British court to rule on death sentences for two Trinidad murderers – The Guardian

‘Seven British judges will consider whether two convicted murderers from Trinidad should have their death penalty sentences lifted by the privy council.’

Full story

The Guardian, 4th February 2015

Source: www.guardian.co.uk

Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by tracey

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

Yiacoub v The Queen – WLR Daily

Posted July 17th, 2014 in appeals, bias, judges, law reports, Privy Council by tracey

Yiacoub v The Queen; [2014] UKPC 22; [2014] WLR (D) 314

‘Justice was not seen to be done when a judge who had sat on the original trial was responsible for overseeing the constitution of the panel of judges which formed the court which heard the appeal.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily

Posted May 1st, 2014 in contempt of court, crime, law reports, media, Privy Council by sally

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) [2014] UKPC 11; [2014] WLR (D) 179

‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Ramdeen v State of Trinidad and Tobago – WLR Daily

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Ramdeen (Appellant) v The State (Respondent) – Judicial Committee of the Privy Council

Posted April 2nd, 2014 in appeals, death penalty, jurisdiction, law reports, murder, Privy Council by sally

Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)

Supreme Court, 27th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Moss v The Queen – WLR Daily

Posted November 15th, 2013 in appeals, criminal justice, homicide, law reports, Privy Council, sentencing by tracey

Moss v The Queen: [2013] UKPC 32;   [2013] WLR (D)  434

“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Press regulation royal charter given go-ahead by the Queen – The Guardian

Posted October 31st, 2013 in appeals, charters, media, news, Privy Council by michael

“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

Newspapers seek injunction over press regulation royal charter – The Guardian

Posted October 29th, 2013 in charters, freedom of expression, injunctions, media, news, Privy Council by sally

“Newspaper and magazine publishers are seeking an injunction to prevent the government’s plan for a new press regulation regime getting the royal seal of approval this week.”

Full story

The Guardian, 28th October 2013

Source: www.guardian.co.uk

Press curbs ‘will damage Queen’s standing’ – Daily Telegraph

Posted October 24th, 2013 in charters, freedom of expression, media, news, Privy Council by tracey

“Politicians’ ‘repressive’ plans to regulate the press will undermine the country’s international standing and the reputation of the Queen, free speech groups have warned.”

Full story

Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk

Newspapers’ plans for post-Leveson press regulation rejected – The Guardian

Posted October 8th, 2013 in charters, constitutional reform, media, news, Privy Council, victims by sally

“Plans on how to regulate the press industry have been delayed until later this month after a difficult meeting of the key players rejected the regulatory plans proposed by the industry but also could not agree whether to back the royal charter passed by parliament.”

Full story

The Guardian, 7th October 2013

Source: www.guardian.co.uk

New Zealand businessman Mark Lundy set for retrial after 12 years in jail as he wins appeal in UK court over murder conviction

Posted October 8th, 2013 in evidence, murder, news, Privy Council, retrials by sally

“A businessman sentenced to life imprisonment for the murders of his wife and daughter in New Zealand had his conviction quashed by a British court today following the emergence of new evidence.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

Press regulation debate nears final reckoning – The Guardian

Posted September 30th, 2013 in codes of practice, interception, media, news, Privy Council, regulations by sally

“The marathon battle to introduce a new system of press regulation will come to a head on 9 October when the privy council is due to decide whether to seal a royal charter enshrining the industry’s preferred system of self-regulation.”

Full story

The Guardian, 27th September 2013

Source: www.guardian.co.uk

Press regulation: government’s plan for a new watchdog delayed until autumn – The Guardian

Posted July 12th, 2013 in charters, media, news, parliament, Privy Council by tracey

“The government’s plan for a new press regulator has been officially put back to the autumn after a privy council meeting on Wednesday referred the matter to a new committee.”

Full story

The Guardian, 12th July 2013

Source: www.guardian.co.uk

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily

Posted June 20th, 2013 in appeals, EC law, extradition, law reports, Privy Council, time limits, warrants by sally

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal [2013] UKPC 16; [2013] WLR (D) 241

“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Laing v The Queen – WLR Daily

Posted May 28th, 2013 in appeals, human rights, law reports, Privy Council, reasons, trials by sally

Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198

Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by tracey

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk