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this section: ADOPTION | AGENCY | ARBITRATION | ATTORNEY GENERAL |
BAHAMAS | BERMUDA | BRITISH VIRGIN ISLANDS | BROADCASTING | BUILDING | CARRIAGE BY LAND | CAYMAN ISLANDS | CHILDREN | COMMONS | COMPANY | COMPETITION | CONFLICT OF LAWS | CONSUMER PROTECTION | CONTRACT | CORONER | CRIME | CROWN |
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| ADOPTION |
Adoption order — Ability to apply — Unmarried couple wishing to adopt child — Regulations preventing consideration of unmarried couple as potential adopters — Whether unreasonable discrimination — Whether breach of couple’s human rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Adoption (Northern Ireland) Order 1987 (SI 1987/2203 (NI 22)), arts 14, 15
In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198
[2008] WLR (D) 198
18/06/08
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| AGENCY |
Termination — Compensation — Agent’s claim of two years’ gross commission — Whether appropriate — Correct basis for assessment — Relevance of state of principal’s business — Commercial Agents (Council Directive) Regulations 1993, reg 17 — Council Directive 86/653/EEC, art 17
Lonsdale (trading as Lonsdale Agencies) v Howard & Hallam Ltd (Winemakers’ Federation of Australia Inc intervening) [2007] UKHL 32
[2007] WLR(D) 184
04/07/07
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Jurisdiction — Owners seeking court declaration as to validity of rescission of charterparties for bribery — Charterers seeking determination of issue by arbitrator pursuant to arbitration clause — Whether arbitration clause impeached by allegations of bribery— Arbitration Act 1996, s 7
Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40
[2007] WLR (D) 254
17/10/07
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| ATTORNEY GENERAL |
Powers and duties — Public interest — Intervention in legal proceedings — Grand Court of Cayman Islands laying down guidelines for approval of liquidators’ fees — Court of Appeal allowing liquidators’ appeal and removing requirement for court’s approval of fees — Attorney General seeking leave to intervene — Whether having sufficient standing — Whether issue of general public importance involved
Attorney General of the Cayman Islands v James Cleaver & Co and others [2006] UKPC 28 -
[2006] 1 WLR 2245
06/06/06
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| BAHAMAS |
Extradition — Committal proceedings — Whether Court of Appeal having jurisdiction to entertain appeal against grant of habeas corpus — Whether Privy Council required to follow own previous decision even if incorrect Gibson v Government of the United States of America
[2007] WLR (D) 206
23/07/07
Practice—Pleading—Striking out—Respondents issuing generally endorsed writ alleging contravention of constitution—Appellants seeking order striking out parts of endorsement as disclosing no reasonable cause of action—Whether Supreme Court having jurisdiction to strike out constitutional proceedings—RSC Ord 18, r 19
Ingraham and others v Glinton and another [2006] UKPC 40
[2006] WLR (D) 197
24/07/06
Extradition—Habeas corpus—Appellant charged with drug offences in United States of America—Presidential designation of appellant as drug “kingpin” under United States statute—Statute applying only to foreigners—Whether appellant prejudiced by designation—Whether appellant would be denied fair trial by reason of nationality—Extradition Act 1994, s 7(1)(c)
Knowles v Government of United States of America and another [2006] UKPC 38
[2006] WLR (D) 187
13/07/06
Banking—Revocation of licence—Governor of Central Bank suspending appellant’s operating licence without notice—Governor subsequently revoking licence—Whether duty to give notice of suspension—Whether revocation valid—Banks and Trust Companies Regulation Act 2000, s 14
Suisse Security Bank & Trust Ltd v Francis [2006] UKPC 11 -
[2006] 1 WLR 1660
13/03/06
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Crime — Drugs — Possession with intent to supply — Whether offence committed if supply intended to take place outside Bermuda — Misuse of Drugs Act 1972 (Bermuda), s 6(3)
Seymour v The Queen [2007] UKPC 59
- [2008] 2 WLR 355
05/11/07
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| BRITISH VIRGIN ISLANDS |
Crime — Jury — Statutory requirement that jurors be empanelled from register of qualified persons — Defendant convicted by jury empanelled from list of voters — Whether trial nullity — Jury Act 1914, ss 1, 8-28
Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149
[2008] WLR (D) 149
08/05/08
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Television — Control of advertisements — Advertisement by animal rights organisation — Objects of political nature — Advertisement directed towards political end — Prohibition on political advertising — Whether necessary in a democratic society — Human Rights Act 1998, Sch 1, Pt I, art 10 — Communications Act 2003, ss 319, 321
R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79
- [2008] 2 WLR 781
12/03/08
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Contract — Determination — Architect issuing certificate of non-completion — Employer giving notice proposing to withhold liquidated damages from sum due under interim certificate — Payment made accordingly — Architect subsequently granting extension of time — Whether cancellation of certificate of non-completion taking effect retrospectively — Whether affecting employer’s right to rely on certificate of non-completion — JCT Standard Form of Building Contract, 1998 ed, Private with Quantities, cll 24, 30
Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77
- [2008] 1 WLR 696
20/02/08
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| CAYMAN ISLANDS |
Government employee — Unlawful dismissal — Appropriate compensation — Court holding dismissal void — No further action taken to lawfully terminate employment — Whether employee having continuing right to full salary
McLaughlin v Governor of the Cayman Islands [2007] UKPC 50
[2007] WLR (D) 224
23/07/07
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| CARRIAGE BY LAND |
International carriage of goods by road — Limitation of liability — Packages exceeding contractual limit on value carried from England to Netherlands — Goods failing to arrive — Whether valid contract for carriage — Whether limitation on liability applying — Carriage of Goods by Road Act 1965, Sch 1
Datec Electronics Holdings Ltd v United Parcels Services Ltd [2007] UKHL 23
[2007] WLR (D) 130
16/05/07
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| CHILDREN |
Care proceedings — Threshold conditions — Allegations of sexual abuse by one child denied by stepfather — Care proceedings relating to other children — Standard of proof — Children Act 1989, ss 1, 31(2)
In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35
[2008] WLR (D) 186, QBD
11/06/08
Children in need — Welfare services — Girl aged 17 provided with accommodation by local authority’s housing department — Not referred to children’s services department — Reaching 18 — Whether duties owed to her under 1989 Act — Whether “former relevant child” — Children Act 1989 (as amended), ss 20, 22(1)
R (M) v Hammersmith and Fulham London Borough Council [2008] UKHL 14; WLR (D) 64
- [2008] 1 WLR 535
27/02/08
Custody rights — Breach — Children habitually resident in Zimbabwe — Mother removing children to England — Father issuing proceedings under Hague Convention for their immediate return over two years later — Children settled in England and objecting to return — Whether case needing to be exceptional before court can exercise discretion to refuse to return — Child Abduction and Custody Act 1985 (c 60), Sch 1, arts 12, 13, 18
In re M and another (Minors) [2007] UKHL 55
[2007] WLR (D) 325
05/11/07
Custody Rights — Breach — Child in Romania removed by mother to England — Court holding removal wrongful notwithstanding ruling of Romanian court to contrary effect — Whether foreign ruling determinative — Child Abduction and Custody Act 1985, Sch 1, arts 3, 5, 15
In re D (A child)(Abduction: Rights of custody) -
[2006] 3 WLR 989
16/11/06
Care proceedings — Interim care order —
Local authority refusing to fund residential assessment with therapy for mother
— Whether court having power to order assessment — Children Act 1989
s 38(6)
In
re G (A Minor) (Interim Care Order: Residential Assessment)
- [2006] 1 AC 576; [2005] 3 WLR 1166
24/11/05
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| COMMONS |
Town or village green — Registration — Land used by local inhabitants for sport and recreation for more than 20 years — Whether use to continue until registration — Whether registration creating rights over land — Commons Registration Act 1965, ss 13, 22 (as amended by Countryside and Rights of Way Act 2000, s 98)
Oxfordshire County Council v Oxford City Council and another [2006] UKHL 25
- [2006] 2 AC 674; [2006] 2 WLR 1235
24/05/06
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| COMPANY |
Mauritius — Personal liability of “principal officer” for unpaid tax — Identification of principal officer — Whether evidence of director's dominant shareholding relevant — Income Tax Act 1995, ss 79, 81(2)
Chiniah v Director General of the Mauritius Revenue Authority
[2007] WLR (D) 94
17/04/07
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Restriction or distortion of competition — Anti-competitive agreement — Requirement for tied tenants to buy beer from specified brewer at list price — Whether contrary to prohibition on anti-competitive agreements — Ruling by Commission on similar agreement — Whether national court bound to accept findings of fact made by Commission — EC Treaty art 81 EC
Crehan v Inntrepreneur Pub Company (CPC) and another - [2006] 3 WLR 148
19/07/06
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| CONFLICT OF LAWS |
Foreign judgment — In rem or in personam — Judgment of Kenyan court ordering transfer of shares in Isle of Man company pursuant to contract governed by Kenyan law — Whether judgment having effect in rem or in personam — Whether enforceable in Isle of Man proceedings
Pattni v Ali and another [2006] UKPC 51
[2006] WLR (D) 280
20/11/06
Tort — Assessment of damages — Englishman injured in road accident in Australia — Vehicle driven by Australian national — Proceedings served on driver in England — Whether English or New South Wales law applicable in relation to assessment of damages — Private International Law (Miscellaneous Provisions) Act 1995, s 14
Harding v Wealands [2006] UKHL 32 -
[2006] 3 WLR 83
5/07/06
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| CONSUMER PROTECTION |
Unfair contract term — Failure to raise unfair-term issue in arbitration proceedings — Whether estoppel from raising issue in challenge to arbitration decision —Council Directive 93/13/EEC, arts 6, 7
Mostaza Claro v Centro Móvil Milenium SL (Case C-168/05)
[2006] WLR (D) 257
26/10/06
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| CONTRACT |
Construction — Interim payments — Whether clause providing for determination of contract and withholding of any further payments applying to outstanding interim payments — Whether employer required to give effective notice of intention to withhold — Housing Grants, Construction and Regeneration Act 1996, s 111(1)
Melville Dundas Ltd and others v George Wimpey UK Ltd and another [2007] UHKL 16
[2007] WLR (D) 100
25/04/07
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| CORONER |
Inquest — Coroner’s duties — Inquest adjourned pending criminal proceedings concerning deceased’s death — Coroner refusing to resume inquest on completion of criminal proceedings — Whether coroner in breach of obligation to investigate unexplained deaths — Whether obligation governed by statute — Coroners Act 1988, ss 11(5)(b)(ii), 16(3) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 2
Jordan v Lord Chancellor and another; McCaughey v Chief Constable of the Police Service of Northern Ireland:[2007] UKHL 14
[2007] WLR (D) 79
28/03/07
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| CRIME |
Investigation — Serious fraud — Investigation of allegations of alleged corruption by Serious Fraud Office — Foreign state’s threat as to consequences if investigation pursued — Effect on national security — Director of Serious Fraud Office discontinuing investigation — Whether entitled to do so — Criminal Justice 1987, s 13
R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60
[2008] WLR (D) 267
30/07/08
Homicide — Murder — Joint enterprise — Accessory party claiming no knowledge of principal’s intention to kill — Liability — Direction to jury
R v Rahman and others [2008] UKHL 45; [2008] WLR (D) 217
[2008] WLR (D) 217
02/07/08
Sexual offences — Rape of child under 13 — Boy aged 15 pleading guilty on basis of consensual sexual intercourse with girl he believed to be 15 — Whether absolute offence conflicting with presumption of innocence — Whether prosecution disproportionate interference with right to private life — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8 — Sexual Offences Act 2003 (c 42), ss 5, 13
Regina v G (Secretary of State for the Home Department intervening) [2008] UKHL 37; [2008] WLR (D) 199
[2008] WLR (D) 199
18/06/08
Evidence — Anonymous witness — Evidence of anonymous witnesses decisive of outcome of trial — Whether conviction safe
R v Davis [2008] UKHL 36; [2008] WLR (D) 196
[2008] WLR (D) 196
18/06/08
Sentence — Confiscation order — When defendant “obtains” criminal assets
Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153
- [2008] 2 WLR 1148
14/05/08
Sentence — Confiscation order — Whether permitting recovery of same sum from different offenders
R v Green [2008] UKHL 30; [2008] WLR (D) 152
- [2008] 2 WLR 1154
14/05/08
Sentence — Confiscation order — Principles to be applied
R v May [2008] UKHL 28; [2008] WLR (D) 151
- [2008] 2 WLR 1131
14/05/08
Proceeds of crime — Confiscation order — Realisable property — Inheritance from parents’ estates — Damages for false imprisonment — Whether “things in action” — Proceeds of Crime (Northern Ireland) Order 1996, arts 3(1), 21
Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33
[2008] WLR (D) 33
06/02/08
Indictment — Validity — Indictment not signed by proper officer — Whether proceedings invalidated — Administration of Justice (Miscellaneous Provisions) Act 1933, ss 1, 2
R v Clarke; R v McDaid [2008] UKHL 8; [2008] WLR (D) 31
- [2008] 1 WLR 338
06/02/08
Practice — Extension of period of detention — Detainee and his solicitor excluded from part of hearing of application for further extension of warrant of detention — Judge refusing to disclose what transpired in their absence — Whether judge acting within his powers — Terrorism Act 2000, s 41(1), Sch 8, para 33(3)
Ward v Police Service of Northern Ireland [2007] UKHL 50
[2007] WLR (D) 302
21/11/07
Homicide — Manslaughter — Appellant preparing syringe of heroin and handing it to deceased who injected himself immediately — Heroin causing death — Whether appellant guilty of manslaughter — Offences against the Person Act 1861 (24 & 25 Vict c 100), s 23
R v Kennedy (No 2) [2007] UKHL 38
- [2008] AC 269
17/10/07
Jury — Panel — Whether presence on jury of serving police officer or solicitor employed by prosecuting body breaching defendant’s right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6
R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37
[2007] WLR (D) 259
17/10/07
Evidence — Admissibility — Out of court statements made by defendant in joint trial — Circumstances in which admissible against co-defendant
Persaud v State of Trinidad and Tobago
[2007] WLR (D) 207
23/07/07
Conspiracy — Fabricating alibi with another — Whether constituting conspiracy to hinder police
Director of Public Prosecutions of Mauritius v Hurnam
[2007] WLR (D) 101
25/04/07
Miscarriage of justice — Statutory compensation — Whether living expenses to be deducted from award for loss of earnings — Whether assessor obliged to follow earlier decision of another assessor in calculating non-pecuniary loss for co-defendant — Criminal Justice Act 1988, s 133
R (O’Brien and others) v Independent Assessor [2007] UKHL 10
- [2007] 2 WLR 544
14/03/07
Practice — Preparatory hearing — Issues appropriate for determination at preparatory hearing — Application for disclosure of documents to defence — Whether application “part of” preparatory hearing — Whether immediate right of appeal — Criminal Justice Act 1987, ss 7(1), 9(3)(11) — Criminal Procedure and Investigations Act 1996, s 8
R v H [2007] UKHL 7 -
[2007] 2 WLR 364
28/02/07
Public Order — Racially aggravated offence — Defendant calling group of Spanish women “bloody foreigners” during altercation — Whether capable of demonstrating hostility based on membership of racial group — Whether “foreigners” constituting “racial group” — Crime and Disorder Act 1998, s 28(4)
R v Rogers [2007] UKHL 8 -
[2007] 2 WLR 280
28/02/07
Bail — Exceptional circumstances — Defendant charged with rape to be granted bail only in exceptional circumstances due to previous convictions — Continued detention after expiry of custody time limit — Whether breach of right to trial within reasonable time — Criminal Justice and Public Order Act 1994, s 25(1) — Human Rights Act 1998, Sch 1, Pt I, art 5(3)
R (O) v Crown Court at Harrow [2006] UKHL 42 -
[2006] 3 WLR 195
26/07/06
Abuse of process — Private prosecution — Offender cautioned by police for assault occasioning actual bodily harm on assurance that no prosecution to follow — Aggrieved party bringing private prosecution for same offence —Whether abuse of process
Jones v Whalley [2006] UKHL 41 -
[2006] 3 WLR 179
26/07/06
Sending grossly offensive message by means of a public electronic communications network — Mens rea — Actus reus — Whether reaction of recipient of message relevant — Communications Act 2003, s 127(1)(a)
Director of Public Prosecutions v Collins [2006] UKHL 40 -
[2006] 1 WLR 2223
19/07/06
Homicide — Alternative verdict — Trial for murder — Neither prosecution nor defence asking for manslaughter to be left to jury — Judge’s duty to leave alternative verdict to jury where evidence to support it
R v Coutts [2006] UKHL 39 -
[2006] 1 WLR 2154
19/07/06
Theft — Dishonest appropriation — Awarding of government contract in breach of prohibition on private gain — Whether dishonest appropriation if no loss sustained — Criminal Code (Laws of the British Virgin Islands, Act No 1 of 1997), ss 203–209
Wheatley and another v Commissioner of Police of the British Virgin Islands [2006] UKPC 24 -
[2006] 1 WLR 1683
4/05/06
Conspiracy — Converting proceeds of crime — Money laundering — Whether necessary for prosecution to prove knowledge that money proceeds of crime — Whether reasonable suspicion sufficient — Criminal Law Act 1977, s 1 — Criminal Justice Act 1988, s 93C(2)
R v Saik [2006] UKHL 18
- [2007] 1 AC 18; [2006] 2 WLR 993
3/05/06
Criminal damage to property — Defence to charge — Lawful excuse — Defendants damaging property at military and naval bases in attempt to prevent waging of allegedly unlawful war — Whether lawful to use reasonable force in prevention of international law crime — Whether crime of aggression triable in domestic law — Criminal Law Act 1967, s 3
Aggravated trespass — Disrupting lawful activity — Defendants disrupting activities at military bases — Whether disrupting lawful activity — Criminal Justice and Public Order Act 1994, s 68
R v Jones (Margaret) and others;
Ayliffe and others v Director of Public Prosecutions;
Swain v Director of Public Prosecutions [2006] UKHL 16
- [2006] QB 227; [2006] 2 WLR 772
29/03/06
Evidence — Defendant’s failure to give evidence — Advisability of counsel making written record of defendant’s instructions — Whether improper for defence counsel to challenge evidence of prosecution witnesses without calling evidence in support
Ebanks (Kurt) v The Queen [2006] UKPC 16
[2006] WLR (D) 86
27/03/06
Sentence — Offences against children — Notification requirements — Offences contrary to Protection of Children Act 1978 and Criminal Justice Act 1988 — Conditional discharges imposed — Whether appellant subject to notification requirements — Sex Offenders Act 1997 (c 51), s 1(1)(a) — Powers of Criminal Courts (Sentencing) Act 2000 (c 6), s 14(1)
R v Longworth - [2006] 1 WLR 313
26/01/06
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| CROWN |
Minister — Contempt of court — Scottish Ministers giving undertaking to court — Breach of undertaking — Civil servant ordered to attend contempt of court proceedings — Court giving no warning, reasons or opportunity to make representations to civil servant before order made — Whether court entitled to make order
Beggs v Scottish Ministers -
[2007] 1 WLR 455
07/02/07
Colony
— Subordinate legislation — Direction under Secretary of State's unlawful
instruction to dependent territory official to refuse fishing licence in territory's
waters to former licence-holder — Claim for damages for deprivation of possession
— Whether instruction given on behalf of United Kingdom government or of
territory's government — Whether right to damages — Human Rights Act
1998, Sch 1, Pt II, art 1 — South Georgia and South Sandwich Islands Order
(SI 1985/449), s 5
R
(Quark Fishing Ltd) v Secretary of State for the Foreign and Commonwealth Office
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[2006] 1 AC 529; [2005] 3 WLR 837
13/10/05
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