WLR Daily: Subject Matter Search

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INSURANCE

Non-disclosure — Material facts — Contract for buildings insurance — Insured completing proposal forms prior to contract and supplying incorrect information regarding previous involvement in other companies — Insured not disclosing information of disputed tax assessment — Whether non-disclosure of material facts — Whether insurers induced into entering contract — Whether contract validly avoided by insurers
Meisels and another v Norwich Union Insurance Ltd
[2006] WLR (D) 273
9/11/06

INJUNCTION

Harassment — Defence — Private individual flying banners and instigating secret surveillance concerning another individual — Balance between freedom of expression and right to physical and psychological integrity — Whether course of conduct amounting to harassment — Whether defence that surveillance pursed to detect crime — Protection from Harassment Act 1997, ss 1(1)(3), 7 — Human Rights Act 1998, Sch1, Pt1, arts 8, 10
Howlett v Holding [2006] EWHC 41 (QB)
[2006] WLR (D) 12
25/01/06

Freezing order — Variation — Agency obtaining freezing order in support of claim that property obtained through unlawful conduct — Defendant seeking release of funds for legal representation and fees for studies — Principles applicable to granting variation — Proceeds of Crime Act 2002, Pt 5
Director of Assets Recovery Agency v Creaven and others - [2006] 1 WLR 6228/11/05

JUDICIAL PRECEDENT

Crown Court — Jurisdiction — Order made during trial remanding claimant in custody as a witness pending receipt of further evidence — Whether order matter “relating to trial on indictment” — Whether susceptible to judicial review — Criminal Procedure (Attendance of Witnesses) Act 1965, s 4(3) — Supreme Court Act 1981, s 29(3)
R (TH) v Crown Court at Wood Green
[2006] WLR (D) 263
31/10/06

JUDICIAL REVIEW

Serious Fraud Office — Investigation — Investigation into allegations of bribery — Threats made to government unless investigation ceased — Director of Serious Fraud Office stopping investigation — Whether lawful
R (Corner House Research and another) v Director of the Serious Fraud Office
[2008] WLR (D) 106
10/04/08

Crown Court – Jurisdiction – Confiscation order made against thief but no compensation order made in favour of victim – Whether confiscation and compensation orders matters “relating to trial on indictment” – Whether decision amenable to judicial review – Supreme Court Act 1981, s 29 (3) – Human Rights Act 1998, s 9(2), Sch 1, Pt I, art. 6, Pt II, art 1
R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2763 (Admin)
[2007] WLR (D) 279
26/10/07

Crown Court — Jurisdiction — Judge imposing unlawful sentence — Whether sentence to be quashed in judicial review proceedings — Whether matter “relating to trial on indictment” — Supreme Court Act 1981 (c 54), s 29(3)
R (Crown Prosecution Service) v Crown Court at Guildford
[2007] WLR(D) 188, QBD
04/07/07

JUSTICES

Summary proceedings — Insanity — Defendant charged with assaulting police officer in execution of duty — Defendant pleading defence of insanity — District judge adjourning trial with view to making hospital or guardianship order — Whether defendant entitled to trial — Mental Health Act 1983, s 37(3)
R (Singh) v Stratford Magistrates’ Court [2007] EWHC 1582 (Admin)
[2007] WLR(D) 186
03/07/07

Information — Whether validly laid — Dispute between householders — Alleged offensive behaviour by one party — Third party uninvolved in dispute and unaffected by offensive behaviour bringing private prosecution — District judge finding no issues of public interest and no jurisdiction to hear informations — Whether non-aggrieved private prosecutor having to establish public interest — Whether individual other than aggrieved entitled to bring private prosecution — Whether informations validly laid — Prosecution of Offences Act 1985, s 6(1)
Ewing v Davis
[2007] WLR(D) 182
02/07/07

Information — Whether validly laid — Prosecutor faxing information to magistrates’ court on Friday — Six-month time limit expiring on that day — Court stamping information as received on following Monday — Whether proceedings “instituted” when information laid — Whether information laid within six-month time limit — Forestry Act 1967 s17(2)
Rockall v Department for Environment, Food and Rural Affairs [2007] EWHC 614
[2007] WLR (D) 74
22/03/07

Evidence — Further evidence — Defence introducing new point in closing speech — Justices retiring to consider verdict — Justices partially announcing before deciding to admit further prosecution evidence to meet new point — Whether proper exercise of justices’ discretion
Malcolm v Director of Public Prosecutions [2007] EWHC 363
- [2008] 1 WLR 17
27/02/07

Clerk to justices — Functions — Justices’ clerk making defendant’s previous convictions available to justices after formulation of decision as to conviction but before announcement of conviction in open court — Whether perception of injustice — Whether conviction to be quashed — When advice as to conviction to be given by justices’ clerks
R (Murchison) v Southend Magistrates’ Court
[2006] WLR (D) 11
24/01/06

Freezing order — Variation — Agency obtaining freezing order in support of claim that property obtained through unlawful conduct — Defendant seeking release of funds for legal representation and fees for studies — Principles applicable to granting variation — Proceeds of Crime Act 2002, Pt 5
Director of Assets Recovery Agency v Creaven and others
- [2006] 1 WLR 622
8/11/06

Jurisdiction — Adjournment — Hearing for closure order adjourned beyond 14 days specified in statute to allow claimant to obtain legal representation — Whether justified — Magistrates' Courts Act 1980, s 54 — Anti-social Behaviour Act 2003, s 2
Turner v Highbury Corner Magistrates' Court - [2006] 1 WLR 220
11/10/05

LICENSING

Pet animals — Birds for sale at bird fair — Traders possessed of pet shop licences — Fair organiser obtaining licence to cover fair sales away from shop premises — Whether trading at fair illegal “market” trading — Whether organiser’s licence covering activity of individual traders — Pet Animals Act 1951, ss 1, 2
R (Haynes) v Stafford Borough Council
[2006] WLR (D) 154
14/06/06

LIMITATION OF ACTION

Personal injuries — Time limit, power to override — Defendant sentenced to life imprisonment for sexual assault — Claimant not bringing civil claim because of defendant’s impecuniosity — Defendant’s win on National Lottery following release on licence — Claimant bringing civil claim after expiry of limitation period — Whether court should exercise discretion to disapply time limit in favour of claimant — Limitation Act 1980, ss 11, 33
A v Hoare (No 2) [2008] EWHC 1573 (QB); [2008] WLR (D) 230
[2008] WLR (D) 230
08/07/08

Period of limitation — Substitution of defendant — Injured party mistakenly issuing claim against distributor of vaccine — Application after expiry of limitation period to substitute manufacturer as defendant — Whether injured party entitled to substitute manufacturer as defendant to claim — Limitation Act 1980 s 35
O’Byrne v Aventis Pasteur MSD ltd [2006] EWHC 2562 (QB)
- [2007] 1 WLR 757
20/10/06

Personal injuries — Time limit, power to override — Defendant convicted of attempted rape of claimant — Defendant winning substantial amount of money 15 years later — Claimant bringing action in damages — Whether claimant's right of access to court disproportionately restricted — Limitation Act 1980, ss 2, 11(1)(4), 14 — Human Rights Act 1998, Sch1, Pt 1, art 6(1)
A v Hoare [2005] EWHC 2161 (QB) - [2006] 1 WLR 2320
14/10/05

MEDICAL PRACTITIONER

Fitness to Practice Panel — Procedure — Finding of serious professional misconduct — Practitioner giving mistaken but honest expert evidence in court — Whether witness’s immunity from suit extending to disciplinary proceedings
Meadow v General Medical Council [2006] EWHC 146 (Admin)
[2006] WLR (D) 40
17/02/06

NATIONAL HEALTH SERVICE

Health professionals — Children under 16 — Departmental guidance on sexual matters — Advice and treatment for children under 16 without parental knowledge or consent — Whether infringing parental rights — Whether advice contained in guidance lawful — Human Rights Act 1998, Sch 1, Pt I, art 8
R (Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
- [2006] QB 539; [2006] 2 WLR 1130
23/01/06

NATURAL JUSTICE

Bias — Apparent bias — Local councillors involved in freemasonry — Full council approving planning application believed to benefit local masonic lodge — Whether apparent bias in decision-making process
R (Port Regis School Ltd) v North Dorset District Council [2006] EWHC 742 (Admin)
[2006] WLR (D) 95
5/04/06

NEGLIGENCE

Duty of care to whom? — Local authority — Vulnerable family housed in flat and provided with social services by local authority — Flat infiltrated by youths — Youths imprisoning family in flat and assaulting them — Whether local authority owing duty of care to parents of family — Whether breach of duty
X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB)
[2008] WLR(D) 180
23/05/08

PENSIONS

Appeal tribunal — Notification requirements — Appeals from Secretary of State for Defence’s decisions on war pensions claims — Requirements for notification of rights of appeal and of time limits — Consequences of failure to comply with notification requirements — Pensions Appeal Tribunals Act 1943, ss 8, 9
Secretary of State for Defence v Pensions Appeal Tribunal
[2007] WLR (D) 145
18/05/07

PLANNING

Listed building control — Claimants’ farmhouse listed building — Wartime pill box situated near listed building — Local planning authority refusing claimants’ application for listed building consent to demolish pill box — Claimants seeking declaration from High Court that pill box not part of listed building — Whether local planning authority and Secretary of State having jurisdiction to determine whether pill box listed — Whether High Court more appropriate forum to resolve dispute — Planning (Listed Buildings and Conservation Areas) Act 1990
Chambers v Guildford Borough Council [2008] EWHC 826 (QB)
[2008] WLR (D) 125
22/04/08

Enforcement notice – Time limit for appealing – Defendant not receiving notice in time to enter appeal against it – Planning authority brining prosecution for breach – Whether infringing Convention right to fair trial – Whether prosecution abuse of process of court – Town and Country Planning Act 1990, s 174(3) – Human Rights Act 1998, Sch 1, Pt I, art 6(1)
Goodall v Peak District National Park Authority
[2008] WLR (D) 99
04/04/08

Planning permission – Validity – Making best use of land – Conserving biodiversity – Site of proposed development habitat of endangered invertebrates – Whether grant of planning permission flawed – Local Government Planning and Land Act 1980, s 136 – Natural Environment and Rural Communities Act 2000, s 40
Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn
WLR (D) 59
22/02/08

Development — Regeneration of urban area — Compulsory purchase order made in under powers to acquire “under-used or ineffectively used” land — Land comprising derelict and well-maintained properties — Inspector concluding that land “predominately” under or ineffectively used — Secretary of State confirming order — Whether conclusion satisfying statutory requirements — Leasehold Reform, Housing and Urban Development Act 1993 (c 28), ss 159(2)(b), 162
Pascoe v First Secretary of State [2006] EWHC 2356 (Admin)
[2006] WLR (D) 234
27/09/06

POLICE

Search warrant — Validity — Conditions of application for warrant — Requirements for execution of warrant — Police and Criminal Evidence Act 1984, ss 8(1)(e), 8(3), 16(5)
Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin)
[2008] WLR(D) 179
23/05/08

Powers — Retention of evidence — Claimant protestor attending meeting of company in order to protest — Police deploying officers and photographer — Whether taking photographs of protestor lawful — Whether retaining photographs of protestor lawful — Human Rights Act 1998, Sch 1, Pt 1, art 8
R (Wood) v Commissioner of Police of the Metropolis; [2008] WLR (D) 173
[2008] WLR (D) 173
22/05/08

Powers — Demonstration in designated area — Commissioner of Police’s power to impose conditions on authorisations for demonstrations in vicinity of Parliament — Commissioner purportedly delegating to officers of rank of superintendent and above — Whether lawful — Serious Organised Crime and Police Act 2005, s 134
Director of Public Prosecutions v Haw
- [2008] 1 WLR 379
06/08/07

PRACTICE

Administrative Court — Consent order — No need for hearing
Practice Direction (Administrative Court: Uncontested Proceedings) QBD
[2008] WLR(D) 178
03/06/08

Pleadings — Joinder — Expiry of limitation period in libel action — Application to add new claimants in libel action after expiry of limitation period — Whether jurisdiction to add new claimants — Limitation Act 1980, s 35 — CPR r 19.5
Adelson and another v Associated Newspapers Ltd
- [2008] 1 WLR 585
01/05/07

Appeal — Statutory appeal — Person requesting to see internal BBC report — Appealing from Information Commissioner to Information Tribunal — Whether Tribunal having jurisdiction to entertain such appeal — Whether BBC “public authority” for purposes of request — Freedom of Information Act 2000, ss 3, 7, 50, 59
British Broadcasting Corporation v Sugar
[2007] WLR (D) 111, QBD
27/04/07

Discovery — Privilege — Legal professional privilege — Revenue investigation — Commissioners’ power to require production of documents from taxpayer’s solicitor — Whether subject to safeguards applicable to tax inspector’s power to require production from anyone other than an “barrister, advocate or solicitor” — Taxes Management Act 1970, s 20, 20B (as inserted and amended by Finance Act 1976, s 57, Sch 6 and Finance Act 1989, s 142)
R (Cooke) v Revenue and Customs Commissioners [2007] EWHC 81 (Admin)
[2007] WLR (D) 12
30/01/07

Claim form — Alternative Service — Claimant seeking to effect alternative service in Sudan — No express permission under Sudanese law for alternative form of service — Sudanese law not contravened by alternative service — Whether service of claim form effective — CPR rr 6.24, 6.8
Habib Bank Ltd v Central Bank of Sudan (formerly known as Bank of Sudan) [2006] EWHC 1767 (Comm), (Practice Note)
[2006] WLR (D) 192
18/07/06

PRISONS

Prisoners’ rights — Disciplinary proceedings — Prisoner found guilty of disciplinary offence — Whether disciplinary proceedings compatible with Convention — Whether art 6 required independent prosecutor — Human Rights Act 1998, Sch 1, Pt 1, art 6
R (Haase) v Independent Adjudicator District Judge Nuttall and another [2007] EWHC 3079 (Admin)
[2007] WLR (D) 344
20/12/07

Prisoners’ rights — Prisoner partway through custodial term of extended sentence — Parole Board refusing to direct release on licence — Whether right to liberty engaged — Whether oral hearing required — Human Rights Act 1998, Sch 1, Pt I, art 5(4) — Criminal Justice Act 2003, ss 227, 247
R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)
- [2008] 1 WLR 979
13/11/07

PUBLIC HEALTH

Pollution, control of — Waste — Environment Agency granting defendant pollution prevention and control permit — Condition of permit prohibiting emission of odours from landfill facility at levels likely to cause pollution “as perceived by an authorised officer of the Agency” — Whether condition usurping fact-finding role of court — Whether condition invalid or ultra vires
Environment Agency v Biffa Waste Services Ltd
[2006] WLR (D) 298
12/12/06

PUBLIC POLICY

Statutory entitlement — Police pension — Wife convicted of police officer’s manslaughter claiming widow’s pension under statutory scheme — Whether common law rule on forfeiture extending to scheme — Police Pensions Act 1976, s 1(3)(4) — Police Pensions Regulations 1987 (SI 1987/257, reg K5(1)-(4)
Glover v Staffordshire Police Authority
[2006] WLR (D) 239
5/10/06

REVENUE

Customs and excise — Importation of dutiable goods — Importation of perishable goods from Belgium by individuals for personal use — Goods imported in excess of prescribed quantities presumed to be for commercial use and seized and destroyed — Crown Court subsequently holding goods not liable for forfeiture — Importer's entitlement to sum equal to "market value" of goods destroyed at time of seizure — Customs and Excise Management Act 1979, Sch 3, para 17(1)(c)
R (Revenue and Customs Commissioners) v Machell - [2006]1 WLR 609
21/11/05

ROAD TRAFFIC

Breath specimen for analysis — Reasonable excuse for failure to provide specimen — Medical condition preventing provision of specimen — Whether obligation to notify police officer requiring specimen about medical condition — Road Traffic Act 1988, s 7(1)(6) — Road Traffic Offenders Act 1988, Sch
Piggott v Director of Public Prosecutions
[2008] WLR (D) 44
08/02/08

Motor Insurers’ Bureau — Untraced driver — Claimant allegedly injured in hit and run accident — Claimant’s application to Motor Insurers’ Bureau for compensation under Untraced Drivers Agreement 1972 refused as out of time — Whether time limit compliant with EC Directive — Whether EC Directive directly effective — Whether right of direct action for breach of EC Directive against Motor Insurers’ Bureau — Whether right of direct action for breach of EC Directive against Secretary of State — Council Directive 84/5/EEC, art 1(4)
Byrne v Motor Insurers’ Bureau and another [2007] EWHC 1268 (QB)
- [2008] 2 WLR 234
05/06/07

Third party insurance — Driving uninsured — Driver using vehicle without owner’s permission — Accident occurring causing serious injury to passenger — Whether passenger knowing or having good reason to believe that vehicle unlawfully taken — Whether insurers entitled to repudiate liability to indemnify driver — Road Traffic Act 1988, s 151(4)
McMinn v McMinn and another [2006] EWHC 827 (QB)
[2006] WLR (D) 101
11/04/06

SECURE TENANCY

Secure tenancy — Variation — Local authority purporting to limit statutory power to vary tenancy agreement by giving tenants power to veto variations — Local authority proposing to vary agreement on grounds that limitation of statutory powers ultra vires — Whether such variation permissible — Whether tenant having legitimate expectation of limitation continuing — Housing Act 1985, ss 102, 103
R (Kilby) v Basildon District Council [2006] EWHC 1892 (Admin)
[2006] WLR (D) 203
26/07/06

SOLICITOR

Discipline — Appeal from Disciplinary Tribunal — Solicitors arranging with firm carrying out conveyancing searches to charge them “ commission” in respect of clients’ searches — Whether charge constituting “commission” — Whether solicitors guilty of conduct unbefitting a solicitor — Solicitors Practice Rules 1990, r 10
The Law Society v Adcock [2006] EWHC 3212 (Admin)
[2006] WLR (D) 313
20/12/06

STATUTES

Validity — Pubic general Act — Act to ban hunting — Claim that procedure used provided by statute which was not validly passed by Parliament — Whether statutes valid — Parliament Act 1911 (1 & 2 Geo 5, c 13), s 2 — Parliament Act 1949 (12, 13 & 14 Geo 6, c 103) — Hunting Act 2004 (c 37)
R (Jackson and others) v Attorney General
- [2006] 1 AC 262; [2005] 3 WLR 733
27/01/05

STAUTORY INSTRUMENT

Validity — Whether ultra vires — Act requiring notice and authorisation prior to "demonstration starting" — Secretary of State having power to make "transitional" provisions relating to commencement — Order providing that "demonstration starting" include "demonstrations continuing"on or after commencement — Whether unlawful — Serious Organised Crime and Police Act 2005, s 178 — Serious Organised Crime and Police Act 2005 (Commencement No 1, Transitional and Transitory Provisions) Order 2005 (SI 2005 No 1521), arts 3(1)(p), 3(5), 4(2)
R (Haw) v Secretary of State for the Home Department and another
- [2006] QB 359; [2006] 2 WLR 50
29/07/05

TORT

Trespass to person — Civil claim brought by convicted offender — Permission to proceed — Personal injuries — Limitation of action — Discretion of court — Mental Health Act 1983, s 139(2), (3) — Police Act 1996, s 89(2) — Criminal Justice Act 2003, s 329(2)
Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158
[2008] WLR (D) 158
19/05/08

TOWN PLANNING

Enforcement notice — Validity — Unauthorised use of premises - material error of fact — Town and Country Planning Act 1990, s 174(2) (as substituted by Planning and Compensation Act 1991, s 6(1)), s 288 (as amended by Tribunals and Inquiries Act 1992, s 18(1), Sch 3) and s 289 (as amended by Planning and Compensation Act 1991, s 6) — Planning and Compulsory Purchase Act 2004, s 38
London Borough of Haringey v Secretary of State for Communities and Local Government and another [2008] EWHC (QB)
[2008] WLR (D) 145
08/05/08

Enforcement notice – Validity – Breach of condition prohibiting use of property other than as single dwelling – Enforcement notice served more than four years after breach – Whether four year time limit applicable for change of use or ten year time limit applicable for breach of condition applied – Whether enforcement notice valid – Town and Country Planning Act 1990 s 171(1) B (as inserted by the Planning and Compensation Act 1991, s4)
Arun District Council v First Secretary of State - [2006] 1 WLR 365
5/10/05

TRADE DESCRIPTION

Car — False description — Claimant accused of applying false trade description by altering odometers — Time for prosecuting offence running from commission of offence or discovery of offence by prosecutor — Whether offence committed at time odometers turned back — Whether “prosecutor” local authority or its officer — Whether offence “discovered” at time of officer’s investigation or at later date when another officer deciding to institute proceedings — District judge deciding by way of preliminary issue that informations laid in time and accepting jurisdiction to act as examining magistrate — Whether obliged to state case where deciding preliminary issue on jurisdiction — Trade Descriptions Act 1968 ss 1, 19(1) — Magistrates’ Court Act 1980, s111
R (Donnachie) v Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)
[2007] WLR (D) 228
27/07/07

Queen's Bench Division - injunction to town planning

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