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28 May 2009, 2:00 am
R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173 “There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to [...] [read post]
24 Aug 2012, 2:14 am by sally
Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249 “The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.” WLR Daily, 19th August 2012 Source:… [read post]
21 Oct 2008, 9:23 am
Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE [2008] EWCA Civ 1148; [2008] WLR (D) 320 “The Court of Appeal gave guidance on the proper approach to the compatibility with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of hearings under s 3(10) of the Prevention of Terrorism Act 2005 to determine whether the Secretary of State for the Home… [read post]
4 Aug 2008, 9:36 am
R (Heffernan) v Rent Service; [2008] WLR (D) 279 “Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). [read post]
17 Dec 2008, 10:44 am
R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390 “In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral [...] [read post]
22 Jun 2009, 1:31 am
R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19 “A criminal trial without a jury did not contravene a defendant's right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address [...] [read post]
20 Feb 2008, 2:44 am
R v Zafar; R v Malik; R v Raja; R v Iqbal; R v Butt [2008] EWCA Crim 184; [2008] WLR (D) 51 “A person possessed an article for terrorist purposes if he possessed it in circumstances which gave rise to a reasonable suspicion that he intended it to be used for the purpose of the commission, preparation or instigation of an act of terrorism. [read post]
28 Aug 2012, 3:00 am by Ted Folkman
The case of the day is D&D Automation, Inc. v. [read post]
13 May 2010, 2:48 am by traceydennis
Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120 “For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC. [read post]
5 Dec 2011, 1:54 am by sally
Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344 “Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant… [read post]
9 Feb 2012, 3:19 am by sally
Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24 “An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.” WLR Daily, 8th February 2012 Source: www.iclr.co.uk [read post]
25 Apr 2012, 1:54 am by sally
Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118 “Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. [read post]
11 Jun 2012, 3:17 am by sally
Regina v Majeed; Regina v Westfield [2012] EWCA Crim 1186; [2012] WLR (D) 172 “Where a sportsman corruptly accepted financial inducements to identify, in advance, occasions when during a match he would play in a specific, previously agreed, manner, the conduct of that sportsman, whose contract obliged him to refrain from doing anything that might damage the reputation of the club or board which employed him, was integral to the affairs and business of that club or… [read post]
20 May 2010, 3:28 am by sally
Regina v Kluxen; Regina v Rostas and another [2010] EWCA Crim 1081; [2010] WLR (D) 128 “Where the Secretary of State for the Home Department was required by s 32 of the United Kingdom Borders Act 2007 to make a deportation order in respect of a foreign criminal, namely a person who was not a British citizen and who had been convicted of an offence and sentenced to imprisonment or detention of at least 12 months, it was not appropriate or necessary for the sentencing… [read post]