Expert’s report in context
Regina (A) v. Liverpool City Council
Queen’s Bench Division
“A local authority determining the age of an applicant claiming to be a child had to have regard to the whole context and not just rely on a single expert dental report.”
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.
R(A) v. Secretary of State for the Home Department
“The Secretary of State had not acted unlawfully in continuing to detain pending removal a failed asylum seeker who, having served a sentence of imprisonment for rape, was considered to be a risk to the public and highly likely to abscond. The period of detention was not unreasonable in the circumstances and where the detainee had refused to return voluntarily and no means were available for his enforced return.”
WLR Daily, 30th 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.
“When considering whether an applicant was at risk of torture or ill-treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if deported to his home state on the ground of national security the Special Immigration Appeals Commission (‘SIAC”’ was entitled to have regard to closed as well as open material in scrutinising the case under the statutory scheme. A person who had been recognised as a refugee could lose his status under art 1F(c) of the Convention and Protocol relating to the Status of Refugees if he were guilty of acts contrary to the purposes and principles of the United Nations after recognition.”
WLR Daily, 30th 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 (Donnachie) v. Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)
“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”
WLR Daily, 27th 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 v. Cole; R v. Keets [2007] EWCA Crim 1924
“The hearsay evidence of a witness who was not available at trial was admissible even if it was the sole or the decisive evidence against a defendant if that was compatible with a fair trial.”
WLR Daily, 30th 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 Times Newspapers Ltd and others [2007] EWCA Crim 1925
“A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”
WLR Daily, 30th 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.
Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799
“The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”
WLR Daily, July 30th 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.
McLaughlin v Governor of the Cayman Islands [2007] UKPC 50
“When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”
WLR Daily, 30th 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.
“The Society of Lloyd’s was not a “public officer” for the purposes of the tort of misfeasance in public office.”
WLR Daily, 30th 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.
Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35
“A husband who provided his services to the market via a private company which his wife co-owned, thus distributing his earned income between them both via dividend, was not liable to tax on the income transferred to the wife, pursuant to section 660A of the Income and Corporation Taxes Act 1988, provided the wife’s shares in the company were ordinary shares which carried a right to more than just income.”
WLR Daily, 30th 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.
Contempt warning about speculation in press
In re Times Newspapers Ltd and Others
Court of Appeal
“A judge in a criminal trial could prohibit the publication of a question-and answer-exchange that took place in open court when it should have occurred in camera. The publication of speculation as to the content of evidence that was given in camera could amount to a contempt of court.”
The Times, 31st July 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.
Livelihood condition for succeeding tenant
Queen’s Bench Division
“On an application by a nominated successor for a direction that she became the tenant of an agricultural holding, she did not have to satisfy the livelihood condition by reference to five of the seven years ending with the date of the tribunal hearing as well as by reference to the date of the retirement notice.”
The Times, 30th July 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.
Challenge to bias must be made immediately
Steadman-Byrne v Amjad and Others
Court of Appeal
“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”
The Times, 30th July 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.
Disparity reference to ECJ
Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs
Court of Appeal
“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”
The Times, 30th July 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.
Trustee Solutions Ltd. and others v. Dubery and another [2007] EWCA 771
“On a true construction of s73(3)(b) of the 1995 Act the members of a pension scheme who had the right to retire at 60 in respect of any part of their service, and who were aged between 60 and 64 on the date that the scheme commenced winding up, fell within the provision; but not in respect of pension or other benefits accrued by service to which a normal retirement date at the age of 65 applied.”
WLR Daily, 26th 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.
“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”
WLR Daily, 26th 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 (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888
“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”
WLR Daily, 26th July 2007
Source: www.lawreports.co.uk
Please note once a case has bee fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re W (Children) (Permission to 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 order was ‘plainly wrong’.”
WLR Daily, 26th 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.
No sick pay for short-term agency worker
Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties
“An agency worker who had entered into a contract of service for a period of less than three months was not entitled to statutory sick pay.”
The Times, 27th July 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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