swarb.co.uk - law index
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Constitutional - From: 1993 To: 1993
This page lists 13 cases, and was prepared on 20 May 2019.
Bugg v Director of Public Prosecutions; Director of Public Prosecutions v Percy; QBD 1993 - [1993] QB 473; [1993] 2 WLR 628
Steele Ford and Newton v Crown Prosecution Service (No.2); HL 1993 - [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934
Regina v Manchester Crown Court ex parte Director of Public Prosecutions; QBD 20-Jan-1993 - Gazette, 20 January 1993
Airedale NHS Trust v Bland; HL 4-Feb-1993 - [1993] AC 789; [1993] 2 WLR 316; [1993] UKHL 17; [1992] UKHL 5
Steele, Ford, and Newton v Crown Prosecution Service and Another etc (Consolidated Appeals) (No 2) Independent, 10 June 1993; Times, 28 May 1993; [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934
28 May 1993
HL
Lord Bridge
Criminal Practice, Costs, Constitutional
The Court of Appeal Civil Division has no power to make an award of costs out of central funds. The court referred to: "the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over the levying and the expenditure of the public revenue".
Bridge alluded to the position where a party could not have recourse on costs when he had to come to court to seek relief by way of judicial review due to a misjudgement by an inferior court or tribunal. It is the position under the common law that there are occasions where a successful party may not be able to recover the costs incurred by him in correcting an error of an inferior tribunal.
Ruiz-Mateos v Spain; ECHR 23-Jun-1993 - 12952/87; [1993] ECHR 27
Gibraltar v Council Times, 09 July 1993; [1993] ECR I-3605; C-298/89; [1993] EUECJ C-298/89
29 Jun 1993
ECJ
Transport, Constitutional
(Judgment) European Community jurisdiction on Gibraltar Airport dispute must await UK-Spain agreement.
ECJ Article 2(2) of Directive 89/463 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, which suspends the application of that directive to Gibraltar airport until the cooperation arrangements for that airport agreed between the Governments of the Kingdom of Spain and the United Kingdom come into operation, cannot be regarded as constituting a decision within the meaning of the second paragraph of Article 173 of the Treaty, so that an action for its annulment brought by a natural or legal person is inadmissible.
Where an instrument contains limitations or derogations which are temporary or territorial in nature, they form an integral part of the provisions as a whole within which they are found and, in the absence of any misuse of powers, are of the same general nature as those provisions. The suspension by the said article of the application of the directive, which is itself of general application, affects equally all air carriers wishing to operate a direct inter-regional air service between another Community airport and Gibraltar airport and, more generally, all those using the latter airport. Furthermore, apart from the fact that Gibraltar airport is not the only airport to have been temporarily excluded from the scheme of the directive, the said suspension merely reflects the consequences of the existence of an objective obstacle, arising from differences between two Member States, to the immediate application of the directive to Gibraltar airport.
[ Bailii ]
Vincent v The Queen; Franklyn v the Queen Gazette, 30 June 1993; [1993] 1 WLR 862
30 Jun 1993
PC
Lord Woolf
Criminal Practice, Commonwealth, Constitutional
Jamaica- prosecution must provide copies of statements to defence. The provisions of section 20(1) and (6) of the Jamaican Constitution "do no more than codify in writing the requirements of the common law which ensure that an accused person receives a fair trial".
1 Citers
M v Home Office and Another; In re M Times, 28 July 1993; Gazette, 13 October 1993; Independent, 28 July 1993; [1994] 1 AC 377; [1993] 3 WLR 43; [1993] UKHL 5; [1993] 3 All ER 537
28 Jul 1993
HL
Lord Woolf, Lord Donaldson of Lymington MR
Litigation Practice, Judicial Review, Contempt of Court, Constitutional
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would not be removed. He was removed in breach of the undertaking, which counsel then did not accept he had given. The judge ordered the return of M to this country. The respondent said the court had no power either of mandamus or in contempt against the Crown. Held: A court can grant a final and or an interim injunction against the Crown, and the Crown and ministers of the Crown, are not immune to contempt proceedings for breach of an injunction.
Section 21 of the 1947 Act did not prevent an injunction being granted in a situation in which it could have been granted prior to the Act and section 31(2) of the Supreme Court Act 1981 gave jurisdiction to the court on applications for judicial review to grant injunctions, including interim injunctions, against ministers and other officers of the Crown. The effect of the 1947 Act was that it is only in those situations where prior to the Act no injunctive relief could be obtained that section 21 prevents an injunction being granted. This was the least that could be expected from legislation intended to make it easier for proceedings to be brought against the Crown.
Lord Templeman said: "My Lords, the argument that there is no power to enforce the law by injunction or contempt proceedings against a minister in his official capacity would, if upheld, establish the proposition that the executive obey the law as a matter of grace and not as a matter of necessity, a proposition which would reverse the result of the Civil War. For the reasons given by my noble and learned friend, Lord Woolf, and on principle, I am satisfied that injunctions and contempt proceedings may be brought against the minister in his official capacity and that in the present case the Home Office for which the Secretary of State was responsible was in contempt."
Lord Templeman criticised "the proposition that the executive obey the law as a matter of grace and not as a matter of necessity [as] a proposition which would reverse the result of the Civil War". The proposition that a member of the executive can actually overrule a decision of the judiciary because he does not agree with that decision is equally remarkable, even if one allows for the fact that the executive's overruling can be judicially reviewed. Indeed, the notion of judicial review in such circumstances is a little quaint, as it can be said with some force that the rule of law would require a judge, almost as a matter of course, to quash the executive decision.
Crown Proceedings Act 1947 21 - Supreme Court Act 1981
1 Cites
1 Citers
[ Bailii ]
Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg; Admn 30-Jul-1993 - [1993] 3 CMLR 101; [1994] 2 WLR 115; [1994] 1 ALL ER 457; [1994] QB 552; [1993] EWHC Admin 4
Criminal proceedings against Vanacker and Lesage 1993] ECR I-4947; C-37/92; [1993] EUECJ C-37/92
12 Oct 1993
ECJ
Constitutional, European
(Judgment) 1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, those courts are required to interpret their national law in the light of the wording and the purpose of the directive.
2. Directive 75/439 on the disposal of waste oils precludes national legislation establishing a system of collection and disposal of waste oils for the benefit of undertakings to which the administrative authorities grant approval for exclusive zones, and which in fact allows such approval to be granted only to national undertakings.
[ Bailii ]
Regina v European Community, Ecclesiastical Comittee of the Houses of Parliament, Ex Parte the Church Society; QBD 28-Oct-1993 - Times, 04 November 1993; Independent, 04 November 1993
Walker and Another v Regina; Douglas v The Same; Glanville v Same Times, 04 November 1993; Gazette, 19 January 1994; Independent, 11 November 1993; [1994] 2 AC 36
4 Nov 1993
PC
Criminal Practice, Human Rights, Commonwealth, Constitutional
The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted.
1 Citers
