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Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004

The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green. Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 … Continue reading Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004

Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty and others: QBD 21 Oct 2005

The members of the anti-vivisection association appealed against an order for costs against the Association and its members at large. Held: It was possible to make an order against an association and its un-named members. The association had a bank account, and the order was valid. Judges: Mackay J Citations: Times 02-Nov-2005, [2005] EWHC 2233 … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty and others: QBD 21 Oct 2005

Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was … Continue reading Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

The claimant company was licensed to carry out scientific research, including research on live animals. The defendant association and its members opposed such work as cruel. The claimant had obtained an injunction to restrain the defendants harrassing protests. They now sought additional orders to protect staff members. Held: The order had provided a structure within … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

Sheffield City Council v E; Re E (An Alleged Patient): FD 2 Dec 2004

The council sought an order to prevent E, a patient from contracting a marriage which it considered unwise. As a preliminary issue the parties sought guidance as to the questions to be put to the expert as to capacity. Held: The woman suffered disabillities including functioning at the equivalent age of 13. The man had … Continue reading Sheffield City Council v E; Re E (An Alleged Patient): FD 2 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under … Continue reading Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

Acts

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

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs: CA 23 Jun 2006

The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act would prevent people enjoying their private lives. It was also … Continue reading Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs: CA 23 Jun 2006

Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005

The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005

Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

Jackson and others v Attorney General: HL 13 Oct 2005

The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005

Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

Burris v Azadani: CA 27 Jul 1995

The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases. Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such … Continue reading Burris v Azadani: CA 27 Jul 1995

Rex v Countess of Arundel: 1617

As regards a Bill in Parliament, the pronouncement of the words enacting it ‘carry its death’s wound in itself.’ Citations: (1617) Hobart 109 Jurisdiction: England and Wales Cited by: Cited – Jackson and others v Attorney General HL 13-Oct-2005 The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under … Continue reading Rex v Countess of Arundel: 1617

Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

Jones v Welsh Assembly Government: Admn 15 Dec 2008

The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008

Forbes v Secretary of State for the Home Department: CA 11 Jul 2006

The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content. Held: The objective of the notification requirements was the protection of children, and was … Continue reading Forbes v Secretary of State for the Home Department: CA 11 Jul 2006

Whaley and Another v Lord Advocate: HL 28 Nov 2007

The House considered claims that the 2002 Act, which set out to make unawful the hunting of wild mammals with dogs unlawful, infringed the claimants’ human rights, in that it contravened international treaties requiring the support for traditional practices and cultures. Held: Any interference with the appellants article 11 rights was justified. The Act was … Continue reading Whaley and Another v Lord Advocate: HL 28 Nov 2007

Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

Banks v Ablex Ltd: CA 24 Feb 2005

The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act. Held: There was insufficient evidence to say … Continue reading Banks v Ablex Ltd: CA 24 Feb 2005

M. Michaels (Furriers) Limited v Askew and Others: CA 25 Jun 1983

The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association. Held: Appeal denied. Care had to be taken against abuse, but that where a number of unidentified persons were causing injury and damage by … Continue reading M. Michaels (Furriers) Limited v Askew and Others: CA 25 Jun 1983

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Chassagnou and Others v France: ECHR 29 Apr 1999

A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically of the hunting association so that they could now hunt over other land also subject to the same new access … Continue reading Chassagnou and Others v France: ECHR 29 Apr 1999

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Viscountess Rhondda’s Claim: HL 1922

(Committee of Privileges of the House of Lords) Viscountess Rhondda asserted a right to sit in the House of Lords as a member, relying on the 1919 Act. Held: It is incorrect for a court to draw conclusions from such elements of the Parliamentary history of the legislation as the proposal and rejection of amendments. … Continue reading Viscountess Rhondda’s Claim: HL 1922

Taylor v Attorney General of Queensland: 29 Jun 1917

(High Court of Australia) The 1908 Act provided that, when a bill passed by the Legislative Assembly in two successive sessions had in the same two sessions been rejected by the Legislative Council, it might be submitted by referendum to the electors, and, if affirmed by them, should be presented to the Governor for His … Continue reading Taylor v Attorney General of Queensland: 29 Jun 1917

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Inland Revenue Commissioners v Dowdall, O’Mahoney and Co Ltd: HL 1952

A court is not prevented from interpreting the common law by an Act of parliament being based upon a different view. Citations: [1952] AC 401 Jurisdiction: England and Wales Cited by: Cited – West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation HL 1970 The mere fact that an enactment shows that Parliament must have … Continue reading Inland Revenue Commissioners v Dowdall, O’Mahoney and Co Ltd: HL 1952

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

PH v A Local Authority: CoP 30 Jun 2011

The Court was asked whether PH, a forty-nine year old man, suffering from Huntingdon’s Disease had capacity to make decisions about his residence, care and treatment. Judges: Baker J Citations: [2011] EWHC 1704 (COP) Links: Bailii Jurisdiction: England and Wales Citing: Applied – Sheffield City Council v E; Re E (An Alleged Patient) FD 2-Dec-2004 … Continue reading PH v A Local Authority: CoP 30 Jun 2011

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions: QBD 26 Jun 2003

Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the authority’s action. Held: Under the Act, the harbour authority had … Continue reading Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions: QBD 26 Jun 2003

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful 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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015

The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003

Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had collected rates twice for the same property. It challenged the legality of the order under which the rates … Continue reading Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003

Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

The Bribery Commissioner v Ranasinghe: PC 5 May 1964

S.29 of the Ceylon (Constitution) Order in Council 1946 gave the Ceylon Parliament power to make laws for the peace, order and good government of the island. S.29(4) gave it the power to ‘amend or repeal any of the provisions of this Order’; but provided that no Bill for amendment or repeal should be presented … Continue reading The Bribery Commissioner v Ranasinghe: PC 5 May 1964

Madzimbamuto v Lardner-Burke: PC 23 Jul 1968

(Southern Rhodesia) The Board considered a submission that legal effect should be given to a convention that the UK Parliament would not legislate without the consent of the government of Southern Rhodesia on matters within the competence of the Legislative Assembly. Held: It was a very important convention but it had no legal effect in … Continue reading Madzimbamuto v Lardner-Burke: PC 23 Jul 1968

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970

The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the enactment were such that they would only be workable if the law … Continue reading West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970

Pickin v British Railways Board: HL 30 Jan 1974

Courts Not to Investigate Parliament’s Actions It was alleged that the respondent had misled Parliament to secure the passing of a private Act. The claimant said that the land taken from him under the Act was no longer required, and that he should be entitled to have it returned. Held: When an enactment is passed … Continue reading Pickin v British Railways Board: HL 30 Jan 1974

Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination. Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour under the section, connoted assistance beyond the negligible, but did not need to be substantial or productive. The word should … Continue reading Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

Porter and Weeks v Magill: HL 13 Dec 2001

Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001

Stradling v Morgan: 1560

There is a wide common sense principle of the construction of statutes by which courts will imply qualifications into the literal meaning of wide and general words in order to prevent them from having some unreasonable consequence which it is . .

Taylor v Attorney General of Queensland; 29 Jun 1917

References: (1917) 23 CLR 457, [1917] HCA 31 Links: Austlii Coram: Barton J, Isaacs, Gavan Duffy, Rich and Powers JJ Ratio: (High Court of Australia) The 1908 Act provided that, when a bill passed by the Legislative Assembly in two successive sessions had in the same two sessions been rejected by the Legislative Council, it … Continue reading Taylor v Attorney General of Queensland; 29 Jun 1917

Clayton v Heffron; 17 Oct 1960

References: (1960) 105 CLR 214 Links: Austilii Coram: Dixon CJ, McTiernan, Fullagar, Kitto, Taylor, Menzies and Windeyer JJ (High Court of Australia) An Act was proposed to be introduced by the legislature to amend the constitution of New South Wales by abolishing the Legislative Council. There would be required first a vote in favour of … Continue reading Clayton v Heffron; 17 Oct 1960