R v Green – WLR Daily

Posted May 19th, 2008 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Green [2008] UKHL 30; [2008] WLR (D) 152

The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th May 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.

R v May – WLR Daily

Posted May 19th, 2008 in confiscation, law reports, proceeds of crime by sally

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th May 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.

Jennings v Crown Prosecution Service – Times Law Reports

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service

House of Lords

“Confiscation orders, or restraint of property orders pending the making of such orders, were to be made in respect of property which the person had actually obtained, not that he had merely helped others to obtain.”

The Times, 19th 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 v Davies (Gareth) – Times Law Reports

Posted May 19th, 2008 in law reports, murder, sentencing, standard of proof by sally

Regina v Davies (Gareth)

Court of Appeal (Criminal Division)

“A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict.”

The Times, 19th 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 v Green – Times Law Reports

Posted May 19th, 2008 in law reports by sally

Regina v Green

House of Lords

“The Drug Trafficking Act 1994, in giving effect to the United Kingdom’s obligations under the Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime 1993, fell to be construed without regard to legislation in other countries which had chosen to give effect to those obligations in a different way.”

The Times, 19th 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.

BAILII: Recent Decisions

Posted May 16th, 2008 in law reports by sally

High Court (Administrative Court)

Corporate Officer of the House of Commons v The Information Commissioner & Ors [2008] EWHC 1084 (Admin) (16 May 2008)

Risk Management Partners Ltd v The London Borough of Brent [2008] EWHC 1094 (Admin) (16 May 2008)

The Director of the Assets Recovery Agency v Gale & Ors [2008] EWHC 1095 (Admin) (16 May 2008)

High Court (Technology and Construction Court)

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Uk Productions) [2008] EWHC 1087 (TCC) (16 May 2008)

Source: www.bailii.org

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 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.

Regina v Nguyen – Times Law Reports

Posted May 16th, 2008 in bad character, evidence, law reports by sally

Regina v Nguyen

Court of Appeal (Criminal Division)

“Where the Crown chose to rely on relevant bad character evidence which it had decided not to make the subject of a criminal charge, that could not have such an adverse effect on the fairness of the proceedings that the court ought not to admit such evidence.”

The Times, 16th 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 v Kempster – Times Law Reports

Posted May 16th, 2008 in evidence, forensic science, law reports by sally

Regina v Kempster

Court of Appeal (Criminal Division)

“Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched.”

The Times, 16th 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.

BAILII: Recent Decisions

Posted May 15th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v J N [2008] EWCA Civ 464 (14 May 2008)

HM Revenue & Customs v EB Central Services Ltd [2008] EWCA Civ 486 (14 May 2008)

Mason & Anor v East Potential Ltd [2008] EWCA Civ 494 (14 May 2008)

NS-H v Kingston Upon Hull City Council & Anor [2008] EWCA Civ 493 (14 May 2008)

High Court (Chancery Division)

Secretary of State for Business Enterprise & Regulatory Reform v Amway (UK) Ltd [2008] EWHC 1054 (Ch) (14 May 2008)

Source: www.bailii.org

House of Lords Judments: What’s new?

Posted May 15th, 2008 in law reports by sally

R v May (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 28 (14 May 2008)

Crown Prosecution Service (Respondents) v Jennings (Appellant) [2008] UKHL 29 (14 May 2008)

R v Green (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 30 (14 May 2008)

Source: www.parliament.uk

Oxford Legal Group Ltd v Sibbasbridge Services plc and Another – Times Law Reports

Posted May 15th, 2008 in accounts, company directors, law reports by sally

Oxford Legal Group Ltd v Sibbasbridge Services plc and Another

Court of Appeal

“The court could refuse to enforce the right to inspect a company’s accounts, not only where the purpose for which the inspection was sought was to injure the company, but also where the purpose was improper.”

The Times, 15th 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 v May – Times Law Reports

Posted May 15th, 2008 in confiscation, law reports, proceeds of crime by sally

Regina v May

House of Lords

“Where codefendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

The Times, 15th 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.

BAILII: Recent Decisions

Posted May 14th, 2008 in law reports by sally

Court of Appeal (Civil Division)

HM Revenue & Customs v EB Central Services Ltd [2008] EWCA Civ 486 (14 May 2008)

Mason & Anor v East Potential Ltd [2008] EWCA Civ 494 (14 May 2008)

High Court (Administrative Court)

Mabanaft Ltd, R (on the application of) v Secretary of State for Trade & Industry [2008] EWHC 1052 (Admin) (14 May 2008)

High Court (Commercial Court)

Shandong Chenming Paper Holding Ltd & Ors v Saga Forest Carriers INTL AS & Anor [2008] EWHC 1055 (Comm) (14 May 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 14th, 2008 in law reports by sally

High Court (Administrative Court)

Secretary of State for the Home Department, R (on the application of) v AH [2008] EWHC 1045 (Admin) (23 April 2008)

Qaderi, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1033 (Admin) (13 May 2008)

Hama, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1032 (Admin) (13 May 2008)

Source: www.bailii.org

Whitehead and Another v Hibbert Pownall & Newton (a Firm) – Times Law Reports

Posted May 14th, 2008 in damages, law reports, negligence, solicitors, wrongful birth by sally

Whitehead and Another v Hibbert Pownall & Newton (a Firm)

Court of Appeal

“Where solicitors had negligently failed to prosecute a claim for damages for clinical negligence on behalf of a mother in respect of future losses for a wrongful birth, those losses were curtailed by the death of the mother; the solicitors were not liable in a subsequent claim for professional negligence brought on behalf of the mother’s estate for what amounted to a windfall in that, had her claim been brought to a successful conclusion before her death, the recoverable damages would have not have been curtailed by her death but would have extended to cover the costs of care into the future.”

The Times, 14th 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 v L (Evidence of wife) – Times Law Reports

Posted May 14th, 2008 in evidence, law reports, married persons, witnesses by sally

Regina v L (Evidence of wife)

Court of Appeal (Criminal Division)

“There was no requirement to tell a wife that she was not a compellable witness against her husband before interviewing her about a crime of which her husband was suspected.”

The Times, 14th 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.

BAILII: Recent Decisions

Posted May 13th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

King v The Serious Fraud Office [2008] EWCA Crim 530 (18 March 2008)

High Court (Administrative Court)

Harlow-Hayes, R (on the application of) v Cambridge Crown Court [2008] EWHC 1023 (Admin) (21 April 2008)

Moulai v Deputy Public Prosecutor in Creteil France [2008] EWHC 1024 (Admin) (09 May 2008)

High Court (Patents Court)

Rolawn Ltd & Anor v Turfmech Machinery Ltd [2008] EWHC 989 (Pat) (07 May 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 13th, 2008 in law reports by sally

High Court (Chancery Division)

London Strategic Health Authority v Pandya & Ors [2008] EWHC 967 (Ch) (09 May 2008)

High Court (Family Division)

SK, Re [2007] EWHC 3289 (Fam) (12 December 2007)

Lancashire County Council v D & E [2008] EWHC 832 (Fam) (14 March 2008)

Source: www.bailii.org

Alton and Others v Secretary of State for the Home Department – Times Law Reports

Posted May 13th, 2008 in law reports, proscribed organisations, terrorism by sally

Alton and Others v Secretary of State for the Home Department

Court of Appeal

“An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be concerned in terrorism simply because its leaders had the contingent intention to resort to terrorism in the future.”

The Times, 13th 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.