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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

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

The receiver had been appointed under the 1968 Act, to manage the affairs of the defendant on his prosecution for tax fraud. She now sought a declaration as to her personal liability for tax which fell due. She had paid over some andpound;2 million to the court which she had realised. Held: A receiver was … Continue reading In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

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

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

Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

The Commissioners had been appointed as receiver of the claimant’s assets. The receivership was later discharged, but should have been discharged earlier, the court had the power not only to calculate the level of remuneration but also who should be responsible for making payment. In this case the commissioner should bear some of the cost. … Continue reading Capewell v Customs and Excise and Another (No 2): CA 29 Jul 2005

J v Crown Prosecution Service: CA 24 Jun 2005

The defendant had been made subject to a criminal restraint order so as to preserve his assets pending the outcome of criminal proceedings. He complained that the order affected property which was not his. Held: Such an order could cover property which he had obtained for the benefit of somebody else. What was required was … Continue reading J v Crown Prosecution Service: CA 24 Jun 2005

Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

The court approved guidelines for the appointment and remuneration of a receiver appointed under the 1988 Act. Judges: Lord Justice Laws Lord Justice Longmore Lord Justice Carnwath Citations: [2004] EWCA Civ 1628, [2005] 1 All ER 900, [2004] All ER (D) 29 Links: Bailii Statutes: Criminal Justice Act 1988 77(8) Jurisdiction: England and Wales Citing: … Continue reading Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

In Re O (Restraint Order: Disclosure of Assets): 1991

A restraint order had been made against O in an action under the 1988 Act. He sought a variation. On the application of the prosecutor he was ordered to file an affidavit of means. He sought to appeal, but the prosecutor said no appeal lay. Held: An appeal was possible. It succeeded only to the … Continue reading In Re O (Restraint Order: Disclosure of Assets): 1991

Regina v Ludlam et al: 11 Oct 2011

HHJ Head said: that ‘merely acting in ways which would otherwise be lawful but which constitute a breach of an Restraint Order cannot amount to the necessary ingredients of Perverting’. Judges: HHJ Head Citations: Unreported, 11 Oct 2011 Statutes: Criminal Justice Act 1988 77 Cited by: Distinguished – Kenny v Regina CACD 30-Jan-2013 The appellant … Continue reading Regina v Ludlam et al: 11 Oct 2011

Lamb v Revenue and Customs Prosecutions Office: CA 18 Mar 2010

The appellant challenged the appointment of a receiver in respect of property registered in his name, but said to be the realisable property of a man convicted of cheating the revenue. He said that he had funded the property, and that he had not been given appropriate opportunity to become involved in the earlier proceedings. … Continue reading Lamb v Revenue and Customs Prosecutions Office: CA 18 Mar 2010

Crown Prosecution Service v Jennings: HL 14 May 2008

The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit. Held: Though some criticisms of the Court of Appeal decision were valid, the appeal … Continue reading Crown Prosecution Service v Jennings: HL 14 May 2008

Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002

The applicants appealed sentences for possession of offensive weapons. Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As … Continue reading Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002

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

Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: QBD 24 May 1994

The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review. Judges: Staughton LJ and Buckley J Citations: Times 30-May-1994, Independent 24-May-1994 Statutes: Criminal Justice Act 1988 17(1) 108 … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: QBD 24 May 1994

Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994

The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Enfield London Borough Council v Argos Ltd: Admn 24 Jun 2008

The defendant company had been accused of selling a bladed article to a youth making a test purchase. The prosecutor now appealed by way of case stated raising the question as to whether a reasonable precaution taken after a test case conducted by the trading standards of a local authority necessarily discloses a failure to … Continue reading Enfield London Borough Council v Argos Ltd: Admn 24 Jun 2008

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

Revenue and Customs Prosecution Service v Kearney: Admn 27 Feb 2007

The Revenue and Customs Prosecutions Office appealed by way of case stated from a decision of the Crown Court to extend by four months the time limit available to pay a confiscation order made under section 71 of the 1988 Act. The question was whether the Crown Court had jurisdiction to vary or extend the … Continue reading Revenue and Customs Prosecution Service v Kearney: Admn 27 Feb 2007

Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

Suchedina v Regina; similar: CACD 27 Oct 2006

Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006

Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: … Continue reading Regina v Sakavickas and Another: CACD 3 Nov 2004

Silvester, Regina v: CACD 6 Nov 2009

This case concerns the making of a confiscation order under the Criminal Justice Act 1988 in circumstances where the victim of the offending has pursued and recovered a civil judgment. Judges: Mackay J, David J Citations: [2009] EWCA Crim 2182 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 21 … Continue reading Silvester, Regina v: CACD 6 Nov 2009

Lobban, Regina v: CACD 7 May 2004

The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004

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

Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

The applicants had either been acquitted of drugs trafficking offences, or were third parties. In each case, property had been taken into receivership, and orders had been made for the receivers to take their costs from the assets taken. The proprietors appealed that part of the orders. Held: The receiver is an officer of the … Continue reading Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

City Council of Bristol v Lovell: HL 26 Feb 1998

A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998

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

Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order … Continue reading Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998

An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of the proceeds of criminal conduct could be used also in relation … Continue reading Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998

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

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 Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001

The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On appeal, that element was set aside. The section referred to the pecuniary advantage obtained by the … Continue reading Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001

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

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

Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

Mcintosh and Another v Regina: CACD 22 Jun 2011

The appellants argued that the court had misdirected itself in law when concluding that neither appellant had satisfied him that the amount that might be realised at the time he made the confiscation orders was less than the agreed amount of benefit, a sum of pounds 3,668,990. The appeal raises the issue as to the … Continue reading Mcintosh and Another v Regina: CACD 22 Jun 2011

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

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

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

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Regina v Kansal (2): HL 29 Nov 2001

The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001

Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010

The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now sought disclosure of documents from the defendants, including from the police investigation. Other … Continue reading Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

KJM Superbikes Ltd v Hinton: CA 20 Nov 2008

The claimant had been sued for the misuse of trademarks by selling motorcycles imported via a parallel market. It claimed that the defendant had filed false evidence in that action, and now appealed a refusal by the judge to bring contempt proceedings. The defendant argued that proceedings could only be brought with the consent of … Continue reading KJM Superbikes Ltd v Hinton: CA 20 Nov 2008

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

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

Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc: CACD 1 Feb 2008

An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against the defendant nor victims of his offence. Held: The Crown Court had no jurisdiction … Continue reading Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc: CACD 1 Feb 2008

ITN News and Others v Regina: CACD 21 May 2013

Anonymity benefits maintained The news services challenged an anonymity order made under section 46 of the 1999 Act in the course of crown court proceedings to protect an adult witness. Held: The CACD has jurisdiction to hear such an appeal by virtue of section 159 of the 1988 Act. Applying such jurisdiction, the court confirmed … Continue reading ITN News and Others v Regina: CACD 21 May 2013

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

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years. Held: The judge had misapplied the test laid down in Stebbings. The court of appeal had not previously considered how to apply its … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009): CACD 18 Dec 2009

Each defendant had been convicted of an assault resulting in a death, but where no weapon had been used and where but for the death the charge would have been assault occasioning actual bodily harm. Held: The decision in Furby, while still valid, did not reflect the 2003 Act which now required the court to … Continue reading Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009): CACD 18 Dec 2009

Regina v Shayler: CACD 28 Sep 2001

Duress as Defence not closely Defined The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the … Continue reading Regina v Shayler: CACD 28 Sep 2001

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

Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law. Held: The appeal … Continue reading Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014