Director of Assets Recovery Agency v Szepietowski and Others (No 2) – Times Law Reports

Posted August 21st, 2007 in assets recovery, law reports, proceeds of crime by sally

Proving assets obtained by unlawful conduct

Director of Assets Recovery Agency v Szepietowski and Others (No 2)

Court of Appeal

“On an application for an interim receiving order, the Director of the Assets Recovery Agency had to show that a criminal offence was committed and the property to be recovered was obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”

The Times, 21st 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.

Regina (Gulliver) v. Parole Board – Times Law Reports

Posted August 20th, 2007 in law reports, parole by sally

Parole Board responsibility

Regina (Gulliver) v. Parole Board

Court of Appeal

“When a prisoner who had been released on licence was recalled to prison, in deciding whether or not to order his release, the Parole Board was entitled to take into account all the circumstances, and was not confined to a review of the breach of the licence condition for which the Secretary of State for Justice had ordered his recall.”

The Times, 20th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Time Online for 21 days from the date of publication.

Wolman v. Islington London Borough Council and Another – Times Law Reports

Posted August 20th, 2007 in law reports, parking by sally

Irrelevance of ‘on’ or ‘over’

Wolman v. Islington London Borough Council and Another

Court of Appeal

“It was an offence in Greater London to park a motorcycle on its stand on the pavement with its body and one or both of its wheels on or over the pavement.”

The Times, 20th 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.

Regina (Southwark Law Centre) v. Legal Services Commission – Times Law Reports

Posted August 20th, 2007 in law reports, legal aid by sally

‘Net rent payable’ is not the same as rent paid

Regina (Southwark Law Centre) v Legal Services Commission; Regina (Dennis) v Same

Queen’s Bench Division

“Where a calculation of disposable income was being carried out for the purposes of assessing a person’s entitlement to publicly funded legal representation, the net rent payable by that person had to be taken into account rather than the net rent actually paid.”

The Times, 20th 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.

R v. Hamilton – WLR Daily

Posted August 20th, 2007 in law reports, outraging public decency by sally

R v. Hamilton [2007] EWCA Crim 2062

“The ‘two person rule’ applicable to the offence of outraging public decency contrary to common law was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”

WLR Daily, 16th August 2007

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 August 15th, 2007 in law reports by sally

High Court (Queen’s Bench Division)

AB & Ors v British Coal Corporation (Rulings appended) [2007] EWHC 1948 (QB) (13 August 2007)

Ab & Ors v Small Mines – and – UK Coal [2007] EWHC 1939 (QB) (13 August 2007)

Source: www.bailii.org

Hawkes v. Cuddy and Others – Times Law Reports

Declaration of criminality made in civil proceedings

Hawkes v. Cuddy and Others

Chancery Division 

“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”

The Times, 14th 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.

Regina (Bennett) v. Inner South London Coroner, Officers A and B and Commissioner of Police of the Metropolis, interested parties – Times Law Reports

Posted August 13th, 2007 in coroners, juries, law reports by sally

Whether jury can be trusted

Regina (Bennett) v Inner South London Coroner, Officers A and B and Commissioner of Police of the Metropolis, interested parties

“While facts were for the jury, coroners were entitled to consider whether it was safe to leave a particular verdict on the evidence to the jury.”

The Times, 13th August 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. P Ltd. and Another – Times Law Reports

Posted August 13th, 2007 in health & safety, law reports by sally

Ingredients of safety at work offence by officer

Regina v P Ltd and Another

“An offence was committed by an officer of a body corporate which broke health and safety laws through his behaviour if he either knew of the relevant facts giving rise to the offence, or if he did not know, should by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place.”

The Times, 13th 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.

Regina (Singh) v. Stratford Magistrates Court – Times Law Reports

Posted August 13th, 2007 in guardianship, judicial review, law reports, mental health by sally

No entitlement to trial

Regina (Singh) v Stratford Magistrates Court

“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”

The Times, 13th 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.

Alzheimer’s: judgment in full – The Times

Posted August 10th, 2007 in law reports, medicines, mental health by sally

Eisai Ltd v NICE [2007] EWHC 1941 (Admin)

The Times, 10th August 2007

Source: www.timesonline.co.uk

Jones v. Garnett (Inspector of Taxes) – Times Law Reports

Posted August 10th, 2007 in dividends, income tax, law reports, married persons, small businesses by sally

Husband not liable for tax on his wife’s private dividend

Jones v. Garnett (Inspector of Taxes)

House of Lords

“A spouse who used a private company to transfer some of his earned income to the other spouse was not liable to pay tax on that income, provided the other spouse’s shares in the company were ordinary shares which carried a right to more than mere income.”

The Times, 9th 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.

Daily Telegraph Law Reports, 9th August 2007

Posted August 9th, 2007 in law reports by sally

R (Swami Suryananda) v. Welsh Ministers

R (Playfoot) v. Millais School Governing Body

North v. North

Software Cellular Network Ltd. v. T-Mobile (UK) Ltd.

R (JL) v. Home Secreatary

R v. Cemex Cement Ltd.

Daily Telegraph, 9th August 2007

Source: www.telegraph.co.uk

Director of Public Prosecutions v. Haw – WLR Daily

Posted August 8th, 2007 in demonstrations, law reports, police by sally

Director of Public Prosecutions v. Haw

“The statutory power available to the Commissioner of Police of the Metropolis to impose conditions on authorisations for demonstrations in the vicinity of Parliament could be delegated.

WLR Daily, 6th August 2007

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.

Hawkes v. Cuddy and others – WLR Daily

Hawkes v. Cuddy and others [2007] EWHC 1935 (Ch)

“The court had jurisdiction to grant a declaration on a petition brought under s 459 of the Companies Act 1985 where the unfair prejudice relied on was caused by the alleged contravention of s 216 of the Insolvency Act 1986 by a director of a company in liquidation who had become the director of another company that was known by a prohibited name.”

WLR Daily, 31st July 2007

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.

In re LM (Reporting restrictions: Coroner’s inquest) – WLR Daily

Posted August 8th, 2007 in inquests, law reports, reporting restrictions by sally

In re LM (Reporting restrictions: Coroner’s inquest) [2007] EWHC 1902 (Fam)

“The press would be permitted to report details of a surviving child’s parents and deceased siblings at an inquest into the death of one of the siblings.”

WLR Daily, 1st August 2007

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.

Director of Assets Recovery Agency v. Szepietowski and others – WLR Daily

Posted August 8th, 2007 in assets recovery, law reports, proceeds of crime by sally

Director of Assets Recovery Agency v. Szepietowski and others

“On an application for an interim receiving order under s 246 of the Proceeds of Crime Act 2002 the Director of the Assets Recovery Agency had to establish a good arguable case that the property to be recovered or other property it represented had been obtained by unlawful conduct. It was sufficient to show that a criminal offence had been committed and the property had been obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”

WLR Daily, 24th July 2007

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 (JL (by the Official Solicitor as litigation friend)) v. Secretary of State for the Home Department – WLR Daily

Posted August 8th, 2007 in human rights, law reports, suicide, young offenders by sally

R (JL (by the Official Solicitor as litigation friend)) v. Secretary of State for the Home Department  

“Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.”

WLR Daily, 24th July 2007

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 August 8th, 2007 in law reports by sally

High Court (Chancery Division)

Parti v Aysha Hamad Nassir Sabah Al-Nassir Al Sabah & Ors [2007] EWHC 1869 (Ch) (31 July 2007)

Tomy UK Ltd v HM Revenue & Customs [2007] EWHC 1889 (Ch) (31 July 2007)

Vellacott v The Convergence Group Plc & Ors [2007] EWHC 1774 (Ch) (31 July 2007)

Albon (t/a NA Carriage Co) v Naza Motor Trading Sdn Bhd & Anor (No 4) [2007] EWHC 1879 (Ch) (31 July 2007)

Walker v Inter-Alliance Group Plc & Anor [2007] EWHC 1858 (Ch) (31 July 2007)

Raja v Van Hoogstraten & Ors [2007] EWHC 1743 (Ch) (26 July 2007)

Sinclair Gardens Investments (Kensington) Ltd v Poets Chase Freehold Company Ltd [2007] EWHC 1776 (Ch) (26 July 2007)

High Court (Commercial Court)

Golden Fleece Maritime Inc & Anor v ST Shipping & Transport Inc [2007] EWHC 1890 (Comm) (02 August 2007)

Starlight Shipping Co & Anor v Tai Ping Insurance Co Ltd (Hubei Branch) & Anor Rev 1 [2007] EWHC 1893 (Comm) (01 August 2007)

Loon Energy Inc & Anor v Integra Mining & Ors [2007] EWHC 1876 (Comm) (31 July 2007)

Stone & Rolls Ltd v Moore Stephens (a firm) [2007] EWHC 1826 (Comm) (27 July 2007)

OAO Northern Shipping Company v Remolcadores De Marin SL (Remmar) [2007] EWHC 1821 (Comm) (26 July 2007)

High Court (Family Division)

LM, Re [2007] EWHC 1902 (Fam) (01 August 2007)

Greater Manchester Chief Constable v KI & Anor (Children) & Ors [2007] EWHC 1837 (Fam) (26 July 2007)

MM v VM [2007] EWHC 1820 (Fam) (26 July 2007)

High Court (Queen’s Bench Division)

Wells v The Parole Board & Anor [2007] EWHC 1835 (QB) (31 July 2007)

Spencer v Secretary of State for Work and Pensions [2007] EWHC 1775 (QB) (27 July 2007)

Long Beach Ltd & Anor v Global Witness Ltd [2007] EWHC 1816 (QB) (26 July 2007)

Hazlewood Grocery Ltd v Lion Foods Ltd [2007] EWHC B5 (QB) (26 July 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 7th, 2007 in law reports by sally

Court of Appeal (Criminal Division) 

Serious Fraud Office v A [2007] EWCA Crim 1927 (02 August 2007)

Cottrell, R v [2007] EWCA Crim 2016 (31 July 2007)

Abdi, R v [2007] EWCA Crim 1913 (31 July 2007)

Devani, R v [2007] EWCA Crim 1926 (30 July 2007)

Times Newspapers Ltd. & Ors v R. [2007] EWCA Crim 1925 (30 July 2007)

Saleem, R. v [2007] EWCA Crim 1923 (27 July 2007)

Rafferty v R [2007] EWCA Crim 1898 (26 July 2007)

El-Kurd & Ors, R v [2007] EWCA Crim 1888 (26 July 2007)

High Court (Administrative Court)

Kelly, R (on the application of) v Warley Magistrates Court & Anor [2007] EWHC 1836 (Admin) (31 July 2007)

Corby Borough Council, R (on the application of) v Secretary of State for Communities and Local Government [2007] EWHC 1873 (Admin) (31 July 2007)

Edwards v Government of USA [2007] EWHC 1877 (Admin) (31 July 2007)

Pajaziti & Anor, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 1874 (Admin) (31 July 2007)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin) (27 July 2007)

Croatia v Spanovic [2007] EWHC 1770 (Admin) (27 July 2007)

Martin v Legal Services Commission [2007] EWHC 1786 (Admin) (27 July 2007)

C and S v Special Education Needs and Disability Tribunal & Anor [2007] EWHC 1812 (Admin) (26 July 2007)

Source: www.bailii.org