MI5 judges to rule on suppression of section of torture document – The Guardian

Posted February 26th, 2010 in disclosure, judgments, news, torture by sally

“Three senior judges are today expected to restore devastating passages to a ruling criticising MI5 over the torture and ill-treatment of terror suspects abroad.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Top judge: Binyam Mohamed case shows MI5 to be devious, dishonest and complicit in torture – The Guardian

Posted February 11th, 2010 in disclosure, intelligence services, judgments, news, torture by sally

“Legal defeat plunges Security Service into crisis over torture evidence, and it is revealed that judge removed damning verdict after Foreign Office QC’s plea.”

Full story

The Guardian, 1oth February 2010

Source: www.guardian.co.uk

Government loses Binyam Mohamed torture appeal – BBC News

Posted February 10th, 2010 in appeals, disclosure, judgments, news, torture by sally

“The foreign secretary has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Binyam Mohamed torture case ruling at Court of Appeal – BBC News

Posted February 10th, 2010 in disclosure, judgments, news, torture by sally

“The Court of Appeal is to decide whether to release documents detailing the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 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.

Regina v Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Apostolides v Orams and Another – Times Law Reports

Posted May 1st, 2009 in EC law, enforcement, judgments, jurisdiction, law reports by sally

Apostolides v Orams and Another

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

Source: www.timesonline.co.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

Posted March 26th, 2009 in disclosure, judgments, judicial review, law reports, terrorism, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 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.

Bovale Ltd v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 23rd, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bovale Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 13th, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 171; [2009] WLR (D) 94

A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”

WLR Daily, 12th March 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.

Why solicitors need lessons in complaining – The Times

Posted February 10th, 2009 in delay, judgments, judiciary, news by sally

” The wheels of justice famously grind slow – but these days there are limits even to judicial slowness. More than 2,000 judges in England and Wales have been issued with a deadline for delivering their judgments and if they are late, must explain why.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Clark v Clark Construction Initiatives Ltd and another – WLR Daily

Posted December 19th, 2008 in judgments, law reports, reasons by sally

“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”

Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396

WLR Daily, 18th December 2008

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.

In re M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

Posted December 16th, 2008 in judgments, law reports, reasons by sally

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 2008

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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 2008

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.

The Form of Judgments in Common Law Jurisdictions: A Comparison – Speech by The Rt Hon Lady Justice Arden DBE

Posted July 17th, 2008 in judgments, speeches by sally

The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

Conference in honour of Lord Bingham, 20th June 2008

Source: www.judiciary.gov.uk

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Edwards and Another) v Environment Agency and Others – Times Law Reports

Posted May 6th, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hall v Hall – Times Law Reports

Posted April 30th, 2008 in divorce, judgments, law reports by sally

Hall v Hall

Court of Appeal

“It was wholly inappropriate for a judge to make an order which he himself acknowledged was plainly wrong.”

The Times, 30th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are ony available free on Times Online for 21 days from the date of publication.