The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
A local education authority refused to pay salaries to teachers in a non-provided school at the same rate as it paid the teachers in provided schools. The managers of the non-provided school complained, and the Board of Education directed an inquiry, the result of which was a report that the local education authority had failed … Continue reading Board of Education v Rice: HL 6 Apr 1911
False Prospectus – Issuers liable in Deceit The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off pressing liabilities. … Continue reading Edgington v Fitzmaurice: CA 7 Mar 1885
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
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. The court particularly considered the severability of a section requiring the former employee to take no interest in a competing company. Held: The court should set aside … Continue reading Tillman v Egon Zehnder Ltd: SC 3 Jul 2019
The claimant argued that the restrictions on open air cremations as required by his Hindu belief was unreasonable and infringed his human rights. Held: The burning of a body otherwise than at a crematorium was a criminal offence. The claimant had established that open air cremation was a sufficiently serious element of his religious beliefs … Continue reading Ghai v Newcastle City Council: Admn 8 May 2009
References: (1848) 2 Ph 774, [1848] 1 H & TW 105, [1848] 18 LJ Ch 83, [1848] 13 LTOS 21, [1848] 13 Jur 89, [1848] 41 ER 1143 LC, (1848) 11 Beavan 571, [1848] EWHC Ch J34, [1848] EngR 1005, (1848) 11 Beav 571, (1848) 50 ER 937, [1848] EngR 1059, (1848) 1 H & … Continue reading Tulk v Moxhay; 22 Dec 1848
