Current Awareness

McGrath and Others v Riddell and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

House of Lords

“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”

The Times, 11th April 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Analysis: what next after High Court ruling on BAE? – The Times

Posted April 11th, 2008 in attorney general, corruption, Saudi Arabia, special report by sally

“When Tony Blair, as Prime Minister, approached the Attorney-General, Lord Goldsmith, QC, to argue the case for the dropping of the corruption investigation into the BAE arms deal, he insisted that it was a matter ultimately for the Government’s chief law officer. But — justifying his approach — Mr Blair said that this was the ‘clearest case for intervention in the public interest he had seen’.”

The Times, 10th April 2008

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 2008

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person’s right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at real risk of being tried on evidence obtained by torture.”

WLR Daily, 10th April 2008

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24; [2008] WLR (D) 102

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24 – WLR Daily

Posted April 11th, 2008 in abuse of process, law reports, retrials, Trinidad & Tobago by sally

“The Court of Appeal might order the retrial of a defendant whose conviction was quashed on the grounds of apparent bias if the defendant had been properly charged and brought before the court without any violation of the rule of law and a fair retrial before a different judge was possible.”

WLR Daily, 10th April 2008

McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McGrath and others v Riddell and another [2008] UKHL 21 – WLR Daily

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

“If the country of the principal winding up of an insolvent company was a designated ‘relevant country’ for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators for distribution according to the foreign law even if, under that law, there would be a class of preferential creditors who would not have had priority under English insolvency law.”

WLR Daily, 10th April 2008

R (Gentle and another) v Prime Minister and others [2008] UKHL 20

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Gentle and another) v Prime Minister and others [2008] UKHL 20 – WLR Daily

Posted April 11th, 2008 in armed forces, human rights, international law, Iraq, law reports, war by sally

“Art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provided that “everyone’s right to life shall be protected by law”, did not place the Government under a duty to members of the armed forces and their families to hold a public inquiry into whether it had obtained adequate legal advice on the lawfulness under international law of the invasion of Iraq.”

WLR Daily, 10th April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SFO ‘acted unlawfully’ by dropping BAE probe – The Times

Posted April 10th, 2008 in bribery, news, Saudi Arabia by sally

“The Serious Fraud Office (SFO) ‘acted unlawfully’ when it dropped an investigation into bribery and corruption in arms deals between BAE systems, Europe’s largest defence company, and Saudi Arabia, the High Court ruled today.”

The Times, 10th April 2008

MA (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 304 (09 April 2008)

BAILII: Recent Decisions

Posted April 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

SS (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 310 (10 April 2008)

Arriva Trains Northern Ltd v Eaglen [2008] EWCA Civ 352 (10 April 2008)

High Court (Administrative Court)

Ahsan, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 666 (Admin) (10 April 2008)

Corner House Research & Campaign Against Arms Trade, R (on the application of) v Director of the Serious Fraud Office & Anor [2008] EWHC 714 (Admin) (10 April 2008)

Source: www.bailii.org

TV presenter wins damages for affair reports – The Independent

Posted April 10th, 2008 in defamation, news by sally

“GMTV presenter Kate Garraway accepted substantial undisclosed libel damages today over allegations that she betrayed her husband by having an affair with Strictly Come Dancing partner Anton Du Beke.”

The Independent, 10th April 2008

Source: www.independent.co.uk

One lord leaping on the government’s IT flaws – The Guardian

Posted April 10th, 2008 in computer crime, internet, news by sally

“Lord Erroll, Secretary to the All Party Internet Group in the Lords, is a leading light in the movement to protect our security online.”

The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008

The Guardian, 10th April 2008

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted April 10th, 2008 in legislation by sally

The Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008

The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008

The River Humber (Upper Burcom Tidal Stream Generator) Order 2008

The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted April 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference Nos 1 & 6 of 2008 [2008] EWCA Crim 677 (04 March 2008)

Court of Appeal (Civil Division)

Whitehead v Searle [2008] EWCA Civ B1 (temporary reference) (04 April 2008)

Gopakumar v General Medical Council [2008] EWCA Civ 309 (09 April 2008)

Monro v HM Revenue & Customs [2008] EWCA Civ 306 (09 April 2008)

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 (09 April 2008)

Midlands Co-Operative Society Ltd v HM Revenue & Customs [2008] EWCA Civ 305 (09 April 2008)

AS & DD (Libya) v Secretary of State for the Home Department & Anor [2008] EWCA Civ 289 (09 April 2008)

High Court (Chancery Division)

Bank of Tokyo-Mitsubishi UFJ, Ltd v Baskan Gida Sanayi VE Pazarlama AS & Ors [2008] EWHC 659 (Ch) (09 April 2008)

High Court (Queen’s Bench Division)

Meisels v Lichtman & Anor [2008] EWHC 661 (QB) (09 April 2008)

Mosley v News Group Newspapers Ltd [2008] EWHC 687 (QB) (09 April 2008)

High Court (Administrative Court)

Secretary of State for the Home Department v AF [2008] EWHC 689 (Admin) (09 April 2008)

High Court (Technology and Construction Court)

Enterprise Managed Services Ltd v East Midland Contracting Ltd [2008] EWHC B3 (TCC) (27 March 2008)

Source: www.bailii.org

NHS migrant rules face legal bid – BBC News

Posted April 10th, 2008 in immigration, medical treatment, news by sally

“Rules banning some migrants in England from NHS treatment are to be challenged in the High Court.”

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

BBC News, 9th April 2008

Source: www.bbc.co.uk

Goodall v Peak District National Park Authority – WLR Daily

Posted April 10th, 2008 in enforcement notices, human rights, law reports, planning, time limits by sally

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 2008

Practice Direction (Crime: Behaviour Order Application Forms); [2008] WLR (D) 98

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Practice Direction (Crime: Behaviour Order Application Forms) – WLR Daily

Posted April 10th, 2008 in ASBOs, criminal procedure, practice directions by sally

“The two forms to be used in connection with r 50.3 of the Criminal Procedure Rules 2005, as substituted, were set out. The amendment was to take effect on 7 April 2008.”

WLR Daily, 9th April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Life for Gulf War veteran David Bradley, who shot dead four of his family – The Times

Posted April 10th, 2008 in homicide, mental health, news, sentencing by sally

” A Gulf War veteran who killed four members of his family was jailed yesterday after a court heard how he ‘freaked out’ on a hot summer’s night.”

The Times, 10th April 2008

R (on the application of Gentle (FC) and another (FC)) (Appellants) v The Prime Minister and others (Respondents) [2008] UKHL 20 (9 April 2008)

House of Lords Judgments: What’s new?

Posted April 10th, 2008 in law reports by sally

McGrath and another (Appellants) and others v Riddell and others (Respondents) McGrath and another and others (Appellants) v Riddell and others (Respondents) (Conjoined Appeals) [2008] UKHL 21 (9 April 2008)

Source: www.parliament.uk

Regina (Gentle and Another) v Prime Minister and Others – Times Law Reports

Posted April 10th, 2008 in law reports by sally

Regina (Gentle and Another) v Prime Minister and Others

House of Lords

“The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion.”

The Times, 10th April 2008