Case Summaries: Monday Law Report 4 December 2000
THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.
Omoruyi v Secretary of State for the Home Department; CA (Simon Brown, Waller LJJ, Forbes J) 12 Oct 2000.
An applicant for asylum who claimed to be suffering persecution for reasons of religion had to show some element of conscious discrimination against him because of his religious beliefs. Accordingly, the claim of the applicant was bound to fail, since his fear of persecution by members of a cult in his home country arose not because of his religious beliefs, but because he had defied the members of the cult.
Nicholas Blake QC, J Collins (Michael Reason) for the applicant; A Underwood (Treasury Solicitor) for the Secretary of State.
Dalziel v Donald; QBD (Robert Moxton-Brown QC as a deputy High Court judge) 20 Oct 2000.
In proceedings brought under the Fatal Accidents Act 1976 it was appropriate, when calculating the appropriate multiplier for future dependency, to reduce the multiplier where there was clear evidence that a dependent's marriage might have failed, as where the deceased had been involved in an extra-marital affair.
Colin Nixon (Amery Parkes, Birmingham) for the claimant; Howard Elgot (Whittles, Leeds) for the defendant.
R v D; CA, Crim Div (Mantell LJ, Holman J, the Recorder of Liverpool) 23 Oct 2000.
Since there was no definition of the term "persistent offender" in the Crime and Disorder Act 1988, it should be interpreted on the facts of each particular case. It could be applied to a defendant with no previous convictions who had committed a number of crimes within a short period of time, but was wrongly applied to a defendant convicted of affray with previous convictions of a different nature.
Steven Evans (Registrar of Criminal Appeals) for the defendant.
LIBEL AND SLANDER
Loutchansky v Times Newspapers Ltd; QBD (Gray J) 24 Oct 2000.
A defendant to defamation proceedings would not be protected by qualified privilege on the basis that the claimant was of bad character because the Secretary of State had made an exclusion order against him. …