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Riniker v University College London (Practice Note): CA 5 Apr 2001

The Employment Appeal Tribunal does not have jurisdiction to hear an appeal which does not set out to disturb any part of the order made by the original tribunal. There is no inherent power in the Court of Appeal to bypass the prohibition in subsection of the 1999 Act against hearing an appeal from a … Continue reading Riniker v University College London (Practice Note): CA 5 Apr 2001

Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999

Judges: Lord Justice General and Lord Dawson and Lord Sutherland Citations: [1999] ScotHC 246, 2000 SCCR 151, 2000 JC 271, 2000 SLT 239, 1999 GWD 39-1886 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010 Statement without lawyer access was inadmissible The accused complained that he had been convicted … Continue reading Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001

The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health. Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists. … Continue reading Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001

Mahon, Regina (on the Application of) v Taunton County Court: Admn 13 Dec 2001

Application for leave to apply for judicial review of a decision of a county court judge. The claim was as to the refusal of a licence to the claimant to work as a taxi driver. Held: Leave was refused. Hooper J said: ‘This case and another case were listed before me because the Administrative Court … Continue reading Mahon, Regina (on the Application of) v Taunton County Court: Admn 13 Dec 2001

James v Baily Gibson and Co (a firm): CA 30 Oct 2002

The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002

Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, … Continue reading Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review. Held: In the absence of some procedural irregularity or other exceptional circumstance, judicial … Continue reading Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

In re Claims Direct Test Cases: CA 12 Feb 2003

The parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation. Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each case, and out of which they paid the underwriters. The underwriters would not insure unless appropriate arrangements were in place for … Continue reading In re Claims Direct Test Cases: CA 12 Feb 2003

Burstein v Times Newspapers Ltd (No 2): CA 28 Nov 2002

The defendant complained that the agreement under which the claimant’s solicitors had continued to act on his behalf, despite any realistic prospect of him ever being able to pay their costs, was a sham, and requested a full hearing to determine whether he would be able to pay those costs. Held: The solicitors were entitled … Continue reading Burstein v Times Newspapers Ltd (No 2): CA 28 Nov 2002

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Routier and Another v Revenue and Customs: SC 16 Oct 2019

A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The Lord Chancellor (As Successor To The Legal Services Commission) v Cooke and Another (Charges and Charging Orders : Charges Imposed Pursuant To Statute): LRA 31 Jan 2014

LRA Where a party obtains public funding of litigation as to the amount secured by a mortgage or charge and that results in a reduction of the amount claimed by the mortgagee, the Legal Services Commission is entitled to a charge over the funded party’s beneficial interest in the property under section 10(7) of the … Continue reading The Lord Chancellor (As Successor To The Legal Services Commission) v Cooke and Another (Charges and Charging Orders : Charges Imposed Pursuant To Statute): LRA 31 Jan 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

Millar v Dickson: PC 24 Jul 2001

The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that they did not meet this requirement. Held: A trial before a temporary Sheriff was not … Continue reading Millar v Dickson: PC 24 Jul 2001

Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

Cadder v Her Majesty’s Advocate: SC 26 Oct 2010

Statement without lawyer access was inadmissible The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer. Held: The section must be read … Continue reading Cadder v Her Majesty’s Advocate: SC 26 Oct 2010

HJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same: SC 7 Jul 2010

The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by adapting their behaviour on return. In both countries practising homosexuality would risk imprisonment and in Iran, execution. Held: … Continue reading HJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same: SC 7 Jul 2010

Nicholas v Secretary of State for Defence: CA 4 Feb 2015

The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and infringed her human rights because of the lack of security of tenure. Schedule 1 … Continue reading Nicholas v Secretary of State for Defence: CA 4 Feb 2015

Rowland v The Environment Agency: CA 19 Dec 2003

The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003

Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Accessory Liability in Tort The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which the attacks were made, but denied direct involvement in or responsibility for … Continue reading Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014

Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the claimants, and second as to the suspension of the injunctions whilst the property to be protected … Continue reading Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004