Archive for October, 2007

Government wins terror control case – The Independent

“The Government’s controversial control order regime restricting the day-to-day activities of terror suspects was given legal clearance by the Law Lords today – but was watered down.”

Full story

The Independent, 31st October 2007

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) (Wales) Regulations 2007

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) (Wales) Regulations 2007

The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007

The Education (Determination of Admission Arrangements) (Amendment No. 2) (England) Regulations 2007

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division) 

MN (Rwanda) v Secretary of State for the Home Department [2007] EWCA Civ 1064 (30 October 2007)

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065 (30 October 2007)

Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG [2007] EWCA Civ 1066 (30 October 2007)

High Court (Chancery Division)

Thorner v Curtis & Ors [2007] EWHC 2422 (Ch) (26 October 2007)

Hardy & Ors v Fowle & Anor [2007] EWHC 2423 (Ch) (26 October 2007)

Franses v Al Assad & Ors [2007] EWHC 2442 (Ch) (26 October 2007)

Source: www.bailii.org

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st October 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.

Aspinall’s Club Ltd v Al-Zayat – Times Law Reports

Gambling cheque defence might be valid

Aspinall’s Club Ltd v Al-Zayat

Court of Appeal

“A gambling debt which was recoverable when it was incurred, could later become irrecoverable if the gaming club had extended credit to a member contrary to law; that unlawful provision of credit rendered the member’s liabilities on both a dishonoured cheque and the underlying loan illegal and unenforceable.”

The Times, 31st October 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.

R (Faithfull) v Crown Court at Ipswich – WLR Daily

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 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.

Judicial Review Decisions in the Crown Court – Law Commission

“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”

Full story

Law Commission, 30th October 2007

Source: www.lawcom.gov.uk


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