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Bloomsburry Family law

Personal injury

Lodhi v Governor of HM Prison Brixton [2002] EWHC 2029 (Admin)

Extradition and Exclusion - Habeas Corpus - Second extradition request in relation to serious drug offences in United Arab Emirates - Second request not in circumstances abuse of process - Applicant’s claim that extradition unjust by reason of delay rejected - No evidence that prisoners in UAE systematically received less favourable treatment in significant way while serving their sentences by reason of their race or nationality and that those responsible for prisons either approved and encouraged such treatment or turned blind eye to it - Extradition Act 1989, ss 6(1)(d), 11(3)(b)

R v Harrison

Criminal Evidence - Road Traffic - Dangerous driving - Credibility central to defence case - Good character direction - Failure to direct jury - Counsel negligently forgot to ask judge to make direction - Omission threatened safety of conviction - Conviction quashed - Road Traffic Act 1988, s 2

Purfleet Farms Ltd v SoS for Transport, Local Government and the Regions [2002] EWCA Civ 1430

Costs - Compulsory Purchase - Lands Tribunal - Compensation claim in respect of compulsory purchase - Correct approach to award of costs to successful claimant whose award exceeded unconditional offer - Claimant entitled to costs in absence of special reason - Compensation proceedings based on principle of equivalence and not within CPR - Claimant entitled to costs unless Tribunal could readily identify situation in which claimant's conduct had led to obvious and substantial escalation of costs - Tribunal entitled in this case to award claimant only three-quarters of its costs - Lands Tribunal Act 1949, s 3(5) - Lands Tribunal Practice Direction, para 19.2

R v Heritage

Road Traffic - Criminal Procedure - Special reasons - Failure to have valid insurance - Vehicle driven from driveway on to road - Collision whilst parked - Magistrates entitled to hold shortness of distance driven was special reason for not endorsing licence even though Crown complained about leaving of car on road rather than fact of it having been driven - Road Traffic Act 1988, s 143 - Road Traffic Offenders Act 1988, Sched 2