The claimants, demonstrators at Menwith Hill Station, asserted that repeated arrests for trespass were made under unlawful byelaws. In particular they said that the restrictions on trespass were unlawful, since the area was not clearly defined.
Judges:
Simon Brown, Peter Gibson, Schiemann LJJ
Citations:
[1996] EWCA Civ 1348, (1996) 160 JP Rep 788, [1997] QB 924, [1996] 4 All ER 523, [1997] 3 WLR 573
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Cited – Mossell (Jamaica) Ltd (T/A Digicel) v Office of Utilities Regulations and Others PC 21-Jan-2010
(Jamaica) Lord Phillips, after referring to the speech of Lord Irvine in Boddington, rejected the submission that the principle in Boddington applies only within criminal prosecutions, adding: ‘What it all comes to is this. Subordinate legislation, . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 12 July 2022; Ref: scu.432467
