The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
The appeals concerned convictions from 1990 which had been challenged before, and following decisions in the European Court of Human Rights. It was alleged that certain information had been known to the prosecution, but not disclosed to them. The case concerned arrangements to boost share prices in connection with promoting a company take over. The … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: CACD 21 Dec 2001
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The claimant appealed the strike-out of his claim for professional negligence against the respondent solicitors. He claimed that the solicitors had acted in breach of their duty, and he then called a company meeting. Only he attended. He mistakenly believed that he had the power to assign to himself from the company the right of … Continue reading Smith v Henniker-Major and Co: CA 22 Jul 2002