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Search Results for: Naval Discipline Act 1957
Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005
The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in the Second World War. Held: The review … Continue reading Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005
Regina v Dundon: CMAC 18 Mar 2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial. Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an independent tribunal could be shown, a trial could not normally be shown to … Continue reading Regina v Dundon: CMAC 18 Mar 2004
Grieves v The United Kingdom: ECHR 16 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award – Convention proceedingsThe claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence. Held: The claimant’s rights were infringed. Though there was facility to appoint a prosecutor … Continue reading Grieves v The United Kingdom: ECHR 16 Dec 2003
Le Petit v The United Kingdom: ECHR 15 Jun 2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings Citations: 35574/97, Times 09-Jul-2004, [2004] ECHR 258 Links: Worldlii, Bailii Statutes: Naval Discipline Act 1957 Jurisdiction: Human Rights Citing: Applied – Grieves v The United Kingdom ECHR 16-Dec-2003 … Continue reading Le Petit v The United Kingdom: ECHR 15 Jun 2004
Regina v Brown: CMAC 19 Jul 2007
The defendant appealed his convicion for failiing to obey an order to return, after also being accused of being absent without leave from his duties. Held: The fact of being absent without leave did not excuse a failure to obey a lawful order. Judges: Lord Phillips of Worth Matravers, LCJ, David J, Simon J Citations: … Continue reading Regina v Brown: CMAC 19 Jul 2007
