Judge slams police after teacher is acquitted of kissing a friend – Daily Telegraph

Posted August 16th, 2010 in Crown Prosecution Service, judges, judgments, news, police, sexual offences by sally

“A judge has criticised the police after a part-time teacher was put on trial for giving a female friend an unwanted kiss, telling officers they should be concentrating on catching robbers and violent thugs.”

Full story

Daily Telegraph, 13th August 2010

Source: www.telegraph.co.uk

Tugendhat J redefines meaning of defamation – The Lawyer

Posted June 16th, 2010 in defamation, judgments, news by sally

“Mr Justice Tugendhat today raised the bar for defamation claims in a High Court ruling that found the definition of defamation must include a qualification or threshold of seriousness.”

Full story

The Lawyer, 16th June 2010

Source: www.thelawyer.com

Claims against the police still difficult, and no help from human rights law – The Guardian

Posted May 18th, 2010 in appeals, human rights, judgments, malicious prosecution, negligence, news, police by sally

“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”

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The Guardian, 17th May 2010

Source: www.guardian.co.uk

Carey’s intervention backfires – The Guardian

“As a lawyer, I can recognise Lord Laws’ judgment in the McFarlane case as stinging rebuke to Lord Carey.”

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The Guardian, 30th April 2010

Source: www.guardian.co.uk

Ex-archbishop attacks judges over gay counselling ruling – The Guardian

“The former archbishop of Canterbury Lord Carey today accused judges of moving towards a new ‘secular state’ that would downgrade the rights of religious believers. Attacking a ‘deeply worrying’ court ruling, Carey claimed the judiciary was now tipping the legal balance against believers in ‘a deeply unedifying collision of human rights’.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Noble v Owens – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 2010

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.

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.