Day: 2 November 2007

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another[2007] EWHC 2513 (QB)

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

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another – WLR Daily

Posted November 2nd, 2007 in inquests, law reports, witnesses by sally

“When considering a coroner’s application for a witness summons under CPR r 34.4, courts should be wary of trying slavishly to fit that request into the template of civil litigation. A more flexible approach should be taken to such applications due to the inquisitorial nature of a coroner’s inquest and the objectives therein of allaying, or confirming, suspicions and/or making any recommendations for the future.”

WLR Daily, 1st November 2007

Secretary of State for the Home Department v E and another [2007] UKHL 47

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

Secretary of State for the Home Department v E and another – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

“It was not a condition precedent to the making or renewal of a non-derogating control order under s 2(1) of the Prevention of Terrorism Act 2005 that the Secretary of State should comply with his duty under s 8 of the Act to consult the relevant chief officer of police as to the realistic prospect of successfully prosecuting the person against whom the order was proposed and should thereafter keep that possibility under review.”

WLR Daily, 1st November 2007

Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46

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

Secretary of State for the Home Department v MB; Secretary of State v AF – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

“Statutory provisions governing the court’s powers in reviewing a non-derogating control order made by the Secretary of State under the Prevention of Terrorism Act 2005 would be read down under s 3 of the Human Rights Act 2007 where their effect would be to deny the proposed subject of the order a fair hearing compatible with art 6 of the European Convention on Human Rights.”

WLR Daily, 1st November 2007

Secretary of State for the Home Department v JJ and others [2007] UKHL 45

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

Secretary of State for the Home Department v JJ and others – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

“A non-derogating control order, made by the Secretary of State under s 2 of the Prevention of Terrorism Act 2005, which imposed an 18 hour curfew of the controlled person and closely restricted his social contacts constituted a deprivation of liberty under art 5 of the European Convention on Human Rights; since the Secretary of State had no power under the 2005 Act to make such an order, the proper course was that it should be quashed.”

WLR Daily, 1st November 2007

Office of Fair Trading v Lloyds TSB Bank plc and others [2007] UKHL 48

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

Office of Fair Trading v Lloyds TSB Bank plc and others – WLR Daily

Posted November 2nd, 2007 in consumer credit, consumer protection, law reports by sally

“The right of consumers under s 75(1) of the Consumer Credit Act 1974 to hold United Kingdom credit card companies liable for misrepresentation or breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

WLR Daily, 1st November 2007

Lambeth London Borough Council v Onayomake

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

Lambeth London Borough Council v Onayomake – Times Law Reports

Posted November 2nd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Disproportionate exercise of judicial power

Court of Appeal

“Where a counterclaim had been made on substantial grounds in a possession action, it was a disproportionate exercise of judicial power to strike out a defence and counterclaim when the defendant’s legal representative had failed to file a check list on time.”

The Times, 2nd November 2007

In re A; HA v. MB (Brussels II revised: article 11(7) application)

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

In re A; HA v MB (Brussels II revised: article 11(7) application) – Times Law Reports

Posted November 2nd, 2007 in contact orders, jurisdiction, law reports by sally

Seeking child’s return after foreign order

Family Division

“An order made on an application for contact in England under section 8 of the Children Act 1989 was not a judgment requiring the return of the child from outside the jurisdiction.”

The Times, 2nd November 2007

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

In the line of fire – Law Society’s Gazette

Posted November 2nd, 2007 in armed forces, news, personal injuries, solicitors by sally

“Solicitors working in the field of military personal injury claims believe the system needs to do more than help those injured during the course of military operations.”

Law Society’s Gazette, 1st November 2007

Source: www.lawgazette.co.uk

Police ordered to delete old records of one-time cautions – OUT-LAW.com

Posted November 2nd, 2007 in criminal records, data protection, news, police by sally

“Four English police forces have been ordered to delete criminal records because they have been kept for too long.”

OUT-LAW.com, 1st November 2007

Source: www.out-law.com

Civil court fees – Ministry of Justice

Posted November 2nd, 2007 in consultations, fees by sally

“Responses to consultation on civil court fees published today.”

Full report

Ministry of Justice, 2nd November 2007

Source: www.justice.gov.uk

Call to devolve power to councils – BBC News

Posted November 2nd, 2007 in local government, news by sally

“A cross-party group of senior MPs and peers is calling for a genuine devolution of power from Whitehall to local government.”

BBC News, 2nd November 2007

Source: www.bbc.co.uk

Judge in sex blackmail case gets third pay rise – Daily Telegraph

Posted November 2nd, 2007 in blackmail, judges, news, remuneration by sally

“An immigration judge who had an affair with his illegally employed Brazilian cleaner has been paid more than £100,000 since he stood down from his job.”

Daily Telegraph, 2nd November 2007

Source: www.telegraph.co.uk

Injured soldier gets “insulting” £57,000 – Daily Telegraph

Posted November 2nd, 2007 in armed forces, compensation, Iraq, news by sally

“The family of the youngest British soldier to be injured in Iraq has angrily denounced his compensation payout of £57,000 as a ‘complete insult.’ ”

Daily Telegraph, 2nd November 2007

Source: www.telegraph.co.uk

Judge accused of child abuse “let off by police” – The Times

Posted November 2nd, 2007 in child abuse, judges, news, police by sally

“A chief constable is being investigated over his force’s dismissal of child abuse allegations against a judge.”

The Times, 2nd November 2007

Human rights chief to investigate “anti-white bias” in council housing – The Times

Posted November 2nd, 2007 in housing, immigration, news, race discrimination by sally

“A new inquiry into whether immigrants jump council housing queues was announced by Trevor Phillips yesterday as the row over immigration policy intensified.”

The Times, 2nd November 2007

Met chief urged to quit over shooting – The Times

Posted November 2nd, 2007 in firearms, health & safety, news, police by sally

“Britain’s most senior policeman was fighting to keep his job last night after his force was found guilty of catastrophic failures that led to the shooting dead of an innocent man.”

The Times, 2nd November 2007

Man charged with murdering PC Beshenivsky – The Guardian

Posted November 2nd, 2007 in extradition, murder, news, police by sally

“One of two remaining suspects in the murder of PC Sharon Beshenivsky was last night charged with her murder after he was extradited back to Britain from Somalia after months of detective work, West Yorkshire police said.”