Law reports

Disclosure and inspection of documents - Legal professional privilege - Communications between legal adviser and client

Walter Lilly & Co Ltd v Mackay and another: QBD (TCC) (Mr Justice Akenhead): 15 March 2012

In 2004, the claimant company was employed by the second defendant company to construct a house in London. Owing to delays, the couple who were to be the owners and occupiers of the house (Mr and Mrs M) became disillusioned with the claimant and in October 2006 retained the services of a firm of claims consultants, K.

Evidence - Claimants seeking judicial review of decisions of defendant secretary of state refusing to grant naturalisation

R (on the application of AHK and ­others) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice Ouseley): 2 May 2012

There were more than 40 cases before the Administrative Court in which claimants were seeking judicial review of the decisions of the defendant secretary of state refusing to grant them naturalisation as British citizens under section 6 of the British Nationality Act 1981.

Intention to create legal relationship - Formation of contract - Whether court erring

Barbudev v Eurocom Cable Management Bulgaria EOOD and others: Court of Appeal, Civil Division (Sir Anthony May P, Lord Justices Lloyd Aikens): 27 April 2012

The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that, in the context of a sale of a television and internet cable company in Bulgaria, a side letter addressed to the claimant did not constitute a legally enforceable contract, but was an agreement to agree.

Extradition - Inhuman or degrading treatment - Applicants being accused of terrorist offences by US government

Ahmad and others v UK: ECtHR (Judges Garlicki (president), Björgvinsson, Bratza, Hirvelä, Nicolaou, Bianku, Vucinic and L Early (section registrar)): 10 April 2012

Between 1999 and 2006, the six applicants were indicted on various terrorism charges in the US.

Trial - Fitness to plead - Voyeurism - Defendant suffering from autistic spectrum disorder

R v Burke: CA (Crim) (Lord Justice Aikens, Mr Justice Blake (Recorder of Redbridge)): 20 April 2012

In April 2010, two young mothers, with their six-year-old sons, were at a sports centre. They used the family changing rooms, which had cubicles.

Sentence - Confiscation order

R v Bagnall and another: Court of Appeal, Criminal Division (Lord Justice Moses, Mrs Justice Macur and Mrs Justice Sharp): 18 April 2012

The Court of Appeal, Criminal Division, in allowing an appeal against the first defendant's confiscation order, held that the judge had erred in adding to the amount of the benefit the sum of £200,000 and accordingly, the amount assessed in it as benefit would be reduced by £200,000. In relation to the appeal against the second defendant's confiscation order, the court held that there could be no question of absence of proportionality and dismissed the appeal.

European Union - Rules on competition - European Commission finding defendant companies entering into cartel regarding provision of heavy electrical equipment used in power grids

National Grid Electricity Transmission Plc v ABB Ltd and other companies: ChD (Mr Justice Roth): 4 April 2012

The instant proceedings arose out of a decision issued by the European Commission (the commission) in January 2007 in Case Comp/F38.899 - Gas Insulated Switchgear (GIS) (the decision).

Company - Compulsory winding up - Petition by creditor

Sykes & Son Ltd v Teamforce Labour Ltd: Chancery Division (Richard Snowden QC sitting as a deputy judge of the High Court): 3 April 2012

The Chancery Division of the High Court dismissed a creditor's petition for the winding up of a company where there was a dispute as to the debt allegedly owed to the creditor and where in all the circumstances, it would not be appropriate to allow the petition to proceed.

Confidential information - Injunction against disclosure of information - Interim injunction

BUQ v HRE: Queen's Bench Division (Mr Justice Tugendhat): 29 March 2012

The Queen's Bench Division allowed the defendant's application for a variation of a non-disclosure order permitting the disclosure of the protected information of a sexual nature in an employment tribunal claim form.

Licence - Reduction of terminal hours - Local authority reducing claimant company’s hours of permitted licensable activities

R (on the application of Festiva Ltd) v Highbury Corner Magistrates’ Court: QBD (Admin) (Timothy Straker QC sitting as a deputy judge of the High Court): 4 November 2011

The interested party, the local authority, was the licensing authority pursuant to the Licensing Act 2003.

Construction - Business purchase agreement - Agreement providing for apportionment of payments and liabilities of business before and after effective dates

David Whelan Sports Ltd v JJB Sports: CA (Civ Div) (Lord Justices Ward, Stanley Burnton, Elias): 19 January 2012

The defendant company operated health and fitness clubs through the business of JJB Sports plc. It had entered negotiations with a manufacturer for the purchase of equipment to be used in the business.

Child - Asylum seeker claiming to be a child

R (on the application of W) v Croydon London Borough Council and another: Queen's Bench Division, Administrative Court (London) (CMG Ockelton sitting as a deputy judge of the High Court (judgment delivered extempore)): 13 April 2012

The court determined that the claimant's case that he had been a child when he had entered the country and claimed asylum had been false, and that he had in fact been an adult.

Civil litigation - Case management

Singh v Kaur and others: Court of Appeal, Civil Division Carnwath, (Lord Justices Lloyd and Sullivan): 29 November 2011

The Court of Appeal, Civil Division, held that a judge had been entitled to refuse to allow the appellant to serve additional claims in circumstances where he had had ample opportunity and had failed to do so despite a number of case management orders.

Proceedings - Extradition proceedings - Court of Appeal - Jurisdiction

R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates’ Court: CA (Civ Div) (Master of the Rolls Lord Neuberger of Abbotsbury, Lord Justices Hooper, Toulson): 3 April 2012

The US government, the interested party in the instant proceedings, sought the extradition of two British citizens, T and C, to that jurisdiction from the UK.