Category: law reports

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.

R v R (Video Recording: Admissibility) – WLR Daily

Posted April 8th, 2008 in evidence, law reports, video recordings by sally

R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95

“A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available.”

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.

BAILII: Recent Decisions

Posted April 8th, 2008 in law reports by sally

High Court (Administrative Court)

British Medical Association, & Anor R (on the application of) v Secretary of State for Health [2008] EWHC 599 (Admin) (13 March 2008)

Slivka v District Court of Prague [2008] EWHC 595 (Admin) (12 March 2008)

Secretary of State for Justice, R (on the application of) v Mental Health Review Tribunal & Anor [2008] EWHC 598 (Admin) (05 March 2008)

D, R (on the application of) v Sheffield Youth Court [2008] EWHC 601 (Admin) (06 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Rochester, R v [2008] EWCA Crim 678 (04 April 2008)

Court of Appeal (Civil Division)

Brooker & Anor v Fisher [2008] EWCA Civ 287 (04 April 2008)

Masri v Consolidated Contractors International Company SAL & Anor [2008] EWCA Civ 303 (04 April 2008)

High Court (Chancery Division)

Fashoff (UK) Ltd (t/a Moschino Forall Confezioni Spa) v Linton & Anor [2008] EWHC 537 (Ch) (19 March 2008)

Pipe & Ors v Revenue & Customs [2008] EWHC 646 (Ch) (04 April 2008)

High Court (Family Division)

London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam) (03 April 2008)

High Court (Commercial Court)

Tsavliris Salvage (International) Ltd v The Grain Board of Iraq [2008] EWHC 612 (Comm) (01 April 2008)

Source: www.bailii.org

In re S (Care Proceedings: Assessment of risk) – Times Law Reports

Posted April 7th, 2008 in law reports by sally

In re S (Care Proceedings: Assessment of risk)

Court of Appeal

“Local authorities should not introduce in care proceedings, and send to experts, material which was unfair because it was purely prejudicial.”

The Times, 7th 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 v Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill – Times Law Reports

Posted April 7th, 2008 in law reports by sally

Regina v Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill

Court of Appeal (Criminal Division)

“It was essential that trial judges should be aware at the stage of jury selection if any potential juror was, or had been a police officer or a member of the prosecuting authority or was a serving prison officer.”

The Times, 7th 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.

Gemma Ltd (in liquidation) v Davies and Another – Times Law Reports

Posted April 4th, 2008 in company directors, law reports, misfeasance by sally

Gemma Ltd (in liquidation) v Davies and Another

Chancery Division

“In order to establish that a person was a de facto director of a company when deciding whether she was guilty of any misfeasance in relation to the company, it was not enough that she held herself out as a director since what mattered was not what she called herself but what she did.”

The Times, 4th 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.