Archive for the 'judgments' Category

Justice Secretary warning over ECHR judgments – The Independent

“The European Court of Human Rights (ECHR) has been ‘rather too ready to substitute its own judgment for that of national courts’, the Justice Secretary said today.”

Full story

The Independent, 26th April 2011

Source: www.independent.co.uk

Court results put on Twitter by West Midlands Police – BBC News

“Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Community trade mark court rulings should apply across the EU, ECJ rules – OUT-LAW.com

“Rulings by Community trade mark courts should in most cases apply across the EU and not just in the country in which they were made, the European Court of Justice (ECJ) has said.”

Full story

OUT-LAW.com, 13th April 2011

Source: www.out-law.com

Politicians to blame for human rights rulings, says judge – Daily Telegraph

“Politicians should stop criticising human rights ruling as they are to blame for tying the hands of courts, the country’s most senior judge signalled yesterday.”

Full story

Daily Telegraph, 29th March 2011

Source: www.telegraph.co.uk

Master of the rolls to judges: keep your judgments simple – The Guardian

“Judges should avoid making judgments that are ‘readable by few, comprehendible by fewer still’, said Lord Neuberger in a speech on open justice last week. With a nod to Gilbert and Sullivan’s accessible opera he offered Lord Atkin’s decision in Donoghue v Stevenson as ‘a very model of a modern major judgment’. The case, decided by the House of Lords in 1932, features a decomposed snail in a bottle of ginger beer and is known to every lawyer in the land: it sets out, in clear terms, the scope of the law of negligence.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury

Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

Full judgment: Attorney general v Associated Newspapers and News Group Newspapers – The Guardian

“Read the judgment from the high court finding the Mail Online and Sun Online guilty of contempt after publishing online image of accused man with pistol during murder trial.”

Full story

The Guardian, 3rd March 2011

Source: www.guardian.co.uk

Julian Assange extradition decision: full judgment – The Guardian

“Read the judgment ordering the Wikileaks founder to be extradited to Sweden to face allegations of rape and sexual assault.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Human rights court reforms called into question by London’s litigators – Legal Week

“City litigators have questioned Justice Secretary Ken Clarke’s calls to reform the European Court of Human Rights (ECHR) in the wake of its ruling that serving prisoners should be given the right to vote.”

Full story

Legal Week, 22nd February 2011

Source: www.legalweek.com

Judge dismisses ACS:Law file-sharing cases – The Lawyer

“A judge has halted an attempt by copyright firm ACS:Law to secure default judgment against eight individuals accused of illegally file sharing pornographic films.”

Full story

The Lawyer, 14th December 2010

Source: www.thelawyer.com

Judge’s veiled criticism of Israeli actions in Gaza causes a legal dilemma – The Guardian

“As the legal establishment gears up for the new legal term starting at the end of next week, two of its leading figures must decide whether to do anything about a case that caused widespread concern during the summer.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.co.uk

Online judgments ensure justice is seen to be done – The Guardian

“Yesterday, Sharon Shoesmith was given permission to appeal in the judicial review of her dismissal by Haringey council as a result of the Baby Peter scandal. The case itself is complex and fascinating, but the detail should not overshadow the open and forward-thinking way in which the case has been dealt with.”

Full story

The Guardian, 2nd Spetember 2010

Source: www.guardian.co.uk

Judge slams police after teacher is acquitted of kissing a friend – Daily Telegraph

“A judge has criticised the police after a part-time teacher was put on trial for giving a female friend an unwanted kiss, telling officers they should be concentrating on catching robbers and violent thugs.”

Full story

Daily Telegraph, 13th August 2010

Source: www.telegraph.co.uk

Tugendhat J redefines meaning of defamation – The Lawyer

“Mr Justice Tugendhat today raised the bar for defamation claims in a High Court ruling that found the definition of defamation must include a qualification or threshold of seriousness.”

Full story

The Lawyer, 16th June 2010

Source: www.thelawyer.com

Claims against the police still difficult, and no help from human rights law – The Guardian

“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”

Full story

The Guardian, 17th May 2010

Source: www.guardian.co.uk

Carey’s intervention backfires – The Guardian

“As a lawyer, I can recognise Lord Laws’ judgment in the McFarlane case as stinging rebuke to Lord Carey.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

Ex-archbishop attacks judges over gay counselling ruling – The Guardian

“The former archbishop of Canterbury Lord Carey today accused judges of moving towards a new ‘secular state’ that would downgrade the rights of religious believers. Attacking a ‘deeply worrying’ court ruling, Carey claimed the judiciary was now tipping the legal balance against believers in ‘a deeply unedifying collision of human rights’.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Noble v Owens – WLR Daily

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 2010

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.

MI5 judges to rule on suppression of section of torture document – The Guardian

“Three senior judges are today expected to restore devastating passages to a ruling criticising MI5 over the torture and ill-treatment of terror suspects abroad.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Top judge: Binyam Mohamed case shows MI5 to be devious, dishonest and complicit in torture – The Guardian

“Legal defeat plunges Security Service into crisis over torture evidence, and it is revealed that judge removed damning verdict after Foreign Office QC’s plea.”

Full story

The Guardian, 1oth February 2010

Source: www.guardian.co.uk

Government loses Binyam Mohamed torture appeal – BBC News

“The foreign secretary has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Binyam Mohamed torture case ruling at Court of Appeal – BBC News

“The Court of Appeal is to decide whether to release documents detailing the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 2009

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.

Regina v Lucien – Times Law Reports

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Apostolides v Orams and Another – Times Law Reports

Apostolides v Orams and Another

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

Source: www.timesonline.co.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 2009

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.

Bovale Ltd v Secretary of State for Communities and Local Government and Another – Times Law Reports

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd March 2009

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.

Bovale Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Bovale Ltd v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 171; [2009] WLR (D) 94

A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”

WLR Daily, 12th March 2009

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.

Why solicitors need lessons in complaining – The Times

” The wheels of justice famously grind slow – but these days there are limits even to judicial slowness. More than 2,000 judges in England and Wales have been issued with a deadline for delivering their judgments and if they are late, must explain why.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Clark v Clark Construction Initiatives Ltd and another – WLR Daily

“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”

Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396

WLR Daily, 18th December 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.

In re M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th December 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.

In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th 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.

The Form of Judgments in Common Law Jurisdictions: A Comparison – Speech by The Rt Hon Lady Justice Arden DBE

The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

Conference in honour of Lord Bingham, 20th June 2008

Source: www.judiciary.gov.uk

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 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.

Regina (Edwards and Another) v Environment Agency and Others – Times Law Reports

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th May 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.

Hall v Hall – Times Law Reports

Hall v Hall

Court of Appeal

“It was wholly inappropriate for a judge to make an order which he himself acknowledged was plainly wrong.”

The Times, 30th April 2008

Source: www.timesonline.co.uk

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

R (Edwards) v Environment Agency – WLR Daily

R (Edwards) v Environment Agency; [2008] WLR (D) 119

“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”

WLR Daily, 21st 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.

Masri v Consolidated Contractors International UK Ltd and Others (No 2) – Times Law Reports

Masri v Consolidated Contractors International UK Ltd and Others (No 2)

Court of Appeal

“The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.”

The Times, 22nd April 2008

Source: www.timesonline.co.uk

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

Masri v Consolidated Contractors International UK Ltd and others (No 2) – WLR Daily

Masri v Consolidated Contractors International UK Ltd and others (No 2) [2008] EWCA Civ 303; [2008] WLR (D) 97

“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

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

Way v Poole Borough Council and Another – Times Law Reports

Fresh hearing not required

Way v Poole Borough Council and Another

Court of Appeal

“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”

The Times, 25th 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.

In re A (a Child) (Duty to seek reasons) – Times Law Reports

Counsel should seek reasons

In re A (a Child) (Duty to seek reasons)

Court of Appeal

“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”

The Times, 16th 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.

In re S (Omission from judgment: Duty of counsel) – Times Law Reports

Counsel’s duty on judge’s omissions

In re S (Omission from judgment: Duty of counsel)

Court of Appeal

“Counsel had a duty to point out to a judge any omissions in his judgment so that the matter could be dealt with there and then. It was not appropriate to rely on the alleged omission to seek leave to appeal.”

The Times, 2nd July 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.


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