Archive for the 'abuse of process' Category

TB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

TB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“It would be wrong as a matter of principle if the Secretary of State for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision.”

The Times, 9th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.

McKinnon v Government of the United States of America – Times Law Reports

McKinnon v Government of the United States of America

House of Lords

“A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

The Times, 6th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

McKinnon v Government of the United States of America – WLR Daily

McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266

A foreign prosecuting authority’s plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

WLR Daily, 30th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Panday v Virgil (Senior Superintendent of Police) – Times Law Reports

Panday v Virgil (Senior Superintendent of Police)

Privy Council

“When allowing an appeal against conviction on the ground of apparent bias in the conduct of the trial, the Court of Appeal could order a retrial if the defendant had been properly charged and brought before the court without any violation of the rule of law and it was possible to have a fair retrial before a different tribunal.”

The Times, 11th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24 – WLR Daily

Panday v Virgil (Senior Superintendent of Police) [2008] UKPC 24; [2008] WLR (D) 102

The Court of Appeal might order the retrial of a defendant whose conviction was quashed on the grounds of apparent bias if the defendant had been properly charged and brought before the court without any violation of the rule of law and a fair retrial before a different judge was possible.”

WLR Daily, 10th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stuart v Goldberg Linde and another – WLR Daily

Stuart v Goldberg Linde and another [2008] EWCA Civ 2 [2008] WLR (D) 4

“In determining whether a claim was an abuse of the process of the court on the ground that it should have been included in a previous action, the prospects of the claim’s success or failure and delay in bringing it (falling short of a statutory time bar or laches) were not generally relevant.”

WLR Daily, 18th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Aldi Stores Ltd v WSP Group plc and Others – Times Law Reports

Aldi Stores Ltd v WSP Group plc and Others

Court of Appeal

“In complex commercial multiparty litigation, a party wanting to pursue other proceedings but to preserve a right in existing proceedings, had to raise that issue with the court to enable it to express its view on the proper use of resources and the economic and efficient conduct of the litigation.”

The Times, 4th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Aldi Stores Ltd v WSP Group plc and others – WLR Daily

Aldi Stores Ltd v WSP Group plc and others [2007] EWCA Civ 1260 

Where a party in complex commercial multi-party litigation wished to pursue other proceedings whilst reserving a right in existing proceedings, that issue should be raised with the court so that the court could express its view as part of the case management as to the proper use of its resources and the efficient and economic conduct of the litigation.”

WLR Daily, 29th November 2007

Source: www.lawreports.co.uk  

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


 

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