Daily Telegraph Law Reports, 6th September 2007
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.
Category: law reports
Regina v Montgomery – Times Law Report
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.
Regina v Ukpabio – Times Law Reports
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.
Regina v Cottrell; Regina v Fletcher – Times Law Reports
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.
Regina (A) v Secretary of State for the Home Department – Times Law Reports
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.
In re Leeds United Association Football Club Ltd – Times Law Reports
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.
Christie v Department for Constitutional Affairs and Another – Times Law Reports
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.
BAILII: Recent Decisions
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
David Truex (a Firm) v Kitchin – Times Law Reports
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.
Regina (NA (Iraq)) v Secretary of State for Foreign and Commonwealth Affairs and Others – Times Law Reports
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.
Veitch and Another v Avery – Times Law Reports
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.
Regina (British Union for the Abolition of Vivisection) v Secretary of State for the Home Department – Times Law Reports
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.
Regina (Madan) v Secretary of State for the Home Department; Regina (Kapoor) v Same – Times Law Reports
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.
Regina (F (Mongolia)) v Secretary of State for the Home Department – Times Law Reports
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.
Lewisham London Borough Council v Malcolm – Times Law Reports
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.
Tasarruf Mevduati Sigorta Fonu v. Demirel and Another – Times Law Reports
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.
Secretary of State for Work and Pensions v. Morina; Same v. Borrowdale – Times Law Reports
Court can hear appeal on jurisdiction point
Secretary of State for Work and Pensions v. Morina; Same v Borrowdale
Court of Appeal
“The Court of Appeal could determine an appeal by the Secretary of State for Work and Pensions on the Social Security Commissioner’s jurisdiction to hear an appeal from a legally qualified panel member of the Social Security Appeal Tribunal where the commissioner had accepted jurisdiction but had dismissed the appeal on the merits.”
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.
Raja v. Van Hoogstraten (No 9) – Times Law Reports
Prejudiced party can make claim
Chancery Division
“Where the court had set aside an irregularly made order, but on grounds other than that the order had been irregularly obtained, it was open to a party prejudiced by the making of the order to claim, at a later stage, that the order had been irregularly obtained.”
The Times, 23rd 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 (Donnachie) v. Cardiff Magistrates’ Court – Times Law Reports
Final determination can be challenged
Regina (Donnachie) v. Cardiff Magistrates’ Court
Queen’s Bench Divisional Court
“A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.”
The Times, 22nd 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.
Turner and Another v. Avis – Times Law Reports
Trustee gets former wife’s home
Court of Appeal
“Equity jurisdiction enabled a trustee in bankruptcy to enforce a trust for sale of a matrimonial home held jointly by the bankrupt and his former wife under a property adjustment order made more than twenty years ago.”
The Times, 22nd 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.
