abduction, proof of offence involving abduction of child in order

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					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 [2004]
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 [2004] 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 [2004] 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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