law reports – Page 328 – Current Awareness

R v Bassett – WLR Daily

Posted May 21st, 2008 in law reports, voyeurism by sally

R v Bassett; [2008] WLR (D) 157

“For an offence of voyeurism to be committed, within the definition in s 67 of the Sexual Offences Act 2003, there had to be a private act which involved parts of the body for which people would normally expect privacy, as defined by s 68(1). Casual observation by other changing room users created no offence of voyeurism, even if those persons gained sexual gratification from what they saw. Although those using the showers at a public swimming pool had a reasonable expectation of privacy from covert filming, there was no reasonable expectation that a man should enjoy privacy of his upper torso, since “breasts” in the Act referred to female breasts and not the exposed male chest.”

WLR Daily, 20th May 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 May 20th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Flynn & Anor, R v [2008] EWCA Crim 970 (02 May 2008)

Court of Appeal (Civil Division)

B v B [2008] EWCA Civ 483 (12 May 2008)

G, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1096 (20 May 2008)

W (Children) [2008] EWCA Civ 538 (20 May 2008)

TH v RB [2008] EWCA Civ 539 (20 May 2008)

SB v County Council [2008] EWCA Civ 535 (20 May 2008)

Romantiek Transport BVba & Ors v Vehicle and Operator Services Agency [2008] EWCA Civ 534 (16 May 2008)

High Court (Chancery Division)

Burdale Financial Ltd v Agilo Master Fund Ltd [2008] EWHC 1103 (Ch) (19 May 2008)

High Court (Queen’s Bench Division)

Leeson v Marsden & Anor [2008] EWHC 1011 (QB) (13 May 2008)

High Court (Administrative Division)

Catt, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 1042 (Admin) (25 April 2008)

Wood v Director of Public Prosecutions [2008] EWHC 1056 (Admin) (14 May 2008)

G, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin) (20 May 2008)

Koo Golden East Mongolia (A Body Corporate) v Bank of Nova Scotia & Ors [2008] EWHC 1120 (Admin) (20 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC (Sued As Divysio Solutions ULC In HC 06 C 02440) [2008] EWHC 1083 (Pat) (13 May 2008)

Source: www.bailii.org

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency – WLR Daily

Posted May 20th, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534; [2008] WLR (D) 156

“A Community authorisation granted by a member state within Council Regulation (EEC) No 3118/93, which entitled a road haulage carrier to operate on a temporary basis national road haulage services in another member state (‘cabotage’), did not have the effect of enabling such a carrier to operate permanently in the UK without a current UK licence pursuant to s 2 of the Goods Vehicles (Licensing of Operators) Act 1995.”

WLR Daily, 19th May 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.

Corporate Officer of the House of Commons v Information Commissioner and others – WLR Daily

Posted May 20th, 2008 in expenses, freedom of information, law reports, parliament by sally

Corporate Officer of the House of Commons v Information Commissioner and others [2008] EWHC 1084 (Admin); [2008] WLR (D) 155

“The obligation to provide information for disclosure pursuant to s 1(1) of the Freedom of Information Act 2000 was distinct from and not limited by the obligation to provide information for disclosure in a publication scheme pursuant to s 19 of that Act. Members of Parliament could not expect to contract out of compliance with the freedom of information legislation nor expect the House of Commons, for its own purposes, to suspend or dispense with legislation without expressly amending or repealing it. Details of a member’s residential address did not benefit from exemption under s40 of the 2000 Act and disclosure was justified in accordance with para 6(1) of Schedule 2 to the Data Protection Act 1998 where it was ordered as part of a disclosure of information concerning a deeply flawed system of payment of members’ expenses.”

WLR Daily, 19th May 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.

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 20th, 2008 in asylum, human rights, law reports by sally

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

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 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.

Moran v Manchester City Council – Times Law Reports

Posted May 20th, 2008 in homelessness, law reports by sally

Moran v Manchester City Council

Court of Appeal

“Two women, who had been made homeless unintentionally when they fled to women’s reguges from domestic violence, became homeless intentionally when they were evicted from the refuges as a result of their own misconduct.”

The Times, 20th May 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 May 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

LSA, R. v [2008] EWCA Crim 1034 (16 May 2008)

Court of Appeal (Civil Division)

Romantiek Transport BVba & Ors v Vehicle and Operator Services Agency [2008] EWCA Civ 534 (16 May 2008)

High Court (Queen’s Bench Division)

Carter & Ors v The Chief Constable of the Cumbria Police [2008] EWHC 1072 (QB) (15 May 2008)

Source: www.bailii.org

S-H v Kingston upon Hull City Council and another – WLR Daily

Posted May 19th, 2008 in adoption, law reports by sally

S-H v Kingston upon Hull City Council and another [2008] EWCA Civ 493; [2008] WLR (D) 154

“When deciding whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the court should ask itself the question whether, in all the circumstances, including the parent’s prospect of success in securing revocation and the child’s interests, leave should be given.”

WLR Daily, 16th May 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.

Jennings v Crown Prosecution Service – WLR Daily

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153

“Orders for the confiscation criminal assets, or orders restraining the disposal of property pending the hearing of a confiscation order, were to be made in respect of property which the person had actually obtained, not property he had merely helped others to obtain.”

WLR Daily, 16th May 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 v Green – WLR Daily

Posted May 19th, 2008 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Green [2008] UKHL 30; [2008] WLR (D) 152

“The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th May 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 v May – WLR Daily

Posted May 19th, 2008 in confiscation, law reports, proceeds of crime by sally

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th May 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.

Jennings v Crown Prosecution Service – Times Law Reports

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service

House of Lords

“Confiscation orders, or restraint of property orders pending the making of such orders, were to be made in respect of property which the person had actually obtained, not that he had merely helped others to obtain.”

The Times, 19th May 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 Davies (Gareth) – Times Law Reports

Posted May 19th, 2008 in law reports, murder, sentencing, standard of proof by sally

Regina v Davies (Gareth)

Court of Appeal (Criminal Division)

“A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict.”

The Times, 19th May 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 Green – Times Law Reports

Posted May 19th, 2008 in law reports by sally

Regina v Green

House of Lords

“The Drug Trafficking Act 1994, in giving effect to the United Kingdom’s obligations under the Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime 1993, fell to be construed without regard to legislation in other countries which had chosen to give effect to those obligations in a different way.”

The Times, 19th May 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 May 16th, 2008 in law reports by sally

High Court (Administrative Court)

Corporate Officer of the House of Commons v The Information Commissioner & Ors [2008] EWHC 1084 (Admin) (16 May 2008)

Risk Management Partners Ltd v The London Borough of Brent [2008] EWHC 1094 (Admin) (16 May 2008)

The Director of the Assets Recovery Agency v Gale & Ors [2008] EWHC 1095 (Admin) (16 May 2008)

High Court (Technology and Construction Court)

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Uk Productions) [2008] EWHC 1087 (TCC) (16 May 2008)

Source: www.bailii.org

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 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.

Regina v Nguyen – Times Law Reports

Posted May 16th, 2008 in bad character, evidence, law reports by sally

Regina v Nguyen

Court of Appeal (Criminal Division)

“Where the Crown chose to rely on relevant bad character evidence which it had decided not to make the subject of a criminal charge, that could not have such an adverse effect on the fairness of the proceedings that the court ought not to admit such evidence.”

The Times, 16th May 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 Kempster – Times Law Reports

Posted May 16th, 2008 in evidence, forensic science, law reports by sally

Regina v Kempster

Court of Appeal (Criminal Division)

“Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched.”

The Times, 16th May 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.