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Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

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

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Thompson (A Child) v Bradford: SCCO 30 Oct 2006

The short but important issue for decision in this case is the date from which the three month period for making an application that the Legal Services Commission should pay the costs of a successful non-legally aided opponent, specified in Section 11(1), of The Access to Justice Act 1999 pursuant to Regulation 10(2) of the … Continue reading Thompson (A Child) v Bradford: SCCO 30 Oct 2006

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

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

BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

Home Office v Lownds (Practice Note): CA 21 Mar 2002

The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002

Secretary of State for Justice v MM: SC 28 Nov 2018

The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018

Greenough v Ministry of Justice: Admn 11 Sep 2013

Application for permission to continue judicial review proceedings, permission having been refused on the papers. The challenge is brought by the claimant against a refusal by the Ministry of Justice to authorise exceptional funding, pursuant to section 6(8) subparagraph (b) of the Access to Justice Act 1999 for representation at an inquest into the death … Continue reading Greenough v Ministry of Justice: Admn 11 Sep 2013

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

Norfolk County Council v Webster and others: FD 1 Nov 2006

The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006

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

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Morrison v The Independent Police Complaints Commission and Others: Admn 26 Oct 2009

The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human rights, the investigator should be fully independent of the force against … Continue reading Morrison v The Independent Police Complaints Commission and Others: Admn 26 Oct 2009

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice: Admn 2 Oct 2014

The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants. Held: The claim succeeded. The basis of the decision to exclude such claims was quite inadequate as a consultation: ‘The … Continue reading Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice: Admn 2 Oct 2014

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

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

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 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

H v A (No2): FD 17 Sep 2015

The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment. Held: The judgment case should be published in its original format. The court identified: ‘the risk of so called ‘jigsaw identification’ in cases where the … Continue reading H v A (No2): FD 17 Sep 2015

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

Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

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 protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

Legal Services Commission (Decision Notice): ICO 7 Jul 2008

The complainant wrote to the Legal Services Commission to request a copy of a report it had received in connection with an application for legal aid. The public authority refused the request under section 44 of the Act which provides for an exemption where disclosure is prohibited under any other law or enactment. The public … Continue reading Legal Services Commission (Decision Notice): ICO 7 Jul 2008

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

Bremer Vulkan Schiffbau und Maschineenfabrik v South India Shipping Coroporation: HL 1981

The parties had referred their dispute to arbitration, but there had been inordinate delay, and the plaintiffs complained that the delay had prejudiced them, and sought an injunction to prevent further contuance of the arbitration, saying that the delay had discharged the arbitration agreement and reference. Held: A party aggrieved in this way must first … Continue reading Bremer Vulkan Schiffbau und Maschineenfabrik v South India Shipping Coroporation: HL 1981

Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

Westminster City Council v O’Reilly and others: CA 1 Jul 2003

The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003

KU (A Child) v Liverpool City Council: CA 27 Apr 2005

(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005

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

Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Osman v The United Kingdom: ECHR 28 Oct 1998

Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

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