These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019
The claimant appealed against refusal of permission to claim assault by poice officers acting in the course of an arrest of him. He had later been convicted of the offence for which he was arrested. Judges: Longmore, Toulson, Patten LJJ Citations: [2009] EWCA Civ 971 Links: Bailii Statutes: Criminal Justice Act 2003 329 Jurisdiction: England … Continue reading Buike v Chief Constable of West Yorkshire: CA 15 Jul 2009
Appeal against finding that a police officer had assaulted the claimant in the course of his arrest. Judges: Mr Justice Jeremy Baker Citations: [2019] EWHC 1485 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 329 Jurisdiction: England and Wales Torts – Other Updated: 10 July 2022; Ref: scu.638448
Claim for damages for assault during arrest. It became necessary for the claimant to issue proceedings very quickly after the decision in Hoare, and he failed to obtain consent under the 2003 Act before issuing his claim. Held: The requirement to obtain consent before issuing proceedings was procedural only. Judges: Owen J Citations: [2008] EWHC … Continue reading Adorian v Commissioner of Police of the Metropolis: QBD 19 May 2008
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been … Continue reading Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009
The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act. Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did … Continue reading IK, Regina v: CACD 8 Mar 2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The applicant sought to register, under the Act, an order against the funds of the defendant, who replied that the order sought to be registered had been obtained in a way which would infringe her human rights if obtained here. As a fugitive she had not been allowed to defend the claim. Held: If the … Continue reading Government of the United States of America v Barnette and another: Admn 2002
The defendant sought leave to appeal his conviction for causing grievous bodily harm, saying that the judge should not have admitted hearsay evidence and had failed to consider all the elements he should have considered before allowing it. Held: The Act provided for nine separate factors. The judge had said that he had been unable … Continue reading Regina v Taylor: CACD 25 Jan 2006
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
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
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with that brother to commit burglaries. The juror had sworn an affidavit that … Continue reading Regina v Gough (Robert): HL 1993
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
Non-consolidation of sentence to debar home curfew Each defendant had been sentenced to consecutive terms of imprisonment under the 1991 and 2003 Acts. One was above and one below twelve months. They complained that the result of trying to reconcile the statutory provisions was that they had effectively been excluded from consideration under the home … Continue reading Round and Dunn v Regina: CACD 16 Dec 2009
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
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