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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

Woodland v Essex County Council: SC 23 Oct 2013

The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Ainscough, Regina v: CACD 14 Mar 2006

Appeal against conviction – self defence Judges: Maurice Kay LJ, McKinnon, Langstaff JJ Citations: [2006] EWCA Crim 694, 170 JP 517 Links: Bailii Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 21 July 2022; Ref: scu.243030

MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007

The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007

CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation): CA 4 Dec 2014

The claimant child suffered permanent damage in the form of foetal alcohol spectrum disorder. She now appealed from rejection of her claim for criminal injuries, saying that her mother’s drinking had been made her guilty of unlawfully administering a poison to any other person so as thereby to inflict grievous bodily harm, contrary to section … Continue reading CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation): CA 4 Dec 2014

M, Regina v: CACD 21 Jun 2019

Appeal, brought with the leave of the single judge, against the appellant’s conviction for wounding with intent to do grievous bodily harm, Citations: [2019] EWCA Crim 1094 Links: Bailii Statutes: Offences against the Person Act 1861 18 Jurisdiction: England and Wales Crime Updated: 14 July 2022; Ref: scu.639263

Nedrick-Smith v -Director of Public Prosecutions: Admn 15 Nov 2006

Appeals against conviction of an offence of assault occasioning actual bodily harm, contrary to section 47 the 1861 Act. It is common ground that Heather Lewis was assaulted on 6th November 2005 when she was attacked in her home. It is further common ground that during the incident blows were struck by three women, and … Continue reading Nedrick-Smith v -Director of Public Prosecutions: Admn 15 Nov 2006

Paget, Regina v: CACD 15 Mar 2018

Appeal from sentences for possession of prohibited firearm, and possessing a firearm with intent to cause fear of violence, and wounding with intent. Citations: [2018] EWCA Crim 635 Links: Bailii Statutes: Firearms Act 1968 5(1)(aba) 16A, Offences Against the Persons Act 1861 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 July 2022; Ref: scu.624043

CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

Hodson, Regina v: CACD 9 Jul 2009

Appeal from conviction of wounding with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861. Citations: [2009] EWCA Crim 1590 Links: Bailii Jurisdiction: England and Wales Crime Updated: 29 June 2022; Ref: scu.375548

Konzani, Regina v: CACD 17 Mar 2005

The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, … Continue reading Konzani, Regina v: CACD 17 Mar 2005

Tweddle v Atkinson, Executor of Guy, Deceased: QBD 7 Jun 1861

An agreement was made by the fathers of a bride and groom to pay the groom a sum of money. When the bride’s father failed to pay, the groom sued. Held: The claim failed. Wightman J said that no stranger to the consideration could take advantage of a contract though made for his benefit. Crompton … Continue reading Tweddle v Atkinson, Executor of Guy, Deceased: QBD 7 Jun 1861

Brady, Regina v: CACD 19 Oct 2006

Appeal against conviction for inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861. Judges: Hallett LJ, Leveson, Simon JJ Citations: [2006] EWCA Crim 2413 Links: Bailii Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 23 June 2022; Ref: scu.245673

Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004

The claimant awaited trial for GBH. The claimant sought judicial review of directions given for 1) to direct disclosure of material to the claimant; 2) to adjourn the application to enable him to call oral evidence; 3) to consider any material outside the copy witness statements relied upon by the prosecution; and 4) to dismiss … Continue reading Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004

A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001

The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent … Continue reading Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001

Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another: PC 13 Jun 2013

(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and conspiracy. The action was discontinued when evidence was provided to support the payments, and the first instance court supported … Continue reading Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another: PC 13 Jun 2013

Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

The minimum approriate sentence for an offence of s18 wounding was 4 years. Judges: Lord Bingham Citations: [1996] EWCA Crim 1070, [1997] 1 Cr App R (S) 363 Links: Bailii Statutes: Offences Against the Persons Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney-General’s Reference No 88 of 2000 CACD 2001 The … Continue reading Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

BM, Regina v: CACD 22 Mar 2018

The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault. Held: The appeal failed: ‘we can see no good reason why body modification should be placed in a special category of exemption from the general rule that the … Continue reading BM, Regina v: CACD 22 Mar 2018

Williamson, Regina v: CACD 7 Feb 2019

AG’s appeal against sentence of 4 years for wounding with intent as unduly lenient Citations: [2019] EWCA Crim 259 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 May 2022; Ref: scu.634205

Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

Regina v Lahaye: CACD 12 Oct 2005

The defendant had faced only an indictment alleging a malcious wounding charge under s18. The judge had left to the jury the alternative of a conviction for the lesser s20 offence. Held: The lesser charge should normally be included on the indictment expressly, but the judge had nevertheless been correct to leave the alternative to … Continue reading Regina v Lahaye: CACD 12 Oct 2005

Attorney-General’s Reference No 88 of 2000: CACD 2001

The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation. Held: The section 18 offence should have attracted a sentence of four years after a trial. Citations: [2001] EWCA Crim 68 Statutes: Offences Against the Persons Act 1861 818 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference … Continue reading Attorney-General’s Reference No 88 of 2000: CACD 2001

Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016

Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016

Regina v Hodgson, Regina v Pollin: CACD 8 Apr 2008

The defendants had been accused of attempted murder. Negotiations led to an agreed lesser charge of inflicting grievous bodily harm, but the charge was misstated by not including the allegation of intent. They now appealed. Held: The appeal failed. ‘It might well be that, at least in some offences, it was desirable practice to state … Continue reading Regina v Hodgson, Regina v Pollin: CACD 8 Apr 2008

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

Director of Public Prosecutions v Smith (Michael): QBD 17 Jan 2006

The prosecutor appealed by way of case stated the dismissal of a charge of assault against the defendant. He was said to have cut off the pony tail of his former girlfriend without her consent. Held: The lopping of hair without consent can constitute actual bodily harm. The appeal was allowed. Judges: Sir Igor Judge, … Continue reading Director of Public Prosecutions v Smith (Michael): QBD 17 Jan 2006

Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

Maybin, Regina v: CANI 18 Feb 2021

Judges: Treacy LJ , Maguire LJ and Mcfarland J Citations: [2021] NICA 12 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: Northern Ireland Northern Ireland Updated: 05 April 2022; Ref: scu.667476

Simms v Conlon and Another: CA 20 Dec 2006

Solicitors within a practice sued each other, and one wished to plead the fact of a finding of professional misconduct. Held: The defendant’s appeal succeeded. It was not an abuse for the appellant to continue to assert his innocence, and the findings were not admissible as a whole. Prospective partners were under a duty to … Continue reading Simms v Conlon and Another: CA 20 Dec 2006

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a demand. An assertion of a formal right was required. A … Continue reading Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015

The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At the instigation of a newspapers, two women had attended clinics … Continue reading Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015

Regina v Elrington: 9 Nov 1861

The appellant’s co-accused had been summarily tried and acquitted of common assault. The accused was subsequently indicted on the same facts for assault causing grievous bodily harm and assault causing actual bodily harm. The accused demurred. Held: The demurrer was upheld, and the case could not proceed. By virtue of sections 28 and 29 of … Continue reading Regina v Elrington: 9 Nov 1861

Kallon v First Tier Tribunal (Sec) (Criminal Injuries): CA 15 Jul 2015

Oral renewal of an application for permission to appeal who claimed that he had been injured in a crime of violence, namely an assault occasioning actual bodily harm, contrary to section 20 of the Offences Against the Person Act 1861. Longmore LJ [2015] EWCA Civ 1099 Bailii England and Wales Personal Injury Updated: 07 January … Continue reading Kallon v First Tier Tribunal (Sec) (Criminal Injuries): CA 15 Jul 2015

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

CA (A Minor) v Public Prosecution Service: QBNI 9 Sep 2013

The applicant was aged 17 and is the subject of an allegation of having inflicted grievous bodily harm contrary to Section 20 of the Offences against the Person Act 1861. She now challenged the Public Prosecution Service conclusion that the allegation is not suitable for diversionary disposal as an alternative to prosecution as provided for … Continue reading CA (A Minor) v Public Prosecution Service: QBNI 9 Sep 2013

Lundy, Regina v: CACD 4 Nov 2021

Lord Justice Popplewell, Mr Justice Spencer, His Honour Judge Kearl QC Recorder of Leeds [2021] EWCA Crim 1922 Bailii Offences Against the Person Act 1861 18, Assaults on Emergency Workers (Offences) Act 2018 1 England and Wales Criminal Sentencing Updated: 25 December 2021; Ref: scu.670486

CA v Public Prosecution Service (No 2): QBNI 2 Apr 2014

The applicant is the subject of an allegation of having inflicted grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 (‘OAPA’). The allegations relate to an incident that occurred in 2012 when she was 16. During the course of 2013 she challenged a Public Prosecution Service (‘PPS’) conclusion that … Continue reading CA v Public Prosecution Service (No 2): QBNI 2 Apr 2014

Ashworth v Stanwix and Walker: 23 Feb 1861

The principle that a servant sustaining an injury from the negligence of a fellow servant while engaged in the common employment cannot recover in an action against the common master, does not exempt from liability to action a master who himself takes part in the servant’s work, and whilst so doing injures the servant through … Continue reading Ashworth v Stanwix and Walker: 23 Feb 1861

Golding, Regina v: CACD 8 May 2014

The defendant appealed against his conviction on a guilty plea, of inflicting grievous bodily harm under section 20. He suffered genital herpes, but had unprotected sex and acknowledged acting recklessly. He said that the prosecution had failed to follow CPS guidelines, that his solicitor had failed to challenge that failure, and that the infection did … Continue reading Golding, Regina v: CACD 8 May 2014

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Shirley, Regina v: CACD 8 Nov 2013

The defendant had been convicted of several very serious sexual and physical assaults and rapes. He appealed against his conviction, saying that the judge had not fairly represented his defence to the jury. He said that the complainant had been raped, before and had suffered mental health issues, and that her evidence was inconsistent. [2013] … Continue reading Shirley, Regina v: CACD 8 Nov 2013

Press and Another v Regina: CACD 24 Oct 2013

Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to what extent expert evidence of the Thompson’s post-traumatic stress disorder was relevant to their consideration … Continue reading Press and Another v Regina: CACD 24 Oct 2013

Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Commission for New Towns and Another v JJ Gallagher Ltd: ChD 16 Dec 2002

Where a conveyance did not expressly include an adjoining road, there was no statutory presumption which would lead to its inclusion. Held: The section referred to incorporeal rights, easements and similar, and not to land itself. The Act did not operate so as to include the roadway. The Berridge case referred to cases where the … Continue reading Commission for New Towns and Another v JJ Gallagher Ltd: ChD 16 Dec 2002

Jones v First Tier Tribunal and Another: SC 17 Apr 2013

The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 2013

Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010

The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now sought disclosure of documents from the defendants, including from the police investigation. Other … Continue reading Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

Regina v Barnes: CACD 21 Dec 2004

The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player. Held: There was surprisingly little authority on when it was appropriate to commence proceedings after an assault during a sporting event. The starting point must be to recognise that sports … Continue reading Regina v Barnes: CACD 21 Dec 2004

Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011

Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011

Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber): CA 3 Feb 2014

The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now appealed against a reversal of that decision. Held: The appeal … Continue reading Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber): CA 3 Feb 2014

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

Chinn, Regina v: CACD 15 Mar 2012

The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly. Held: The appeal failed. Aikens LJ said ‘in order to work out the precise scope of section 120(5) … Continue reading Chinn, Regina v: CACD 15 Mar 2012

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: CA 1 May 2020

Only Limited Ownership of pond fish BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or animals domitae naturae. Held: The appeal was … Continue reading Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: CA 1 May 2020

Docherty, Regina v: CACD 18 Jun 2014

The defendant appealed against his sentence to a term of imprisonment for public protection on his admission of wounding with intent. The sentencing system applied was replaced on the day following sentencing, and he said that the court should have applied the principle of lex mitior. Held: The appeal failed: ‘there was no fault in … Continue reading Docherty, Regina v: CACD 18 Jun 2014

Rawstron and Another (Executrices of The Estate of Lucian Freud) v Freud: ChD 30 Jul 2014

The court considered the construction of a point in the deceased’s will. The clause said: ‘I GIVE all the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have a general power of appointment to the said Diana Mary Rawstron … Continue reading Rawstron and Another (Executrices of The Estate of Lucian Freud) v Freud: ChD 30 Jul 2014

Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Firth v Epping Magistrates Court: Admn 3 Feb 2011

The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011