Category Archives: Constitutional
Scott -v- Scott; HL 1912
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.Held: The House equated … Continue reading
Filed under Administrative, Children, Constitutional, Contempt of Court, Media
De Morgan and Another -v- Director-General of Social Welfare; PC 7-Oct-1997
The right of appeal to the Privy Council can be removed or limited by the use of words which fell short of an express limitation, but which still showed the necessary intention. Lord Browne-Wilkinson said that the power is ‘at … Continue reading
Filed under Constitutional
Attorney-General of The Gambia -v- Momodou Jobe; PC 1984
A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction … Continue reading
Filed under Commonwealth, Constitutional
Sirros -v- Moore; CA 1974
Lord Denning MR discussed the immunity of judges from suit: ‘Ever since the year 1613, if not before, it has been accepted in our law that no action is maintainable against a judge for anything said or done by him … Continue reading
Filed under Constitutional, Legal Professions
Regina -v- Her Majesty’s Attorney General ex parte Rusbridger and Another; HL 26-Jun-2003
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.Held: Declaratory relief as to the criminality … Continue reading
Filed under Constitutional, Human Rights, Media
City of London -v- Samede and Others; QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by … Continue reading
Filed under Constitutional, Human Rights, Land
National Assistance Board -v- Wilkinson; 1952
It is a fundamental principle of statutory construction that Parliament should not be taken as effecting a fundamental alteration in the general law, by (say) abolishing a long established defence, unless it made this expressly clear in the statutory wording.
Filed under Constitutional
Church of Scientology of California -v- Johnson-Smith; QBD 1971
The plaintiff church sued the defendant, a Member of Parliament, for remarks made by the defendant in a television programme. He pleaded fair comment and the plaintiff replied with a plea of malice, relying on statements made in Parliament. The … Continue reading
Filed under Constitutional, Defamation
HM Treasury -v- Ahmed and Others; Same -v- al-Ghabra; Regina (Youssef) -v- HM Treasury; A -v- HM Treasury (JUSTICE intervening); SC 27-Jan-2010
The claimant objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.Held: The orders could not stand. Such orders were made by the executive without parliamentary … Continue reading
Filed under Banking, Constitutional, Crime
