Badger Trust v Welsh Ministers: CA (Civ Div) (Lords Justices Pill, Stanley Burnton, Lady Justice Smith): 13 July 2010
The appellant (B) appealed against a decision ([2010] EWHC 768 (Admin), [2010] NPC 45) that an order of the respondent ministers concerning badger culling was lawful.
Rebecca Hall and Others v Mayor of London (on behalf of the Greater London Authority): CA (Civ Div) (Lord Neuberger of Abbotsbury, Master of the Rolls, Lady Justice Arden, Lord Justice Stanley Burton): 16 July 2010
The appellant (H) appealed against a decision ([2010] EWHC 1613 (QB)) granting the respondent mayor an order for possession and an injunction.
Penology and criminology – Imprisonment – Release on licence
R (on the application of Ellerton) v Secretary of State for Justice: CA (Civ Div) (Lords Justices Sedley, Richards, Goldring): 7 July 2010
The appellant (E) appealed against the dismissal of his claim for judicial review ([2009] EWHC 2661 (Admin)) of the respondent secretary of state’s decision not to count time that he had spent on licence towards his sentence of imprisonment.
HJ (Iran) v Secretary of State for the Home Department: HT (Cameroon) (appellant) v Secretary of State for the Home Department: SC (Lords Hope, Rodger, Walker, Collins, Sir John Dyson): 7 July 2010
The appellants (J and T) appealed against a decision of the Court of Appeal ([2009] EWCA Civ 172, [2009] Imm AR 600) endorsing the test established by previous authority whereby tribunals were required to consider whether homosexual applicants claiming refugee status could reasonably be expected to tolerate the need for discretion on return to their home country.
Road traffic – Aiding and abetting – Death by dangerous driving – Jury directions
R v Paul David Martin: CA (Crim Div) (Lord Justice Hooper, Mr Justice Gross, Judge Moss QC): 6 July 2010
The appellant (M) appealed against his convictions for aiding, abetting, counselling and procuring another (L) to cause death by driving dangerously and for aiding, abetting, counselling and procuring L to inflict grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861.
Administration of justice – armed forces – inquests – jurisdiction
R (on the application of Smith) (respondent) v Secretary of State for Defence (appellant): SC (Lords Phillips (president), Hope (deputy president), Rodger, Walker, Brown, Mance, Collins, Kerr, Lady Hale): 30 June 2010
The appellant secretary of state appealed against a decision ([2009] EWCA Civ 441, (2009) 3 WLR 1099) that a British soldier on military service abroad was subject to the jurisdiction of the UK within the meaning of article 1 of the European Convention on Human Rights 1950, so as to benefit from the rights guaranteed by the Human Rights Act 1998, and that the inquest into the death of the son of the respondent (S) had to be an inquest satisfying the requirements of article 2 of the convention.
Penology and criminology – commencement provisions – concurrent sentences – custody plus orders
R (on the application of Noone) (FC) v Governor of Drake Hall Prison and Anor: SC (Lords Phillips, Saville, Brown, Mance, Judge): 30 June 2010
The appellant prisoner (N) appealed against a decision ([2008] EWCA Civ 1097, [2009] 1 WLR 1321) to refuse judicial review of the first respondent prison governor’s calculation of the date she became eligible for release.
R v Elizabeth Lee: CA (Crim Div) (Lord Justice Aikens, Mr Justice Royce, Judge Radford (Recorder of Redbridge)): 24 June 2010
The appellant (L) appealed against her conviction for supplying a medicinal product with a misleading label contrary to sections 85(5)(b) and 91(1) of the Medicines Act 1968.
Local government – Date of termination – Death – Tolerated trespass
Austin (FC) (appellant) v Southwark London Borough Council (respondent): SC (Lords Hope, Walker, Brown, Kerr, Lady Hale): 23 June 2010
The appellant (T) appealed against a decision ([2009] EWCA Civ 66, [2010] HLR 1) upholding a ruling rejecting his application to be appointed to represent the estate of his deceased brother (D) in possession proceedings which had been brought by the respondent local authority in 1986.
Administrative law – Health – Compensation – Compensation agreements
Rose Gibb v Maidstone and Tunbridge Wells NHS Trust: CA (Civ Div) (Lords Justices Laws, Sedley, Rimer): 23 June 2010
The appellant (G) appealed against a decision ([2009] EWHC 862 (QB)) dismissing her claim for money owed or, alternatively, damages pursuant to the terms of a compromise agreement entered into with the respondent NHS Trust (M), her former employer.
Terrorism – Control orders – Right to liberty and security
Secretary of State for the Home Department (respondent) v AP (appellant): SC (Lord Phillips, Lord Saville, Lord Rodger, Lord Walker, Lord Brown, Lord Clarke, Sir John Dyson): 16 June 2010
The appellant (P) appealed against a decision ((2009) EWCA Civ 731) that the control order to which he had been made subject did not amount to a deprivation of liberty under article 5 of the European Convention on Human Rights 1950.
R v Keran Louise Henderson : R v Ben Butler : R v Oladapo Oyediran: CA (Crim Div) (Lord Justice Moses, Mrs Justice Rafferty, Mr Justice Hedley, Mrs Justice Sharp): 17 June 2010
The appellants (H, B and O) in joined cases, appealed respectively against their convictions for manslaughter, causing grievous bodily harm and cruelty and for murder. All three appellants had been convicted in cases involving shaken baby syndrome. On appeal, the appellants sought to adduce fresh expert medical evidence.
Legal advice and funding – Costs – Rate of payment
R (on the application of Law Society) v Lord Chancellor: DC (Lord Justice Elias, Mr Justice Keith): 15 June 2010
The claimant Law Society applied for judicial review challenging a new scheme for defendants' costs orders implemented by the defendant lord chancellor.
Aviation – Conditions of engagement – Contract terms – Interpretation
Rooney & Anor v CSE Bournemouth Ltd (t/a CSE Citation Centre): CA (Civ Div) (Lady Justice Arden, Lord Justice Toulson, Mr Justice Hedley): 9 June 2010
The appellant aircraft maintenance company (C) appealed against a decision that its standard conditions of trading were not incorporated into a work order form.
Automatic striking out – Litigants in person – Non-compliance – Unduly harsh sanction
Kinsley v Commissioner of Police for the Metropolis: CA (Civ Div): (Lords Justices Ward, Thomas, Pitchford): 9 June 2010
The appellant (K) appealed against a decision that his claim against the respondent commissioner stood struck out as a result of his failure to comply with an unless order.
Secretary of State for the Home Department v St (Eritrea): CA (Civ Div): (Sir Anthony May (president QB), Lords Justices Longmore, Stanley Burnton)9 June 2010
The appellant secretary of state appealed against a decision ([2008] EWHC 3162 (Admin)) directing him to grant the respondent (T) leave to remain and to recognise her as a refugee.
Parties Named in Schedule A v (1) Dresdner Kleinwort Ltd (2) Commerzbank AG; Fahmi Anar & Ors v (1) Dresdner Kleinwort Ltd (2) Commerzbank AG: QBD (Mr Justice Simon): 28 May 2010
The applicants (D) applied for summary judgment in respect of the claims of the respondents (R) to recover sums said to be due as bonuses for the calendar year 2008 or damages for breach of contract.
Broadcasting – Ofcom – Property rights – Variation
R (on the application of (1) Data Broadcasting International Ltd) (2) Simpleactive Ltd) v Office of Communications: QBD (Admin) (Mr Justice Cranston): 28 May 2010
The claimant broadcasting companies (X) applied for judicial review of the decision of the defendant Ofcom to vary their broadcasting licences and sought a declaration that their consent was required to the variation and damages. X were sister companies both of which delivered data broadcast services within the UK.
Health – Judicial review – Jurisdiction – Interested parties
R (on the application of McVey & Ors) (claimant) v Secretary of State for Health (defendant) & (1) Jonathan Simms (2) Holly Mills (interested parties): QBD (Admin) (Mr Justice Silber): 27 May 2010
The court was required to determine whether it had the jurisdiction to deal with a claim by the interested parties (S) which was different from the relief claimed by the claimants (M).
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd: CA (Civ Div) (Lords Justice Sedley, Rimer, Sir Scott Baker): 2 June 2010
The appellant company (C) appealed against a decision on a preliminary issue (EWHC 1717 (QB), [2010] QB 204) as to the meaning of certain words carried on health foods sold by the respondent supermarket chain (D) in a claim by C for malicious falsehood.
Local government - Social welfare - Child abduction - Local authority housing
EA v (1) GA (2) Westminster City Council (3) Salford City Council: CA (Civ Div) (Lords Justice Thorpe, Etherton): 27 May 2010
The appellant mother (M) appealed against a decision that she and her two children she had allegedly abducted were not entitled to be provided with local authority accommodation under section 5 of the Child Abduction and Custody Act 1985 pending a determination in proceedings concerning their return brought against her by the first respondent father (F).
Michael Steven Delawar Edwards v Chesterfield Royal Hospital NHS Foundation Trust: CA (Civ Div) (Lords Justice Ward, Lloyd, Moore-Bick): 26 May 2010
The appellant surgeon (E) appealed against a decision ([2009] EWHC 2011 (QB)) concerning the amount of damages he could claim in a wrongful dismissal action against the respondent NHS Trust.
British Airways Plc v Unite the Union: CA (Civ Div) (Lord Chief Justice, Master of the Rolls Lord Neuberger of Abbotsbury, Lady Justice Smith): 20 May 2010
The appellant trade union (U) appealed against a decision of the judge (QBD McCombe J 17/5/2010) granting the respondent airline (B) an interim injunction restraining U’s members from taking industrial action.
(1) L’Oréal SA (2) Lancôme Parfums et Beauté and CIE (3) Laboratoire Garnier and CIE v (1) Bellure NV (2) Malaika Investments Ltd (T/A Honeypot Cosmetic and Perfumery Sales) (3) Starion International Ltd: CA (Civ Div) (Lords Justice Jacob, Wall, Rimer): 21 May 2010
The court was required to determine issues of trademark law following a decision of the European Court of Justice.
(1) Levicom International Holdings BV (2) Levicom Investments Curacao NV v Linklaters (a firm): CA (Civ Div) (Lords Justice Jacob, Lloyd, Stanley Burnton): 11 May 2010
The appellant companies (L) appealed against a decision ([2009] EWHC 812 (Comm), [2009] Lloyd’s Rep PN 156) that they were entitled to nominal damages only for the negligence of the respondent solicitors.
