Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Appeal from sentence of 5 years for possession of firearm with a barrel less than 30 centimetres in length, contrary to section 5 of the Firearms Act 1968. Citations: [2009] EWCA Crim 2600 Links: Bailii Statutes: Firearms Act 1968 5 Jurisdiction: England and Wales Criminal Sentencing Updated: 10 June 2022; Ref: scu.430817
A transport examiner investigating compliance with the drivers hours regulations was allowed to remove records from an office for examination, and a company refusing him to be allowed to do that committed an offence. Where removal was necessary, whether because of the number of documents or the absence of adequate copying facilities, an examiner must … Continue reading Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 22 Nov 2001
Appeal as unduly lenient from sentence of five months imprisonment of possessing an imitation firearm with intent to cause fear of violence. Citations: [2017] EWCA Crim 2305 Links: Bailii Statutes: Firearms Act 1968 16A Jurisdiction: England and Wales Criminal Sentencing Updated: 28 May 2022; Ref: scu.625550
Lord Parker CJ defined ‘attempt’ in criminal law: ‘What amounts to an attempt has been described variously in the authorities, and for my part I prefer to adopt the definition given in Stephen’s Digest of the Criminal Law, 5th Ed. (1894) art. 50, where it says that: ‘An attempt to commit a crime is an … Continue reading Davey v Lee: 1968
Appellants were reminded of the courts powers to make a loss of time order in the case of inappropriate appeals against sentence. Citations: [1980] 1 WLR 270 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Cited by: Cited – Regina v Kuimba CACD 12-Apr-2005 In dismissing the defendant’s appeal, the court expressed the … Continue reading Practice Direction (Crime: Sentence: Loss of Time): 1980
The appellant died pending his appeal being heard and his widow wished to pursue a challenge to the order for payment of prosecution costs. Held: The powers of the court were derived from statute and did not permit such a course.Widgery LJ said: ‘We take it to be a general principle that whenever a party … Continue reading Regina v Jefferies: 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by agreement with one of its number or more diversely, the law regards such conduct … Continue reading Regina v Grimes: CACD 1968
The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from a pblic meeting before it began, and was accused of having kicked … Continue reading Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994
The defendant was an accountant in the office and place of receiver and paymaster general. The court was asked whether he held a public office. Held: A man who holds a public office is answerable criminally to the king for misbehaviour in that office, especially if he is paid.Lord Mansfield said ‘Here there are two … Continue reading Rex v Bembridge: 1783
Application for leave was not itself an appeal. The court considered what was meant by ‘substantial injustice’ after conviction after refusal of leave to appeal. Held: The challenges failed. The court did not have jurisdiction to make the order sought. The section dealt with an appeal from any decision of the Court of appeal on … Continue reading Garwood and Others, Regina v: CACD 22 Feb 2017
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of attempting the impossible, since the goods were no longer stolen, having returned to … Continue reading Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
Psychological Obstruction to Public Footpath A public footpath crossed the appellants’ land. They constructed a gateway across it which they now accepted had been a significant obstruction of the right of way. The local authority served a notice requiring its removal, including the stone pillars erected on the path. After a failure to comply the … Continue reading Herrick and Another v Kidner and Another: Admn 17 Feb 2010
Defendant’s death stops trial immediately At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again on the following day. Overnight, … Continue reading Turk (Deceased) v Regina: CACD 6 Apr 2017
The Registrar of a County Court was convicted of offences of misconduct in public office. The indictment charged ‘misbehaviour in a public office, contrary to common law’ and alleged that court orders had been made ‘with the intention of gaining . .
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the . .
References: (1968) 52 Cr App R 700, [1969] 1 QB 439, [1968] 3 All ER 442, [1968] EWHC 1 (QB) Links: Bailii Coram: The LCJ, James J, Bridge J (dissenting) Ratio: The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s … Continue reading Fagan v Metropolitan Commissioner; 31 Jul 1968
References: [1968] RVR 490, [1968] EWCA Civ 5, [1968] 3 All ER 304, [1968] 3 WLR 694, (1968) 19 P & CR 856, [1969] 1 QB 577 Links: Bailii Coram: Lord Denning MR, Danckwerts LJ, Edmund Davies LJ Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon; 11 Jul 1968
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The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice. A … Continue reading Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2): QBD 29 Nov 1994
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to . .
The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the appellant. There had been several earlier appeals. The appellant now said that the … Continue reading Regina v Stock: CACD 8 Aug 2008
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited. Held: The evidence was not sufficiently contemporaneous to put doubt on the officers’ evidence and the … Continue reading Deans, Regina v: CACD 30 Jul 2004
The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically. Held: The judge was correct. Counsel was wrong to concentrate on the mens … Continue reading Atkinson v Regina: CACD 7 Nov 2003
The defendant was attacked by his victim, and he hit his victim in the face. He was charged with wounding with intent to do grievous bodily harm with an alternative of unlawful wounding also open to the jury. The judge gave no direction on the meaning of ‘maliciously’ and the jury convicted under section 20. … Continue reading Regina v Mowatt: CACD 20 Jun 1967
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 defendants appealed against their convictions for murder. They alleged that the police record of an interview central to the cases had been falsified. Held: To allow an appeal the court must conclude that the conviction is unsafe. The evidence at trial was that the record was accurate and contemporaneous, but that now appeared to … Continue reading Regina v Maynard, Dudley etc: CACD 31 Jul 2002
The defendant had been convicted of various offences of violence but then was then to be held in a secure mental hospital. A place was not available, and an order only became available some nine months later, at which time, he argued that the order was no longer appropriate. In the meantime the defendant had … Continue reading Plinio Galfetti v Regina: CACD 31 Jul 2002
The function of the Director’s office is statutory, and his powers are those laid down. He is not able to excuse possible criminal conduct in advance, and nor could he establish a policy of not applying certain statutory provisions. The Suicide Act could not be re-interpreted in the light of the Human Rights Act to … Continue reading Regina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners: Admn 18 Oct 2001
Europa 1. A claim for compensation for loss to an individual resulting from a criminal offence, even though made in the context of criminal proceedings, is civil in nature unless the person against whom it is made is to be regarded as a public authority which acted in the exercise of its powers. That is … Continue reading Sonntag v Waidmann, Waidmann and Waidmann: ECJ 21 Apr 1993
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. Held: The court had jurisdiction. An Order in Council banishing British citizens from their home island was unlawful. … Continue reading Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000
The appellant appealed her conviction for grievous bodily harm, presenting the evidence of two new witnesses. The new evidence was direct eye witness evidence of self defence. Held: The new evidence fell within the requirements of the 1968 Act and was admissible on an appeal. The evidence went direct as to the central issues, and … Continue reading Nowell, Regina v: CACD 27 Nov 2002
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
K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992
A defendant was not to be asked about any previous convictions, unless he had ‘lost his shield’ and incurred liability to such cross-examination by putting his own character in issue, either by putting questions or giving evidence with a view to establish his good character or if he attacked the character of the prosecution witnesses. … Continue reading Regina v Selvey: HL 1970
The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way. Held: The arraignment could … Continue reading Regina v Jones (Paull Garfield): CACD 8 Oct 2002
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong Kong was justiciable in Hong Kong although no overt act in pursuance of that conspiracy … Continue reading Somchai Liangsiriprasert v Government of the United States of America: PC 1991
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
In dismissing the defendant’s appeal, the court expressed the view that the Appeal court should be more ready to use the powers given to deter hopeless appeals by ordering that while such applications were being processed, time spent in custody should not be credited as part of the sentence. Loss of time orders had been … Continue reading Regina v Kuimba: CACD 12 Apr 2005
The alleged false trade description was that a car supplied to a garage was ‘new’, as ordered from Fords. Held: (Appeal allowed on other grounds) The effect of the order was that Parkway was seeking the supply from Fords of a ‘new vehicle’. The car that was supplied had in fact earlier been damaged whilst … Continue reading Regina v Ford Motor Company Limited: QBD 1974
The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an administrative error the renewed application was listed, heard and dismissed on 14 June 1976 without … Continue reading Regina v Daniel: CACD 1977
The defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The … Continue reading Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002
The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had asked him if he had any sharps on him and he had denied … Continue reading Director of Public Prosecutions v Santa-Bermudez: Admn 13 Nov 2003
Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct … Continue reading In re Smalley: HL 1985
Medical evidence available at the time of the trial of the defendant for murder had been against diminished responsibility but there was said to be fresh evidence in favour of it now available for the appeal. Held: ‘In the view of this Court, cases must be rare indeed when the defence have chosen to run … Continue reading Regina v Dodd: CACD 10 Jun 1971
The court considered when a judge should allow a defendant to withdraw a plea of guilty: ‘only rarely would it be appropriate for the trial judge to exercise his undoubted discretion in favour of an accused person wishing to change an unequivocal plea of guilty to one of not guilty. Particularly this is so in … Continue reading Regina v Drew: CACD 1985
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
An appeal lapses with the death of the appellant even though others may be affected. A statutory right of appeal is a personal right and does not survive the applicant.Rights of appeal die with appellant even after remission by House of Lords. Judges: Lord Jauncey Citations: Independent 19-Jul-1994, Times 21-Jul-1994, Gazette 12-Oct-1994, (1994) 99 Cr … Continue reading Regina v Kearley (Dec, by his Agent Brian Sharman) (Number 2): HL 21 Jul 1994
A local County Council asked for tenders for meat. It specified the maximum depth of subcutaneous fat of pork. A school cook ordered pork without making any reference to the depth of the fat. A quantity of pork was thereafter delivered. The pork did not meet the specifications. The Appellant meat suppliers were convicted of … Continue reading Louis C Edwards (Manchester) Limited v Charles Miller: CA 1981
Constitutional Status of Chanel Islands considered The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the United Kingdom and the Bailiwicks of Guernsey and … Continue reading Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The defendant appealed his conviction which had been obtained but based upon the evidence of a ‘super-grass’. His appeal failed, but the witness then withdrew his evidence. The matter was referred back to the court under the section, which then refused to hear on issues not mentioned in the referral. Held: The Court of Appeal, … Continue reading Regina v Chard: HL 1983
The defendant appealed his conviction for murder wishing to bring in evidence of his diminished responsibility at the time of the offence. Held: The evidence was admitted, but the conviction was upheld. The court took the opportunity to give guidance on the admission of new medical evidence procedures in court of appeal with new Act. … Continue reading Regina v Jones (Steven Martin): CACD 23 Jul 1996
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Appeal against conviction (in 2003) after release of undisclosed material helpful to the defendant, including an eye witness decsription incompatible with the defendant. Held: The court considered the developing issues as to compatibility questions and devolution appeals. The case having already been cnsidered fully by the High Court o Justice inEdinburgh, the present courts jurusdiction … Continue reading Macklin v Her Majesty’s Advocate (Scotland): SC 16 Dec 2015
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
Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016
In the course of a theft, the defendant had held his fingers in his pocket so as to suggest that he had a gun. He appealed conviction for possessing an imitation firearm. Held: ‘Rules of statutory construction have a valuable role when the meaning of a statutory provision is doubtful, but none where, as here, … Continue reading Bentham, Regina v: HL 10 Mar 2005
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably reduced its value. The trustees sought clarification of their duties. … Continue reading Hunt and Another v McLaren and others: ChD 4 Oct 2006
Appeal against sentence of four years’ imprisonment for being in possession of a prohibited firearm contrary to section 5(1)(aba) of the Firearms Act 1968 and to nine months’ concurrent for being in breach of a suspended sentence order under which he had been sentenced to 12 months’ imprisonment suspended for 18 months. He had attempted … Continue reading Burton, Regina v: CACD 12 Jul 2012
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
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
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
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Non-approval didn’t devalue fingerprints The court was asked: ‘what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, when such approval has never been given? In particular, is any … Continue reading Public Prosecution Service v McKee: SC 22 May 2013
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006
The claimant sought recovery of his substantial winnings from the defendant gaming club. The club had resisted saying that the methods used by the claimant at cards, called, ‘edge sorting’ was a form of cheating, a criminal offence within the section, and that therefore no claim arose. Held: The claimant’s appeal failed (Sharp LJ dissenting) … Continue reading Ivey v Genting Casinos UK Ltd (T/A Crockfords Club): CA 4 Nov 2016
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of the power limited the power of seizure and removal to things ‘which … Continue reading Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no jurisdiction to try them because of parliamentary privilege. Held: The appeals were dismissed. Neither Article 9 … Continue reading Chaytor and Others, Regina v: SC 1 Dec 2010
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
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
The House was asked whether the Magistrates had properly dismissed a charge of membership of an unlawful organisation, namely a Republican club. The Magistrates had found that an unlawful club would only be such if it supported the absorption of Northern Ireland into the Irish Republic. The Regulations were challanged as ultra vires to the … Continue reading McEldowney v Forde: HL 18 Jun 1969
