law reports – Page 318 – Current Awareness

“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”

The Times, 17th July 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 v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa – Times Law Reports

Posted July 17th, 2008 in law reports, possession of false identity documents, sentencing by sally

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa

Court of Appeal (Criminal Division)

“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”

The Times, 17th July 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.

Westcott v Westcott – WLR Daily

Posted July 17th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241

“A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”

WLR Daily, 16th 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.

Uzinterimpex JSC v Standard Bank plc – WLR Daily

Posted July 17th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240

“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”

WLR Daily, 16th 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.

Roberts v Gill & Co and another – WLR Daily

Posted July 17th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239

“Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”

WLR Daily, 16th 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.

Bulale v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238

“The Court of Appeal had jurisdiction, in very particular circumstances, to pursue a point of general importance in an immigration case not raised below once it occurred to the court, in order to ensure the state’s compliance with its international obligations. Where the point involved whether a propensity to commit robberies constituted a serious threat to society, it was for each member state to decide what sufficed to make threatened future criminal conduct serious enough to justify expulsion of an EEA national who had a right to reside in the United Kingdom.”

WLR Daily, 15th 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.

R (Harris) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in compensation, law reports, miscarriage of justice by sally

R (Harris) v Secretary of State for the Home Department; [2008] WLR (D) 237

“A defendant whose conviction was quashed on appeal would only be entitled to statutory compensation where that defendant’s innocence had been acknowledged or where there had been serious failures of the trial process.”

WLR Daily, 15th 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.

BAILII: Recent Decisions

Posted July 16th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Cadman v R. [2008] EWCA Crim 1418 (03 July 2008)

Court of Appeal (Civil Division)

R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817 (15 July 2008)

Westcott v Westcott [2008] EWCA Civ 818 (15 July 2008)

Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819 (15 July 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

High Court (Administrative Court)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 1645 (Admin) (14 July 2008)

Humphries & Ors v Secretary of State for Work and Pensions [2008] EWHC 1585 (Admin) (09 July 2008)

High Court (Commercial Court)

Congentra AG v Sixteen Thirteen Marine SA [2008] EWHC 1615 (Comm) (15 July 2008)

Source: www.bailii.org

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn – Times Law Reports

Posted July 16th, 2008 in EC law, law reports, race discrimination by sally

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn

Court of Justice of the European Communities

“Public statements by an employer that it would not recruit employees of a certain racial or ethnic origin constituted direct discrimination in respect of recruitment, within the Community race discrimination directive, even though there was no identifiable complainant contending that he had been the victim of discrimination.”

The Times, 16th July 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 Rottmann (a Bankrupt) – Times Law Reports

Posted July 16th, 2008 in bankruptcy, law reports, self-incrimination by sally

In re Rottmann (a Bankrupt)

Chancery Division

“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 16th July 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.

Director of Revenue and Customs Prosecutions v N E Plastics Ltd – WLR Daily

Posted July 15th, 2008 in customs and excise, law reports, time limits by sally

Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] WLR(D); [2008] WLR (D) 236

“For the purposes of s 146A(3) Customs and Excise Management Act 1979 matters within the knowledge of officers of HM Revenue and Customs were not to be imputed to the Director of Revenue and Customs Prosecutions, so that the period for the commencement of summary proceedings started only when sufficient evidence to warrant proceedings came to the attention of the Director or his staff.”

WLR Daily, 14th 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.

Regina v Rahman and Regina v Mohammed – Times Law Reports

Posted July 15th, 2008 in law reports, sentencing, terrorism by sally

Regina v Rahman and Regina v Mohammed

Court of Appeal

“Sentences for terrorist offences, while requiring an element of deterrence, must not be disproportionate to the facts of the particular offence as that would be likely to inflame rather than deter extremism.”

The Times, 15th July 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 v Bonellie Regina v Hughes and Regina v Miller – Times Law Reports

Posted July 15th, 2008 in law reports, murder, sentencing by sally

Regina v Bonellie Regina v Hughes and Regina v Miller

Court of Appeal

“For a murder to involve sadistic conduct, so as to merit a 30-year starting point in determining the minimum term of the mandatory life sentence, the conduct had to involve a significant degree of awareness of pleasure in the infliction of pain, suffering or humiliation.”

The Times, 15th July 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.

BAILII: Recent Decisions

Posted July 14th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

The Serious Fraud Office v Lexi Holdings Plc [2008] EWCA Crim 1443 (10 July 2008)

Rahman & Anor v R [2008] EWCA Crim 1465 (08 July 2008)

Court of Appeal (Civil Division)

Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 (11 July 2008)

McGuane v Welch [2008] EWCA Civ 785 (11 July 2008)

HB v Secretary of State for the Home Department [2008] EWCA Civ 806 (11 July 2008)

Roberts v Gill & Co & Anor [2008] EWCA Civ 803 (11 July 2008)

ING Lease (UK) Ltd v Harwood [2008] EWCA Civ 786 (09 July 2008)

Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 754 (09 July 2008)

Bhatt Murphy (a firm), R (on the application of) v The Independent Assessor [2008] EWCA Civ 755 (09 July 2008)

High Court (Chancery Division)

Croftcall Ltd v Morgan & Anor [2008] EWHC 1622 (Ch) (11 July 2008)

Bank of New York v Montana Board of Investments & Anor [2008] EWHC 1594 (Ch) (10 July 2008)

High Court (Administrative Court)

K & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2008] EWHC 1598 (Admin) (24 June 2008)

Min & Anor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1604 (Admin) (25 June 2008)

Barnett v Secretary of State for Communities and Local Government [2008] EWHC 1601 (Admin) (20 June 2008)

High Court (Commercial Court)

Greene Wood & McLean v Templeton Insurance Ltd [2008] EWHC 1593 (Comm) (10 July 2008)

High Court (Admiralty Division)

Voutakos, Re the Owners of the vessel v Tsavliris Salvage (International) Ltd [2008] EWHC 1581 (Admlty) (10 July 2008)

Source: www.bailii.org

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Posted July 14th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th 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.

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07) – WLR Daily

Posted July 14th, 2008 in EC law, employment, law reports, race discrimination by sally

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07); [2008] WLR (D) 234

“Public statements that persons of particular racial origins were not acceptable as candidates for an employment post prima facie constituted direct discrimination for the purposes of Directive 2000/43 on equal treatment between persons irrespective of racial or ethnic origin, even if no particular complainant could be identified, but it was open to the employer to establish that no infringement of the principle of equal treatment was involved.”

WLR Daily, 11th 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.

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department – WLR Daily

Posted July 14th, 2008 in compensation, judicial review, law reports, miscarriage of justice by sally

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755; [2008] WLR (D) 233

“The mere existence of a discretionary scheme for compensation to the victims of miscarriages of justice did not create the conditions necessary to establish a legitimate expectation that the scheme would be continued, so that the Secretary of State was entitled to withdraw it without notice or consultation.”

WLR Daily, 11th 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.

Gibson v Revenue and Customs Prosecution Office – Times Law Reports

Posted July 14th, 2008 in confiscation, drug trafficking, law reports, married persons, profits a prendre by sally

Gibson v Revenue and Customs Prosecution Office

Court of Appeal

“When a confiscation order was made against a convicted drug dealer, his wife was entitled to keep her 50 per cent interest in the matrimonial home, despite a finding in the confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The court had no power to supplement the provisions of the Drug Trafficking Act 1994 so as to bring her share of the equity in the matrimonial home within the order.”

The Times, 14th July 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.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Posted July 14th, 2008 in data protection, freedom of information, law reports, Scotland by sally

Common Services Agency v Scottish Information Commissioner

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th July 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.