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Practice Direction: Criminal Justice Act 1987 Crown Court Centres: CACD 22 Feb 1993

Provides a lists of Crown Court centres and their associated status for hearing serious fraud cases where cases are to be transferred from other centres. The Direction sets out the centres in full. Citations: Ind Summary 22-Feb-1993 Statutes: Criminal Justice Act 1987 Jurisdiction: England and Wales Criminal Practice Updated: 09 April 2022; Ref: scu.84835

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Jul 2012

The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation. Held: The search warrants were set aside: ‘the fact that one or more suspects have already had an opportunity to collude does not necessarily mean that they should be given a … Continue reading Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Jul 2012

Regina v Cole: CACD 17 Dec 2008

A judge’s comments which were intended to undermine defence counsel, and other failings led to the conviction being set aside. Judges: Lord Justice Latham, Mr Justice Andrew Smith and Judge Scott Gall Citations: Times 16-Mar-2009 Jurisdiction: England and Wales Criminal Practice Updated: 15 September 2022; Ref: scu.319876

Mehmet, Regina (on the Application of) v Clerk To the Justice of Miskin, Cynon Valley and Methyr Tydfill Petty Sessional Divisions: CA 29 Aug 2002

The applicant sought leave to appeal refusal of a judicial review of the decision of the respondent with regard to the taxation of his costs under a defendant’s costs order. The review had been refused as out of time and without merit. Held: The Court of Appeal could not hear an appeal from the High … Continue reading Mehmet, Regina (on the Application of) v Clerk To the Justice of Miskin, Cynon Valley and Methyr Tydfill Petty Sessional Divisions: CA 29 Aug 2002

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007

The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007

Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

Meadow v General Medical Council: Admn 17 Feb 2006

The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder. Held: The evidence though mistaken was given in good faith and the penalty was disproportionate and was set aside. The evidence which had … Continue reading Meadow v General Medical Council: Admn 17 Feb 2006

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Director of Public Prosecutions v Stonehouse: HL 1977

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

Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004

The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry. Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies … Continue reading Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Andreas Kanaris v Governor of H M P Pentonville: Admn 17 Jan 2002

The defendant sought a writ of habeas corpus, asserting that the custody time limits in his matter had expired before his trial began. An application to extend the limits had to be made before the limit, and had to show proper conduct of the case. For serious fraud cases, such as this, the trial was … Continue reading Andreas Kanaris v Governor of H M P Pentonville: Admn 17 Jan 2002

Morris and Others v Director of SFO and Others: ChD 17 Feb 1993

The owner of documents should be joined in an application to SFO to disclose documents obtained by them. Judges: Sir Donald Nicholls VC Citations: Gazette 17-Feb-1993 Statutes: Criminal Justice Act 1987 3 4 5 Jurisdiction: England and Wales Cited by: Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004 In 2002 the … Continue reading Morris and Others v Director of SFO and Others: ChD 17 Feb 1993

Weeks v The United Kingdom: ECHR 2 Mar 1987

The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous. Held: ‘The court agrees with the Commission and the applicant that the clearly stated purpose for which [the] sentence was imposed, taken together with … Continue reading Weeks v The United Kingdom: ECHR 2 Mar 1987

Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000

The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing his claim below the minimum. The relative scheme sought to award damages on a basis comparable … Continue reading Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000

Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

Regina v G and Another (PII: Counsel’s duty): CACD 27 May 2004

During the course of the trial, the prosecutor had inadvertently disclosed to the defence legal team material which had been subject to a public interest immunity certificate. The judge made an order under the 1987 Act that the defence team must not disclose the materials to their clients, nor use it for their defence. Held: … Continue reading Regina v G and Another (PII: Counsel’s duty): CACD 27 May 2004

Naylor v Preston Health Authority: CA 1987

The purposes of discovery include not only obtaining relevant evidence, but also reducing surprise and promoting fairness by putting parties in an equal position at trial, so that the parties are ‘playing with all the cards face up on the table’ the Master of the Rolls considered that there is ‘a duty of candour resting … Continue reading Naylor v Preston Health Authority: CA 1987

Regina v Southampton Justices ex parte Green: CA 1976

The court considered whether as the Court of Appeal, it had jurisdiction to hear an appeal against the Divisional Court’s refusal to quash an order estreating a recognisance. Held: It did. Lord Denning MR said that ‘the matter is criminal’ if ‘the matter is one the direct outcome of which may be trial of the … Continue reading Regina v Southampton Justices ex parte Green: CA 1976

In re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material): FD 1987

Local authority case records and a verbatim extract from the case records which had been exhibited to an affidavit from a social worker had been disclosed. Held: Booth J asked as to the case records: ‘whether the words in the section ‘information relating to proceedings’ should be construed to cover documents which do not themselves … Continue reading In re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material): FD 1987

Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd: QBD 8 May 2017

The claimant asserted that documents generated during investigations by lawyers acting for the defendants were not protected by legal professional privilege. Judges: Andrews DBE J Citations: [2017] EWHC 1017 (QB) Links: Bailii Statutes: Criminal Justice Act 1987 2(3) Jurisdiction: England and Wales Criminal Evidence, Legal Professions Updated: 26 March 2022; Ref: scu.584208

H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure would not form part of the material to be considered in a preparatory hearing as such, there was no right of appeal. Judges: Maurice Kay LJ, Crane, Dobbs JJ … Continue reading H, Regina v Re Interlocutory Application: CACD 7 Jul 2006

Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and … Continue reading Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

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

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

Lutz v Germany: ECHR 25 Aug 1987

Only criminal charges attract the additional protections under article 6(2) and 6(3). Insofar as these provisions apply to ‘everyone charged with a criminal offence’ it is well established in the jurisprudence of the European Court of Human Rights that this concept is co-extensive with the concept of the determination of any criminal charge. As to … Continue reading Lutz v Germany: ECHR 25 Aug 1987

Nolkenbockhoff v Germany: ECHR 25 Aug 1987

Hudoc Preliminary objection rejected (victim); No violation of Art. 6-2 10300/83, [1987] ECHR 21, (1991) 13 EHRR 360, (1988) 10 EHRR 163 Worldlii, Bailii Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation … Continue reading Nolkenbockhoff v Germany: ECHR 25 Aug 1987

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Englert v Germany: ECHR 25 Aug 1987

Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-2 10282/83, [1987] ECHR 19, (1991) 13 EHRR 392 Worldlii, Bailii Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of … Continue reading Englert v Germany: ECHR 25 Aug 1987

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883

The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then notwithstanding the fact that they were built by the county and paid … Continue reading Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883

Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008

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

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

Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004

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

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 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

Polkey v A E Dayton Services Limited: HL 19 Nov 1987

Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his release, but that had been overriden by the respondent. had not … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

National Justice Compania Naviera S A v Prudential Assurance Company Ltd (“The Ikarian Reefer”): 1993

Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (“The Ikarian Reefer”): 1993

HM Solicitor General v Cox and Another: QBD 27 May 2016

Applications for committal of the defendants for having taken photographs of court proceedings when their friend was being sentenced for murder and publishing them on Facebook. The SG urged that the offences had aggravating features taking the matter beyond the offence under section 41 of the 1925 Act. Held: The appeal failed. The offence had … Continue reading HM Solicitor General v Cox and Another: QBD 27 May 2016

Rondel v Worsley: HL 1967

Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967

National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993

References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993

National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″

References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″

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 Jennings, Regina v Johnson, Regina v Mullins: CACD 6 Sep 1993

No appeal lies against a Crown Court decision not to sever an indictment at a preparatory hearing. As an interlocutory order no appeal lay. Citations: Ind Summary 18-Oct-1993, Ind Summary 06-Sep-1993, Times 29-Oct-1993, (1993) 98 Cr App R 308 Statutes: Criminal Justice Act 1987 7(1) 9(11) Jurisdiction: England and Wales Citing: Cited – In re … Continue reading Regina v Jennings, Regina v Johnson, Regina v Mullins: CACD 6 Sep 1993

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

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

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 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

Woolmington v Director of Public Prosecutions: HL 23 May 1935

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

Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

Love and Another, Regina v: CACD 13 Feb 2013

The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013

Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001

The applicant SR, aged 15, was remanded in custody to a Youth Offenders Institution pending sentence. Had he been a girl, he could not have been so remanded, since no similar provision was available for them. He complained that the law infringed his human rights. It was accepted that he was properly dealt with under … Continue reading Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001

Re Arrows Ltd (No 4): CA 8 Apr 1993

A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden. Citations: Independent 08-Apr-1993, Gazette 09-Jun-1993 Statutes: Criminal Justice Act 1987 2(8) 3, Insolvency Act 1986 236 Jurisdiction: England and Wales Citing: Appeal from – Re Arrows Ltd … Continue reading Re Arrows Ltd (No 4): CA 8 Apr 1993

Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002

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

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Regina v Campbell: CACD 25 Oct 1996

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 support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011

The claimant had been driving his lorry. A man jumped in front of a second lorry in an apparent attempt to commit suicide. In a failed attempt to avoid the suicide, the second lorry crashed into the claimant causing catastrophic injuries. The claimant appealed against rejection of his claim for Criminal Injuries Compensation made on … Continue reading Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011

Regina v Weekes: CACD 18 Feb 1999

The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999

Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Accessory Liability in Tort The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which the attacks were made, but denied direct involvement in or responsibility for … Continue reading Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Regina v Maxwell: CACD 9 Feb 1995

Citations: No. 94/7352/S2, Unreported, 9 February 1995 Statutes: Criminal Justice Act 1987 9 Jurisdiction: England and Wales Cited by: Cited – H, Regina v Re Interlocutory Application CACD 7-Jul-2006 The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure … Continue reading Regina v Maxwell: CACD 9 Feb 1995

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006

The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006