Refugee in High Court fight for NHS care – Daily Telegraph
“A failed asylum seeker is challenging regulations that prevent him receiving free treatment from the NHS.”
The Daily Telegraph, 11th April 2008
Source: www.telegraph.co.uk
University offers combined ‘British law’ degree – The Lawyer
“The University of Dundee is introducing a bachelors law degree enabling dual-qualification in Scots and English & Welsh law. From September 2008 students will be able to study all of the subjects required by each of the respective local Law Societies.”
The Lawyer, 10th April 2008
Source: www.thelawyer.com
Carolyn McCall quits Tesco over Guardian libel action – The Times
“Carolyn McCall, the chief executive of Guardian Media Group, has resigned from the board of Tesco because of the supermarket’s pending libel suit against the company’s flagship newspaper.”
The Times, 11th April 2008
Source: www.timesonline.co.uk
M&S takes biscuit: teacakes cost Treasury £3.5m – The Independent
“The humble chocolate teacake cost the Treasury £3.5 million today. That’s the price of a VAT mistake which classified Marks & Spencer teacakes as chocolate biscuits.”
The Independent, 10th April 2008
Source: www.independent.co.uk
Fraudster jailed after claiming £85,000 for non-existent children – The Guardian
“A fraudster was jailed today for claiming more than £85,000 in tax credits for 16 non-existent children.
David Wilshaw, 58, was jailed for 20 months at Bristol crown court for masterminding the scam to claim child tax benefits over four years.”
The Guardian, 10th April 2008
Source: www.guardian.co.uk
‘Spitting vicar’ ordered to leave parish – The Independent
“A Church of England vicar accused of intimidating and spitting at parishioners was ordered to vacate his post by his bishop today.”
The Independent, 10th April 2008
Source: www.independent.co.uk
Panday v Virgil (Senior Superintendent of Police) – Times Law Reports
Panday v Virgil (Senior Superintendent of Police)
Privy Council
“When allowing an appeal against conviction on the ground of apparent bias in the conduct of the trial, the Court of Appeal could order a retrial if the defendant had been properly charged and brought before the court without any violation of the rule of law and it was possible to have a fair retrial before a different tribunal.”
The Times, 11th April 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.
McGrath and Others v Riddell and Another – Times Law Reports
McGrath and Others v Riddell and Another
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
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.
Analysis: what next after High Court ruling on BAE? – The Times
“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
Source: www.timesonline.co.uk
AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily
“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
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.
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103
“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
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.
Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24 – WLR Daily
Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24; [2008] WLR (D) 102
“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
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.
McGrath and others v Riddell and another [2008] UKHL 21 – WLR Daily
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101
“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
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 (Gentle and another) v Prime Minister and others [2008] UKHL 20 – WLR Daily
R (Gentle and another) v Prime Minister and others [2008] UKHL 20
“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
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.
SFO ‘acted unlawfully’ by dropping BAE probe – The Times
“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
Source: www.timesonline.co.uk
BAILII: Recent Decisions
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)
Source: www.bailii.org
TV presenter wins damages for affair reports – The Independent
“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
“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 Guardian, 10th April 2008
Source: www.guardian.co.uk
Recent Statutory Instruments – OPSI
The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008
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
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)
High Court (Chancery Division)
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
