Risegold Ltd v Escala Ltd: CA 28 Oct 2008

The parties disputed the extent of an easement granted in a transfer, and in particular whether the works for which the entry was to be used amounted to ‘rebuilding or renewal’ of the property.
Held: The easement had been granted against a background where it had been anticipated that the building would require demolition. The works proposed fell within the clause.

Judges:

Mummery LJ, Arden LJ, Keene LJ

Citations:

[2008] EWCA Civ 1180

Links:

Bailii

Jurisdiction:

England and Wales

Land, Construction

Updated: 20 December 2022; Ref: scu.277281

Newport City Council v GW and others: FD 17 Oct 2006

An application by a local authority for care orders which has gone badly wrong. On the seventh day of the final hearing evidence came to light which changed the whole complexion of the case and resulted in leading counsel for the local authority applying to have the application dismissed.

Citations:

[2006] EWHC 3671 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 20 December 2022; Ref: scu.279024

Anderson, Regina v: CACD 17 Jan 2008

Renewed application for leave o appeal from sentence – three years – outraging public decency. The judge said that the applicant had provided the worst and last act of oppression and invasion of the victim’s personality and privacy. The applicant had violated a woman in a dreadful way and the shocking nature of his acts over a prolonged period of time meant that a prison sentence of greater length than that indicated in a previous authority was appropriate.
Held: Leave refused.

Citations:

[2008] EWCA Crim 12

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 20 December 2022; Ref: scu.270929

Cundell, Regina v: CACD 6 Jun 2008

Appeal from sentence of 2 years and six months on plea to burglary.
Held: ‘A rather higher discount was appropriate than allowed by the judge, we allow the appeal to the extent of quashing the sentence imposed and substituting a term of imprisonment of 2 years in its place.’

Citations:

[2008] EWCA Crim 1420

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 20 December 2022; Ref: scu.270593

Fadipe, Regina v: CACD 30 Apr 2008

F was convicted of possession of a firearm with intent to endanger life, and secondly convicted of possession of ammunition without a certificate. In relation to the possession of the firearm with intent he was sentenced to detention for public protection. The minimum term of four years six months, less 238 days spent on remand, was specified.
Held: Reduced to minimum of three years and nine months.

Citations:

[2008] EWCA Crim 1027

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 20 December 2022; Ref: scu.270590

T, Regina v: CACD 13 Feb 2008

Section 120 does not go as to admissibility

David Clarke J explained the effect of the section: ‘section 120(2) is not itself a provision governing admissibility . . what the sub-section does is to regulate the use to which such evidence, once admitted, may be put. It is then admissible as evidence of the truth of its contents, not merely as evidence going to the issue of consistency.’

Judges:

David Clarke J

Citations:

[2008] EWCA Crim 484

Links:

Bailii

Statutes:

Criminal Justice Act 2003 120(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Athwal and Others, Regina v CACD 7-May-2009
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 20 December 2022; Ref: scu.269912

Coupe, Regina v: CACD 23 May 2008

Appeal from sentences for conspiracy to supply Class A drugs of 12 and 9 years o second appellant – minor previous convictions – dealing in class A drugs on a large scale.
Held: The learned judge took a starting point of 15 years and in Spelman’s case he took a starting point of 12 years, and was entitled to take those starting points. Correct discount for early plea. Appeal rejected.

Citations:

[2008] EWCA Crim 1210

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 20 December 2022; Ref: scu.270322

Cook v Plummer: CA 9 Apr 2008

Application for permission to appeal and for permission to amend his grounds of appeal in relation to a discretionary decision acceding to an application for a common-law stay on the grounds of forum non conveniens.

Citations:

[2008] EWCA Civ 484

Links:

Bailii

Statutes:

Children Act 1989 Sch 1 14

Jurisdiction:

England and Wales

Child Support, International

Updated: 20 December 2022; Ref: scu.267899

Chief Adjudication Office v Creighton: CANI 15 Dec 1999

Four appeals from decisions of Social Security Commissioners each involve the same net point of construction of regulations governing entitlement to attendance allowance. The respondents are all persons the cost of whose accommodation in residential or nursing homes was discharged on a provisional basis by health boards or trusts pending the completion of assessment of their means or realisation of their capital assets. In each case it was established that the claimant was liable to pay the cost of his or her accommodation, and made a refund to the paying authority of the amounts previously paid out by it. Each claimant was entitled to receive attendance allowance, and all were paid that benefit from the time when they commenced to pay for their own accommodation. The appellant contended, relying on decisions given by Social Security Commissioners in England, that on the true construction of the governing regulations the claimants were not entitled to receive attendance allowance during the period for which the boards or trusts were paying the cost of their accommodation, notwithstanding the fact that that outlay was ultimately repaid by or on behalf of the claimants. The Social Security Commissioners in Northern Ireland upheld the claimant’s entitlement in each case, and the Chief Adjudication Officer has appealed to this court against the decisions.

Citations:

[1999] NICA 13

Links:

Bailii

Jurisdiction:

Northern Ireland

Benefits

Updated: 20 December 2022; Ref: scu.263915

Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007

The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of habeas corpus.
Held: ‘the right approach to this issue is to ask whether, in the light of the discovery that the prosecution will not be able to rely on the evidence of telephone intercepts, the basis of the extradition order is undermined to such an extent that return (and continued detention prior to return) would now be unlawful. ‘ The order could not now stand.

Judges:

Smith LJ, Irwin J

Citations:

Times 06-Jun-2007, [2007] EWHC 939 (Admin), [2007] 3 WLR 621, [2007] 3 All ER 422

Links:

Bailii

Statutes:

Extradition Act 2003, Framework Decision of the Council of European Union and the surrender procedures between Member States 2002 (2002/584/JHA).

Jurisdiction:

England and Wales

Citing:

See Also – Hilali v Central Court of Criminal Proceedings Number 5 and Another Admn 16-Nov-2006
. .
Cited – Pinto v Governor of Brixton Prison and another Admn 2004
The Court was asked to grant Habeas Corpus on the ground that the European Arrest Warrant received in respect of the defendant was ‘fundamentally deficient’. At the initial hearing, the district judge had remanded the applicant in custody to await . .
Cited – Nikonovs v HM Prison Brixton and Republic of Latvia Admn 2-Nov-2005
The defendant argued that a failure to observe procedures under the Act resulted in his detention being unlawful and therefore susceptible to judicial review. He had not been brought before the appropriate court as soon as practicable after his . .
Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
See Also – Hilali v The National Court, Madrid and Another (No 5) Admn 26-May-2006
Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. . .

Cited by:

See Also – Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5) Admn 15-Jun-2007
. .
Appeal from – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
Lists of cited by and citing cases may be incomplete.

Extradition, Prisons

Updated: 20 December 2022; Ref: scu.251468

Evans v CIG Mon Cymru Ltd: CA 18 Jan 2008

‘Shortly after the expiry of the limitation period, a claimant serves on a defendant, by post, a claim form and particulars of claim together with a schedule of losses and a medical report. The letter serving the documents, the particulars of claim and the medical report make it clear that the claim is intended to be for damages for an accident at work. By a clerical error, the claim form refers not to an accident at work but to ‘abuse’ at work.
The defendants’ solicitors spot the discrepancy. They argue that the intended action for damages for the accident at work cannot now proceed. Are they right in law? That in short is in the question before us. ‘

Judges:

Lord Justice Toulson

Citations:

[2008] EWCA Civ 390, [2008] 1 WLR 2675, [2008] PIQR P17

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Limitation

Updated: 20 December 2022; Ref: scu.267070

Waide, Re Judicial Review: CANI 9 Jan 2008

Appeal from a decision dismissing the appellant’s application for judicial review of the Criminal Injuries Compensation Appeals Panel’s decision that she should not receive criminal injuries compensation. The appellant, while playing in a public park, had been struck by a motorcycle causing her serious leg injuries. The panel refused an award of compensation on the grounds that it was not satisfied that there had been a deliberate attempt by the driver of the motorcycle to inflict injury on any person.

Judges:

Kerr LCJ, Campbell LJ and Higgins LJ

Citations:

[2008] NICA 1

Links:

Bailii

Jurisdiction:

Northern Ireland

Personal Injury

Updated: 20 December 2022; Ref: scu.263910

AB, Regina v: CANI 9 May 2007

Appeal brought by the prosecution, under Article 17 of the Criminal Justice (Northern Ireland) Order 2004 against a ruling staying proceedings in the retrial of the respondent.

Judges:

Campbell and Higgins LJJ and Weatherup J

Citations:

[2007] NICA 18

Links:

Bailii

Jurisdiction:

Northern Ireland

Criminal Practice

Updated: 20 December 2022; Ref: scu.253566

GC v SB: FD 21 Dec 2005

Proceedings are brought under the Hague Convention by the Plaintiff father an Australian national resident in New South Wales. He seeks an order against his former wife for the return to Australia of their two children of the marriage, A born in 1996 (now aged 9) and R in 2000, (now aged 5). The mother brought the children to England on holiday with the consent of the father in order to visit the mother’s parents. Instead of returning to Australia as arranged, the mother has since remained in the United Kingdom with the children.

Judges:

Sir Mark Potter P

Citations:

[2005] EWHC 2988 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 20 December 2022; Ref: scu.236622

Regina v Mackenzie: HCJ 1989

Judges:

Lord Justice General Emslie

Citations:

1989 SLT 121

Statutes:

Misiuse of Drugs Act 1971 28(2)

Jurisdiction:

Scotland

Cited by:

Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act.
Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 December 2022; Ref: scu.237683

Lord Chancellor, Regina (on the Application Of) v Chief Land Registrar: Admn 15 Jul 2005

Responsibility for magistrates courts had been transferred to the claimant, who in turn asserted that the leasehold assets of the magistrates courts be re-let in standard form in its name. The Registrar indicated his doubt that the Act could create new leases, or that they would be registered. There were particular difficulties with the creation of flying freeholds where premises were shared. The claimant sought a declaration that it could create the new leases. For one property the temporary accomodation let to the magistrates court pending redevelopment would be transformed into a virtual freehold.
Held: The power granted was a power of transfer only and not a power to create leases. There was no power for the Lord Chancellor to set the terms of a lease and impose them on a local authority. It might have been better if Parliament had done so but it had not. The proposal for transfer of freeholds where premises were shared would have serious and unintended financial consequences for those parts of buildings which were not occupied as Magistartes courts, and an express power would have been required for this purpose. No such express power had been given.

Judges:

Stanley Burnton LJ

Citations:

[2005] EWHC 1706 (Admin), Times 09-Aug-2005, [2006] 2 WLR 1118, [2006] QB 795, [2005] 4 All ER 643

Links:

Bailii

Statutes:

Courts Act 2003

Jurisdiction:

England and Wales

Registered Land, Magistrates

Updated: 20 December 2022; Ref: scu.229307

Brent London Borough Council v Murphy: CA 1995

The defendant was a secure tenant. When she was sued for arrears of rent, she counterclaimed for damages for breach of the landlord’s obligation to repair for over seven years. The judge awarded her general damages for diminution of the value of the tenancy calculated by reference to a reduction in the rent payable and general damages by reference to an annual sum. The award totalled pounds 50,000.
Held: Leave to appeal was refused. One ground of appeal was that the awards of damages were excessive. Roch LJ said that there was no indication that the awards were wrong in principle or excessive in amount. Damages may be awarded on both bases.

Judges:

Roch LJ

Citations:

[1995] 28 HLR 203

Jurisdiction:

England and Wales

Housing

Updated: 20 December 2022; Ref: scu.245598

Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005

The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic.
Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The council had reclassified it as a bridleway, which did not exclude its use also as a public right of way for vehicular purposes. The Secretary of State had refused to recognise the order saying that the vehicular rights had been extinguished by the earlier re-classification. However the proviso in the 1949 Act had not been repealed, and the re-classification did not defeat the vehicular rights.

Judges:

Lightman J

Citations:

[2005] EWHC 1324 (Admin), Times 30-Aug-2005, [2005] 3 WLR 616, [2006] QB 113

Links:

Bailii

Statutes:

Countryside Act 1968, National Parks and Access to the hcountryside Act 1948, Wildlife and Countryside Act 1981

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Environment ex parte Hood CA 1975
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into . .
Cited – Regina v Secretary of State for the Environment ex parte Riley 1990
The court considered the effect of a reclassification of a road under the 1968 Act.
Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in . .
Cited – Marlene Peggy Masters v Secretary of State for Environment, Transport and Regions CA 31-Jul-2000
Where a public byway was defined as such under the Act, it was intended that the highway should be shown as such on the definitive map. The fact, if it was such, that a byway had fallen into disuse was not an indication that it should be omitted . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 20 December 2022; Ref: scu.227937

Mowlem Plc, Regina (on the Application Of) v District of Avon HM Assistant Deputy Coroner and Another: Admn 13 May 2005

The court has power to amend an inquisition by the substitution of words in an appropriate case. The power was only to be exercised with extreme caution: ‘The bottom line, so it seems to me, is that words can be thus substituted if they are words to which the decision-maker could not object as unreflective of his reasonable determination.’

Judges:

Wilson J

Citations:

[2005] EWHC 1359 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ministry of Defence v Her Majesty’s Coroner for Wiltshire and Swindon and others Admn 13-Feb-2006
The ministry appealed against the verdict that the deceased had been unlawfully killed. He had ingested sarin during an experiment on him at Porton Down in 1953. The court was asked itself to amend the verdict.
Held: There had been a full . .
Lists of cited by and citing cases may be incomplete.

Coroners

Updated: 20 December 2022; Ref: scu.228217

HM Attorney General v Foden: Admn 7 Apr 2005

Application for Civil Proceedings Order.
Held: ‘This defendant has become a compulsive litigant who has lost touch with reality. Her remorseless pursuit of litigation is wholly without merit, is clearly vexatious and has perpetrated a waste of scarce judicial resources needed for the determination of proper claims. Nothing in the documents put in by the defendant, including her affidavits, suggests otherwise. If anything they confirm it.’

Citations:

[2005] EWHC 1281 (Admin)

Links:

Bailii

Statutes:

Supreme Court Act 1981 42

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Vernazza, In Re Vernazza CA 1959
The respondent to an application to prevent him issuing proceedings without the court’s consent, had brought actions claiming in one form or another that a consent judgment ought to be set aside and that he was still owed the sum claimed in the . .
Cited – Attorney General v Jones CA 1990
A section 42 order embraced applications to or in the Court of Appeal as well as below. A person against whom a vexatious litigant order was sought could not seek to argue anew the findings which had already been made against him by the courts in . .
Cited – Attorney-General v Barker CA 16-Feb-2000
An order that someone be denied access to the courts save with consent of a judge was a challenge to that individual’s constitutional rights, and should only be made if the statutory pre-conditions are fulfilled. It had to be shown that the litigant . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 20 December 2022; Ref: scu.228214

W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005

The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition.
Held: ‘The defendant had already been placed under five carefully tailored restrictions, which were appropriate to combat the kind of anti-social nuisance he had become, and I am not surprised Chorley Magistrates considered that they were necessary as well. If it were also thought necessary and desirable to restrain him also from stealing in the light of the three scheduled acts of theft, then, in my judgment, inclusion of a provision of that kind might not have been inappropriate. But a general prohibition on committing criminal offences was far too widely drawn. At his age, he might well not know what was a criminal offence and what was not. ‘ It was open to the District Judge to hold the order invalid and too wide.

Citations:

[2005] EWHC 1333 (Admin), Times 20-Jun-2005

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Parkin (Shane Tony) CACD 3-Feb-2004
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order . .
Cited – B v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
See Also – W, Regina (on the Application Of) v Director of Public Prosecutions CA 8-Jun-2005
Breach of anti-social behaviour order order not to commit any criminal offence. . .

Cited by:

Cited – Crown Prosecution Service v T Admn 5-Apr-2006
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 December 2022; Ref: scu.228221

Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005

The CPS appealed the refusal of the respondent magistrates to decline jurisdiction to hear allegations against a youth.
Held: The magistrates had applied the wrong test, asking themselves whether a sentence substantially greater than two years might be imposed. They should have considered merely the threshhold of two years. Also the court had allowed itself to be given advice other than in open court. On the facts of this case, there was a clear possibility of an order for detention of two years or more. The decision was quashed and remitted to the magistrates to reconsider as a whole.

Judges:

Brooke LJ, Field J

Citations:

[2005] EWHC 1390 (Admin)

Links:

Bailii

Statutes:

Magistrates’ Courts Act 1980 24, Powers of Criminal Courts (Sentencing) Act 2000 91

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Eames CACD 1993
. .
Cited – Regina v Lennon CACD 1991
In relation to sentencing cases of indecent assault: ‘It was never easy to sentence in such cases; the circumstances of each case would vary greatly. The sentencer must tailor the sentence to the facts of the case before the court.’ . .
Cited – H and Others, Regina (on the Application of) v Southampton Youth Court Admn 2-Dec-2004
The court considered the principles for sentencing for sexual assaults by youths and the decision of magistrates whether to decline jurisdiction. Leveson J: ‘That the position would be different for an older person is obvious. Had an adult behaved . .
Cited – C, Regina (on the Application Of) v Grimsby and Cleethorpes Magistrates Court Admn 28-Jul-2004
A magistrates court having made a decision as to whether or not to decline jurisdiction may not revisit that decision. . .
Cited – Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A QBD 5-Dec-2003
Magistrates have no Power to redo Mode of Trial
The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial.
Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have . .
Cited – Regina v Harrison CACD 2001
. .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 20 December 2022; Ref: scu.228890

Ahmet, Regina (on the Application Of) v Secretary of State for Health: Admn 10 Jun 2005

The applicant sought cancellation of an alert issued by the respondent as to the thereat posed by his medical practice. The alert was issued without prior notification to him. Though complaints were penidng against him, no decsision had been made to supend him from practice as a registered general nurse.
Held: The issue of an alert was a serious step. The alert had been maintained because of the pending investigation and complaint. The professional body had decided not to suspend the comaplainant, and the Doctor who had decided to continue the alert had failed properly to allow for this. The deicision first to issue the notice had been correct. The decision later not to quash it was plainly wrong, and it should be reconsidered.

Judges:

Bean J

Citations:

[2005] EWHC 1358 (Admin)

Links:

Bailii

Statutes:

Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Regional Director of Public Director (Health?) ex parte X 29-Jun-2000
(name?) An alert letter issued by the Department of Health as to the unsafety of a practioner may clearly be ‘gravely prejudicial to a practitioner seeking employment’. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 20 December 2022; Ref: scu.228218

Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal.
Held: The correct approach was to to treat it as providing that ‘the claimant had no other legitimate purpose at this stage’ The claimant had already disclosed and had heard each point, it was possible for the respondent’s certificate to be correct. However the respondent had not given reasons for his decision, and it could not be concluded that delay was the only possible reason for the application.

Judges:

Mr George Bartlett QC (Sitting as a Deputy High Court Judge)

Citations:

[2003] EWHC 2152 (Admin), Times 26-Sep-2003

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 73(8), European Convention on Human Right 8

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Vemenac) v Secretary of State for the Home Department Admn 17-Jul-2002
The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship . .
Cited – Balamurali, Regina (on the Application Of) v Secretary of State for the Home Department Admn 9-May-2003
. .
Cited – Alia, Regina (on the Application of) v Secretary of State for the Home Department Admn 31-Jul-2003
. .
Appealed to – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .

Cited by:

Appeal from – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.186405

Bardiqi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 14 Jul 2003

Application for judicial review of decisions by the Secretary of State certifying claims made on behalf of the claimant as manifestly unfounded in accordance with section 72(2)(a) of the Immigration and Asylum Act 1999.

Citations:

[2003] EWHC 1788 (Admin)

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 72(2)(a)

Jurisdiction:

England and Wales

Immigration

Updated: 20 December 2022; Ref: scu.185628

Prosser v Castle Sanderson Solicitors (a Firm), Geoffrey Martin and Co (A Firm): CA 31 Jul 2002

The claimant sought damages from the respondent solicitors and insolvency practitioners for professional negligence. He had substantial business interests, but fell into financial difficulties, and sought assistance from the defendants. He failed to assist in the preparation of accounts. In a brief meeting during an adjournment of his creditors’ meeting, when he sought an IVA, he was advised of the necessity to agree to the sale of certain property.
Held: At this point the insolvency practitioner was acting as chair of the meeting, and in that capacity did not owe the claimant a duty of care. The solicitor was alleged to have been negligent in not advising him to seek an adjournment of the meeting for fourteen days. To hold him liable, the claimant had to show that there was a substantial chance of an adjournment achieving the desired result. The judge had decided that he would not in any event have provided the accounts, and the result would not have been different. Appeal against the dismissal of the claimant’s case dismissed.

Judges:

Lord Justice Mummery, Lord Justice Clarke, Lady Justice Hale

Citations:

[2002] EWCA Civ 1140, [2002] BPIR 1163, [2002] Lloyds Rep PN 584

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Insolvency

Updated: 20 December 2022; Ref: scu.174430