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JAMAICA

Legal profession — Professional misconduct — Complaint made on her behalf by complainant’s son — Whether making and signing of affidavit by son sufficient to invoke disciplinary jurisdiction — Legal Profession Act (Laws of Jamaica, Act No 15 of 1971), s 12
General Legal Council, Ex parte Whitter v Frankson [2006] UKPC 42
- [2006] 1 WLR 2803
26/07/06

Crime — Evidence — Statement of accused obtained in breach of Judges’ Rules — Whether admissible in evidence
Peart v The Queen [2006] UKPC 5
- [2006] 1 WLR 970
14/02/06

Constitution — Human rights and fundamental freedoms — Right of defendant in criminal proceedings to examine prosecution witnesses in court — Whether exercise of judicial power to admit unsworn written statements of absent witnesses unconstitutional — Jamaica (Constitution) Order 1962 (SI 1962/1550), Sch 2, s 20(6)(d) — Evidence Act, s 31D
Grant v The Queen - [2007] 1 AC 1; [2006] 2 WLR 835
16/01/06

Crime — Capital murder — Killing in "course or furtherance of" burglary — Whether two separate criminal purposes required — Offences against the Person Act (Laws of Jamaica, c 268), s 2(1)(d)(ii) (as substituted by Offences against the Person (Amendment) Act 1992 (No 14), s 2)
Smith (Evon) v The Queen [2005] UKPC 43 - [2006] 1 WLR 252
14/11/05

Road traffic — Motor manslaughter — Police officer involved in fatal motor collision — Officer tried and convicted for manslaughter — Whether judge adequately directing jury on recklessness required to establish offence — Whether alternative charge of causing death by reckless driving should have been left to jury — Road Traffic Act (Laws of Jamaica, c 346), s 30(1)(2)
Brown (Uriah) v The Queen [2005] UKPC 18 - [2006] 1 AC 1; [2005] 2 WLR 1558
13/04/05

JUDICIAL PRECEDENT

House of Lords decision - How far binding - Decision of House of Lords inconsistent with subsequent decision of European Court of Human Rights - Whether courts of inferior jurisdiction to follow decision of House of Lords or European Court of Human Rights
Kay v Lambeth London Borough Council;
Leeds City Council v Price [2006] UKHL 10
- [2006] 2 AC 465; [2006] 2 WLR 570
8/03/06

JUDICIAL REVIEW

Practice — Discovery — Claimant alleging disproportionate interference with human rights — Material documents summarised in defendant’s affidavit — Whether order for specific discovery necessary for just disposal of case — RSC (NI) Ord 24
Tweed v Parades Commission for Northern Ireland [2006] UKHL 53
- [2007] 2 WLR 7
13/12/06

Decision to prosecute — Whether reviewable — Whether criminal proceedings to be stayed pending judicial review — Whether allegations of abuse of process more appropriately dealt with in course of criminal proceedings
Sharma v Browne-Antoine [2006] UKPC 57
[2006] WLR (D) 291
30/11/06

Court's jurisdiction — Review of immigration decisions — Petitioner resident in Scotland appealing against refusal of asylum — Appeal process determined by adjudicator and Immigration Appeal Tribunal sitting in England — Whether decisions subject to supervisory jurisdiction of Court of Session
Tehrani v Secretary of State for the Home Department
- [2006] 3 WLR 699
17/10/06

JUSTICES

Jurisdiction — Child support — Whether magistrates’ court hearing application for liability order having jurisdiction to adjudicate on making of maintenance assessment
Farley v Secretary of State for Work and Pensions (No 2) [2006] UKHL 31
- [2006] 1 WLR 1817
28/06/06

LANDLORD AND TENENT

Leasehold enfranchisement — Valuation — Whether value of landlord’s or freeholder’s interest in premises to include value of option to sell lease extension or freehold to tenant — “Hope value” — Leasehold Reform Act 1967, s 9 — Leasehold Reform, Housing and Urban Development Act 1993 (as amended), Sch 6, paras 3, 4, Sch 13, paras 3, 4
Earl Cadogan and another v Sportelli and another [2008] UKHL 71
[2008] WLR (D) 378
10/12/08

Assignment of lease or undertaking — Effect of assignment — Landlord serving statutory notice of intention to recover unpaid rent from assignor — Whether revised rent to be determined in pending rent review “now due” — Landlord and Tenant (Covenants) Act 1995, s 17 — Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 (SI 2964/1995), Sch, Form 1
Scottish & Newcastle plc v Raguz [2008] UKHL 65; [2008] WLR (D) 335
[2008] WLR (D) 335
29/10/08

Leasehold enfranchisement — Qualifying tenant — Whether head lessee of block of flats entitled to new lease of single flat in block — Leasehold Reform, Housing and Urban Development Act 1993, s 39
Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd [2008] UKHL 44; [2008] WLR (D); [2008] WLR (D) 208
- [2008] 3 WLR 244
25/06/08

Leasehold enfranchisement — Adjoining properties — Whether landlord’s intention to redevelop tenant’s flat and flat below into single unit defeating tenant’s right to acquire new lease — Whether two flats together constituting “premises” in which tenant’s flat contained — Leasehold Reform, Housing and Urban Development Act 1993, s 47
Majorstake Ltd v Curtis [2008] UKHL 10; [2008] WLR (D) 32
[2008] WLR (D) 32
06/02/08

Leasehold enfranchisement — Tenants’ right to acquire reversion — Premises built as residences — Subsequently either used for commercial purposes or incapable of residential use — Tenants serving notice seeking enfranchisement — Whether premises “designed or adapted for living in” when notice served — Whether tenants entitled to enfranchisement — Leasehold Reform Act 1967 (as amended by Commonhold and Leasehold Reform Act 2002, s 138(1)), s 2
Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16
- [2008] 1 WLR 289
30/01/08

LICENSING

Sex establishment — Objections — Licence refused — Whether licensing authority wrong to consider objections made after expiry of 28-day period — Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, Sch 2, para 10(15)(16)
Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19
[2007] WLR (D) 141
25/04/07

Licensed premises — Removal of special licence — Licensed premises acquired by local authority for future redevelopment — Whether premises “occupied” or about to be “occupied” for “public purpose” — Whether justices having jurisdiction to grant special removal of licence to new premises
R (Bushell and others) v Newcastle upon Tyne Licensing Justices and another [2006] UKHL 7 - [2006] 1 WLR 496
15/02/06

LIMITATION OF ACTION

Personal injuries — Claim for damages for sexual assault — Whether time running from date of knowledge of significance of injury — Limitation Act 1980, ss 2, 11, 14, 33
A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6
[2008] WLR (D) 20
30/01/08

Acknowledgment — Debt — Debtor’s letters referring to “the outstanding balance” and “the outstanding amount” — Whether acknowledgments of debt — Whether entitled to without prejudice privilege — Limitation Act 1980, s 29(5)
Bradford & Bingley plc v Rashid [2006] UKHL 37 - [2006] 1 WLR 2066
12/07/06

Personal injuries — Time limit, power to override — Claimant injured by uninsured defendant in road traffic accident — Action begun against defendant within limitation period — Bureau denying liability based on claimant’s failure to give required notice — Second action begun after expiry of time limit — Whether discretion to disapply limitation period in respect of second action — Limitation Act 1980, ss 11, 33
Horton v Sadler and another [2006] UKHL 27 - [2006] 2 WLR 1346
14/06/06

Negligence — Accrual of cause of action — Accountants negligently preparing statutory annual reports on solicitor’s practice for submission to Law Society — Solicitor subsequently misappropriating clients’ moneys — Law Society failing to investigate or intervene in practice in reliance on reports — Law Society compensating clients from Solicitors’ Compensation Fund — Whether cause of action against accountants in negligence accruing at time of misappropriations or at time of claim being made against compensation fund — Limitation Act 1980, s 2
Law Society v Sephton & Co (a firm) and others [2006] UKHL 22 - [2006] 2 AC 543; [2006] 2 WLR 1091
10/05/06

Latent damage not involving personal injuries — Time limits for negligence actions — Claimants buying company relying on allegedly negligent advice — Whether having requisite “knowledge” before starting date — Whether knowing that damage “attributable” to act or omission alleged to constitute negligence — Limitation Act 1980, s 14A (as inserted by Latent Damage Act 1986, s 1)
Haward and others v Fawcetts (a firm) and another [2006] UKHL 9
- [2006] 1 WLR 682
1/03/06

LOCAL GOVERNMENT

Powers — Gipsies — Travellers occupying caravan site under licence agreement — Local authority serving notice to quit — Whether infringing Convention right to respect for home — Mobile Homes Act 1983, s 5(1) — Human Rights Act 1998, ss 3(1), 6(1)(2)(b), Sch 1, Pt I, art 8
Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291
- [2008] 3 WLR 636
30/07/08

MARKET

Statutory market — Powers — Market authority responsible for market with monopoly franchise for dealing in horticultural produce — Secretary of State’s consent permitting authority to grant extension to traders’ leases for face to face sale of meat and fish products — Whether permission lawful — Covent Garden Market Act 1961, s 18(1)(f)
R (Corporation of London) v Secretary of State for the Environment, Food and Rural Affairs and another [2006] UKHL 30
- [2006] 1 WLR 1721
21/06/6

MAURITIUS

Court order — Judicial auction — Power of court to re-open bidding
Bundhoo v State of Mauritius [2007] UKPC 25
[2007] WLR (D) 104
25/04/07

Judicial review — Director of Public Prosecutions — DPP’s decision to discontinue private prosecution — Whether decision amenable to judicial review — Constitution of Mauritius (Laws of Mauritius, 2000 rev, vol 1), s 72(3)(c)
Mohit v Director of Public Prosecutions of Mauritius [2006] UKPC 20
- [2006] 1 WLR 3343
25/04/06

Constitution — Amendment — Restriction on right to bail — Person charged with drugs offences denied bail under amended provision of Constitution — Whether amendment valid — Constitution of Mauritius, ss 1, 5(3)(3A), 47(3) — Dangerous Drugs Act 2000, s 32
State of Mauritius v Khoyratty [2006] UKPC 13
- [2007] 1 AC 80
22/03/06

Constitution — Human rights and fundamental freedoms — Right to personal liberty — Appellant charged with conspiracy to murder and conspiracy to commit serious assault with premeditation — Whether appellant should be released on bail pending trial — Whether seriousness of offence conclusive reason for refusing bail — Principles which should guide courts in exercising discretion to grant or refuse bail — Constitution of Mauritius, ss 3, 5 — Bail Act 1999, s 4
Hurnam v State of Mauritius [2005] UKPC 49 - [2006] 1 WLR 857
15/12/05

MENTAL DISORDER

Leave to bring proceedings — Civil proceedings — Police officers removing claimant to place of safety — Claimant bringing action against officers without obtaining leave of High Court — Whether failure to obtain leave rendering proceedings nullity — Mental Health Act 1983, s 139(2)
Seal v Chief Constable of South Wales Police [2007] UKHL 31
[2007] WLR(D) 185
04/07/07

Mental health review tribunal — Discharge of patient — Detained patient incompetent to apply for own discharge — Extension of detention pending determination of approved social worker's application to displace nearest relative — Whether statutory scheme incompatible with patient's Convention right to liberty — Mental Health Act 1983, ss 2, 29(4) — Human Rights Act 1998, Sch 1, Pt I, art 5(4)
R (H) v Secretary of State for Health - [2006] 1 AC 441; [2005] 3 WLR 867
20/10/05

Patient — Seclusion — High security hospital — Frequency of medical review — Hospital's policy not complying with Secretary of State's Code of Guidance — Whether non-compliance lawful — Whether infringement of patient's Convention rights — Mental Health Act 1983, s 118(1) — Human Rights Act 1998, Sch 1, Pt I, arts 3, 5(1), 8
R (Munjaz) v Mersey Care NHS Trust - [2006] 2 AC 148; [2005] 3 WLR 793
13/10/05

Place of safety order — Validity of detention — Warrant naming health professionals to accompany constable — Named persons absent when warrant executed — Whether warrant and execution valid — Whether power in magistrate to specify names — Mental Health Act 1983 (as amended by Police and Criminal Evidence At 1984, s 119(1)(2), Sch 7, Pt I), s 135(1)
Ward v Comr of Police of the Metropolis and another
- [2006] 1 AC 23; [2005] 2 WLR 1114
5/05/05

NATURAL JUSTICE

Apparent bias — Judge’s membership of association — Judge belonging to association of Jewish lawyers determining asylum claim of Palestinian activist — Whether extreme views in association's magazine to be imputed to judge — Whether possibility of bias
Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326
[2008] WLR (D) 326
22/10/08

NEGLIGENCE

Duty of care — Police — Claimant reporting to police threats of violence from identified attacker — Claimant suffering serious injury by attacker — Police failing to take preventative steps before attack — Whether police owing duty of care to claimant — Whether claimant having cause of action against police
Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284
[2008] WLR (D) 284
30/07/08

Causation — Suicide — Employee injured at work — Employer liable — Employee suffering from severe depression as result of accident — Eventual suicide — Whether employer liable — Contributory negligence — Fatal Accidents Act 1976, s 1
Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62
- [2008] 2 WLR 499
27/02/08

Damage — Asbestos exposure — Employees developing symptomless and harmless pleural plaques — Whether giving rise to claim against employer — Whether employer liable for psychiatric illness caused by fear of contracting disease in future
Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another [2007] UKHL 39
[2007] WLR (D) 256
17/10/07

Duty of care to whom ? — Bank — Freezing injunctions granted to claimant over specified bank accounts — Bank notified of injunctions — Funds released in breach of injunctions — Whether bank owing duty of care to claimant
Customs and Excise Commissioners v Barclays Bank plc [2006] UKHL 28
- [2006] 3 WLR 1
21/06/06

Causation — Asbestos exposure — Claimants developing mesothelioma after exposure to asbestos dust in more than one period of employment — Claimants unable to establish which period of exposure causing mesothelioma — Whether employers jointly and severally liable or only severally liable
Barker v Corus UK Ltd;
Murray v British Shipbuilders (Hydrodynamics) Ltd and others;
Patterson v Smiths Dock Ltd and others [2006] UKHL 20
- [2006] 2 AC 572; [2006] 2 WLR 1027
3/05/06

NUISANCE

Public nuisance — Common law offence — Whether offence existing at common law — Whether offence sufficiently clearly defined — Whether acts against several different individuals capable of constituting public nuisance — Whether actual knowledge of risk of nuisance necessary
R v Rimmington;
R v Goldstein
- [2006] 1 AC 459; [2005] 3 WLR 982
27/10/05

PATENT

Entitlement reference — Amendment — Claim seeking joint ownership of patent changed to claim for sole ownership — Whether amendment constituting new claim made outside time limit — Patents Act 1977, s 37(1)
Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43
[2007] WLR (D) 274
24/10/07

PITCAIRN ISLAND

Jurisdiction — Sexual offences — Appellants convicted under English statute — Whether island British possession — Whether English statute applicable — Sexual Offences Act 1956
Christian and others v The Queen [2006] UKPC 47
[2006] WLR (D) 264
30/10/06

PLANNING

Development — Environmental impact assessment — Grant of outline planning permission subject to approval of reserved matters — Whether power to require assessment at reserved matters stage — Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (SI 1988/1199), reg 4(2) — Council Directive 85/337/EEC, arts 1(2), 2(1), 4(2)
R (Barker) v Bromley London Borough Council (Secretary of State for Communities and Local Government intervening) [2006] UKHL 52
- [2006] 3 WLR 1209
6/12/06

POLICE

Powers — Breach of peace — Protesters travelling to demonstration by coach — Police believing some protesters likely to cause breach of peace — Coaches prevented from proceeding to demonstration and forcibly returned — Protesters detained on coach throughout return journey — Whether police reasonably apprehending imminent breach of peace — Whether preventive action other than arrest legitimate — Whether decision to prevent protesters attending demonstration lawful — Whether failure to discriminate between protesters lawful — Whether forcible return of coaches and detention of protesters proportionate — Human Rights Act 1998, Sch 1, Pt1, arts 10, 11
R (Laporte) v Chief Constable of Gloucestershire Constabulary [2006] UKHL 55 - [2007] 2 WLR 46
13/12/06

Powers — Stop and search — Articles connected to terrorism — Successive authorisations and confirmations covering whole metropolitan area — Whether lawful — Whether unlawful interference with human rights — Whether powers exercised lawfully — Human Rights Act 1998, Sch 1, Pt I, arts 5, 8, 10, 11 — Terrorism Act 2000, ss 44, 45, 46
R (Gillan) v Comr of Police of the Metropolis and another; R (Quinton) v Same [2006] UKHL 12
- [2006] 2 AC 307; [2006] 2 WLR 537
8/03/06

PRACTICE

Stay of proceedings — Jurisdiction under European Convention — Claimants issuing proceedings in High Court — Copy claim form not served on Swiss defendants — Defendants issuing proceeedings in Switzerland involving same cause of action — Swiss court seised of proceedings on issue — Whether order dispensing with service making High Court “first seised” of proceedings — Civil Jurisdiction and Judgments Act 1982, Sch 3C (as inserted by Civil Jurisdiction and Judgments Act 1991, s 1(3), Sch 1)
Phillips and another v Symes and others [2008] UKHL 1; [2008] WLR (D) 6
[2008] WLR (D) 6
23/01/08

Claim — Jurisdiction under European Convention — Claim brought in courts of Gibraltar against defendants domiciled in Netherlands and Poland — Claimant asserting that jurisdiction conferred on courts of Gibraltar by agreement between parties — Standard of proof required — Council Regulation (EC) 44/2001, arts 2(1), 23(1)
Bols Distilleries BV and another v Superior Yacht Services Ltd [2006] UKPC 45 - [2007] 1 WLR 12
11/10/06

Appeal — Dismissal for want of appearance — Reinstatement — Appellant misled by court as to hearing date — Appeal dismissed for want of appearance by appellant — Whether appeal to be reinstated — Whether merits to be considered
Gaydamak and another v UBS Bahamas Ltd and another [2006] UKPC 8
- [2006] 1 WLR 1097
28/02/06

PRISONS

Prisoners’ rights — Release on licence — Prisoner serving life sentence released on licence — Licence revoked after allegations of child sexual abuse but no charges brought — Life Sentence Review Commissioners advising Secretary of State on whether to release prisoner — Standard of proof to be applied — Life Sentences (Northern Ireland) Order 2001 (SI 2564/2001)
In re D (Secretary of State for Northern Ireland intervening) [2008] UKHL 33
- [2008] 1 WLR 1499
11/06/08

Prisoner’s rights — Release on licence — Legislation at time of sentence entitling long-term prisoner to unconditional release after three quarters of fixed term — Prisoner released on licence recalled after new legislation in force — Whether re-released prisoner subject to licence until expiry of term under new sentencing regime — Whether entitled to unconditional release — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005 (SI 2005/950 (C 42)), Sch 2, paras 19, 23
R (Stellato) v Secretary of State for the Home Department [2007] UKHL 5
- [2007] 2 WLR 531
14/03/07

Prisoners’ rights — Release on licence — Long-term prisoners having early release determined by Parole Board save where sentence exceeding 15 years or when subject to deportation orders — Whether differential treatment in breach of Convention right to liberty — Criminal Justice Act 1991, ss 35, 46(1), 50(2) — Human Rights Act 1998, Sch 1, Pt I, arts 5, 14
R (Clift) v Secretary of State for the Home Department;
R (Hindawi and Another) v Same [2006] UKHL 54 - [2007] 2 WLR 24
13/12/06

Prisoners' rights — Mandatory life sentence — Statutory requirement for trial judge to fix minimum term — Determination by High Court where prisoner convicted before coming into force of provision — Whether oral hearing permissible — Criminal Justice Act 2003, Sch 22, para 11(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 6
R (Hammond) v Secretary of State for the Home Department
- [2006] 1 AC 603; [2005] 3 WLR 1229
1/12/05

Prisoner's rights — Release on licence — Young persons detained during Her Majesty's pleasure — Tariff fixed by Secretary of State on recommendation of Lord Chief Justice — Whether Secretary of State to keep tariff under review — Human Rights Act 1998, Sch 1, Pt I, art 6(1)
R (Smith) v Secretary of State for the Home Department
- [2006] 1 AC 159
28/07/05

Prisoner's rights — Release on licence — Young persons detained during Her Majesty's pleasure — Tariff fixed by Secretary of State on recommendation of Lord Chief Justice — Whether prisoner entitled to oral hearing on review before Lord Chief Justice — Human Rights Act 1998, Sch 1, Pt I, art 6(1)
R (Dudson) v Secretary of State for the Home Department
- [2006] 1 AC 245
28/07/05

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