Declaration of criminality made in civil proceedings
Chancery Division
“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”
The Times, 14th August 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.
Whether jury can be trusted
“While facts were for the jury, coroners were entitled to consider whether it was safe to leave a particular verdict on the evidence to the jury.”
The Times, 13th August 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Ingredients of safety at work offence by officer
“An offence was committed by an officer of a body corporate which broke health and safety laws through his behaviour if he either knew of the relevant facts giving rise to the offence, or if he did not know, should by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place.”
The Times, 13th August 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.
No entitlement to trial
Regina (Singh) v Stratford Magistrates Court
“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”
The Times, 13th August 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.
Husband not liable for tax on his wife’s private dividend
Jones v. Garnett (Inspector of Taxes)
House of Lords
“A spouse who used a private company to transfer some of his earned income to the other spouse was not liable to pay tax on that income, provided the other spouse’s shares in the company were ordinary shares which carried a right to more than mere income.”
The Times, 9th August 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.
Director of Public Prosecutions v. Haw
“The statutory power available to the Commissioner of Police of the Metropolis to impose conditions on authorisations for demonstrations in the vicinity of Parliament could be delegated.”
WLR Daily, 6th August 2007
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.
Hawkes v. Cuddy and others [2007] EWHC 1935 (Ch)
“The court had jurisdiction to grant a declaration on a petition brought under s 459 of the Companies Act 1985 where the unfair prejudice relied on was caused by the alleged contravention of s 216 of the Insolvency Act 1986 by a director of a company in liquidation who had become the director of another company that was known by a prohibited name.”
WLR Daily, 31st July 2007
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 LM (Reporting restrictions: Coroner’s inquest) [2007] EWHC 1902 (Fam)
“The press would be permitted to report details of a surviving child’s parents and deceased siblings at an inquest into the death of one of the siblings.”
WLR Daily, 1st August 2007
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.
Director of Assets Recovery Agency v. Szepietowski and others
“On an application for an interim receiving order under s 246 of the Proceeds of Crime Act 2002 the Director of the Assets Recovery Agency had to establish a good arguable case that the property to be recovered or other property it represented had been obtained by unlawful conduct. It was sufficient to show that a criminal offence had been committed and the property had been obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”
WLR Daily, 24th July 2007
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.
“Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.”
WLR Daily, 24th July 2007
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.
High Court (Chancery Division)
Parti v Aysha Hamad Nassir Sabah Al-Nassir Al Sabah & Ors [2007] EWHC 1869 (Ch) (31 July 2007)
Tomy UK Ltd v HM Revenue & Customs [2007] EWHC 1889 (Ch) (31 July 2007)
Vellacott v The Convergence Group Plc & Ors [2007] EWHC 1774 (Ch) (31 July 2007)
Walker v Inter-Alliance Group Plc & Anor [2007] EWHC 1858 (Ch) (31 July 2007)
Raja v Van Hoogstraten & Ors [2007] EWHC 1743 (Ch) (26 July 2007)
High Court (Commercial Court)
Loon Energy Inc & Anor v Integra Mining & Ors [2007] EWHC 1876 (Comm) (31 July 2007)
Stone & Rolls Ltd v Moore Stephens (a firm) [2007] EWHC 1826 (Comm) (27 July 2007)
High Court (Family Division)
LM, Re [2007] EWHC 1902 (Fam) (01 August 2007)
MM v VM [2007] EWHC 1820 (Fam) (26 July 2007)
High Court (Queen’s Bench Division)
Wells v The Parole Board & Anor [2007] EWHC 1835 (QB) (31 July 2007)
Spencer v Secretary of State for Work and Pensions [2007] EWHC 1775 (QB) (27 July 2007)
Long Beach Ltd & Anor v Global Witness Ltd [2007] EWHC 1816 (QB) (26 July 2007)
Hazlewood Grocery Ltd v Lion Foods Ltd [2007] EWHC B5 (QB) (26 July 2007)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Serious Fraud Office v A [2007] EWCA Crim 1927 (02 August 2007)
Cottrell, R v [2007] EWCA Crim 2016 (31 July 2007)
Abdi, R v [2007] EWCA Crim 1913 (31 July 2007)
Devani, R v [2007] EWCA Crim 1926 (30 July 2007)
Times Newspapers Ltd. & Ors v R. [2007] EWCA Crim 1925 (30 July 2007)
Saleem, R. v [2007] EWCA Crim 1923 (27 July 2007)
Rafferty v R [2007] EWCA Crim 1898 (26 July 2007)
El-Kurd & Ors, R v [2007] EWCA Crim 1888 (26 July 2007)
High Court (Administrative Court)
Edwards v Government of USA [2007] EWHC 1877 (Admin) (31 July 2007)
Croatia v Spanovic [2007] EWHC 1770 (Admin) (27 July 2007)
Martin v Legal Services Commission [2007] EWHC 1786 (Admin) (27 July 2007)
Source: www.bailii.org
Court of Appeal (Civil Division)
McAdie v Royal Bank of Scotland [2007] EWCA Civ 806 (31 July 2007)
IFE Fund SA v Goldman Sachs International [2007] EWCA Civ 811 (31 July 2007)
Massey v Unifi [2007] EWCA Civ 800 (31 July 2007)
Deadman v Bristol City Council [2007] EWCA Civ 822 (31 July 2007)
EB (Ethiopia) v Secretary of State for the Home Department [2007] EWCA Civ 809 (31 July 2007)
AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801 (31 July 2007)
Somerset County Council v DFM (The Father) & Anor [2007] EWCA Civ 810 (31 July 2007)
Wittmann (UK) Ltd v Willdav Engineering SA [2007] EWCA Civ 824 (31 July 2007)
Wolman v London Borough of Islington & Anor [2007] EWCA Civ 823 (31 July 2007)
JN (Uganda) v Secretary of State for the Home Department [2007] EWCA Civ 802 (31 July 2007)
Ashworth v Newnote Ltd [2007] EWCA Civ 793 (27 July 2007)
Chaudhary v Secretary of State for Health [2007] EWCA Civ 789 (27 July 2007)
Mediterranean Shipping Company SA v Trafigura Beheer BV & Anor [2007] EWCA Civ 794 (27 July 2007)
Welsh v Stokes & Anor Rev 1 [2007] EWCA Civ 796 (27 July 2007)
Source: www.bailii.org
Limiting out-of-court statements
Persaud v. State of Trinidad and Tobago
“The exception to the rule that out-of-court statements made by one defendant were inadmissible against a codefendant applied only where the defendants were being tried for an offence for which they were jointly liable.”
The Times, 7th August 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.
Telling child its true paternity
In re F (Children) (Declaration of paternity)
“The family justice system was entitled to take responsibility for deciding whether a child should be told of his paternity, in the event of adult dispute.”
The Times, 6th August 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.
Judge might bind himself
“A judge who had given an indication of the maximum sentence he had in mind on a guilty plea might find himself bound by the dangerous offender provisions to impose a sentence which was qualitatively different from the indication he had given.”
The Times, 6th August 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.
Arbitrators not tainted by association
ASM Shipping Ltd of India v Harris and Others
“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”
The Times, 6th August 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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