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abduction, proof of offence involving abduction of child in order
abduction, proof of offence involving abduction of child in order to remove her from a person having lawful control cannot be proved where the child is no longer under the lawful custody of her parents where detained by defendants: Foster v DPP (2005) The Times, 5 January. acquittal, early A jury has the right to acquit defendant after the end of the prosecution case and before the opening of the defence case, but such a right is subject to the invitation of the trial judge: R v Speechley (2004) The Times, 1 December. advice at door of court HL held, in Moy v Pettman Smith (2005) The Times, 4 February, that advice given by an advocate at the court door does not oblige the advocate to explain in detail all these factors likely to effect the decision. bail blitz AG announced (The Times, 2005, 14 January) that offenders who have skipped their bail may be instantly jailed, even if the original crime was non- imprisonable. blasphemy laws, modernisation of Chair of Commission for Racial Equality has called for abolition of current blasphemy laws. The law should protect the believer, but not the belief itself: January 2005. breath, meaning of It was held that, in relation to road traffic legislation, the precise meaning of ‘breath’ was not restricted to deep lung air. The word ought to be given its appropriate dictionary definition. See Zafar v DPP (2005) The Times, 7 January. care home status CA held in James v Commission for Social Care Inspection (2005) The Times, 4 January, that where a person applies to be registered as fit to manage a care home, then the relevant burden of proof rests on the applicant to make proof of his status. children, rights of CA held, in Moat Housing Marketing Group v Harris (2005) The Times, 13 January, that where the court is deliberating the grant of a stay pending a possession order, the presence of children and any likely prejudice to them should be taken into consideration. civil case, scooping of CA held, in R (Mathialogan) v Southwark LBC (2004) The Times, 2 December that there was no general power enabling magistrates to reopen and rehear a civil case. clothing, touching of CA held, in R v H (Sexual Assault: Touching) (2005) The Times, 8 February, that, in relation to Sexual Offences Act 2003, s 78(b) (Sexual touching of clothing) it was necessary to establish whether the touching might be sexual and whether, given the circumstances, it was sexual. conduct of trial, expeditious nature of It was held by the European Court of Human Rights, in Henworth v UK (Application No 505/02) The Times, 2004, 22 November, that it was essential for authorities to ensure that a prosecution for alleged murder was conducted with diligence so as to minimise delay, even though defendant’s own delay had contributed to periods of delay in the process. contested case, allocation of CA held, in Stevens v Newey (2005) The Times, 14 January, that in a case relating to presumed undue influence and contested facts, it should not be allocated to a district judge unless the civil judge had considered the nature of the case and the skills of the district judge. contract as realisable property A consultancy contract is not realisable property which the court might take into account in deciding an application for a certification of inadequacy to settle an account due under an order of confiscation: In re Adams (2004) The Times, 6 December. contract – fixed term CA held in Department for Work and Pensions v Webley (2005) The Times, 17 January, that an employer’s decision not to renew a fixed-term contract cannot, in itself, insure less favourable treatment of an employee. conviction and role of judge HL held, in R v Wang (2005) The Times, 11 February, that there exist no circumstances in which a judge is entitled to direct a jury to enter a verdict of guilty. copyright, assignment of CA held, in Novello Ltd v Keith Prowse Publishing Co (2005) The Times, 10 January, that the Patents Act 1988 does not act so as to prohibit an author who is the first owner of a copyright in works prior to the Copyright Act 1956 from assigning any reversionary interest in the copyright during the currency of the Act. crime, proceeds of HL held in R v Montila (2004) The Times, 26 November, that in a prosecution for money laundering founded on an allegation that reasonable grounds for suspicion that he was dealing with proceeds of drug trafficking offers or other crimes, it was necessary for the Crown to show that the property involved was of this nature. decision of wrong judge CA held, in Baldock v Webster (2005) The Times, 13 January, that it is possible to turn to the common law doctrine of de facto jurisdiction so as to give validity to the decision of a county court judge who had decided on a High Court matter under the impression that he had been hearing county court business. defamation, offer of amends CA held, in Nail v News Group Newspapers  EWCA Civ 1708, that where an unqualified offer to make amends under Defamation Act 1996 has been accepted and an agreed policy published, there ought to be large mitigation of compensation awarded. delivery of goods under contract CA held in Computer 2000 Ltd v ICM Computer Solutions (2004) The Times, 29 December, that under a contract of sale, where goods were delivered to a specified address and person, the sellers had performed that part of the contract and were entitled to be paid. discrimination and disability CA held, in Rose v Ryanair  EWCA Civ 1751 11 January, that it is statutory policy to provide disabled individuals with access to services which will approximate as nearly as possible to the levels enjoyed by the able-bodied populace. document, literalistic approach to HL held, in Sirius International Co (2004) The Times, 1 December, that, in accordance with a general trend, contractual documents should be interpreted in a fashion which was commercially realistic rather than literalistic. document possession by judge CA stressed the significance, in Lloyds Bank plc v Cassidy (2005) The Times, 11 January, of both sides having in their possession the same documents as those preserved by the judge, so that representations may be made about them. document, privileged It was held, in Schering Corporation v Cipia Ltd (2004) The Times, 2 December, that in considering a document headed ‘without prejudice’, as to whether it might be treated as such, it was necessary to determine whether it was genuinely intended to be treated as such. drug trafficking CA held, in R v Meltcalfe (2005) The Times, 12 January, that where it appeared that no more than one tablet in a million consisted of a controlled drug, it was highly unlikely that the proceeds of sale of the tablets would be involved in the benefits of drug trafficking. evidence, accomplices HL held, in R v Hayter (2005) The Times, 7 February that, in the event of a joint trial for an offence alleged to be of a joint nature, then proof of guilt of one defendant, X, was essential to prove case against Y, and sole evidence against X was his confession made out of court then X’s confession was admissible against X and Y where X’s guilt could be used to establish Y’s guilt. extradition It was held in Handra v High Instance Court of Paris (2005) The Times, 6 January, that a prisoner may not be extradited during his sentence in England and Wales, in relation to an offence committed abroad. Family Division Lord Justice Potter is confirmed as the next President of the Family Division, Lord Justice Thorpe is appointed to the new post of Deputy Head of Family Justice and Head of International Family Law: The Times, (2005) 13 January. family wishes, overruling of CA held, in W Healthcare NHS Trust v KH (2004) The Times, 9 December, that a judge was entitled to conclude that the interests of a patient who was severely disabled, but not in a permanent vegetative state, did not rest in withdrawing treatment involving the provision of nutrition, in spite of the family’s views to the contrary. fire, false alarms It is an offence under Fire and Rescue Services Act 2004 s 49, for a person to knowingly give or cause to be given a false alarm of fire to a person acting on behalf of a fire and rescue authority (defined in s1(1). (The Act also abolishes the Central Brigades Advisory Council. The Fire Services Act 1947 ceases to have effect: see ss. 51–52) gender bias CA held in Hookenjos v Secretary of State for Social Security (No 2) (2005) The Times, 4 January, that the operation of the jobseekers allowance and entitlement to responsibility supplement constituted indirect discrimination on grounds of sex against a parent separated from mother, but who participated in the care of his children. homelessness application It was held in R (Griffin) v Southwark LBC (2005) The Times, 3 January, that where a second homelessness application is made by the same applicant, a local authority is obliged to make a reconsideration, save where the facts are precisely the same. injunction applications It was held in Hipgrave v Jones (2005) The Times, 11 January, that the civil standard of proof ought to be applied to any injunction application bought under Protection from Harassment Act 1997, s3. injury claim CA held in Hardings v Weslands (2005) The Times, 5 Jan, that in the realm of private international law, the law of the country in which the tort occurred would not necessarily be considered as determinative of the question as to whether damage assessment was procedural and not substantive so that an English court could not apply them. injury in sport CA held, in R v Barnes (2005) The Times, 10 January, that criminal proceedings ought to be brought by a player who caused injury to another player during a sporting event only where the conduct is grave enough to be considered criminal. job settlement, termination of CA held, in Wilson v Clayton (2005) The Times, 12 January, that a single payment which had been made by an employer to his employee as the result of a consent order following a negotiated compromise of a dismissal dispute, would not be chargeable to income tax. label, misleading When considering whether an offence has been made out under the Trade Descriptions Act 1968, in relation to the labelling of a drink, the justices are entitled to read the label as a whole: Northants CC v Purity Soft Drinks (2004) The Times, 27 December. legal profession: proposals for reform Sir David Clementis’ suggestions (15 December 2004) include: near regulatory framework based on Legal Services Board to promote interests of public and consumers; front-line legal bodies to separate regulatory and representative functions; Office for Legal Complaints, subject to oversight of LSB to be set up; alternative business structures may be established. misadministration CA held, in N British Housing Association v Matthews (2005) The Times, 11 January, that where access in relation to a reduction in rent, an attribution of these arrears to a housing benefit authority’s misadministration is not to be considered as an exceptional circumstance rendering application of the schemes of severity. market, statutory CA held, in R (Corporation of London) v Secretary of State for Environment (2004) The Times, 27 December, that he lacks the power to consent to the Covent Garden Market Authority to grant leases at the market for the trade of fish and meat. marriage, capacity for Family Division held, in Sheffield City Council v E (2005) The Times, 20 January that the question of capacity to marry should be treated as distinct from the problem of whether it was wise to marry any specific person, or at all, in the circumstances. medical complaints It was held, in David v General Medical Council (2005) The Times, 12 January that, particular caution was needed by the court in deciding whether to quash decisions of the GMC Preliminary Proceedings Committee against any complaints referred to the Committee’s Professional Conduct Committee. military prison, death in It was held, in R (Al-Skeini) v Secretary of State for Defence (2004) The Times, 20 December, that the European Convention on Human Rights obligated the UK authorities to hold an investigation into a death at the hands of soldiers serving in Iraq. misinformation and public judgment Family Division held, in Blunkett v Quinn (2004) The Times, 7 December, that the court could deliver in open court a judgment relating to a family appeal which had been heard in private, in order that false information in the public domain could be corrected. murderer’s memoirs, ban on CA held in R (Nilson) v Governor of Full Sutton Prison (2004) The Times, 23 November, that a prison rule prohibiting from publishing an account of his offences was lawful and did not violate his right to free expression. offenders, management of Home Secretary has announced (see The Times, 14 January 2005) that a contemplated Management of Offenders and Sentencing Bill will allow for maximum fines of £15,000 to be imposed by magistrates, and for lie detectors to be used on sex offenders released on licence. Offenders’ fines may be linked to disposable income as well as seriousness of offence. order, revocation of A rule giving the court which is making an order the power to make a variation or a relocation of that order is not retrospective, and has no application to any order made before it came into force: DEG v Korshy (No 4) (2005) The Times, 7 January. overstayer’s family fare CA held, in R (Grant) v Lambeth LBC (2005) The Times, 5 January, that, as an alternative to primary subsistence for an overstaying illegal immigrant, a local authority was empowered to provide her and her family with a single-way ticket for her and her family to their country of origin. Parole Board and fairness HL held in R (West) v Parole Board (2005) The Times, 28 January, that the Board’s duty should reflect the service at stake for the prison and society. Hence, an oral hearing might be involved. Parliament Act 1949 It was held, in R (Jackson) v AG (2005) The Times, 31 January, that the Hunting Act 2004 was valid since the Parliament Act 1949 which was relied upon to ensure its passage through Parliament was valid. patient, recall of CA held in R (L) v Secretary of State for Home Department (2005) The Times, 27 January, that in the case of a defendant, acquitted of murder on ground of insanity and subject to detention in secure hospital, he could be recalled from a later conditional charge into the community. patients, incompetent CA held, in R (MH) v Secretary of State for Health (2004) The Times, 8 December, that there was an obligation on the government to make provision for referring to the court persons detained under the Health Act 1983 who were incapable of exercising their rights to apply to a mental health review tribunal under their own initiative. points, unargued IT was held in Adams v Bullock (2005) The Times, 6 January, that where points in a witness statement are not argued at a hearing, they will generally be regarded as having been abandoned. professional disciplinary body, decision of In Andi v GMC  EWHC 2317 (Admin), one of the first cases involving the Administrative Court, which has removed from the JCPC the right of consideration of appeals from the GMC Committee was heard. prosecutors, near plans for AG announced on 12 January 2005 that a formal system of bargaining for offenders, allowing them to plead guilty and turn Queen’s evidence, under the protection right to grant immunity from prosecution may be introduced. The prosecution will work with a new Serious Organised Crime Agency. qualified privilege It was held, in Galloway v Telegraph Group Ltd (2005), The Times, 13 January, that where the judge is obliged to rule relating defendant’s duty concerning the nature and source of material in issue, he is not likely to receive any help from a jury’s findings on meaning. religious law, and relevance of English law CA held, in Kastner v Jason (2004) The Times, 21 December that where an arbitration had been conducted under substantive Jewish law, English law was irrelevant for the purpose of discovering a remedy for which Jewish law had no provision. restrictive covenants It was held in University of East London v Barking LDC (2005) The Times, 3 February, that where a public body held dominant and servant land for two different statutory purposes of housing and education, the ordinary rule requiring that such common ownings of the land existing wishes and all restrictive covenants affecting the land has no application. retirement age, default Proposals were announced in January 2005 for national default retirement age of 65 as a vital part of implementation of EU Directive 2000/78 EC by October 2006. self-defence in relation to burglary Home Secretary announced (2005) The Times, 12 January, that the existing law allowing ‘reasonable force’ to be used against burglars was ‘sound’. A publicity campaign would be mounted to help persons to understand the current law. solicitor, striking off CA held, in Law Society v Bultitude (2005) The Times, 14 January, that it is inevitable that the committing of breaches of professional accounts rules will result in removal of the name from the roll of solicitors. sections of repealed statute Privy Council held, in Al Sabah v Grupipo Torro SA (2005) The Times, 14 January, that, in the case of Bankruptcy Act 1914, s122, repealed by Insolvency Act 1985, it does continue to apply to some territories, including the Cayman Islands. shoplifters, sentencing of CA held, in R v Page (2004) The Times, 23 December, that different sentencing guidelines by the Court of Appeal applied in the cases of individual adult offenders and organised gangs employing violent methods. species, preservation of CA held, in R (Newsum) v Welsh Assembly Government (2004) The Times, 7 December, that the basis for the granting of a licence in relation to a protected species and its habitat, is not the preservation of the species itself. statute, new CA held, in R v Bradley (2005) The Times, 17 January that the new provisions relation to the admissibility of evidence concerning a defendant’s bad character had application to all trials and disputes concerning the facts on a plea of guilty which had commenced after the beginning of the Criminal Justice Act 2003 (15 December 2004). stress injury CA held, in Hartman v S Essex Trust (2005) The Times, 21 January, that liability for a psychiatric injury resulting from stress at work was, in general terms, no different in principle from a general liability for any physical injury. taxation, residence in UK CA held, in Agassi v Robinson (2004) The Times, 27 November, that income tax could not be chargeable on payments arising from sports activities within the UK by non-resident sportsmen made by non-resident companies under control of the sportsmen but which had no tax presence in the UK. time for hearing CA held, in AG’s Reference (No 89/2004) (2005) The Times, 10 January, that accurate time estimates in relation to a hearing are vital if effective hearing is to be in the interests of all involved. time, running of CA held, in Law Society v Sephton and Co (2005) The Times, 11 January, that limitation time will begin to run from the precise date on which The Law Society takes a decision to make compensation to clients whose money has been dishonestly misappropriated by solicitors, and not on the actual date of that misbehaviour. trailer, defective It was held, in R (Newcastle upon Tyne CC) v Le Quelemec (2005) The Times, 17 January, that a four-wheeled trailer with power brakes was not to be considered as unroadworthy when it was not carrying anything, even though its axle had broken, damaging a passing vehicle. undervalue, transaction at It was held, in Department for Environment v Feakins (2004) The Times, 29 December, that an individual could enter into a transaction based on an undervalue for impress of defraud of a creditor by the mere act of participation in that transaction. video conference link HL held, in Polonski v Conde-Nast Publications (2005) The Times, 11 February, that where claimant was not willing to come to UK so as to give evidence in a libel action, given his fear of extradition to USA, permission will be granted to offer evidence by video conference link. waste control It was held by the European Court of Justice in Commission of European Communities v UK (Case C-62/83) (2005) The Times, 6 January, that a general exclusion of agricultural and mining waste from UK legislation on waste control is contrary to EC law. water supply, right to CA held, in Mitchell v Potter (2005) The Times, 24 January, that in the case of a grant to a conveyance of right of water from a reservoir on vendor’s land fed by a spring on his land to affirm purchase, was in the nature of a profit à prendre; it was neither an easement nor a residual right. witness, counselling of CA held, in R v Momodov (2005) The Times, 9 February, that to coach or train a witness for purposes of criminal proceedings, is not allowed. witness, credibility of It was held, in EPI Environmental Technologies v Symphony Plastics (2005) The Times, 14 January that when a court attends to expert or non- expert evidence, the performance of the witness must be enlisted in the light of the totality of his evidence.
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