Reported English Cases

1.    Taylor (Bonnet) v The Queen [2013] UKPC 8; [2013] 1 WLR 1144 [(1) Evidence — Witness — Failure to call — Potential witness making written statement to police casting doubt on prosecution evidence — Conviction challenged on ground that failure to call witness or to read out statement making trial unfair — Proper approach of appellate court — Whether adducing witness’s evidence might reasonably have affected decision of jury to convict — Whether conviction safe (2) Jury — Bias — Juror excused during trial after admitting knowledge of defendant — Judge not inquiring whether excused juror had actually disclosed prejudicial information about defendant to other jury members — Judge warning jury to reach verdict on evidence alone — Whether conviction safe]

2.    FH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 385; [2010] Imm. A.R. 32; [2009] I.N.L.R. 622: [Immigration – Rules – Long residence – Claimant residing in United Kingdom unlawfully for over 20 years – Delay in Secretary of State considering claimant’s application on ground of long residence – Whether relevant extra-statutory concession applicable at time in which Secretary of State should have made decision – Whether material consideration]

3.    Mbasogo [Obiang] v Logo Ltd Court of Appeal [2007] QB 846; [2007] 2 WLR 1062 [Pleading – Striking out – No reasonable cause of action – Claims arising out of attempted coup in African state – Claims for damages for assault and unlawful means conspiracy – Claims for injunctive relief – Claims by president of state and by state – Whether claims justiciable – Whether claims to be struck out]

4.    President of the State of Equatorial Guinea v Royal Bank of Scotland International Privy Council [2006] 3 LRC 676 [Practice and procedure – Pre-trial relief – Norwich Pharmacal order – Applicant seeking information regarding money transaction – Moneys allegedly used to finance coup against friendly foreign state – Norwich Pharmacal order sought against bank – Whether order appropriate – Relevant considerations – Whether any other available or straightforward means of finding information – Whether likely use of information relevant – Whether just and convenient to grant order – Whether order to be suspended]

5.    Vectone Entertainment Holding Ltd v South Entertainment Ltd [2004] EWHC 744 (Ch); [2005] B.C.C. 123; [2004] 2 B.C.L.C. 224 [Meeting – Convening of extraordinary general meeting – Refusal of minority shareholder to attend meeting so that meeting inquorate without him and resolutions passed thereat invalid – Majority shareholder seeking order for convening of meeting to enable invalidly passed resolutions to be put to, and passed by, a properly constituted meeting – Whether appropriate for court to grant relief sought – Application of relevant principles – Companies Act 1985, s 371]

6.    Balfron Trustees Ltd v Peterson (No 2), Chancery Division, 9 July 2001 [Removal of monies from pension scheme – Breach of trust – Stay of proceedings – Concurrent civil and criminal proceedings in respect of same subject matter – Application by defendants for stay of civil proceedings until conclusion of criminal proceedings – Whether real, as opposed to fanciful danger, of miscarriage of justice if stay not granted – Whether court should grant stay]

7.    FSL Services Limited v MacDonald Court of Appeal [2001] EWCA Civ 1008 21 June 2001 [Striking out – Abuse of process – Inquiry as to damages – Judge discharging freezing orders made against defendants and directing inquiry as to loss suffered by them – Claimant applying for striking out or dismissal of inquiry on ground that evidence not disclosing any recoverable loss – Judge refusing to strike out inquiry as to damages – Whether judge in error]

8.    The Contradictors v Attorney-General Privy Council, [2001] D2 UKPC 10, 8 March 2001 [2001] 3 NZLR 301

9.    Macdonald v Taree Holdings Ltd [2001] 1 Costs L.R. 147; [2001] C.P.L.R. 439 [Costs – Summary assessment – Statement of costs – Appellant successfully applying to set aside statutory demand – District judge refusing to award appellant his costs because of failure, without reasonable excuse, to serve statement of costs on respondent not less than 24 hours before hearing – Whether district judge’s decision correct]

10.    R v Docklands Estates Ltd Court of Appeal [2000] 45 EG 175; 164 JP 505; [2000] 3 EGLR 17 [Estate agents – Trade Descriptions Act 1968 – “Fly boarding” – Penalty – Whether fine of £22,500 plus costs appropriate penalty for illegal “fly boarding” – Whether fines of £100 per offence generally imposed by magistrates too low]

11.    Grammer v Lane Court of Appeal [2000] 2 All ER 245, [2000] 04 EG 135, [2000] 1 EGLR 1, 25 November 1999 [Agricultural holdings – Whether appellant held agricultural tenancy – Determination of rent – Repairs – Notices to quit – Whether landowner in dispute about existence of tenancy entitled to initiate statutory arbitrations relating to rent and repairs – Statutory arbitrator – Whether arbitrator entitled to determine appropriate course of action where existence of tenancy being disputed – Whether misconduct by arbitrator]

12. Rooney v Cardona Court of Appeal [1999] 1 WLR 1388, [1999] 1 FLR 1236, [Bankruptcy — Husband and wife grantees of life insurance policy — Husband adjudicated bankrupt — Wife making will with husband as executor — Husband claiming death benefit from policy after wife’s death — Whether husband entitled to claim benefit when an undischarged bankrupt — Married Women’s Property Act 1882, s 11]

13.    Rooney v Das [1999] BPIR 404 [Bankruptcy – Preference – effect of absence of cross-examination of the bankrupt]

14.    Stafford v The State Privy Council, [1999] 1 WLR 2026 [Trinidad and Tobago — Crime — Homicide — Murder — Constructive malice doctrine abolished — Judge misdirecting jury in accordance with constructive malice principle — Whether provisio to be applied — Whether alternative verdicts to be substituted — Supreme Court of Judicature Act (Laws of Trinidad and Tobago, 1980 ed, c 4:01), ss 44(1), 45(2)]

15.    Turkiye Is Bankasi As v Bank of China Court of Appeal [1998] 1 Lloyd’s Rep 250 [Banking — Counter-guarantees — Enforcement — Counter-guarantees provided to back performance bonds to secure obligations under building contracts — Demands made under performance bonds — Whether demands fraudulent — Whether plaintiffs bound to pay under performance guarantee — Whether counter-guarantees could be enforced]

16.    R v Palmer Privy Council [1997] 4 LRC 638 [(1) Criminal procedure – Prosecution – Duty on prosecution to present case fairly – Statements by accused – Written and oral statements made to police by accused – Prosecution adducing oral, but not written, statement in evidence – Whether prosecution selectivity creating misleading impression – Whether non-disclosure of written statement unfair and improper – Whether comments by trial judge on unseen written statement unduly prejudicial to accused; (2) Criminal procedure – Disclosure of evidence – Duty on prosecution – Fairness – Statements to police by prosecution witnesses not disclosed before or at trial – Statements consistent with accused’s account of events – Discrepancies between previous statements and witnesses’ evidence at trial – Whether non-disclosure of earlier statements a material irregularity]

17.    Zandfarid v Bank of Credit and Commerce International Sa (in Liquidation) Chancery Division, [1996] 1 WLR 1420, [1997] 1 FLR 274, [1997] 1 FCR 78 [Bankruptcy — Practice — Stay of proceedings — Joint charge on matrimonial home — Secured creditor bringing proceedings for possession — Debtor’s wife seeking to avoid enforcement by reason of husband’s misrepresentation — Creditor petitioning as unsecured creditor for debtor’s bankruptcy — Wife seeking stay of bankruptcy proceedings — Whether wife prejudiced by bankruptcy proceedings against husband — Whether proper for mortgagee to petition as unsecured creditor in absence of other creditors — Insolvency Act 1986 (c 45), ss 269(1), 336]

18.    Adams v The Queen Privy Council, [1995] 1 WLR 52, [1995] 2 BCLC 17, [1995] 2 Cr App Rep 295, [1995] Crim LR 561, [1995] BCC 376 [Crime — Conspiracy — Conspiracy to defraud — Director of company and others agreeing to use system to disguise source and use of moneys from legitimate inquiry — Director owing company duty of disclosure — Company entitled to recover secret profits from director — Whether director dishonestly concealing information under duty to disclose to company — Whether conspiracy to defraud — Crimes Act 1961 (No 43 of 1961), s 257]