Human rights – Local government – Care proceedings – Child sexual abuse – Cross examination
Re W (children): SC (Lady Hale, Lords Walker, Brown, Mance, Kerr): 3 March 2010
The appellant father (F) appealed against a decision ([2010] EWCA Civ 57), upholding the refusal of his application to require his 14-year-old stepdaughter (C) to attend court to give evidence during care proceedings.
Admissibility – Civil recovery proceedings – Proceeds of crime
Ronald Olden v Serious Organised Crime Agency: CA (Civ Div) (Lords Justice Rix, Wilson, Sir Scott Baker): 26 February 2010
The appellant (O) appealed against a decision ([2009] EWHC 610 (QB), (2009) Lloyd’s Rep FC 375) making a civil recovery order against him and a decision ([2009] EWHC 822 (QB)), granting the respondent Serious Organised Crime Agency an order for possession in respect of his property.
Custodial sentences – Return to custody – Sentence length
R v Jamie Costello: CA (Crim Div) (Lord Justice Hughes (vice-president), Mr Justice Mackay, Mr Justice Lloyd Jones): 2 March 2010
The appellant (C) appealed against his sentence of 31 months’ imprisonment (Sentence B) following his conviction for assault occasioning actual bodily harm.
Richard Buxton (solicitors) (appellant) v Huw Llewelyn Paul Mills-Owens (respondent) and Law Society (intervener): CA (Civ Div) (Sir Mark Potter (President Fam Div), Lords Justice Dyson, Maurice Kay): 23 February 2010
The appellant firm of solicitors (B) appealed against a decision ([2008] EWHC 1831 (QB)) dismissing their appeal against a decision of a costs judge to disallow their claim for profit costs for acting for the respondent (M).
Civil evidence – Human rights – Disclosure – Documents
(1) Financial Services Authority (2) Elisabeth Connell (3) Patricia Senra (appellants) v (1) AMRO International SA (2) Creon Management SA (respondents) and Goodman Jones LLP (interested party): CA (Civ Div) (Sir Anthony May (President QB), Lords Justice Stanley Burnton, Jackson): 24 February 2010
The appellant Financial Services Authority appealed against a decision ([2009] EWHC 2242 (Admin)) quashing the appointment of investigators and the issue of notices to compel the production of documents.
Amritpal Singh Virdi (appellant) v Law Society (respondent) and Solicitors Disciplinary Tribunal (intervener): CA (Civ Div) (Lords Justice Jacob, Lloyd, Stanley Burnton): 16 February 2010
The appellant solicitor (V) appealed against a decision ([2009] EWHC 918 (Admin)) to dismiss his appeal against a finding of the Solicitors Disciplinary Tribunal that he was guilty of serious professional misconduct, as alleged by the respondent Law Society.
Oceanbulk Shipping and Trading SA v TMT Asia Ltd: CA (Civ Div) (Lords Justice Ward, Longmore, Stanley Burnton): 15 February 2010
The appellant shipping company (O) appealed against a decision ([2009] EWHC 1946 (Comm), [2009] 1 WLR 2416) that evidence of without-prejudice communications with the respondent companies (T) could be given in a dispute about a written settlement agreement between them.
Administrative law – Capital gains tax – Income tax – Legitimate expectation
R (on the application of (1) Robert John Davies (2) Michael John James) v Revenue & Customs Commissioners: R (on the application of Robert Gaines-Cooper) v Revenue & Customs Commissioners: CA (Civ Div) (Lords Justice Ward, Dyson, Moses): 16 February 2010
R (on the application of (1) WL (Congo) (2) KM (Jamaica)) v Secretary of State for the Home Department: CA (Civ Div) (Lord Neuberger, Master of the Rolls, Lords Justice Carnwath, Stanley Burnton): 19 February 2010
The appellant foreign national prisoners (X) appealed against the decision of the judge ([2008] EWHC 3166 (Admin)) dismissing their claims for damages arising out of their detention pending deportation.
Christianity – Detriment – Religious discrimination – Jewellery
Eweida v British Airways Plc: CA (Civ Div) (Lords Justice Sedley, Carnwath, Lady Justice Smith): 12 February 2010
The appellant employee (E) appealed against a decision ([2008] UKEAT/0123/08/LA) of the Employment Appeal Tribunal (EAT) upholding the decision of the employment tribunal (ET) that the respondent employer (B) had not subjected her to indirect discrimination.
Local government – Bonus payments – Equal pay – Sex discrimination
Gibson and Others v Sheffield City Council: CA (Civ Div) (Lords Justice Pill, Maurice Kay, Lady Justice Smith): 10 February 2010
The appellant female workers (G) appealed against a decision (EAT/0303/08/ZT) of the Employment Appeal Tribunal (EAT) upholding a decision of the employment tribunal dismissing their appeals against the refusal of their equal pay claim against the respondent local authority.
Environmental health – Buildings – Burials and cremation – Religions
R (on the application of Ghai) (appellant) v Newcastle City Council and Others (respondent) and Secretary of State for Justice (interested party) and (1) Ramgharia Gurdwara, Hitchin (2) Alice Barker Welfare and Wildlife Trust (3) Equality and Human Rights Commission (4) Hindu Merchants Association (interveners): CA (Civ Div) (Lord Neuberger of Abbotsbury, master of the rolls, Lords Justice Moore-Bick, Etherton): 10 February 2010
The appellant orthodox Hindu (G) appealed against the dismissal (Ghai v Newcastle City Council [2009] EWHC 978 (Admin), Times, 18 May 2009) of his claim for judicial review of the decision of the respondent local authority that it would not provide land dedicated for traditional open-air funeral pyres.
Costs – Personal injury – Allocation – Detailed assessment
Drew v Whitbread: CA (Civ Div) (Lords Justice Waller (vice-president), Hooper, Etherton): 9 February 2010
The appellant (D) appealed against a decision that, where the trial judge ordered costs to be assessed on the standard basis, the costs judge could assess the costs as if the case had been allocated to the fast track.
Local government – Certificates of lawful use – Change of use – Deception
Welwyn Hatfield Council v (1) Secretary of State for Communities and Local Government (2) Alan Beesley: CA (Civ Div) (Lords Justice Pill, Mummery, Richards): 29 January 2010
The appellants appealed against a decision ([2009] EWHC 966 (Admin)) that the construction of a building was lawful and not in breach of planning control, and that there had been no change of use so that the four-year limit for taking enforcement action did not apply.
JO (Uganda) v Secretary of State for the Home Department: JT (Ivory Coast) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice Mummery, Richards, Toulson): 22 January 2010
The first appellant (J) appealed against a deportation order to Uganda and the second appellant (T) appealed against the refusal of his asylum claim and his consequent future removal to the Ivory Coast.
Media and entertainment – Anonymity – Freedom of expression – Reporting restrictions
In the matter of Guardian News and Media Ltd and Ors sub nom Mohammed Jabar Ahmed and Ors v HM Treasury: Mohammed Al-Ghabra v HM Treasury: HM Treasury R (on the application of Hani El Sayed Sabaei Youssef: SC (Lord Phillips (president), Lord Hope (deputy president), Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Kerr): 27 January 2010
The applicant media organisations applied to set aside anonymity orders made by the administrative court in favour of the appellants (X, K, M and G) and one respondent (H).
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.
