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Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

Raymond v Honey: HL 4 Mar 1981

The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order . .

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 v Havant Justices ex parte Palmer: QBD 1985

Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and convicted of a contempt, then sought to appeal. The crown court declined jurisdiction. He then sought … Continue reading Regina v Havant Justices ex parte Palmer: QBD 1985

JSC BTA Bank v Solodchenko and Others: CA 28 Oct 2011

The defendant appealed against a sentenced for contempt of court. He said that the sentence should have been at worst an order for costs. He had been chairman of the claimant bank, and stood accused of fraud. Held: In some cases the sanction provides an incentive for belated compliance, because the contemnor may seek a … Continue reading JSC BTA Bank v Solodchenko and Others: CA 28 Oct 2011

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003

The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person. Held: The court was able to make the order sought against … Continue reading Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003

JSC BTA Bank v Ablyazov: SC 21 Oct 2015

The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent amounting in all to US$4.4 billion, none of which had been satisfied. The bank appealed … Continue reading JSC BTA Bank v Ablyazov: SC 21 Oct 2015

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

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 (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

James, Regina (on The Application of) v HM Prison Birmingham and Others: CA 9 Feb 2015

The court considered the treatment of time on remand by those who have been arrested under section 43 of the 2009 Act for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court … Continue reading James, Regina (on The Application of) v HM Prison Birmingham and Others: CA 9 Feb 2015

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

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

Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 23 Aug 2013

‘This case concerns the exercise of the extensive powers under Schedule 7 to the Terrorism Act 2000 and the detention of material in the possession of a person assisting a journalist and possibly identifying journalistic sources. The protection of journalistic sources has been stated to be of vital importance to press freedom, both in our … Continue reading Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 23 Aug 2013

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

Home Office v Hariette Harman: HL 11 Feb 1982

The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Crofter Hand Woven Harris Tweed Company Limited v Veitch: HL 15 Dec 1941

The plaintiffs sought an interdict against the respondents, a dockers’ union, who sought to impose an embargo on their tweeds as they passed through the port of Stornoway. Held: A trade embargo was not tortious because the predominant purpose of the conspirators was to protect their own interests, not to damage those of the plaintiffs. … Continue reading Crofter Hand Woven Harris Tweed Company Limited v Veitch: HL 15 Dec 1941

Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009

The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court as closed material, not to be seen by the claimants. Held: The court could make such … Continue reading Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009

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

Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007

The court made a section 11 order to prevent the publication of the identity of a woman who was due to be the principal witness at the trial of a person charged with having recklessly infected her with HIV. There was evidence before the court that the woman’s mental health would be endangered if her … Continue reading Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007

Regina v Young (Stephen): CACD 30 Dec 1994

Jury Consulting Ouija Board – Serious Irregularity It had been suggested that during their overnight stay in a hotel after retiring to consider their verdict, some of the jurors had consultated an ouija board to consult with the deceased, and to ask him who had been his killer. Having believed that contact had been made, … Continue reading Regina v Young (Stephen): CACD 30 Dec 1994

Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002

Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002

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

Scott v Scott: HL 5 May 1913

Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913

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

A v Independent News and Media Ltd and Others: CA 31 Mar 2010

The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010

HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun ran stories which were so vivid that the Attorney-General said, they … Continue reading HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

HM Attorney General v Seckerson and Times Newspapers Ltd: Admn 13 May 2009

The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent of disclosure required to amount to an offence. Held: There was no place for … Continue reading HM Attorney General v Seckerson and Times Newspapers Ltd: Admn 13 May 2009

Attorney General v Fraill and Another: CACD 16 Jun 2011

Juror’s use of Facebook was contempt The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet. Held: Both juror and defendant in the trial had committed contempt of court and were sentenced accordingly. The defendant juror said that … Continue reading Attorney General v Fraill and Another: CACD 16 Jun 2011

Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

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

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

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020

Wrongful Transmission of Distanced Hearing In a defamation case, the solicitors representing one party had live streamed a video of a defamation trial to several individuals outside the jurisdiction without the Court’s permission. The trial took place during the Coronavirus pandemic, and conducted at a distance. There had been discussions between the judge and solicitors … Continue reading Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020

Regina v Metcalf, Denton, Foster: 26 May 2021

Public Inquiry Not Course of Justice (Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police officers to be used before a public enquiry into the … Continue reading Regina v Metcalf, Denton, Foster: 26 May 2021

Slade v Slade: CA 17 Jul 2009

Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009

Anonymity Orders

The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders