraisal of cost effectiveness of manufacturer’s drug carried out taking into account manufacturer’s figures and figures produced by independent review body based on modifications to manufacturer’s model on cost effectiveness — Guidance issued with negative recommendation — Whether United Kingdom obliged to notify commission of detailed scheme — Whether duty to act fairly when carrying out appraisal — Whether failure to disclose modified model breach of duty to act fairly — Council Directive 89/105/EEC, art 6 — Directions and Consolidating Directions to the National Institute for Health and Clinical Excellence 2005, para 2(1)(a)
Posted in EU Law | Comments Off
November 11, 2009 by charonqc
Posted in Police Powers | Comments Off
November 9, 2009 by charonqc
R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316
QBD: Burton J:
28 October 2009
HUMAN RIGHTS — Right to free elections — Interference with — European Court of Human Rights and United Kingdom court finding United Kingdom legislation imposing blanket ban on prisoners’ right to vote incompatible with European Convention on Human Rights — United Kingdom government in process of laying proposals for change before parliament — Whether court entitled to exercise discretion to grant further declaration of incompatability — Human Rights Act 1998, s 3(1), Sch 1, Pt II, art 3
Posted in Human Rights | Comments Off
November 9, 2009 by charonqc
Grainger plc v Nicholson UKEAT/219/09; [2009] WLR (D) 315
EAT: Burton J:
3 November 2009
DISCRIMINATION — Religion or belief — “Philosophical belief” — Belief in catastrophic climate change and duty to mitigate effect — Whether capable of being philosophical belief — Employment Equality (Religion or Belief) Regulations 2003 (SI/2003/1660), regs 2, 3 (as amended by Equality Act 2006 (c 3), s 77)
Posted in Discrimination | Comments Off
November 9, 2009 by charonqc
EBR Attridge Law LLP and another v Coleman UKEAT/71/09; [2009] WLR (D) 314
EAT: Underhill J (President):
30 October 2009
DISCRIMINATION — Disability — Employee caring for disabled son — Claims against employer of direct discrimination and harassment on ground of disability — Whether prohibition of discrimination extending to non disabled employee — Disability Discrimination Act 1995, ss 3A, 3B (as inserted by Disability Discrimination Act 1995 (Amendment) Regulations 2003 (SI 2003/1673), reg 4)
Posted in Discrimination | Comments Off
November 9, 2009 by charonqc
ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313
CA: Waller, Arden, Dyson LJJ:
30 October 2009
COSTS — Payment into court — Effective date of payment in when made by cheque — Defendant ordered to make payment in by certain date — Defendant paying foreign currency cheque into court funds office by required date — Judge determining that order required cleared funds to be in court funds office by required time — Whether effective date of payment in when cheque received in court office or when funds have cleared — Whether difference if sterling cheque or foreign currency cheque — Court Funds Rules 1987 ( SI 1987/821), r 16, 38
Posted in Costs | Comments Off
November 9, 2009 by charonqc
Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312
PC: Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury: 4 November 2009
JERSEY — Crime — Judge — Bias — Criminal trial before judge and jurats — Judge constantly interrupting witnesses and indicating disbelief of defence case — Whether trial rendered unfair — Whether sufficient to lead to quashing of conviction despite overwhelming evidence against defendant
Posted in Jersey | Comments Off
November 2, 2009 by charonqc
BTA Bank JSC v Ablyazov and others [2009] EWCA Civ 1958; [2009] WLR (D) 311
CA: Pill, Sedley, Moses LJJ:
27 October 2009
PRACTICE — Discovery — Privilege against self-incrimination — Arrangement facilitating the acquisition, retention, use or control of criminal property — Whether “any other offence involving any form of fraudulent conduct or purpose” — Whether defendant entitled to rely on privilege against self-incrimination — Proceeds of Crime Act 2002, s 328 — Fraud Act 2006, s 13(4)(b)
Posted in Practice | Comments Off
November 2, 2009 by charonqc
Supreme Court: Lord Hope of Craighead, Deputy President, Lord Saville of Newdigate, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury: 29 October 2009
CONFIDENTIAL INFORMATION — Disclosure — Police — Enhanced criminal record certificate — Duty of chief police officer to disclose information — Whether limited to disclosing information about criminal activity — Whether breach of right to respect for private life — Police Act 1997, s 115 — Human Rights Act 1998, Sch 1, Pt I, art 8
Posted in Confidential Information | Comments Off
October 30, 2009 by charonqc
Posted in Uncategorized | Comments Off
October 30, 2009 by charonqc
Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-140/08); [2009] WLR (D) 308
CFI: I Pelikánová, President, K Jürimäe (Rapporteur) and S Soldevila Fragoso, Judges:
14 October 2009
TRADE mark — Registration — Invalidity — Community trade mark registered after final decision rejecting opponent’s objections — Opponent subsequently seeking declaration of invalidity of mark — Whether Cancellation Division bound by earlier decisions of Opposition Division — Whether doctrine of res judicata applicable — Council Regulation (EC) No 40/94, arts 52(4), 96(2)
Posted in Trademark | Comments Off
October 30, 2009 by charonqc
4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307
Ch D: Sales J :
26 October 2009
INSOLVENCY — Transaction at an undervalue — Purpose of transaction — Claim by company to set aside transaction to realise assets to meet award of damages in its favour — Nature of order and extent of relief to be granted by court — Whether mental state of defendant relevant — Insolvency Act 1986, ss 423(2), 425
Posted in Insolvency, Uncategorized | Comments Off
October 30, 2009 by charonqc
Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306
CA: Pill, Hooper, Wilson LJJ :
22 October 2009
CONTRACT — Illegality — Enforceability — Restrictive term contained in separate document to principal contract — Whether term or contract as a whole unenforceable by reason of breach of legislation — Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), reg 14(2)
Posted in Contract | Comments Off
October 27, 2009 by charonqc
Hunt v AB [2009] EWCA Civ 1092; [2009] WLR (D) 305
CA: Sedley, Wall, Moore-Bick LJJ:
22 October 2009
TORT — Cause of action — Malicious prosecution — Complainant alleging rape — Accused prosecuted by CPS but eventually acquitted — Whether complainant liable as prosecutor in criminal proceedings
Posted in Tort | Comments Off
October 27, 2009 by charonqc
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304
CA: Mummery, Longmore, Sullivan LJJ:
20 October 2009
PLANNING — Protection — Site of special scientific interest — Notification and confirmation of area of land as site of special scientific interest — Whether constituting “plan” or “project” to be assessed pursuant to Directive — Wildlife and Countryside Act 1981, s 28 — Council Directive 92/43/EC, art 6(3)
Posted in Planning | Comments Off
October 27, 2009 by charonqc
R v Ghulam ; [2009] WLR (D) 303
CA: Stanley Burnton LJ, Penry-Davey J, Sharpe J:
21 October 2009
CRIME — Plea — Fitness to plead — Insanity — Evidence of only one registered medical practitioner put forward — Whether trial judge bound to adjourn trial to enable evidence from second registered medical practitioner to be sought — Whether trial judge could properly find defendant fit to plead — Criminal Procedure (Insanity) Act 1964, s 4(6)
Posted in Crime | Comments Off
October 22, 2009 by charonqc
Posted in Data Protection | Comments Off
October 22, 2009 by charonqc
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301
CA: Lord Neuberger of Abbotsbury MR, Sedley LJ, Owen J:
20 October 2009
HOUSING — Secure tenancy — Claim for possession — Grant of tenancy by council official in breach of local authority’s statutory allocation scheme — Claim for possession on ground tenancy void — Whether entitled to order for possession — Housing Act 1985, Pt II, s 32 — Housing Act 1996, Pt VI, ss 159, 167(8)
Posted in Housing | Comments Off
October 22, 2009 by charonqc
Posted in Discrimination | Comments Off
