law reports – Page 280 – Current Awareness

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same – Times Law Reports

Posted May 5th, 2009 in asylum, human rights, law reports, mental health, torture by sally

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same

Court of Appeal

“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

Gomes v Republic of Trinidad and Tobago; Goodyer v Same – Times Law Reports

Posted May 5th, 2009 in delay, extradition, law reports by sally

Gomes v Republic of Trinidad and Tobago; Goodyer v Same

House of Lords

“An accused who deliberately fled from a jurisdiction where his trial was pending was not generally entitled to rely on the passage of time due to the delay of the extraditing state in bringing him to justice as a bar to his extradition.”

The Times, 5th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 1st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Y (Sri Lanka) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 362 (29 April 2009)

R (A Child), Re [2009] EWCA Civ 358 (29 April 2009)

Sharab v Al-Saud [2009] EWCA Civ 353 (30 April 2009)

JS (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 364 (30 April 2009)

RK (Nepal)), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 359 (30 April 2009)

Lemas & Anor v Williams [2009] EWCA Civ 360 (30 April 2009)

High Court (Chancery Division)

Durham Tees Valley Airport Ltd v Bmi Baby Ltd & Anor [2009] EWHC 852 (Ch) (30 April 2009)

High Court (Administrative Court)

Culkin v Wirral Independent Appeal Panel [2009] EWHC 868 (Admin) (29 April 2009)

Secretary of State for the Home Department v AV [2009] EWHC 902 (Admin) (30 April 2009)

High Court (Queen’s Bench Division)

Quinton v Peirce & Anor [2009] EWHC 912 (QB) (30 April 2009)

High Court (Family Division)

Hashem v Shayif & Anor [2009] EWHC 864 (Fam) (17 April 2009)

Source: www.bailii.org

R (M) v East Sussex County Council – WLR Daily

Posted May 1st, 2009 in law reports, special educational needs by sally

R (M) v East Sussex County Council; [2009] WLR(D) 141

“The failure by a local education authority to amend a child’s statement of special educational needs during the year of the child’s transfer between phases of schooling, and to name and specify the type of school, was a breach of its obligations under s 324 of the 1996 Act and reg 19 of the 2001 Regulations.”

WLR Daily, 30th April 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.

Apostolides v Orams and Another – Times Law Reports

Posted May 1st, 2009 in EC law, enforcement, judgments, jurisdiction, law reports by sally

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

BAILII: Recent Decisions

Posted April 30th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Barron, R. v [2009] EWCA Crim 837 (29 April 2009)

High Court (Chancery Division)

Heidelberg Graphic Equipment Ltd.& Anor v Revenue & Customs [2009] EWHC 870 (Ch) (08 April 2009)

High Court (Admiralty Division)

Dornoch Ltd & Ors v Westminster International BV & Ors [2009] EWHC 889 (Admlty) (29 April 2009)

Source: www.bailii.org

R v JTB (on appeal from R v T) – WLR Daily

Posted April 30th, 2009 in children, doli incapax, law reports by sally

R v JTB (on appeal from R v T) [2009] UKHL 20; [2009] WLR(D) 140

“S 34 of the Crime and Disorder Act 1998 abolished the defence as well as the presumption of doli incapax.”

WLR Daily, 29th April 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.

Gomes v Government of the Republic of Trinidad and Tobago – WLR Daily

Posted April 30th, 2009 in delay, extradition, law reports by sally

Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 139

“Where an accused deliberately fled from a jurisdiction where his trial was pending, he was not, save in exceptional circumstances, entitled to rely, under s 82 of the Extradition Act 2003, on the passage of time due to delay on the part of the requesting state in bringing him to justice as a bar to his extradition.”

WLR Daily, 29th April 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.

Regina v Briggs-Price – Times Law Reports

Posted April 30th, 2009 in confiscation, drug trafficking, indictments, law reports by sally

Regina v Briggs-Price

House of Lords

“A confiscation order could be made against a convicted drug trafficker in respect of benefit received from other drug trafficking which had not been charged on the indictment but which had been established by evidence during the trial.”

The Times, 30th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 29th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Powar & Anor, R. v [2009] EWCA Crim 594 (25 March 2009)

Edwards, R. v [2009] EWCA Crim 602 (17 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 28th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Dunlop Haywards (DHL) Ltd & Anor v Erinaceous Insurance Services Ltd & Ors [2009] EWCA Civ 354 (28 April 2009)

High Court (Administrative Court)

Accenture Services Ltd v Revenue and Customs [2009] EWHC 857 (Admin) (28 April 2009)

Secretary of State for Children, Schools and Families v BP [2009] EWHC 866 (Admin) (28 April 2009)

Yusuf v The Royal Pharmaceutical Society of Great Britain [2009] EWHC 867 (Admin) (28 April 2009)

High Court (Commercial Court)

Jefferies International Ltd v Landsbanki Islands HF [2009] EWHC 894 (Comm) (28 April 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 28th, 2009 in law reports by sally

High Court (Administrative Court)

Sharief v The General Medical Council [2009] EWHC 847 (Admin) (27 April 2009)

High Court (Technology and Construction Court)

Coal Pension Properties Ltd v Nu-Way Ltd [2009] EWHC 824 (TCC) (27 April 2009)

Source: www.bailii.org

Suffolk Mental Health Partnership NHS Trust v Hurst and Others; Sandwell Metropolitan Borough Council v Arnold and Others – Times Law Reports

Posted April 28th, 2009 in equal pay, law reports by sally

Suffolk Mental Health Partnership NHS Trust v Hurst and Others; Sandwell Metropolitan Borough Council v Arnold and Others

Court of Appeal

“It was sufficient when launching an equal pay claim to send a written statement of grievance to the employer identifying the issue as an equal pay claim.”

The Times, 28th April 2009

Source: www.timesonline.co.uk

British Airways plc v Williams and Others – Times Law Reports

Posted April 28th, 2009 in airlines, law reports, remuneration, working time by sally

British Airways plc v Williams and Others

Court of Appeal

“An airline which based its paid annual leave rate for pilots on their basic salary rather than on what they might be expected actually to earn, including supplements, was not in breach of the statutory holiday pay requirements.”

The Times, 28th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ovlas Trading SA v Strand (London) Ltd & Ors [2009] EWCA Civ 250 (27 April 2009)

Qayyum v Hameed & Anor [2009] EWCA Civ 352 (27 April 2009)

High Court (Administrative Court)

Brown (aka Bajinja) & Ors v The Government of Rwanda Secretary & anor [2009] EWHC 770 (Admin) (08 April 2009)

Source: www.bailii.org

Regina (TNT Post UK Ltd) v Revenue and Customs Commissioners (Royal Mail Group Ltd, interested party) Case C-357/07 – Times Law Reports

Posted April 27th, 2009 in law reports, postal service, VAT by sally

Regina (TNT Post UK Ltd) v Revenue and Customs Commissioners (Royal Mail Group Ltd, interested party)
Case C-357/07

Court of Justice of the European Communities

“The Royal Mail was exempt from value-added tax as a supplier of public postal services, except for supplies of goods or services whose terms had been individually negotiated.”

The Times, 27th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 24th, 2009 in law reports by sally

Court of Appeal (Civil division)

Westbrook Resources Ltd v Globe Metallurgical Inc [2009] EWCA Civ 310 (08 April 2009)

Walbrook Trustees (Jersey) Ltd. & Ors v Fattal & Ors [2009] EWCA Civ 297 (08 April 2009)

M (A Child), Re [2009] EWCA Civ 311 (23 April 2009)

Hawkes v Cuddy & Ors [2009] EWCA Civ 261 (24 April 2009)

High Court (Administrative Court)

Majera, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 825 (Admin) (23 April 2009)

Omondi, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 827 (Admin) (23 April 2009)

Polanco, R (on the application of) v Secretary of State for the Home Deparment [2009] EWHC 826 (Admin) (23 April 2009)

High Court (Family Division)

CH v RN & Ors [2009] EWHC 640 (Fam) (03 April 2009)

High Court (Technology and Construction Court)

HS Works Ltd v Enterprise Managed Services Ltd [2009] EWHC 729 (TCC) (08 April 2009)

Source: www.bailii.org

Regina (G) v Governors of X School – Times Law Reports

Posted April 24th, 2009 in disciplinary procedures, human rights, law reports, legal representation, tribunals by sally

Regina (G) v Governors of X School

Queen’s Bench Division

“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

Regina v Powar (Harbinder) Regina v Powar (Kulwinder) – Times Law Reports

Posted April 24th, 2009 in anonymity, law reports, witnesses by sally

Regina v Powar (Harbinder) Regina v Powar (Kulwinder)

Court of Appeal

“Anonymous witnesses must not routinely be called in the prosecution of serious crime, but now that the intimidation of witnesses had become an ugly feature of contemporary life, witness anonymity orders should not be confined to cases of terrorism or gangland killings.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk