Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
Directors of the Standard Bank in Nigeria appealed from a conviction for false accounting. They had appealed to the West African Court of Appeal who said referring to the difference between civil and criminal appeals: ‘This difference has been pointed out by this court times without number and so we have no sympathy for any … Continue reading Aladesuru v The Queen: PC 1956
Where the trial judge has warned the jury not to act upon the objectionable evidence, the Court of Criminal Appeal under the similar words of the Act, may refuse to interfere, if it thinks that the jury, giving heed to that warning, would have returned the same verdict Citations: (1910) 2 KB 501 Statutes: Criminal … Continue reading Rex v Norton: 1910
A judge should not put himself in the position of the jury as regards the decision of facts and that the proviso to the section would not apply where the judge decided facts instead of the jury. Judges: Lawrance J Citations: (1910) 4 Cr App R 179 Statutes: Criminal Appeal Act 1907 491) Jurisdiction: England … Continue reading Regina v West: 1910
It was quite unnecessary for a trial judge faced with issues about the quality or probative value of identification evidence to hold a trial-within-a-trial. The normal procedure was that laid down in Turnbull, where the court ‘made it abundantly clear that, where evidence of identification is such that it would be unsafe for a jury … Continue reading Regina v Flemming: CACD 1986
The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech. Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which that speech might have had on the jury’s determination of the issues in relation to fact which arose, … Continue reading Regina v Mondon: CACD 1968
The House is not bound on an appeal brought pursuant to a certificate granted under section 1(6) of the 1907 Act to limit the appeal to the certified point. Lord Atkin discussed the 1907 Act: ‘I mention the section in order to support the view that whatever be the point of law upon which the … Continue reading Milne and Others v Commissioner of Police for City of London: HL 1940
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
The claimant had been very severely injured as a passenger in a car (uninsured) which had attempted an overtaking manouvre past three cars. One pulled out, and the car in which he was a passenger swerved off the road and crashed. Damages were now sought against the car which had pulled out. A settlement had … Continue reading Davies v Forrett and Others: QBD 23 Jun 2015
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible. Held: The appeal was dismissed. The claimant did not have an interest in the injured party’s claim of a kind … Continue reading Simpson v Norfolk and Norwich University Hospital NHS Trust: CA 12 Oct 2011
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank. Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly pleaded, and the bank knew the case it had to answer. The issue of … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England: HL 18 May 2000
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
The court considered its ability to substitute a conviction for a lesser offence on appeal after finding the conviction unsafe.
Held: ‘the jurisdiction of this court does not depend upon whether the judge did in fact sum up on the alternative . .
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
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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
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