Court of Appeal
“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”
The Times, 13th July 2009
Source: www.timesonline.co.uk
Apostolides v Orams and Another
Court of Justice of the European Communities
“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”
The Times, 1st May 2009
Source: www.timesonline.co.uk
“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”
WLR Daily, 25th March 2009
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.
Bovale Ltd v Secretary of State for Communities and Local Government and Another
Court of Appeal
“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”
The Times, 23rd March 2009
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.
“A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”
WLR Daily, 12th March 2009
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.
” The wheels of justice famously grind slow – but these days there are limits even to judicial slowness. More than 2,000 judges in England and Wales have been issued with a deadline for delivering their judgments and if they are late, must explain why.”
The Times, 10th February 2009
Source: www.timesonline.co.uk
“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”
Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396
WLR Daily, 18th December 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.
In re M (a Child) (Nonaccidental injury: Burden of proof)
Court of Appeal
“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”
The Times, 16th December 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.
In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367
“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”
WLR Daily, 27th November 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.
“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”
WLR Daily, 29th July 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.
The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)
Speech by The Rt Hon Lady Justice Arden DBE
Conference in honour of Lord Bingham, 20th June 2008
Source: www.judiciary.gov.uk
SK (Sri Lanka) v Secretary of State for the Home Department
Court of Appeal
“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”
The Times, 27th May 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.
Regina (Edwards and Another) v Environment Agency and Others
House of Lords
“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”
The Times, 6th May 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.
Court of Appeal
“It was wholly inappropriate for a judge to make an order which he himself acknowledged was plainly wrong.”
The Times, 30th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are ony available free on Times Online for 21 days from the date of publication.
R (Edwards) v Environment Agency; [2008] WLR (D) 119
“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”
WLR Daily, 21st 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.
Masri v Consolidated Contractors International UK Ltd and Others (No 2)
Court of Appeal
“The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.”
The Times, 22nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”
WLR Daily, 7th April 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Fresh hearing not required
Way v Poole Borough Council and Another
Court of Appeal
“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”
The Times, 25th October 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.
Counsel should seek reasons
In re A (a Child) (Duty to seek reasons)
Court of Appeal
“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”
The Times, 16th October 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.
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