Month: June 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus – WLR Daily

Posted June 19th, 2009 in Cyprus, law reports by sally

Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus [2009] WLR (D) 193

“A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive’s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the meaning of s 20(3) of the Extradition Act 2003. It was a matter of fact as to whether or not the fugitive had attended the trial. A fugitive’s state of mind was relevant in considering whether he ‘deliberately’ absented himself from his trial and he ‘deliberately’ absented himself where he made a conscious decision not to attend.”

WLR Daily, 18th June 2009

Gray v Thames Trains Ltd and Another

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gray v Thames Trains Ltd and Another – Times Law Reports

Posted June 19th, 2009 in accidents, damages, negligence, news, post-traumatic stress disorder, railways by sally

House of Lords

“A claimant who, as a result of a railway accident caused by the defendants’ negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing.”

The Times, 19th June 2009

The Big Question: Is the writing on the wall for the Government’s ID card scheme? – The Independent

Posted June 19th, 2009 in identity cards, news by sally

“Why are we asking this now?

The Government had been due to award a key contract as part of its grand biometric ID card scheme this autumn. Three companies – Thales, Fujitsu and IBM – were bidding for the right to develop the cards’ design and handle their production. But this week the Home Office admitted a decision might not be made until the second half of 2010. This is the second delay to have hit the Government’s ID card scheme. Under the original plans, the widespread roll-out of the cards would have taken place next year. Now it is not due until 2012.”

The Independent, 19th June 2009

Source: www.independent.co.uk

Probation ‘told to under-spend’ – BBC News

Posted June 19th, 2009 in news, probation by sally

“BBC News has seen an official letter which appears to cast doubt on claims by Justice Secretary Jack Straw that probation failings in the Dano Sonnex case were due to staff mismanaging their resources.”

BBC News, 19th June 2009

Source: www.bbc.co.uk

Brown under pressure to open Iraq inquiry to public – The Guardian

Posted June 19th, 2009 in inquiries, Iraq, news, war by sally

“Gordon Brown has been forced to open up the terms of the newly announced Iraq war inquiry after facing hostility to his plans from a broad coalition of former generals, former prime minister John Major and peers from all parties.”

The Guardian, 18th June 2009

Source: www.guardian.co.uk

Protest over hacker extradition move – The Independent

Posted June 19th, 2009 in computer crime, extradition, mental health, news by sally

“Former Home Secretary Jacqui Smith ‘chose to disregard’ the impact of a computer hacker’s mental health problems when she approved his extradition to the US, an MP said today.”

The Independent, 18th June 2009

Source: www.independent.co.uk

Court official fixed jury selection – Daily Telegraph

Posted June 19th, 2009 in expenses, juries, news by sally

“A court official fixed the selection of jurors to allow her neighbours to sit on the panel and claim £8,000 in expenses.”

Daily Telegraph, 18th June 2009

Source: www.telegraph.co.uk

Commentary: a long history of jury ‘nobbling’ – The Times

Posted June 19th, 2009 in intimidation, juries, news by sally

“Jury intimidation or ‘nobbling’ is not new; it has been going on for centuries. It was a series of attempts to intimidate jurors that led to the introduction of majority verdicts in the Criminal Justice Act 1967, so that there could be a conviction even if one or two jurors disagreed.”

The Times, 19th June 2009

T & Ors R v [2009] EWCA Crim 1035 (05 June 2009)

BAILII: Recent Decisions

Posted June 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

Adler v Ananhall Advisory & Consultancy Services Ltd [2009] EWCA Civ 586 (18 June 2009)

UBS AG & Anor v HSH Nordbank AG [2009] EWCA Civ 585 (18 June 2009)

Greenstein & Anor v Broome and Wellington LP [2009] EWCA Civ 589 (18 June 2009)

High Court (Chancery Division)

Homeserve Membership Ltd v Revenue and Customs [2009] EWHC 1311 (Ch) (18 June 2009)

High Court (Queen’s Bench Division)

Bray v Deutsche Bank AG (Rev. 1) [2009] EWHC 1356 (QB) (18 June 2009)

High Court (Family Division)

Hudson v Leigh [2009] EWHC 1306 (Fam) (05 June 2009)

High Court (Administrative Court)

Poku, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 1380 (Admin) (18 June 2009)

Source: www.bailii.org

Michael Wills urges cabinet not to backtrack on attorney general – The Guardian

Posted June 18th, 2009 in attorney general, constitutional reform, news by sally

“Britain’s constitutional affairs minister, Michael Wills, is urging his fellow ministers not to backtrack over ending the dual role of the attorney general as politician and legal adviser to the government. It is vital to separate the roles in order to maintain public confidence in the way critical decisions are reached, he says.”

Clarke v R. [2009] EWCA Crim 1074 (12 June 2009)

The Guardian, 17th June 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009)

Sonmez v Secretary of State for the Home Department & Ors [2009] EWCA Civ 582 (17 June 2009)

Mehra v Mehra & Aras [2009] EWCA Civ 584 (17 June 2009)

Copley v Lawn & Ors [2009] EWCA Civ 580 (17 June 2009)

High Court (Chancery Division)

Cobden Investments Ltd v RWM Langport Ltd & Ors [2009] EWHC 1362 (Ch) (17 June 2009)

Polo Woods Foundation v Shelton-Agar & Anor [2009] EWHC 1361 (Ch) (17 June 2009)

Tanks and Vessels Industries Ltd v Devon Cider Company Ltd [2009] EWHC 1360 (Ch) (17 June 2009)

High Court (Queen’s Bench)

Alexis v London Borough of Newham [2009] EWHC 1323 (QB) (15 June 2009)

High Court (Family Division)

Bath & North East Somerset Council v A Mother & Ors [2008] EWHC B10 (Fam) (22 December 2008)

High Court (Administrative Court)

Abdi, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1324 (Admin) (22 May 2009)

London District Properties Management Ltd & Ors v Goolamy & Anor [2009] EWHC 1367 (Admin) (16 June 2009)

High Court (Technology and Construction Court)

Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC) (09 June 2009)

High Court (Commercial Court)

Toprise Fashions Ltd v Nik Nak Clothing Co Ltd & Ors [2009] EWHC 1333 (Comm) (17 June 2009)

Source: www.bailii.org

First trial without jury approved – BBC News

Posted June 18th, 2009 in Crown Court, juries, news, robbery, trial without jury by sally

“The Court of Appeal has ruled that a criminal trial can take place in front of a judge without a jury for the first time in England and Wales.”

In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192

BBC News, 18th June 2009

Source: www.bbc.co.uk

In re Attorney General’s Reference (No 3 of 1999) – WLR Daily

Posted June 18th, 2009 in anonymity, human rights, law reports, privacy by sally

“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”

WLR Daily, 17th June 2009

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd – WLR Daily

Posted June 18th, 2009 in bailment, consumer credit, contracts, law reports by sally

“An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no obligation on the part of the retailer to make any payment in cash or kind for the hire of the photocopiers.”

Source: www.lawreport.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Official Receiver v McKay – WLR Daily

Posted June 18th, 2009 in bankruptcy, law reports, proof by sally

Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191

“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer existed at the time the annulment order was made, without investigating whether the proven debt had been fully paid or expunged.”

WLR Daily, 17th June 2009

Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lewis and another v Metropolitan Property Realisations Ltd – WLR Daily

Posted June 18th, 2009 in assignment, bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”

WLR Daily, 17th June 2009

Baker and Others v Quantum Clothing and Others

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 18th, 2009 in health & safety, law reports, noise by sally

Court of Appeal

“Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.”

The Times, 18th June 2009

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

Posted June 18th, 2009 in anonymity, freedom of expression, human rights, law reports, privacy by sally

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009