| In
this section: ADMINISTRATION OF ESTATES | AIRCRAFT | ARBITRATION | BANKING | BANKRUPTCY | BARRISTER | CHANNEL ISLANDS | CHILDREN AND YOUNG PERSONS | COMMONS | CONFIDENTIAL INFORMATION | CONFLICT OF LAWS | CONTRACT
| CORONERS | COSTS | CRIME | CROWN | DAMAGES | DEFAMTION | EDUCATION | ENVIRONMENT | EUROPEAN COMMUNITY | EXECUTION | EXTRADITION | FAIR TRADING | FREEDOM OF INFORMATION | GAMING | HIGHWAY
| HOUSING | HUMAN RIGHTS |
| |
| ADMIN |
Intending administrator – Rights – Property of deceased – Person intending to exercise right to apply for letters of administration – Whether having enforceable right to immediate possession of deceased’s documents as against person in actual possession
Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78
- [2008] 1 WLR 1540
29/02/08
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Carriage by air — Accident — Hot-air balloon trip — Claimant suffering injury — Liability of carrier — Limitation of action — Air Navigation Order 2000 — Carriage by Air Act 1961 — Carriage by Air Acts (Application of Provisions) Order 1967 (SI 1967/480), Sch 1, art 29 — Companies Act 1985 s 651 — Limitation Act 1980 s 39 — Warsaw Convention of 1929 (as amended by the Warsaw-Hague Convention 1955 and Protocol No 4 of Montreal 1975)
Laroche v Spirit of Adventure (UK) Ltd [2008] EWHC 788 (QB); [2008] WLR (D) 118
[2008] WLR (D) 118
17/04/08
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| ARBITRATION |
Arbitrator — Removal — Dispute concerning charterparty referred to arbitration — One of three arbitrators recusing himself after finding of apparent bias — Whether remaining two arbitrators should also recuse themselves as being tainted by apparent bias of third arbitrator — Arbitration Act 1996, s 24
ASM Shipping Ltd of India v Harris & ors [2007] EWHC 1513 (Comm)
[2007] WLR(D) 189, QBD
28/06/07
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Cheque— Collection---Parties to a collection— No privity of contract at common law between customer or payee of remitting bank and collecting bank— Whether Uniform Rules for Collections creating privity of contract between principal and collecting bank
Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); WLR (D) 88
WLR (D) 88
17/03/08 |
| BANKRUPTCY |
Discharge — Effect — Determination prior to bankruptcy that debtor liable to repay overpaid social security benefit — Secretary of State seeking to recover moneys after debtor discharged from bankruptcy — Whether debtor released from liability to repay upon discharge from bankruptcy — Insolvency Act 1986, ss 281, 382(4) — Social Security Administration Act 1992, s 71(1)
R (Balding) v Secretary of State for Work and Pensions [2007] EWHC 759 (Admin)
- [2008] 1 WLR 564
03/04/07
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| BARRISTER |
Negligence — Accrual of cause of action — Claims for negligence against barristers advising on plea in criminal proceedings — House of Lords decision declaring barristers no longer immune from suit — Claim issued 11 years after purported actionable conduct but less than six years after decision — Whether decision having only prospective effect — Whether cause of action accruing prior to decision — Whether claim statute-barred — Limitation Act 1980, s 2
Awoyomi v Radford and another [2007] EWHC 1671 (QB)
- [2008] 3 WLR 34
12/07/07
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| CHANNEL ISLANDS |
Sark — Legislature — Whether Orders in Council relating to governance of Sark incompatible with Convention rights — Real Property (Transfer Tax, Charging and Related Provisions) (Sark) Law, 2007 — Reform (Sark) Law, 2008 — EC Treaty, art 19EC — European Convention for the Protection of Human Rights and Fundamental Freedoms (1953) arts 6, 14, 56, First Protocol, art 3
R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2008] EWHC 1354 (Admin); [2008] WLR (D) 195
[2008] WLR (D) 195
18/06/08
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| CHILDREN AND YOUNG PERSONS |
Care of — Respite placements — Arrangements for Placement of Children (General) Regulations 1991 (as amended by The Children(Short-term Placements) (Miscellaneous Amendments) Regulations 1995), reg 13 — “Respite care: series of short-term placements of children” (LAC (95) 14)
R (L) v Merton London Borough Council
[2008] WLR (D) 191, QBD
12/06/08
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| COMMONS |
Town or village green — Registration — Landowner operating golf course — Land also used by non-golfers — Notices warning of danger —Whether user by non-golfers had been as of right — Inclosure Act 1857, s 12 — Commons Act 1876, s 29 — Commons Act 2006, s 15
R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246
[2008] WLR (D) 246
18/07/08
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| CONFIDENTIAL INFORMATION |
Disclosure — Public interest — Clandestine recording of sado-masochistic activities — Materials so obtained and articles based thereon information published in newspaper and on its website — Action for breach of confidence and of Convention right to respect for private life — Whether newspapers’ reportage in “public interest” — Whether exemplary damages available — Principles applicable to award for compensatory damages — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10
Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] WLR (D); [2008] WLR (D) 259
[2008] WLR (D) 259
24/07/08 |
| CONFLICT OF LAWS |
Jurisdiction — Stay of foreign proceedings — Claimants owing defendant company money under contracts subject to exclusive jurisdiction of English High Court — Insolvency proceedings relating to defendant in Canada — Defendant’s trustee in bankruptcy applying to Canadian court to restrain claimants from refusing to make payment under contracts — Claimants seeking injunction restraining trustee from proceeding with application — Whether injunction to be granted
AWB Geneva SA and another v North America Steamships Ltd [2007] EWHC 1167 (Comm)
[2007] WLR (D) 137
17/05/07
Foreign judgment — Jurisdiction to enforce — Judgments against the appellants obtained in Republic of Cyprus concerning land within Turkish Republic of Northern Cyprus — Respondent registering judgments in High Court — Whether judgments enforceable — Council Regulation (EC) No 44/2001 — Treaty of Accession to the European Union 2003, Protocol 10
Orams and another v Apostolides
[2006] WLR (D) 228
6/09/06
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| CONTRACT |
Construction — "Reasonable endeavours" — Sale of business — Obligation on parties to use "reasonable endeavours" to obtain consent of third party to novation of contracts — Third party not consenting to proposed novation — Defendant failing to persuade third party to change mind — Whether defendant in breach of obligation — Meaning and scope of "reasonable endeavours"
Rhodia International Holdings Ltd and another v Huntsman International LLC [2007] EWHC 292 (Comm)
[2007] WLR (D) 42
21/02/07
Validity — Duress — Inheritance dispute compromised by agreement — Claimants seeking damages for breach of agreement by defendants — Defendants claiming agreement procured by duress and seeking rescission of agreement — Defendants unable to offer claimants substantial restitutio in integrum — Whether defendants able to avoid contract procured by duress without providing restituto in integrum
Halpern v Halpern [2006] EWHC 1642 (Comm) -
[2006] 3 WLR 946
4/07/06
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| CORONERS |
Inquest — Witness summons — Principles considered in context of civil litigation — Principles to be adapted in different context of coroner’s inquest — CPR r 34.4
Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another[2007] EWHC 2513 (QB)
- [2008] 1 WLR 945
31/10/07
Inquest — Coroner’s duties —— Coroner adjourning inquest pending criminal proceedings — Deceased’s family opposing application to adjourn — Whether power to adjourn discretionary — Whether existence of reasons not to adjourn fettering coroner’s power — Coroners Act 1988, s 16(1)(b) — Human Rights Act 1998, Sch 1, Pt 1, art 2 — Coroners Rules 1984 (SI 1984/552), r 27
R (Pereira) v HM Coroner for Inner South London and others
[2007] WLR(D) 163
14/06/07
Inquests — Coroner of the Queen’s Household and Deputy — Jurisdiction — Jury — Whether Deputy Coroner of the Queen’s Household appropriately holding inquests — Whether such coroner having sufficient powers, including power to transfer or receive jurisdiction out of or into “district” — Whether jury to be called — Whether, if jury called, coroner properly continuing to sit as Deputy Coroner of Queen’s Household — Coroners Act 1988, ss 8(3)(d), 14(1)(4), 29 (1)(2)(3)(4)
R (Paul and others) v Deputy Coroner of the Queen’s Household and Assistant Deputy Coroner for Surrey
R (Al Fayed) v Same
- [2008] QB 172
02/03/07
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Order for costs — Protective costs order — Claim for judicial review — Whether test of “exceptionality” to be applied before protective costs order made
R (Compton) v Wiltshire Primary Care Trust; [2008] WLR (D) 123
[2008] WLR (D) 123
22/04/08
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| CRIME |
Practice — Time limit — Summary proceedings — Failure to make monthly declarations to HM Revenue and Customs concerning cross border trade— Start of time limit related to knowledge of Director of Revenue and Customs Prosecutions — Whether matters within knowledge of officers of HM Revenue and Customs to be imputed to Director of Revenue and Customs Prosecutions — Customs and Excise Management Act 1979, s 146A(3) (as inserted by Finance Act 1989, s. 16(1)(4))
Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] WLR(D); [2008] WLR (D) 236
[2008] WLR (D) 236
11/07/08
Crime and disorder — Closure order — Criterion for extension — Human Rights Act 1998, Sch 1, Pt I, art 8 — Anti-social Behaviour Act 2003 (as amended by Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (SI 2006/987) art 4(2)), s 5
R (Smith) v Crown Court at Snaresbrook [2008] EWHC 1282 (Admin)
[2008] WLR (D) 185, QBD
10/06/08
Sentence — Confiscation order — Crown Court reducing amount of confiscation order and extending time for payment — Whether Crown Court having jurisdiction to make order — Criminal Justice Act 1988, ss 75(1), 83
Escobar v Director of Public Prosecutions [2008] EWHC 422 (Admin); WLR (D) 76
WLR (D) 76
06/03/08
Public order —Causing harassment, alarm or distress — Displaying threatening, abusive or insulting visible representation— Complainant not fully aware until several months after display — Complainant becoming full aware only when police officers showing him photograph of display — Whether chain of causation broken by passage of time or acts of police officers in showing photograph to complainant — Public Order Act 1986, s 4A
S v Director of Public Prosecutions; WLR (D) 43
[2008] WLR (D) 43
08/02/08
Failing to deliver up company’s books — Statutory defence — Charge of failing to deliver up books and papers in course of winding up — Statutory defence to prove no intent to defraud — Whether imposing legal or evidential burden on accused — Insolvency Act 1986, ss 208(1)(c)(4) — Human Rights Act 1998, s 3(1), Sch 1, Pt I, art 6(2)
R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13
- [2008] 1 WLR 1525
25/01/08
Evidence — Admissibility — Police officers noting down words spoken by defendant constituting alleged public order offence — Defendant given no opportunity to read or consider notes — Justices finding breach of Code C and excluding evidence of words used as unfairly prejudicial — Whether Code C applying to words constituting alleged offence — Whether words constituting alleged offence as noted in officers’ notebooks to be shown to defendant for consideration — Whether evidence rightly excluded — Police and Criminal Evidence Act 1984 s66 Codes of Practice, Code C, para 11.13
Director of Public Prosecutions v Lawrence
[2007] WLR(D) 203
16/07/07
Crime and disorder — Vagrancy — Defendant found in yard after burglary committed next door — Prosecution alleging defendant hiding from police after burglary — Whether defendant found in yard for “unlawful purpose” — Vagrancy Act 1824, s 4
JL (A Youth) v Crown Prosecution Service
[2007] WLR(D) 202
16/07/07
Crime and disorder — Anti-social behaviour order — Application to extend duration of order by variation — Whether power to vary order by extending duration — Crime and Disorder Act 1998 (c 37), s 1(8)
Leeds City Council v RG
[2007] WLR(D) 194
09/07/07
Children, offences by — Children between ages of 10 and 14 — Defence of doli incapax — Whether still part of British law — Crime and Disorder Act 1998, s 34
Crown Prosecution Service v P [2007] EWHC 946 (Admin)
[2007] WLR (D) 110
27/04/07
Practice — Burden of Proof — Proceeds of Crime — Defendant charged with acquisition and possession of criminal property — Defendant raising defence that property acquired for adequate consideration — Whether legal burden of proof of adequate consideration on prosecution or defendant once issue raised — Proceeds of Crime Act 2002, s 329(2)(c)
Hogan v Director of Public Prosecutions
[2007] WLR (D) 31
21/02/07
Practice — Private prosecution — Death resulting from road traffic accident — Crown Prosecution Service discontinuing proceedings against party for driving without due care and attention — Victim’s father bringing private prosecution — Justices declining to issue summons due to lack of special circumstances — Whether justices adopting wrong approach — Whether decision unlawful
R (Charlson) v Guildford Magistrates’ Court & others -
[2006] 1 WLR 3494
11/09/06
Plea — Change of plea — Justices refusing to allow defendants to vacate guilty pleas — Whether defendants “proved guilty according to law” — Human Rights Act 1998, Sch I, Pt 1, art 6(2)
Revitt and Others v Director of Public Prosecutions [2006] EWHC 2266 (Admin)
- [2006] 1 WLR 3172
8/09/06
Costs — Power to award — Defendant in possession of defendant’s costs order — Solicitor claiming costs following defendant’s acquittal — Defendant making application for reimbursement of costs — Whether claims to be made contemporaneously — Prosecution of Offences Act 1985, s 16 — Costs in Criminal Cases (General) Regulations 1986
R (Brewer) v Supreme Court Costs Office
[2006] WLR (D) 204, QBD
27/07/06
Crime and disorder — Closure order — Standard of proof — Whether criminal standard of proof to be applied — Anti-Social Behaviour Act 2003, s 2(3)(a)(b)
R (Chief Constable of Merseyside Police) v Harrison ( Secretary of State for the Home Department intervening) -
[2007] QB 79; [2006] 3 WLR 171
7/04/06
Practice — Sentence — Mandatory life sentences — Review by judiciary — Setting of a minimum term — Exceptional progress since conviction — Whether to be taken into account when considering minimum period to be served — Criminal Justice Act 2003, Sch 22.
In re Cadman’s Application [2006] EWHC 586 (Admin)
[2006] WLR (D) 84
23/03/06
Practice — Anti-social behaviour orders — Subject of order under 18 years old — Justices qualified to sit in youth court normally to deal with applications — Crime and Disorder Act 1998, ss 1, 1D (as inserted by Police Reform Act 2002, s 65)
Practice Direction (Magistrates’ Courts: Anti-Social Behaviour Orders: Composition of Benches)
[2006] WLR (D) 49
24/02/06
Sentencing
— Community order — Breach — Whether breach to be proved to criminal
or civil standard — Whether sufficient evidence of identity— Powers
of Criminal Courts (Sentencing) Act 2000, Sch 3, para 4(1)
West
Yorkshire Probation Board v Boulter
- [2006] 1 WLR 232
6/10/05
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| CROWN |
Colony — Subordinate legislation — Validity — Ordinance declaring no person having right to abode nor having right without authorisation to enter and remain — Whether irrational — Whether susceptible to judicial review — British Indian Ocean Territory (Constitution) Order 2004 — Immigration Order 2004
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
- [2008] QB 365
11/05/06
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| DAMAGES |
Contribution — Entitlement — Proceedings taken against wrong person — Mistake leading to that person accepting liability — Judgment entered — Whether recovery of contribution available against person who should have been sued — Civil Liability (Contribution) Act 1978, ss 1, 2, 6
BRB (Residuary) Ltd v Connex South Eastern Ltd [2008] EWHC 1172 (QB)
[2008] WLR (D) 177
23/05/08
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| DEFAMATION |
Privilege — Absolute privilege — Dispute between neighbours — Defendant making witness statement in complaint to police against claimant concerning trees on property boundary — Claimant suing for libel — Whether defendant entitled to absolute privilege and immunity from suit
Buckley v Dalziel [2007] EWHC 1025 (QB)
[2007] WLR (D) 119
3/05/07
Fair comment — Pleadings —Defence pleading fair comment on broad raft of supporting factual particulars — Whether facts pleaded in support of fair comment defence required to be within knowledge of author of words complained of when formulated — Whether aspects of pleadings to be struck out
Lowe v Associated Newspapers Ltd [2006] EWHC 320 (QB)
- [2007] 2 WLR 595
28/02/06
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| EDUCATION |
School — Admissions — Faith school — Priority for children of designated faith — Whether direct or indirect racial discrimination — Race Relations Act 1976, s1A (c) (as inserted by reg 3 of the Race Relations Act 1976 (Amendment) Regulations 2003 (SI 2003 No 1626)
R (E) v Governing Body of JFS and Others [2008] EWHC 1535/1536; [2008] WLR (D) 223
[2008] WLR (D) 223
03/07/08 |
| ENVIRONMENT |
Protection — Waste — Leakage of untreated sewage from sewerage system — Whether escaping waste water covered by other domestic legislation — Whether controlled waste — Environmental Protection Act 1990, s 33 — Council Directive 75/442/EEC (as amended), art 2
Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264
[2008] WLR (D) 264
28/07/08
Protection — Felling trees without licence — Whether land “garden” — Forestry Act 1967 ss 9, 17
Rockall v Department for Environment, Food and Rural Affairs; [2008] WLR (D) 227
[2008] WLR (D) 227
03/07/08
Protection — Contamination of land on which gas works stood — Contamination caused or knowingly permitted by statutory predecessors — Whether successor in title liable for remediating contamination — Whether “appropriate person” to bear responsibility — Environment Protection Act 1990, s 78F, as inserted by Environment Act 1995, s 57
R (National Grid Gas plc) v Environment Agency
- [2006] 1 WLR 3041
17/05/06
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| EUROPEAN COMMUNITY
| Breach of Community law - Scope of state liability - State authorities liable for damages of infringement of Community law - Whether including court of last instance - Conditions of liability
Cooper v Attorney General [2008] EWHC 2285 (QB); [2008] WLR (D) 303
[2008] WLR (D) 303
30/09/08
Environment — Waste — Used electrical items awaiting repair and re-sale — Whether “waste”— Environmental Protection Act 1990, ss 33, 75 — Waste Management Licensing Regulations 1994, reg 19, Sch 4 — Council Directive 75/442/EEC (as amended), art 1(a), Annexes I, II
Environment Agency v Thorn International UK Ltd; [2008] WLR (D) 219
[2008] WLR (D) 219
02/07/08
Commission Directive – Implementation – Infant formulae and Follow-on formulae – Directive providing date for prohibition of trade in non-compliant products – Whether prohibition date referring only to compositional elements of formulae or also including packaging and labelling – Commission Directive 2006/141/EC, art 18 – Infant Formula and Follow-on Formula (England) Regulations 2007 (SI 2007/3521), regs 1, 17–19 – Infant Formula and Follow-on Formula (Wales) Regulations 2007 (SI 2007/3573), regs 1, 17-19
Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68
WLR (D) 68
29/02/08
Council Directive — Implementation — Claim for damages for failure to transpose Council Directive into United Kingdom law — Whether Directive granting rights to individuals — Whether claim statute barred — Council Directive 73/239
Poole v Her Majesty’s Treasury [2006] EWHC 2731(Comm)
[2006] WLR (D) 274
9/11/06
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| EXECUTION |
Warrant of possession—Stay of execution—Whether in power of appellate court to stay execution of possession order for more than six weeks from making of order— Housing Act 1980, s 89(1)
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247
[2008] WLR (D) 247
21/07/08
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| EXTRADITION |
Extradition offence — European framework list offence — European arrest warrant containing inaccurate details of sentence to be served — Whether warrant valid — Extradition Act 2003, s 2(6)(e)
Pietrzak v Regional Court in Wloclawek, Poland
[2008] WLR (D) 190, QBD
12/06/08
Appeal — Jurisdiction — Appeal notice filed in time but not served on respondent in time — Whether court empowered to extend time for service of appeal notice — Whether court having jurisdiction to hear appeal — Extradition Act 2003, s 26(4)
Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin)
[2008] WLR (D) 148
09/05/08
Extradition crime — Jurisdiction — Defendant indicted by jury in United States of America — Government wanting to admit further material for purposes of establishing dual criminality — Whether further material admissible — Extradition Act 2003, ss 70, 78, 137
Edwards v Government of the United States of America [2007] EWHC 1877 (Admin)
[2007] WLR (D) 232
31/07/07
Extradition crime — European framework list offence — Defendant convicted and sentenced in Italy following trial in his absence — Defendant lodging appeal — Judgment in Italy not final — European arrest warrant made out as “accusation” warrant — Defendant alleging warrant wrongly made out — Whether accusation or conviction case — Whether warrant valid — Extradition Act 2003 ss 2(3)(5) (as amended by Police and Justice Act 2006, s 42, Sch 13, para 1(1) Pt 1)
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2007] EWHC 1624
- [2008] 1 WLR 31
12/07/07
European arrest warrant — Unlawful detention — Evidence of telephone intercepts relied on in extradition request — Evidence ruled unlawful by court in requesting country — Whether basis of extradition undermined so that continued detention of suspect unlawful — Whether writ of habeas corpus to be issued
Hilali v Governor of Whitemoor Prison and another (Secretary of State for the Home Department intervening) [2007] EWHC 939 (Admin)
- [2008] 2 WLR 299
24/04/07
Habeas corpus — Secretary of State certifying that special extradition arrangements in place between United Kingdom and Rwanda — Additional certificate extending period within which request for extradition to be placed before judge from 45 to 95 days — Applicants arrested and remanded in custody — No request for extradition within 45-day period — Applicants applying for habeas corpus — Whether Secretary of State’s exercise of power by certification to modify primary legislation ultra vires — Whether extended 95-day period lawful — Extradition Act 2003, ss 74(11)(a), 194(4)(b)
Brown (formerly Bajinya) v Governor of Belmarsh Prison [2007] EWHC 498 (Admin)
[2007] WLR (D) 58
13/03/07
Extradition crime — Secretary of State’s certificate — Counsel arguing certificate should not have been issued — Whether appropriate remedy statutory appeal or judicial review — Extradition Act 2003, ss 70, 108
Akaroglu v Government of Romania;
R (Akaroglu) v Secretary of State for the Home Department [2007] EWHC 367 (Admin)
[2007] WLR (D) 44
1/03/07
Extradition crime — Jurisdiction — Defendant charged in United States with conspiracy to fix prices — Charge not requiring element of dishonesty — Conduct alleged including secrecy intended to prejudice others — Whether capable of constituting common law conspiracy to defraud — Whether extradition offence — Extradition Act 2003, s 137
Norris v Government of the United States of America and another (Goldshield Group plc and another, intervening) [2007] EWHC 71 (Admin)
[2007] WLR (D) 11
25/01/07
Restrictions on return — Human rights — Diplomatic notes guaranteeing defendants’ human rights — Whether guarantees sufficient — Extradition Act 2003, s 103
Ahmad v Government of the United States of America; Aswat v Same [2006] EWHC 2927 (Admin)
[2006] WLR (D) 289
30/11/06
Extradition hearing — Disclosure — Application to strike out proceedings as abuse of process — District judge ordering requesting authority or state to disclose relevant documents — Whether appropriate — Extradition Act 2003
R (Government of the United States of America) v Bow Street Magistrates’ Court; R (Central Examining Court, Criminal Court of the National Court, Madrid) v Bow Street Magistrates’ Court [2006] EWHC 2256 (Admin)
[2006] WLR (D) 226
6/09/06
Warrant — Extradition to designated part 1 territory — Warrant alleging dishonesty without particulars to meet charges — Whether warrant of arrest meeting statutory requirement for valid execution
Von Der Pahlen v Leoban High Court, Austria
[2006] WLR (D) 166
27/06/06
Extradition crime — Jurisdiction — Criminal case triable in either of two jurisdictions — Whether decision-maker having discretion as to place of trial — Criminal Justice Act 1987, s 1(3) — Human Rights Act 1998, s 6, Sch 1, Pt I, art 8 — Extradition Act 2003, s 137(2)
R (Bermingham and others) v Director of the Serious Fraud Office;
Bermingham and others v Government of the United States and another [2006] EWHC 200 (Admin)
- [2007] 1 WLR 768
21/02/06
Court's
jurisdiction — High Court remitting question to district judge to decide
on receipt of further evidence — Judge coming to same conclusion as original
extradition hearing — Claimant seeking judicial review — Whether amenable
to judicial review — Extradition Act 2003, s 104 (1)(b) (7)
R
(Okandeji) v Bow Street Magistrates' Court - [2006] 1 WLR 674
11/11/05
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| FAIR TRADING |
Contract — Unfair terms — Banks charging customers with personal accounts when making payments without holding necessary funds in account — Whether exempt from assessment as to fairness — Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083), reg 6(2)
Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128
[2008] WLR (D) 128
24/04/08 Consumer credit — Agreement — Agreements for supply and use of photocopiers for public use in retail premises — Payments to be made only where machines used — Whether consideration pre-condition of consumer hire agreement — Whether payments stipulated payments — Whether agreements regulated consumer hire agreements — Consumer Credit Act 1974, s 15
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd
[2007] WLR (D) 208
18/07/07
|
| FREEDOM OF INFORMATION |
Public authority — House of Commons — Publication scheme providing details of total sums paid in respect of accommodation expenses of Members of Parliament — Speaker’s letter indicating publication scheme meeting obligations under freedom of information legislation — Requests by members of the public for full details of expenses — Whether members legitimately having reasonable expectation of non-disclosure of details — Whether necessary and proportionate to disclose residential addresses — Whether full disclosure justified — Data Protection Act 1998, Sch 2, para 6(1) — Freedom of Information Act 2000, ss 1(1), 19, 40
Corporate Officer of the House of Commons v Information Commissioner and others [2008] EWHC 1084 (Admin)
[2008] WLR (D) 155
16/05/08
Public authority — Information supplied under statutory procedure — Statute forbidding disclosure for other purposes of information given in confidence — Whether information exempt from disclosure pursuant to freedom of information request — Animals (Scientific Procedures) Act 1986, s 24(1)Freedom of Information Act 2000, s 44(1)
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another
[2008] WLR (D) 129
25/04/08
|
| GAMING |
Club — Sum owed to gaming club — Fixed term deferral or postponement of sum — Whether credit provided or allowed — Gaming Act 1968, s 16(1)(b)
Aspinall’s Club Ltd v Al-Zayat (No 2) [2008] EWHC 2101 (Comm); [2008] WLR (D) 301
[2008] WLR (D) 301
03/09/08
|
| HIGHWAY |
Public path — Gating order — Footpath facilitating commission of criminal and anti-social behaviour — Defendants issuing orders closing footpath — Whether behaviour “persistent” — Whether complete closure justified — Highways Act 1980, s129A, as inserted by Clean Neighbourhoods and Environment Act 2005, s2
The Ramblers’ Association v Coventry City Council: [2008] EWHC 796 (Admin)
[2008] WLR (D) 116
17/04/08
Consumer credit — Agreement — Agreements for supply and use of photocopiers for public use in retail premises — Payments to be made only where machines used — Whether consideration pre-condition of consumer hire agreement — Whether payments stipulated payments — Whether agreements regulated consumer hire agreements — Consumer Credit Act 1974, s 15
Right
of way — Definitive map — Right of way initially classified as road
used as public path — Statutory requirement to reclassify — Right of
way reclassified as bridleway — Council proposing to modify definitive map
to show right of way as byway open to all traffic — Secretary of State refusing
to confirm modification order — Whether earlier reclassification as bridleway
extinguishing any public vehicular rights — National Parks and Access to
the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III,
paras 9, 10
R
(Kind) v Secretary of State for the Environment, Food and Rural Affairs [2005]
EWHC 1324 (Admin) - [2006] QB 113; [2005] 3 WLR 616
27/06/05
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|
Residential Care Homes — Registration — Refusal of application for registration as person fit to manage particular care home — Appeal to Care Standards Tribunal after withdrawal of employment offer at particular premises — Whether application for registration required to relate to specific establishment — Whether appeal precluded by specific establishment ceasing to be available — Care Standards Act 2000, ss 11(1), 12(3), 13(2), 14(1), 17(1) — Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002, reg 4A
Welsh Ministers v Care Standards Tribunal and another;
[2008] WLR (D) 8
24/01/08
Secure tenancy — Right to buy — Defendant’s application to exercise right to buy admitted by local authority — Claimant’s secure tenancy terminated by possession order for failure to pay rent — Tenancy later revived — Whether original application to exercise right to buy also revived — Housing Act 1985, ss 121, 138
London Borough of Islington v Honeygan-Green
- [2008] 1 WLR 1350
25/05/07
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| HUMAN RIGHTS |
Public authority — Functions of public nature — Claimant assured tenant of defendant registered social landlord — Claimant owing 8 weeks’ rent — Defendant seeking possession order — Declaration sought by claimant that defendant’s policy to seek mandatory possession order rather than recover debt by other means unlawful — Whether registered social landlord exercising “functions of a public nature” — Whether registered social landlord public authority — Whether registered social landlord amenable to judicial review — Whether policy unlawful — Housing Act 1988, Sch 2, ground 8 — Housing Act 1996, s 1 — Human Rights Act 1998, s 6(3)(b) Sch 1, Pt I, art 8
R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin)
[2008] WLR (D) 207
24/06/08
Right to respect for private and family life — Smoking ban — Claimants detainees at high security psychiatric hospital — Regulation providing mental health units temporary exemption from smoking ban — Whether regulation to be read as providing mental health units with permanent exemption — Whether interference with claimants’ Convention rights — Human Rights Act 1998, s 3(1), Sch 1, Pt 1, arts 8, 14 — Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765), reg 10(3)
R (G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin)
R (N) v Secretary of State for Health
R (B) v Nottinghamshire Healthcare NHS Trust; [2008] WLR (D) 162
[2008] WLR (D) 162, QBD
20/05/08
Right to life – State’s duty to investigate death – Inquest – Death of soldier on active service – Medical effect of hot conditions – Whether procedural obligations arising from Convention right to life applicable – Scope of disclosure of documents – Whether verdict defective as determining question of civil liability – Human Rights Act 1998, Sch 1, Pt I, art 2
Regina (Smith) v Assistant Deputy Coroner for Oxfordshire [2006] EWHC 694 (Admin)
[2008] WLR (D) 108
11/04/08
Right to liberty — Suspected terrorist — Secretary of State issuing non-derogating control order — House of Lords reversing High Court judge’s quashing of control order and remitting proceedings back to High Court — Whether judge should be recused from hearing proceedings — Prevention of Terrorism Act 2005, s 3(10)
Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)
[2007] WLR (D) 318
30/11/07
Right to liberty — Suspected terrorists — Secretary of State issuing non-derogating control order — Whether obligations imposed mounting to deprivation of liberty — Human Rights Act 1998, Sch 1, Pt 1, art 5 — Prevention of Terrorism Act 2005, s 2
Secretary of State for the Home Department v AF
[2007] WLR (D) 85
30/03/07
Right to fair trial — Suspected terrorists — Secretary of State issuing non-derogating control order — Whether procedures relating to supervision by court of non-derogating control orders compatible with Convention rights — Human Rights Act 1998, s 4, Sch 1, Pt 1, art 6(1), 8(1) — Prevention of Terrorism Act 2005, s 3
Secretary of State for the Home Department v MB
- [2008] AC 440
12/04/06
Right to enjoyment
of possessions — Interference mainly constituting control of use — Restriction
imposed on ground preventing or reducing suffering to wild mammals — Whether
restriction lawful and proportionate — Hunting Act 2004 — Convention
for the Protection of Human Rights and Fundamental Freedoms, Protocol 1, art 1
R
(Countryside Alliance and others) v HM Attorney General and another;
R (Derwin
and others) v Same;
R (Friend and another) v Same [2005] EWHC 1677 (Admin)
- [2006] 3 WLR 1017
29/07/05
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