The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, and the need for economy and efficiency required restrictions. Cases cited should be relevant … Continue reading Practice Direction on the Citation of Authorities: LCJ 9 Apr 2001
The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003
Incomplete Information distorted jury’s picture The defendant appealed against his conviction for robbery saying that it was a named third party. The jury had been told of his own previous conviction for robbery, but not that the third party had also so been previously convicted. The jury had only been informed that the third party … Continue reading H, Regina v, (Criminal propensity): CACD 3 Dec 2009
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Appeal against conviction, raising issues as to the proper application of s.100 of the Criminal Justice Act 2003: the admission of a non-defendant’s bad character. In this case, a defence witness. Judges: Lord Justice Simon Citations: [2020] EWCA Crim 137 Links: Bailii Statutes: Criminal Justice Act 2003 100 Jurisdiction: England and Wales Crime, Criminal Evidence … Continue reading Murphy, Regina v: CACD 12 Feb 2020
The claimant requested that the Crown court state a case. He had been convicted under the 1986 Act after remonstrating with the lady driver of another car. She had locked her doors and remained seated at all time. The court had refused to admit into evidence her previous convictions saying that they were irrelevant. The … Continue reading Jefferies, Regina (on The Application of) v St Albans Crown Court and Another: Admn 15 Feb 2012
The defendant appealed against his conviction for sexual assault on his child niece. He said that he had not been allowed to put to her allegations that she had made other, and false allegations against boys. Held: The appeal failed: ‘although, essentially, Miss Bache was pursuing a bad character application, out of an excess of … Continue reading Taylor v The Queen: CACD 2 Apr 2014
The defendant appealed against his conviction for possessing drugs with intent to supply. He said that the court should not have allowed the cross-examination of a defence witness as to that witness’ bad character. The witness was on remand facing similar charges. The prosecution suggested that his circumstances provided a reason to take responsibility for … Continue reading Miller v Regina: CACD 26 May 2010
Appeal against conviction of burglary. Admission of bad character evidence (many convictions of dishonesty) against alibi witness put forward only late – use of footprint matching evidence . .
The respondent had been subject first to a Grepe v Loam order and then to an extended civil restraint order. The court had still faced many hopeless applications. An order was now sought that any future application for permission to appeal be heard by a nominated judge, and any oter application should be heard first … Continue reading Attorney General v Perotti: Admn 10 May 2006
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The court examined the provisions distinguishing between sentences of imprisonment for life and imprisonment for public protection (IPP) in cases involving very serious gun and drugs crimes. Held: The Avis case guidelines remained valuable, but this case involved the large scale importation and distribution of firearms and new statutory provisions. The references to indeterminate sentences … Continue reading Wilkinson and Others, Regina v, Attorney-General’s Reference No 43 of 2009: CACD 6 Oct 2009
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The defendant objected to evidence being used as evidence of bad character against him under the 2003 Act, when it would not have been admissible as similar fact evidence under the old rules. Held: Obiter dicta in O’Brien did not mean that the Act merely codified existing law.The Act made the pre-existing test obsolete. Once … Continue reading Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005
The defendants appealed their convictions. In one case the prosecution had brought evidence of bad character. Bovell was convicted of wounding with intent, pleading self-defence. His legal team later discovered that the complainant had himself been investigated for a similar offence, but the alleged victim had withdrawn the complaint. B argued that, had he known … Continue reading Regina v Bovell; Regina v Dowds: CACD 25 Apr 2005
The test which to be applied when considering questions of disparity in sentencing between defendants is whether ‘right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of this sentence, consider that something had gone wrong with the administration of justice?’ Citations: (1983) 5 Cr App R (S) 158 … Continue reading Regina v Fawcett: CACD 1983
A 14-year old girl of low intelligence entered a shed, poured white spirit on the floor and set it alight. The fire destroyed the shed after she left. The allegation was that she was reckless. The justices applied Caldwell but inferred that in his reference to ‘an obvious risk’ Lord Diplock had meant a risk … Continue reading Elliott v C: 1983
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
The defendants appealed against an order allowing their trial to proceed without a jury. There had been earlier trials lost where the jury had suffered interference. Held: The trials could go ahead on this basis. The right to a fair trial would not be prejudiced by a trial without a jury, where there was a … Continue reading T and Others Regina v: CACD 5 Jun 2009
From 4 years for section 9 offence. Judges: Lord Justice Elias Mr Justice Jack Recorder of Redbridge His Honour Judge Radford (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2010] EWCA Crim 1005, [2010] 2 Cr App R (S) 106 Links: Bailii Statutes: Sexual Offences Act 2003 9 Jurisdiction: England and … Continue reading Naish, Regina v: CACD 23 Mar 2010
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient. Held: Where a prosecutor was aware that a plea of guilty was being entered because a defendant expected to have a particular sentence passed (in that case a … Continue reading Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
The several defendants were convicted of involvement in a conspiracy to fund a very substantial property portfolio by deceiving mortgage lenders. They said that the evidence of an expert witness was biasd and that they had not been allowed to put before the court evidence that she had been criticised for bias elsewhere. Held: The … Continue reading Jones and Others, Regina v: CACD 16 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have regard to the Civil Procedure Rules on striking cases out. Held: The school’s appeal … Continue reading St Albans Girls School and Another v Neary: CA 12 Nov 2009
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend the limitation period. The House was also asked as to whether … Continue reading A v Hoare: HL 30 Jan 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer. Held: The milkman had not gone so far outside the activities for which he was employed for the employer to escape liability. Lord Scarman said: ‘In words which have frequently been quoted … Continue reading Rose v Plenty: CA 7 Jul 1975
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Child not entirely free of responsibility The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence. Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson dissenting). Her contribution was assessed at 50%. The court rejected … Continue reading Jackson v Murray and Another: SC 18 Feb 2015
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Disclosure Sufficient to Support Inference The court was asked whether sufficient evidence had been adduced about the strength of the prosecution case at the time of interview, to permit an adverse inference to be drawn from the failure to mention specific facts pursuant to section 34 of the 1994 Act. The defendant was said to … Continue reading Black v Regina: CACD 17 Jul 2020
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
Europa 1. Article M of the Treaty on European Union makes it clear that a provision such as Article K.3(2), which provides for the adoption of joint action by the Council in the areas referred to in Article K.1 . .
The defendants appealed against their convictions for kidnapping and witness intimidation saying that the court should have allowed them to put the principle prosecution witness’ bad character in issue by admission of her criminal convictions.
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: Times 14-Jul-1995, Gazette 06-Sep-1995, Independent 19-Jul-1995, [1996] AC 74, [1995] 3 WLR 318, [1995] 3 All ER 559 Coram: Lord Keith of Kinkel Ratio The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and … Continue reading Martin v Watson: HL 14 Jul 1995
References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
