Broadcsters – Media and entertainment acquisitions – Judicial review
British Sky Broadcasting Group Plc v (1) Virgin Media Inc (2) Competition Commission (3) Secretary of State for Business, Enterprise & Regulatory Reform: CA (Civ Div) (Lords Justice Rix, Lloyd, Mr Justice Mackay): 21 January 2010
The appellant broadcasting company (S) appealed against a decision ((2008) CAT 25, (2008) Comp AR 223) dismissing its application for review of a decision of the Competition Commission.
Meletios Apostolides (appellant) v (1) David Charles Orams (2) Linda Elizabeth Orams (respondents) & British Residents’ Society (intervener): CA (Civ Div) (Lords Justice Pill, Lloyd, Sir Paul Kennedy): 19 January 2010
The appellant (M) appealed against a decision ((2006) EWHC 2226 (QB), (2007) 1 WLR 241) setting aside an order that two judgments of the Nicosia District Court in the Republic of Cyprus be registered and declared enforceable pursuant to regulation 44/2001 and the case returned to the Court of Appeal to decide the appeal following a reference to the European Court of Justice.
Bail – Legitimate expectation – Reasonableness – Crown Prosecution Service
R (on the application of Burns) (claimant) v Woolwich Crown Court (defendant) & Crown Prosecution Service (interested party): DC (Lord Justice Aikens, Mr Justice Openshaw): 14 January 2010
The claimant (B) applied for judicial review of a decision of a Crown court to refuse him bail. B had been charged with offences of fraud, blackmail and possession of criminal property.
Ian Gray v (1) Secretary of State for Justice (2) Parole Board: QBD (Admin) (Mr Justice Burnett): 11 January 2010
The claimant prisoner (G) applied for judicial review of the actions and decisions of the first defendant secretary of state and the second defendant Parole Board in connection with the process of his continued detention.
Breach of duty of care – Contributory negligence – Driving – Police officers
Michael H v Thames Valley Police: CA (Civ Div) (Lord Justice Pill, Lady Justice Arden, Lady Justice Smith): 14 January 2010
The appellant (H) appealed against a decision dismissing his claim for damages for personal injury. Two policemen in a marked police car had followed H’s motorcycle when he was returning home from a social event in the early hours of the morning.
Breach of duty of care – Negligent misrepresentation – Solicitors
Cabvision Ltd v (1) Leonard Paul Feetum (2) Stephen Richard Marsden (3) Simon Alan Smith (4) Dean & Dean: ChD (Mr Justice Norris): 21 December 2009
The claimant company (C) sought damages from the first to third defendants (F) on the basis of their alleged misrepresentation or negligence, and from the fourth defendant firm of solicitors (D) on the basis of its negligence.
R (on the application of Keith Lewis) (appellant) v HM Coroner for the Mid and North Division of the County of Shropshire (respondent) and Secretary of State for Justice (interested party): CA (Civ Div): (Lords Justice Sedley, Rimer, Etherton): 21 December 2009
The appellant father (F) appealed against a decision ([2009] EWHC 661 (Admin), [2009] 108 BMLR 87) that the respondent coroner had not unlawfully omitted an issue to be considered by a jury...
Bail – Credit for time served – Electric monitoring – Sentencing
R v Rudie Aaron Monaghan: R v Robert Douglas Tyler: R v Chay Gilbert: R v Asim Naser: R v Aquib Khan: R v Ben Chapman: CA (Crim Div) (Lord Justice Hooper, Mr Justice Swift DBE, Judge Morris QC): 21 December 2009
In conjoined appeals, the court was required to determine issues concerning crediting periods of remand on bail as time served by a prisoner as part of his sentence.
False imprisonment – Measure of damages – Prison officers/strikes
Prison Officers Association v Mohammed Nazim Iqbal: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lady Justice Smith, Lord Justice Sullivan): 4 December 2009
The appellant association (P) appealed against a decision that it was liable for false imprisonment where prison officers took unlawful strike action which resulted in the respondent prisoner (R) being confined to his cell, and R cross-appealed against an award of damages of £5.
(1) Geoffrey Glaister (2) Geraldine Glaister (3) Natalie Glaister v Appleby-in-Westmorland Town Council: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justice Jacob, Toulson): 9 December 2009
The appellant local authority appealed against a decision that it had negligently failed to take proper care to see that public liability insurance was arranged which would have covered the circumstances of an accident in which the first respondent sustained an injury.
Conspiracy – Counts – Sentence length – Supply of drugs
R v David Sangster: R v Robert Burnell: R v Martyn Leslie Jackson: CA (Crim Div) (Lord Justice Maurice Kay, Mr Justice Sweeney, Mr Justice Slade): 2 December 2009
The appellants (S, B and J) appealed against their sentences for drug offences.
(1) Lon Trach Gian (2) Noor Azura Mohd-Yusoff v Crown Prosecution Service: CA (Crim Div) (Lord Justice Moses, Mr Justice Keith, Mr Justice Foskett): 3 December 2009
The appellants (G and M) appealed against their convictions of murder and, were that appeal to be unsuccessful, G appealed against sentence in respect of the minimum term imposed of 22 years’ imprisonment.
Delay – Discretion – Limitation periods – Road traffic accidents
McDonnell and anor v David Walker (executor of the estate of Richard Walker, deceased): CA (Civ Div) (Lords Justice Waller (vice-president), Rimer, Sir Paul Kennedy): 24 November 2009
The appellant executor (W) appealed against a decision granting the application of the respondents (M) to disapply the provisions, section 11 under section 33, of the Limitation Act 1980.
Arbitral tribunals – Beneficial ownership – Islamic law – Real property
Bhatti v Bhatti: Ch D (Sir Edward Evans-Lombe): 26 November 2009
The executor applied for summary judgment on a claim brought by the deceased (X) for the beneficial ownership of a number of properties held by the respondent (Y).
Birth parents – Children’s rights – Residence orders
Re B (a child): SC (Lord Hope (Deputy President), Lady Hale, Lord Collins, Lord Kerr, Lord Clarke): 19 November 2009
The appellant maternal grandmother (G) appealed against a decision ([2009] EWCA Civ 545, [2009] 2 FLR 632) upholding the transfer of a residence order to the respondent father (F).
Asbestos - Causation - Duty of care - Mesothelioma
Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Lord Clarke of Stone-cum-Ebony, Lord Justice Scott Baker, Lady Justice Smith): CA (Civ Div) : 6 November 2009
The appellant administratrix (S) appealed against an order dismissing a claim for damages for death due to mesothelioma brought by S on behalf of the estate of her mother (C) against the respondent company (G).
Contingent liabilities – Damage – Legal costs insurance – Limitation periods – Professional negligence
AXA Insurance Ltd (formerly Winterthur Swiss Insurance Co) v Akther & Darby Solicitors and ors: CA (Civ Div) (Lady Justice Arden, Lords Justice Longmore, Lloyd): : 12 November 2009
The appellant insurer (C) appealed against a decision ([2009] EWHC 635 (Comm), [2009] PNLR 25) that certain claims against the defendant solicitors (D) were statute-barred.
Assumptions – Breath samples – Driving while over the limit – Newton hearings
Thomas Goldsmith v Director of Public Prosecutions: DC (Lord Justice Sullivan, Mr Justice Openshaw): 4 November 2009
The appellant (G) appealed by way of case stated against the district judge’s refusal to hold a Newton hearing to establish the factual basis on which he was to be sentenced for an offence of driving with excess alcohol.
