R (D) v. Independent Education Appeal Panel of London Borough of Bromley & Anr
R (Jones) v. Legal Services Commission
Northumberland CC & Anr v. Thompson
South Cambridgeshire DC v. Secretary of State for Communities & Local Government & Anr
Daily Telegraph, 27th September 2007
Source: www.telegraph.co.uk
Court of Appeal (Civil Division)
Gull v Gull [2007] EWCA Civ 900 (31 August 2007)
Man Nutzfahrzeuge Ag & Anor v Freightliner Ltd [2007] EWCA Civ 910 (12 September 2007)
Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)
High Court (Administrative Court)
Commissioner has power to delegate conditions
Director of Public Prosecutions v Haw
Queen’s Bench Divisional Court
“The Commissioner of Police of the Metropolis could delegate his statutory power to impose conditions on demonstrations in the vicinity of Parliament. ”
The Times, 11th September 2007
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.
Court can extend ASBO
Queen’s Bench Divisional Court
“The duration of an antisocial behaviour order could be extended on an application to vary its terms.”
The Times, 11th September 2007
Source: www.timesonline.co.uk
Please note: the Times Law Reports are only available free on Times Online for 21 days from the day of publication.
R (Otley) v. Barking & Dagenham NHS PCT
Daily Telegraph, 6th September 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are avialble online for one week only.
Prisoner failing to return is not an escaper
Court of Appeal (Criminal Division)
“Where a prisoner who was on temporary release from prison failed to return to prison at the expiry of his release period, he could not be said to have escaped from custody and could not therefore be guilty of the common-law offence of escape from custody.”
The Times, 6th September 2007
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.
Court has common-law power to let accused appear by video link
Court of Appeal (Criminal Division)
“The court had no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that an accused could give evidence at his trial by live video link; however, in exceptional circumstances where it was appropriate for the defendant not to be present in court, it did have power to direct that he could participate in his trial by other means such as live video link.”
The Times, 6th September 2007
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.
Change-of-law appeals should not be referred
Regina v Cottrell; Regina v Fletcher
Court of Appeal (Criminal Division)
“Where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law, the Criminal Cases Review Commission should not normally refer a conviction.”
The Times, 5th September 2007
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.
Continued detention of failed asylum-seeker is lawful
Regina (A) v Secretary of State for the Home Department
Court of Appeal
“The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful.”
The Times, 5th September 2007
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.
No priority for liability to dismissal damages
In re Leeds United Association Football Club Ltd
“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”
The Times, 4th September 2007
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.
No pension entitlement for fee-paid part-time chairmen
Christie v Department for Constitutional Affairs and Another
“Part-time fee-paid tribunal chairmen were not workers and were not entitled to a pension.”
The Times, 4th September 2007
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.
Court of Appeal (Civil Division)
F & H (children), Re [2007] EWCA Civ 880 (24 August 2007)
High Court (Administrative Court)
Goodyer and Gomes v Government of Trinidad and Tobago [2007] EWHC 2012 (Admin) (22 August 2007)
Breckon v DPP [2007] EWHC 2013 (Admin) (22 August 2007)
High Court (Technology and Construction Court)
Dobson & Ors v Thames Water Utilities Ltd & Anor [2007] EWHC 2021 (TCC) (24 August 2007)
Source: www.bailii.org
Solicitor’s legal aid duty
David Truex (a Firm) v Kitchin
Court of Appeal
“A solicitor should not take instructions and incur costs gathering information relating to contemplated proceedings and only when that information suggested that the client was eligible for public funding advise that a different firm could become involved.”
The Times, 29th August 2007
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.
Policy restricted powers
Regina (NA (Iraq)) v Secretary of State for Foreign and Commonwealth Affairs and Others
Court of Appeal
“Instructions to entry clearance officers that S-series passports were no longer acceptable as evidence of identity and nationality amounted to an unlawful restriction on their powers to decide in individual cases whether such a passport met requirements.”
The Times, 29th August 2007
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.
Business doomed to failure
Court of Appeal
“Any loss caused by a solicitor’s negligence in wrongly advising his client that he was in default under a loan agreement with his bank was to be assessed on the date of the breach of duty. A claimant client who had no chance, on the facts, of trading himself out of his difficulties even had the solicitor not behaved negligently, was not entitled to more than nominal damages against the solicitor.”
The Times, 29th August 2007
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.
Death not ‘adverse effect’
Regina (British Union for the Abolition of Vivisection) v Secretary of State for the Home Department
Queen’s Bench Division
“The death of an animal used in a regulated procedure for scientific experimentation was not an adverse effect which needed to be taken into account when deciding whether to grant a licence for such experiments. Rather, the statutory scheme governing such licences was concerned with the pain and suffering which animals might experience before death.”
The Times, 27th August 2007
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.
Challenging deportation decisions quickly
Regina (Madan) v Secretary of State for the Home Department; Regina (Kapoor) v Same
Court of Appeal
“Applications for judicial review of deportation decisions had to be made promptly. The Court of Appeal so stated in a reserved judgment following a hearing of applications in judicial review proceedings by Harmit Singh Madan and Barat Kapoor for permission to appeal against the refusal by Mr Justice Mitting on June 26, 2007 to grant injunctions to prevent their removal to Afghanistan.”
The Times, 27th August 2007
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.
Judicial review not available
Regina (F (Mongolia)) v Secretary of State for the Home Department
Court of Appeal
“Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision. ”
The Times, 28th August 2007
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.
Landlord discriminated against disabled tenant
Lewisham London Borough Council v Malcolm
Court of Appeal
“A landlord who served a notice to quit on a secure tenant who had unlawfully sublet his premises and who was a disabled person unlawfully discriminated against the tenant.”
The Times, 28th August 2007
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.
Foreign judgment claim
Tasarruf Mevduati Sigorta Fonu v. Demirel and Another
Court of Appeal
“A claimant did not have to establish that a defendant had assets within the jurisdiction in order to obtain permission to serve a claim out of the jurisdiction to enforce a foreign judgment.”
The Times, 24th August 2007
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.
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