Category: law reports

Gibson v Government of the United States of America – Times Law Reports

Posted August 3rd, 2007 in extradition, jurisdiction, law reports, precedent by sally

Board can depart from its own decisions

Gibson v. Government of the United States of America

Privy Council

“The principle of stare decisis was not absolute and the Privy Council could exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect.”

The Times, 3rd 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

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted August 3rd, 2007 in asylum, human rights, law reports, torture by sally

Asylum Act provision is incompatible

Regina (Nasseri) v. Secretary of State for the Home Department

Queen’s Bench Division

“An absolute bar preventing the Secretary of State for the Home Department from considering whether certain countries would return asylum-seekers in contravention of their human rights was incompatible with the right to not be subjected to torture or inhuman or degrading treatment or punishment.”

The Times, 3rd 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
 

MT and Others (Algeria) v Secretary of State for the Home Department – Times Law Reports

Posted August 3rd, 2007 in deportation, law reports, refugees, torture by sally

Closed material can be used in appeals against deportation

MT and Others (Algeria) v. Secretary of State for the Home Department

Court of Appeal

“When a person appealed against an order for deportation because he feared torture or ill-treatment in his home state, in scrutinising the case, the Special Immigration Appeals Commission was entitled to take into account closed as well as open material.”

The Times, 3rd 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 

R v Montgomery – WLR Daily

Posted August 2nd, 2007 in escape from custody, law reports, prisons by sally

R v Montgomery 

“Where a prisoner who was on temporary release from prison pursuant to r 9 of the Prison Rules 1999 failed to return to prison at the expiry of his release period, he could not be said to have escaped from custody and could not therefore be guilty of the common law offence of escape from custody.”

WLR Daily, 2nd 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.

R v Cottrell; R v Fletcher [2007] EWCA Crim 2016 – WLR Daily

Posted August 2nd, 2007 in appeals, Criminal Cases Review Commission, law reports by sally

R v Cottrell; R v Fletcher [2007] EWCA Crim 2016 

“The Criminal Cases Review Commission should not normally refer a conviction where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law.” 

WLR Daily, 2nd 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.

R v Ukpabio – WLR Daily

Posted August 2nd, 2007 in law reports, live link evidence, trials by sally

R v Ukpabio

“There is no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that a defendant can give evidence at his trial by live video link; however, in exceptional circumstances where it is appropriate for the defendant not to be present in court, there is power to direct that he can participate in his trial by other means such as live video link.“

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.

Edwards v Government of the United States of America – WLR Daily

Posted August 2nd, 2007 in computer crime, extradition, law reports by sally

 Edwards v Government of the United States of America [2007] EWHC 1877 (Admin)

“In deciding whether there was dual criminality under the Extradition Act 2003, the domestic court was confined to the facts alleged in the offence specified in the extradition request.”

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.

In re Officer L and others – WLR Daily

Posted August 2nd, 2007 in anonymity, law reports, witnesses by sally

In re Officer L and others

“On an application by potential witnesses for anonymity a tribunal of inquiry had posed the correct test, under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, of whether a pre-existing risk of death would be materially increased if the witnesses were required to give evidence without anonymity.”

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.

Chaudhry v Revenue and Customs Commissioners – Times Law Reports

Posted August 2nd, 2007 in law reports, VAT by sally

Late appeal is no defence to failing to give VAT security

Chaudhry v Revenue and Customs Commissioners

Queen’s Bench Division

“The lodging of a late appeal to a value-added tax tribunal provided no defence to a charge of continuing to supply goods or services after receipt from the Revenue and Customs of a notice requiring payment of a security.”

The Times, 2nd 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

In re W (Children) (Permission to appeal) – Times Law Reports

Posted August 2nd, 2007 in appeals, contact orders, law reports, residence orders by sally

Family jurisdiction role of the Court of Appeal explained

In re W (Children) (Permission to appeal)

Court of Appeal

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”

The Times, 2nd 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

In re Officer L and Others – Times Law Reports

Posted August 1st, 2007 in anonymity, law reports, witnesses by sally

When tribunal witness requests anonymity

In re Officer L and Others

House of Lords

“On an application by potential witnesses for anonymity at a public inquiry, the appropriate test was whether a preexisting risk of death to the witness would be materially increased if he were required to give evidence without anonymity.”

The Times, 1st 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.

Regina (A) v. Liverpool City Council – Times Law Reports

Posted August 1st, 2007 in children, expert witnesses, law reports by sally

Expert’s report in context

Regina (A) v. Liverpool City Council

Queen’s Bench Division

“A local authority determining the age of an applicant claiming to be a child had to have regard to the whole context and not just rely on a single expert dental report.”

The Times, 1st 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.

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

Posted August 1st, 2007 in asylum, deportation, detention, law reports by sally

R(A) v. Secretary of State for the Home Department 

“The Secretary of State had not acted unlawfully in continuing to detain pending removal a failed asylum seeker who, having served a sentence of imprisonment for rape, was considered to be a risk to the public and highly likely to abscond. The period of detention was not unreasonable in the circumstances and where the detainee had refused to return voluntarily and no means were available for his enforced return.”

WLR Daily, 30th 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.

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) – WLR Daily

Posted August 1st, 2007 in closed material, deportation, law reports, refugees, torture by sally

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) [2007] EWCA Civ 808

“When considering whether an applicant was at risk of torture or ill-treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if deported to his home state on the ground of national security the Special Immigration Appeals Commission (‘SIAC”’ was entitled to have regard to closed as well as open material in scrutinising the case under the statutory scheme. A person who had been recognised as a refugee could lose his status under art 1F(c) of the Convention and Protocol relating to the Status of Refugees if he were guilty of acts contrary to the purposes and principles of the United Nations after recognition.”

WLR Daily, 30th 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.

R (Donnachie) v. Cardiff Magistrates’ Court – WLR Daily

Posted August 1st, 2007 in case stated, judicial review, law reports, trade descriptions by sally

R (Donnachie) v. Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)

“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”

WLR Daily, 27th 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.

R v. Cole – WLR Daily

Posted August 1st, 2007 in hearsay evidence, law reports by sally

R v. Cole; R v. Keets [2007] EWCA Crim 1924

“The hearsay evidence of a witness who was not available at trial was admissible even if it was the sole or the decisive evidence against a defendant if that was compatible with a fair trial.”

WLR Daily, 30th 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.

House of Lords Judgments: What’s new?

Posted August 1st, 2007 in law reports by sally

In re Officer L (Respondent) (Northern Ireland) [2007] UKHL 36

Source: www.parliament.co.uk

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925 – WLR Daily

Posted July 31st, 2007 in contempt of court, disclosure, law reports, official secrets act by michael

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925

“A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”

WLR Daily, 30th 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.

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily

Posted July 31st, 2007 in civil procedure rules, law reports, service out of jurisdiction by michael

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799

“The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”

WLR Daily, July 30th 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.

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50 – WLR Daily

Posted July 31st, 2007 in compensation, law reports, wrongful dismissal by michael

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50

“When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”

WLR Daily, 30th 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.