Category Archives: Constitutional
Regina -v- Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited; HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum … Continue reading
Filed under Constitutional, Housing, Landlord and Tenant
Young -v- The Bristol Aeroplane Co Ltd; CA 28-Jul-1944
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances … Continue reading
Filed under Constitutional, Land
Barclay and Others, Regina (on The Application of) -v- Secretary of State for Justice and Others; SC 1-Dec-2009
The claimants said that restrictions within the constitution of Sark on who could sit in the chief Pleas were incompatible with their human rights. The claimants variously owned property on Sark but had restricted rights to vote and stand.Held: The … Continue reading
Filed under Constitutional, Human Rights
Newcastle Breweries Ltd -v- The King; 1921
The court was asked to consider the validity of regulation 2B of the Realm Regulations made under section 1 of the 1914 Act. Held: The presumption against a statute authorising the expropriation of a subject’s property without payment is even … Continue reading
Filed under Constitutional
L’Office Cherifien Des Phosphates and Another -v- Yamashita-Shinnihon Steamship Co Ltd; HL 19-Jan-1994
The subject matter of statutes is so varied that generalised maxims are not a reliable guide. An arbitrator can dismiss a claim for inordinate and inexcusable delay, even where this had arisen before the Act which created the power.Lord Mustill … Continue reading
Filed under Arbitration, Constitutional
Secretary of State for Social Security -v- Tunnicliffe; CA 1991
Staughton LJ considered the interpretation of an Act of Parliament to give it reprospective powers: ‘In my judgment the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions … Continue reading
Filed under Constitutional
Abbott -v- Minister for Lands; PC 1895
When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the community or any class of them into an … Continue reading
Filed under Constitutional
Commissioner of Police -v- Davis; PC 1994
(Bahamas) Certain statutory provisions relating to drug offences infringed the Constitution of The Bahamas. A question then arose on the severability of one of the offending statutory provisions, section 22(8) of the Dangerous Drugs Act. This subsection related both to … Continue reading
Filed under Commonwealth, Constitutional
Secretary of State for Energy and Climate Change -v- Friends of The Earth and Others; CA 25-Jan-2012
The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now … Continue reading
Filed under Administrative, Constitutional, Environment, Utilities
Jennings -v- Buchanan; PC 14-Jul-2004
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for … Continue reading
Filed under Commonwealth, Constitutional, Defamation
