Category: law reports
Director of Public Prosecutions v. Haw – WLR Daily
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
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
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
“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
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)
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)
High Court (Commercial Court)
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)
High Court (Family Division)
LM, Re [2007] EWHC 1902 (Fam) (01 August 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
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)
Edwards v Government of USA [2007] EWHC 1877 (Admin) (31 July 2007)
Croatia v Spanovic [2007] EWHC 1770 (Admin) (27 July 2007)
Martin v Legal Services Commission [2007] EWHC 1786 (Admin) (27 July 2007)
Source: www.bailii.org
BAILII: Recent Decisions
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)
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)
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)
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
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
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
Judge might bind himself
“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
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.
Gibson v Government of the United States of America – Times Law Reports
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
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
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
“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
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
“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.