header-logo header-logo

03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-detail

Criminal Litigation

R (Harrington) v Bromley Magistrates Court [2007] EWHC 2896 (Admin), [2007] All ER (D) 199 (Nov)

 The magistrates indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose that he was a danger to the pub­lic.

 

Although the report stated that he was not, he was nonetheless subsequently committed for sentence. He argued that his committal was un­lawful, being contrary to a legitimate expectation engendered by the indication that had been given by the justices.

 

HELD When the challenge is not to the origi­nal decision, but to the decision to commit despite the indication given by the magistrates, the court is reviewing the reasonableness of the decision to commit for sentence, not the view taken by the original bench. However, it is im­possible to conceive of circumstances in which a properly given indication could be gone back on by a subsequent decision without that deci­sion itself being held to be irrational or unlaw­ful.

Whenever the challenge arises, whether it is to the original or subsequent decision, it is the rationality and lawfulness of the first decision which ultimately determines the issue (per Mr Justice Mitting at para 12).

Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll