law reports – Page 329 – Current Awareness

“Eighteen months after the Serious Fraud Office abandoned the BAE inquiry, two high court judges yesterday ruled the decision unlawful in a judgment that was stinging in its criticism of both the SFO and the British government for caving in to pressure from Saudi Arabia. The legal action was brought by the anti-bribery pressure group Corner House Research and the Campaign Against Arms Trade. Here are edited extracts from the summary judgment published yesterday.”

Full story

The Guardian, 11th April 2008

Source: www.guardian.co.uk

Panday v Virgil (Senior Superintendent of Police) – Times Law Reports

Posted April 11th, 2008 in abuse of process, law reports, retrials, Trinidad & Tobago by sally

Panday v Virgil (Senior Superintendent of Police)

Privy Council

“When allowing an appeal against conviction on the ground of apparent bias in the conduct of the trial, the Court of Appeal could order a retrial if the defendant had been properly charged and brought before the court without any violation of the rule of law and it was possible to have a fair retrial before a different tribunal.”

The Times, 11th April 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.

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and Others v Riddell and Another

House of Lords

“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”

The Times, 11th April 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.

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

“In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 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.

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103

“The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person’s right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at real risk of being tried on evidence obtained by torture.”

WLR Daily, 10th April 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.

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24 – WLR Daily

Posted April 11th, 2008 in abuse of process, law reports, retrials, Trinidad & Tobago by sally

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24; [2008] WLR (D) 102

“The Court of Appeal might order the retrial of a defendant whose conviction was quashed on the grounds of apparent bias if the defendant had been properly charged and brought before the court without any violation of the rule of law and a fair retrial before a different judge was possible.”

WLR Daily, 10th April 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.

McGrath and others v Riddell and another [2008] UKHL 21 – WLR Daily

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101

“If the country of the principal winding up of an insolvent company was a designated ‘relevant country’ for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators for distribution according to the foreign law even if, under that law, there would be a class of preferential creditors who would not have had priority under English insolvency law.”

WLR Daily, 10th April 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 (Gentle and another) v Prime Minister and others [2008] UKHL 20 – WLR Daily

Posted April 11th, 2008 in armed forces, human rights, international law, Iraq, law reports, war by sally

R (Gentle and another) v Prime Minister and others [2008] UKHL 20

“Art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provided that “everyone’s right to life shall be protected by law”, did not place the Government under a duty to members of the armed forces and their families to hold a public inquiry into whether it had obtained adequate legal advice on the lawfulness under international law of the invasion of Iraq.”

WLR Daily, 10th April 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.

BAILII: Recent Decisions

Posted April 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

MA (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 304 (09 April 2008)

SS (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 310 (10 April 2008)

Arriva Trains Northern Ltd v Eaglen [2008] EWCA Civ 352 (10 April 2008)

High Court (Administrative Court)

Ahsan, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 666 (Admin) (10 April 2008)

Corner House Research & Campaign Against Arms Trade, R (on the application of) v Director of the Serious Fraud Office & Anor [2008] EWHC 714 (Admin) (10 April 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference Nos 1 & 6 of 2008 [2008] EWCA Crim 677 (04 March 2008)

Court of Appeal (Civil Division)

Whitehead v Searle [2008] EWCA Civ B1 (temporary reference) (04 April 2008)

Gopakumar v General Medical Council [2008] EWCA Civ 309 (09 April 2008)

Monro v HM Revenue & Customs [2008] EWCA Civ 306 (09 April 2008)

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 (09 April 2008)

Midlands Co-Operative Society Ltd v HM Revenue & Customs [2008] EWCA Civ 305 (09 April 2008)

AS & DD (Libya) v Secretary of State for the Home Department & Anor [2008] EWCA Civ 289 (09 April 2008)

High Court (Chancery Division)

Bank of Tokyo-Mitsubishi UFJ, Ltd v Baskan Gida Sanayi VE Pazarlama AS & Ors [2008] EWHC 659 (Ch) (09 April 2008)

High Court (Queen’s Bench Division)

Meisels v Lichtman & Anor [2008] EWHC 661 (QB) (09 April 2008)

Mosley v News Group Newspapers Ltd [2008] EWHC 687 (QB) (09 April 2008)

High Court (Administrative Court)

Secretary of State for the Home Department v AF [2008] EWHC 689 (Admin) (09 April 2008)

High Court (Technology and Construction Court)

Enterprise Managed Services Ltd v East Midland Contracting Ltd [2008] EWHC B3 (TCC) (27 March 2008)

Source: www.bailii.org

Goodall v Peak District National Park Authority – WLR Daily

Posted April 10th, 2008 in enforcement notices, human rights, law reports, planning, time limits by sally

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 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.

House of Lords Judgments: What’s new?

Posted April 10th, 2008 in law reports by sally

R (on the application of Gentle (FC) and another (FC)) (Appellants) v The Prime Minister and others (Respondents) [2008] UKHL 20 (9 April 2008)

McGrath and another (Appellants) and others v Riddell and others (Respondents) McGrath and another and others (Appellants) v Riddell and others (Respondents) (Conjoined Appeals) [2008] UKHL 21 (9 April 2008)

Source: www.parliament.uk

Regina (Gentle and Another) v Prime Minister and Others – Times Law Reports

Posted April 10th, 2008 in law reports by sally

Regina (Gentle and Another) v Prime Minister and Others

House of Lords

“The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion.”

The Times, 10th April 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 (Tabernacle) v Secretary of State for Defence – Times Law Reports

Posted April 9th, 2008 in demonstrations, law reports by sally

Regina (Tabernacle) v Secretary of State for Defence

Queen’s Bench Divisional Court

“A ban on innocuous activities on publicly accessible land owned by the Ministry of Defence was unlawful.”

The Times, 9th April 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.

Johnson v Director of Public Prosecutions – Times Law Reports

Posted April 9th, 2008 in law reports by sally

Johnson v Director of Public Prosecutions

Queen’s Bench Divisional Court

“Threatening, abusive or insulting words or behaviour accompanied by hostility, based partly on the victim’s presumed membership of a racial group, was a sufficient evidential basis for a charge of a racially aggravated offence, even if that hostility was also based partly on the victim’s duties as a parking attendant.”

The Times, 9th April 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.

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – Times Law Reports

Posted April 9th, 2008 in law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi

Queen’s Bench Division

“Banking rules relating to international cheque collections created no privity of contract between the principal and the collecting bank.”

The Times, 9th April 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 April 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

McNeill, R. v [2008] EWCA Crim 553 (27 February 2008)

Court of Appeal (Civil Division)

Mamki, R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 307 (08 April 2008)

High Court (Queen’s Bench Division)

Gentoo Group Ltd & Anor v Hanratty [2008] EWHC 627 (QB) (07 April 2008)

High Court (Administrative Court)

The Mayor of London, R (on the application of) v First Secretary of State [2008] EWHC 631 (Admin) (07 April 2008)

Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) (08 April 2008)

HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 664 (Admin) (08 April 2008)

Source: www.bailii.org

Masri v Consolidated Contractors International UK Ltd and others (No 2) – WLR Daily

Posted April 8th, 2008 in execution, foreign jurisdictions, judgments, law reports, receivers by sally

Masri v Consolidated Contractors International UK Ltd and others (No 2) [2008] EWCA Civ 303; [2008] WLR (D) 97

“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”

WLR Daily, 7th April 2008

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.

Whitehead and another v Hibbert Pownall & Newton ( a firm) – WLR Daily

Posted April 8th, 2008 in damages, law reports, negligence, solicitors by sally

Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96

“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”

WLR Daily, 7th April 2008

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.