Category: law reports

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

BAILII: Recent Decisions

Posted August 7th, 2007 in law reports by sally

Court of Appeal (Civil Division)

McAdie v Royal Bank of Scotland [2007] EWCA Civ 806 (31 July 2007)

IFE Fund SA v Goldman Sachs International [2007] EWCA Civ 811 (31 July 2007)

Massey v Unifi [2007] EWCA Civ 800 (31 July 2007)

Deadman v Bristol City Council [2007] EWCA Civ 822 (31 July 2007)

EB (Ethiopia) v Secretary of State for the Home Department [2007] EWCA Civ 809 (31 July 2007)

AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801 (31 July 2007)

Somerset County Council v DFM (The Father) & Anor [2007] EWCA Civ 810 (31 July 2007)

Wittmann (UK) Ltd v Willdav Engineering SA [2007] EWCA Civ 824 (31 July 2007)

Fudge, R (on the application of) v South West Strategic Health Authority & Ors [2007] EWCA Civ 803 (31 July 2007)

Wolman v London Borough of Islington & Anor [2007] EWCA Civ 823 (31 July 2007)

JN (Uganda) v Secretary of State for the Home Department [2007] EWCA Civ 802 (31 July 2007)

Horner, R (on the application of) v Lancashire County Council & Anor [2007] EWCA Civ 784 (30 July 2007)

R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors [2007] EWCA Civ 807 (30 July 2007)

MT (Algeria) & Ors v Secretary of State for the Home Department Rev 1 [2007] EWCA Civ 808 (30 July 2007)

A, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 804 (30 July 2007)

Ashworth v Newnote Ltd [2007] EWCA Civ 793 (27 July 2007)

Chaudhary v Secretary of State for Health [2007] EWCA Civ 789 (27 July 2007)

Swords v Secretary of State for Communities and Local Government & Ors [2007] EWCA Civ 795 (27 July 2007)

Mediterranean Shipping Company SA v Trafigura Beheer BV & Anor [2007] EWCA Civ 794 (27 July 2007)

Welsh v Stokes & Anor Rev 1 [2007] EWCA Civ 796 (27 July 2007)

Source: www.bailii.org

Persaud v. State of Trinidad and Tobago – Times Law Reports

Posted August 7th, 2007 in evidence, joint liability, law reports by sally

Limiting out-of-court statements

Persaud v. State of Trinidad and Tobago

“The exception to the rule that out-of-court statements made by one defendant were inadmissible against a codefendant applied only where the defendants were being tried for an offence for which they were jointly liable.”

The Times, 7th 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.

In re F (Children) (Declaration of paternity) – Times Law Reports

Posted August 6th, 2007 in law reports, paternity by sally

Telling child its true paternity

In re F (Children) (Declaration of paternity)

“The family justice system was entitled to take responsibility for deciding whether a child should be told of his paternity, in the event of adult dispute.”

The Times, 6th 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 v. Kulah – Times Law Reports

Posted August 6th, 2007 in law reports, sentencing by sally

Judge might bind himself

Regina v. Kulah

“A judge who had given an indication of the maximum sentence he had in mind on a guilty plea might find himself bound by the dangerous offender provisions to impose a sentence which was qualitatively different from the indication he had given.”

The Times, 6th 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.

ASM Shipping Ltd of India v. Harris and Others – Times Law Reports

Posted August 6th, 2007 in arbitration, bias, law reports by sally

Arbitrators not tainted by association

ASM Shipping Ltd of India v Harris and Others

“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”

The Times, 6th 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, 2nd August 2007

Posted August 3rd, 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 Secretary

R v Cemex Cement Ltd

Daily Telegraph, 2nd August 2007

Source: www.telegraph.co.uk

Gibson v Government of the United States of America – Times Law Reports

Posted August 3rd, 2007 in extradition, jurisdiction, law reports, precedent by sally

Board can depart from its own decisions

Gibson v. Government of the United States of America

Privy Council

“The principle of stare decisis was not absolute and the Privy Council could exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect.”

The Times, 3rd 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 (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted August 3rd, 2007 in asylum, human rights, law reports, torture by sally

Asylum Act provision is incompatible

Regina (Nasseri) v. Secretary of State for the Home Department

Queen’s Bench Division

“An absolute bar preventing the Secretary of State for the Home Department from considering whether certain countries would return asylum-seekers in contravention of their human rights was incompatible with the right to not be subjected to torture or inhuman or degrading treatment or punishment.”

The Times, 3rd 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
 

MT and Others (Algeria) v Secretary of State for the Home Department – Times Law Reports

Posted August 3rd, 2007 in deportation, law reports, refugees, torture by sally

Closed material can be used in appeals against deportation

MT and Others (Algeria) v. Secretary of State for the Home Department

Court of Appeal

“When a person appealed against an order for deportation because he feared torture or ill-treatment in his home state, in scrutinising the case, the Special Immigration Appeals Commission was entitled to take into account closed as well as open material.”

The Times, 3rd 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 Montgomery – WLR Daily

Posted August 2nd, 2007 in escape from custody, law reports, prisons by sally

R v Montgomery 

“Where a prisoner who was on temporary release from prison pursuant to r 9 of the Prison Rules 1999 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.”

WLR Daily, 2nd 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.

R v Cottrell; R v Fletcher [2007] EWCA Crim 2016 – WLR Daily

Posted August 2nd, 2007 in appeals, Criminal Cases Review Commission, law reports by sally

R v Cottrell; R v Fletcher [2007] EWCA Crim 2016 

“The Criminal Cases Review Commission should not normally refer a conviction 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.” 

WLR Daily, 2nd 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.

R v Ukpabio – WLR Daily

Posted August 2nd, 2007 in law reports, live link evidence, trials by sally

R v Ukpabio

“There is no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that a defendant can give evidence at his trial by live video link; however, in exceptional circumstances where it is appropriate for the defendant not to be present in court, there is power to direct that he can participate in his trial by other means such as live video link.“

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.

Edwards v Government of the United States of America – WLR Daily

Posted August 2nd, 2007 in computer crime, extradition, law reports by sally

 Edwards v Government of the United States of America [2007] EWHC 1877 (Admin)

“In deciding whether there was dual criminality under the Extradition Act 2003, the domestic court was confined to the facts alleged in the offence specified in the extradition request.”

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.

In re Officer L and others – WLR Daily

Posted August 2nd, 2007 in anonymity, law reports, witnesses by sally

In re Officer L and others

“On an application by potential witnesses for anonymity a tribunal of inquiry had posed the correct test, under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, of whether a pre-existing risk of death would be materially increased if the witnesses were required to give evidence without anonymity.”

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.

Chaudhry v Revenue and Customs Commissioners – Times Law Reports

Posted August 2nd, 2007 in law reports, VAT by sally

Late appeal is no defence to failing to give VAT security

Chaudhry v Revenue and Customs Commissioners

Queen’s Bench Division

“The lodging of a late appeal to a value-added tax tribunal provided no defence to a charge of continuing to supply goods or services after receipt from the Revenue and Customs of a notice requiring payment of a security.”

The Times, 2nd 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

In re W (Children) (Permission to appeal) – Times Law Reports

Posted August 2nd, 2007 in appeals, contact orders, law reports, residence orders by sally

Family jurisdiction role of the Court of Appeal explained

In re W (Children) (Permission to appeal)

Court of Appeal

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”

The Times, 2nd 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

In re Officer L and Others – Times Law Reports

Posted August 1st, 2007 in anonymity, law reports, witnesses by sally

When tribunal witness requests anonymity

In re Officer L and Others

House of Lords

“On an application by potential witnesses for anonymity at a public inquiry, the appropriate test was whether a preexisting risk of death to the witness would be materially increased if he were required to give evidence without anonymity.”

The Times, 1st 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.