Appeal Under Section 74 of The Criminal Procedure (Scotland) Act 1995 By CH v Her Majesty’s Advocate: HCJ 13 Oct 2020
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Search Results for: Criminal Appeal Act 1995 13
Ex parte Crook: CA 1995
A criminal court trying parents for the manslaughter of one child and cruelty to three others had made an order under section 39 prohibiting the identification of the surviving children. The judge expressed the view that identifying the parents or the dead child would lead to the identification of the surviving children. Two journalists appealed. … Continue reading Ex parte Crook: CA 1995
Regina v Central Criminal Court Ex Parte Guney: CA 2 Feb 1995
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a … Continue reading Regina v Central Criminal Court Ex Parte Guney: CA 2 Feb 1995
Regina v Criminal Cases Review Commission ex parte Pearson: 1999
The applicant was convicted of murder and her application for leave to appeal against conviction was dismissed. She later asked that her case be referred to the court of appeal on the ground of diminished responsibility, a ground not put forward earlier but now supported by a psychiatric report. In due course her case was … Continue reading Regina v Criminal Cases Review Commission ex parte Pearson: 1999
Cleeland v Criminal Cases Review Commission: Admn 19 Feb 2009
Challenge to refusal of respondent to refer the claimant’s conviction of murder back to court. Citations: [2009] EWHC 474 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 13 Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324653
Robinson v Adair: QBD 2 Mar 1995
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
Regina v Paul Alexander Cleeland: CACD 13 Feb 2002
The applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal. Held: Following Pendleton, the sole criterion is what the appeal court felt about the safety … Continue reading Regina v Paul Alexander Cleeland: CACD 13 Feb 2002
Regina v Pendleton: HL 13 Dec 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
Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
London Borough of Harrow v Cunningham: EAT 2 Nov 1995
The council appealed a finding that the claimant had been unfairly dismissed. He worked in the Cleansing Department, but took on additional private work in refuge disposal in breach of his contract. A co-worker who had done the same was not dismissed because of his exemplary record. Held: The appeal succeeded. The tribunal, when considering … Continue reading London Borough of Harrow v Cunningham: EAT 2 Nov 1995
O’Neill v The United Kingdom: ECHR 13 Nov 2012
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
Practice Direction 13 Feb 1995 – Appeals: CA 22 Mar 1995
Amendments to practice on appeals to Court of Appeal Civil and Criminal Divisions. Citations: Gazette 22-Mar-1995 Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.84913
Regina v Cox: CACD 12 Apr 1995
The proviso may be applied by the Court of Appeal despite the Judge’s failure to leave the issue of provocation with the jury. As a matter of law, the court in an appropriate case might apply the proviso to section 2(1) of the Criminal Appeal Act 1968, where there had been a misdirection by a … Continue reading Regina v Cox: CACD 12 Apr 1995
Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and other failures. Judges: Lord Justice Aldous, Lord Justice Chadwick, Mr Justice Munby Citations: Times 20-Feb-2003, … Continue reading Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003
Regina v Makanjuola: CACD 17 May 1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a lesser direction if he chooses. In this case there was … Continue reading Regina v Makanjuola: CACD 17 May 1995
Regina v Leaney: CACD 3 May 1995
The Court of Appeal may not review a minimum period recommendation for murderer despite excess. Citations: Gazette 03-May-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87136
Regina v Leaney: CACD 12 Apr 1995
Court of Appeal doubts wisdom of present rules for minimum sentences for mandatory life sentence. Citations: Times 12-Apr-1995 Statutes: Criminal Appeal Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87137
Regina v Leaney: CACD 11 Apr 1995
The Court of Appeal is unable to interfere with Judge’s recommended minimum for a lifer, even though it may recommend a change. Citations: Independent 11-Apr-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87138
Regina v Cowan and Another: CACD 12 Oct 1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court. Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof remains upon the prosecution throughout and what the required standard … Continue reading Regina v Cowan and Another: CACD 12 Oct 1995
Regina v Cox (Andrew Mark): CACD 12 Apr 1995
The Court of Appeal has the power to apply the proviso preserving a conviction despite the failure of the judge at trial to mention the defence of provocation. Judges: Glidewell LJ Citations: Times 12-Apr-1995, [1995] 2 Cr App R 513 Statutes: Criminal Appeal Act 1968 2(1) Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading Regina v Cox (Andrew Mark): CACD 12 Apr 1995
Longden v British Coal Corporation: HL 13 Mar 1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
Regina v Moore and others: CACD 9 Feb 1995
Citations: Unreported, 9 February 1995 Jurisdiction: England and Wales Cited by: Cited – Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French CACD 13-Jun-2001 The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might … Continue reading Regina v Moore and others: CACD 9 Feb 1995
Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017
Gordon, Re Judicial Review: SCS 24 Jan 2013
Judicial Review of a decision of the Scottish Criminal Cases Review Commission not to refer his case to the High Court in terms of section 194B of the Criminal Procedure (Scotland) Act 1995. Held: The application was refused.As to the failure of the defendant to deny what he told the police: ‘[I]t was clearly relevant … Continue reading Gordon, Re Judicial Review: SCS 24 Jan 2013
Gordon, for Judicial Review: SCS 29 Nov 2013
(Extra Division, Inner House) Challenge to refusal of order for review of failure of the Scottish Criminal Cases Review Commission to refer the reclaimer’s case to the High Court. Held: Appeal refused. Citations: [2013] CSIH 101, [2013] ScotCS CSIH – 101 Links: Bailii Statutes: Criminal Procedure (Scotland) Act 1995 Jurisdiction: Scotland Citing: See Also – … Continue reading Gordon, for Judicial Review: SCS 29 Nov 2013
Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008
The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment. Judges: Pill LJ, King J Citations: [2008] EWHC 2389 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 Jurisdiction: England and Wales Administrative, … Continue reading Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008
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
Osbourne, Regina v: CACD 13 Mar 2007
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said … Continue reading Osbourne, Regina v: CACD 13 Mar 2007
Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003
The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal. Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious … Continue reading Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003
Regina v Pope (Criminal): HL 20 Jun 2002
The Magistrates committed the defendant to the Crown Court for sentence. In addition to other sentences the Crown Court imposed a confiscation order. The defendant succeeded in an appeal to the Court of Appeal, and the Crown now appealed. Held: The Crown Court had full power to make such an order. There had been no … Continue reading Regina v Pope (Criminal): HL 20 Jun 2002
Bryan v The United Kingdom: ECHR 22 Nov 1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000
For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. … Continue reading Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000
Rupert Crosdale v The Queen: PC 6 Apr 1995
(Jamaica) A court’s insistence that a submission of no case to answer must be made in the presence of jury was unfair. When considering submissions of no case to answer, the judge should invite the jury to retire and, if he decided to reject the plea, he should say nothing to the jury about it. … Continue reading Rupert Crosdale v The Queen: PC 6 Apr 1995
Core Issues Trust v Transport for London: Admn 22 Mar 2013
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
Regina v Aziz; Regina v Tosun; Regina v Yorganci: HL 16 Jun 1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their credibility. The appeals were upheld, and the crown in turn appealed. Held: … Continue reading Regina v Aziz; Regina v Tosun; Regina v Yorganci: HL 16 Jun 1995
West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995
It was alleged that the maximum permitted front axle weight of the vehicle in question was exceeded. The court was asked what were the circimstances defing a ‘user’ of a motor vehicle in prosecutions for use of the vehicle. Held: ‘The so-called narrow approach to the meaning of the word ‘use’ or ‘uses’ where it … Continue reading West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995
Regina v Fulcher: CACD 1995
The previous non-accidental injuries sustained by the baby whom F was alleged to have murdered were relevant to show not only that the child, being in pain, was more likely to be fractious, but also how F was likely to react to the child crying. The court expressly disclaimed the suggestion that the evidence was … Continue reading Regina v Fulcher: CACD 1995
Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
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
Meridian Global Funds Management Asia Ltd v Securities Commission: PC 26 Jun 1995
(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief investment officer improperly acquired such investments on the company’s behalf. The former … Continue reading Meridian Global Funds Management Asia Ltd v Securities Commission: PC 26 Jun 1995
Percy v Director of Public Prosecutions: QBD 13 Dec 1994
A woman protester repeatedly climbed over the perimeter fencing into a military base. Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious penal consequence without any intervening stage. The threat of imprisonment was no doubt … Continue reading Percy v Director of Public Prosecutions: QBD 13 Dec 1994
Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995
Regina v Stafford Crown Court Ex Parte Reid and Another: QBD 13 Mar 1995
A Crown Court Judge need not give reasons for his refusing leave to appeal out of time. Citations: Ind Summary 13-Mar-1995 Statutes: Crown Court Rules 1982 7 Jurisdiction: England and Wales Criminal Practice Updated: 07 April 2022; Ref: scu.88108
The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
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 Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001
The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might be admitted. The prosecutor said there was no right of appeal. Held: (publication having been held back) Since the issues would have been heard in the absence of the … Continue reading Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001
Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. In the mental health context, if someone is to be taken out of the community … Continue reading In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995
Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016
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
Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Collins v Her Majesty’s Advocate: HCJ 19 Dec 2013
Note of appeal under section 65(8) of the 1995 Act against a decision of the sheriff granting two applications made under section 65(5) of the Act to extend retrospectively the periods of 11 and 12 months, referred to in section 65(1) of the Act, in relation to two petitions on which the appellant appeared in … Continue reading Collins v Her Majesty’s Advocate: HCJ 19 Dec 2013
Revill v Newbery: CA 2 Nov 1995
The defendant owned a shed on an allotment and slept there at night in order to protect his property from the attentions of vandals and thieves. Among other items in the shed the defendant, aged 76 at the time, kept a 12-bore shotgun and cartridges. One night the plaintiff and another man attempted to break … Continue reading Revill v Newbery: CA 2 Nov 1995
Radu v Germany (Legal Summary): ECHR 16 May 2013
ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of homicide and sentenced to eight and a half years’ imprisonment and placement in a psychiatric hospital on grounds of diminished responsibility. In making the order for the applicant’s placement, the … Continue reading Radu v Germany (Legal Summary): ECHR 16 May 2013
O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013
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
Seaton v Regina: CACD 13 Aug 2010
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said this amounted to an infringement of legal professional privilege. Held: Wilmot was not authority … Continue reading Seaton v Regina: CACD 13 Aug 2010
Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008
The claimant requested the revocation of a grant of probate to the defendant. They had suspicions about the will propounded and lodged a caveat which was warned off and the grant completed. In breach of court orders, the defendant had transferred substantial estate assets abroad. The defendant said that the burden of proving that the … Continue reading The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008
Regina v Pommell: CACD 16 May 1995
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. Held: The duress of circumstances defence can apply … Continue reading Regina v Pommell: CACD 16 May 1995
Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The claimants, whose members would have recourse to the scheme, sought an order that the Act should be … Continue reading Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995
Martin v Watson: HL 13 Jul 1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown Prosecution Service offered no evidence, and the charge was dismissed. He appealed against the … Continue reading Martin v Watson: HL 13 Jul 1995
Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
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
Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused. Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature of the thing, final and conclusive and without appeal, … Continue reading In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside. Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good law, but a child is not capable at law without the requisite … Continue reading C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995
Charleston and Another v News Group Newspapers Ltd and Another: HL 31 Mar 1995
The plaintiffs were actors playing Harold and Madge Bishop in the Australian soap series ‘Neighbours’. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual intercourse, with a headline ‘Strewth! What’s Harold up to with our Madge?’. The body of the article made … Continue reading Charleston and Another v News Group Newspapers Ltd and Another: HL 31 Mar 1995
Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law. Held: The decision was … Continue reading Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003
CMcL v Her Majesty’s Advocate: HCJ 28 Mar 2013
The defendant, accused of murder appealed against refusal of bail, denying the existence of a prima facie case against him. Held: Jie Lien was not authority for the proposition that a warrant can be suspended in the course of a bail appeal. That was a statutory procedure: ‘ It is, as it says, an appeal … Continue reading CMcL v Her Majesty’s Advocate: HCJ 28 Mar 2013
Aintree University Hospitals NHS Foundation Trust v James: SC 30 Oct 2013
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
Home Office v Tariq: SC 13 Jul 2011
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
Martin v Watson: HL 14 Jul 1995
References: Times 14-Jul-1995, Gazette 06-Sep-1995, Independent 19-Jul-1995, [1996] AC 74, [1995] 3 WLR 318, [1995] 3 All ER 559 Coram: Lord Keith of Kinkel Ratio The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and … Continue reading Martin v Watson: HL 14 Jul 1995
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
Poole and Mills v Regina: CACD 17 Jun 2003
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 critical aspects, and had threatened witnesses to avoid their attendance at court. Held: … Continue reading Poole and Mills v Regina: CACD 17 Jun 2003
Hunt v AB: CA 22 Oct 2009
The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison. Held: The claim failed. A complainant is not a prosecutor, and is not liable for the decision to prosecute. To become liable it has to be … Continue reading Hunt v AB: CA 22 Oct 2009
Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
Williams v The Queen: PC 23 Nov 1998
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished … Continue reading Williams v The Queen: PC 23 Nov 1998
Commissioner of Police v Caldwell: HL 19 Mar 1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might be people never crossed his mind. Setting aside his … Continue reading Commissioner of Police v Caldwell: HL 19 Mar 1981
Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
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
Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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
In the Estate of Cunigunda Crippen deceased: 1911
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911
Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
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 in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
Regina v Coutts: HL 19 Jul 2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
Re S (A Child): CA 10 Jul 2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
Rex v Ball: HL 1911
Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of evidence of ‘guilty passions’: ‘Surely in an ordinary prosecution for murder you … Continue reading Rex v Ball: HL 1911
Thomas, Regina v: CACD 26 Apr 2002
The hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder. Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the conviction. Section 9(2) of the 1995 Act provides that a conviction … Continue reading Thomas, Regina v: CACD 26 Apr 2002
Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
Gregory v Portsmouth City Council: CA 5 Nov 1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution. Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor. Judges: Simon … Continue reading Gregory v Portsmouth City Council: CA 5 Nov 1997
Regina v Shanks: CACD 19 Mar 2003
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
J v S T (Formerly J): CA 21 Nov 1996
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
Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
Regina v Kellard, Dwyer, Wright: CACD 5 Aug 1994
Appeal on a multiplicity of issues from convictions recorded in the course of a trial which lasted about a year. Held: In large fraud trials, the prosecution should consider severance of the indictment to shorten the length of individual trials, but the length of a trial was not an appeal ground unless it had made … Continue reading Regina v Kellard, Dwyer, Wright: CACD 5 Aug 1994
