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Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Regina v Rezvi: HL 24 Jan 2002

Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002

Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Regina v Setz-Dempsey and Another: CACD 24 Jun 1993

Mental illness is included in the meaning ‘Unfit to attend as a witness’. The admission of statements under s25 quite different from s26 Criminal Justice Act 1988. Citations: Times 20-Jul-1993, Independent 24-Jun-1993 Statutes: Criminal Justice Act 1988 23(2) 25 26 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 25 May 2022; Ref: scu.88003

In Re M and Another (Restraint Order: External Confiscation Order): CA 24 Aug 1998

Where a foreign court had made criminal confiscation order, and sought to enforce it against a party here, and the order enforcing that restraint order had been discharged by the High Court, the Court of Appeal had jurisdiction to hear an appeal against discharge. Citations: Times 24-Aug-1998 Statutes: Criminal Justice Act 1988, Criminal Justice Act … Continue reading In Re M and Another (Restraint Order: External Confiscation Order): CA 24 Aug 1998

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

Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions: 1988

The defendant was charged with attempting to pervert the course of justice by making a false allegation of assault against the police. It was said that he must have made a false statement in his application for legal aid for the purpose of bringing his civil action for assault. The 1974 Act made it an … Continue reading Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions: 1988

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence. Held: The appeals failed. The Supreme Court had decided that the presumption of innocence had been displaced in such … Continue reading Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

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

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

Logicrose Ltd v Southend United Football Club Ltd: CA 5 Feb 1988

The agent required the contractual counterparty to pay a bribe of pounds 70,000 to an offshore account. Held: The bribe was held to be recoverable by the principal whether the principal rescinded or affirmed the contract because it was a secret profit. ‘The remedy is not confined to cases where the agent has taken a … Continue reading Logicrose Ltd v Southend United Football Club Ltd: CA 5 Feb 1988

Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident. Held: The appeal succeeded. The defendant had been accepted as a truthful witness, and ‘In my judgment that is a broad … Continue reading Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Somerville v Scottish Ministers: HL 24 Oct 2007

The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007

Times Newspapers Ltd and others v Regina and others: CMAC 24 Oct 2008

Anonymity not to be by secret trial The newspaper appealed against an order for the defendant soldiers’ trial to be held in camera. Held: Section 94(2) could not be used to provide anonymity. The court relied on its common law powers under which: ‘for us to be entitled to make any order for anonymity for … Continue reading Times Newspapers Ltd and others v Regina and others: CMAC 24 Oct 2008

Regina v Mack: 15 Dec 1988

Supreme Court of Canada
Appellant testified at his trial for drug trafficking and, at the close of his defence, brought an application for a stay of proceedings on the basis of entrapment. His testimony indicated that he had persistently . .

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

Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment. … Continue reading West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004

Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

In re McFarland: HL 29 Apr 2004

The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

Regina v Redbridge Youth Court and Another: Admn 22 Mar 2001

The sections were exceptions to the normal practice of giving evidence in the court room, for which in the case of live link an individual case had to be made each time. The court should strike a balance between the ‘right of the defendant to have a hearing in accordance with the norm’ and ‘the … Continue reading Regina v Redbridge Youth Court and Another: Admn 22 Mar 2001

Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service: CACD 21 Jul 2004

The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of criminal damage. Held: International law was to be allowed for in … Continue reading Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service: CACD 21 Jul 2004

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000

Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000

For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

Regina v Cole: CACD 1990

Citations: (1990) 90 Cr App R 478 Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Cited by: Cited – Regina v Gokal, Abas Kassimali CACD 1997 The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that … Continue reading Regina v Cole: CACD 1990

Regina v Lyon: CACD 12 May 2005

The defendant appealed his sentence of five years after conviction for causing grievous bodily harm. Held: Care should be taken only to place relience upon guideline cases. Particular care should be adopted when considering Attorney General’s References unless they expressed themselves to be of general application, since in those cases the court was considering principally … Continue reading Regina v Lyon: CACD 12 May 2005

Attorney-General’s Reference No 88 of 2000: CACD 2001

The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation. Held: The section 18 offence should have attracted a sentence of four years after a trial. Citations: [2001] EWCA Crim 68 Statutes: Offences Against the Persons Act 1861 818 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference … Continue reading Attorney-General’s Reference No 88 of 2000: CACD 2001

Regina v Gokal, Abas Kassimali: CACD 1997

The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence. Held: There was no reason to think that Article 6 rights would be infringed if sections 23 and 26 were … Continue reading Regina v Gokal, Abas Kassimali: CACD 1997

Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006

The Attorney General referred the defendant’s sentence to the court as being unduly lenient. The judge had remarked as to the overcrowding of prisons. He had passed a suspended sentence of 12 months in a young offenders’ institution with 100 hours community service for possession with intent to supply of a class A drug. Held: … Continue reading Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998

A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until … Continue reading Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

Re Price: Admn 3 Nov 2006

Judges: Wilkie J Citations: [2006] EWHC 2751 (Admin) Links: Bailii Statutes: Drug Trafficking Act 1994, Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 April 2022; Ref: scu.245977

D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

Cummings v Crown Prosecution Service: Admn 15 Dec 2016

Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016

Adams v Crown Prosecution Service (CPS): CA 27 Mar 2017

Appeal against refusal to grant to the appellant a certificate of inadequacy. Held: The judge had been justified in his finding that the defendant had not discharged the burden of proof which fell upon him. Judges: Longmore, Hamblen, Irwin LJJ Citations: [2017] EWCA Civ 185, [2017] WLR(D) 212 Links: Bailii, WLRD Statutes: Criminal Justice Act … Continue reading Adams v Crown Prosecution Service (CPS): CA 27 Mar 2017

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

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

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

Regina v Director of Public Prosecutions: QBD 13 Apr 2005

The defendant appealed his conviction for having a bladed article under the section. He had with him a butter knife, which was wooden and with no handle or cutting edge. Held: The court would not be drawn into discussing whether it was sharp. The Act required only that the article be bladed. The knife fell … Continue reading Regina v Director of Public Prosecutions: QBD 13 Apr 2005

Regina v Coonan (Formerly Sutcliffe): QBD 16 Jul 2010

The respondent had been convicted of thirteen murders and eight attempted murders. He had claimed to have been acting in response to a divine voice heard when he worked in a graveyard. He was diagnosed a paranoid schizophrenic. The murders had created a climate of terror over many months over a wide area and he … Continue reading Regina v Coonan (Formerly Sutcliffe): QBD 16 Jul 2010

Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005

The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had certified that the defendant was a head of State but the A-G … Continue reading Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005

Goodyear, Karl, Regina v: CACD 19 Apr 2005

The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison sentence suspended for two years. Held: It was time to move on … Continue reading Goodyear, Karl, Regina v: CACD 19 Apr 2005

Lewis v Tindale and Others: QBD 14 Sep 2018

The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

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

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008