Day: 14 May 2009
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Agombar v R. [2009] EWCA Crim 903 (01 May 2009)
Court of Appeal (Civil Division)
OT (A Child), Re [2009] EWCA Civ 409 (14 May 2009)
FH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 385 (13 May 2009)
High Court (Administrative Court)
HM Attorney General v Seckerson & Anor [2009] EWHC 1023 (Admin) (13 May 2009)
High Court (Commercial Court)
Matrix Europe Ltd & Anor v Uniserve Holdings Ltd & Ors [2009] EWHC 919 (Comm) (08 May 2009)
Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH [2009] EWHC 994 (Comm) (13 May 2009)
Source: www.bailii.org
FH (Bangladesh) v Secretary of State for the Home Department – WLR Daily
FH (Bangladesh) v Secretary of State for the Home Department
“A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name for 23 years. Had his application made in May 2003 been dealt with promptly the claimant might have been able to take advantage of an extra-statutory concession that leave would normally be granted to a person with more than 14 years’ continuous residence.”
WLR Daily, 13th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
George v Eagle Air Services Ltd – WLR Daily
George v Eagle Air Services Ltd
“The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. The burden of proof then shifted to the defendant owners/operators of the aircraft to produce an explanation which was consistent with the air crash having occurred without any fault on their part.”
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily
R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)
“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”
WLR Daily, 13th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Judges quash 1998 rape conviction – BBC News
“A man jailed 11 years ago for the rape of a schoolgirl has been cleared after judges said the conviction was unsafe.”
BBC News, 14th May 2009
Source: www.bbc.co.uk
Robbie the Pict v Director of Public Prosecutions – Times Law Reports
Robbie the Pict v Director of Public Prosecutions
Queen’s Bench Division
“A Gatsometer BV Type 36 traffic light camera was an approved device for recording the position of motor vehicles in relation to light signals.”
The Times, 14th May 2009
Source: www.timesonline.co.uk
Asylum seeker rules ‘not working’ – BBC News
“Tough policies to force failed asylum seekers to go home by removing their support are not working, according to a consortium of migrant charities.”
BBC News, 14th May 2009
Source: www.bbc.co.uk
Rape audit to find out why so few win justice – The Times
“Rape victims are to be asked why they feel that they are being failed by the criminal justice system as new research suggests that Britain has the lowest conviction rates in Europe.”
The Times, 14th May 2009
Source: www.timesonline.co.uk
UK’s 5,000 most wanted: agency identifies top criminals – The Guardian
“The true extent of organised crime in the UK is becoming clearer as a result of an extensive intelligence-gathering drive, according to the policing organisation responsible for bringing gangsters under control.”
The Guardian, 13th May 2009
Source: www.guardian.co.uk
Just one in eight terror arrests ends with guilty verdict, admits Home Office – The Independent
“Seven out of eight people arrested under Britain’s terror laws since the al-Qa’ida attacks on America in 2001 were not convicted of a terrorism offence, figures released yesterday show.”
The Independent, 14th May 2009
Source: www.independent.co.uk
Jury foreman Michael Seckerson guilty of contempt over manslaughter case – The Times
“A jury foreman and the publishers of The Times were found guilty of contempt of court yesterday for reporting how the jurors in a manslaughter trial reached their verdict.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Mother not guilty of shaking baby – BBC News
“A woman has been found not guilty of shaking her baby son to death.”
BBC News, 13th May 2009
Source: www.bbc.co.uk
Licensing law holding back young musicians, MPs warn – The Guardian
“‘Absurd’ licensing laws could be damaging the prospects of young musicians, MPs have warned.”
The Guardian, 14th May 2009
Source: www.guardian.co.uk
Let’s be civil and stop ‘loser pays’ – The Times
“Many people face financial ruin if they venture into court and lose. A landmark report suggests some alternatives.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Ruling backs false rape claim man – BBC News
“A man falsely accused of rape has been told he has grounds for compensation.”
BBC News, 13th May 2009
Source: www.bbc.co.uk
