Although the rules specified that a form should be used when making application to extend the time for which money could be held pending an application under the Act for its forfeiture, there was no enforceable duty to prove that the form had been used, and its absence was not a fatal flaw in the … Continue reading Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000
Judges: Lord Justice Nolan And Justice Roch Citations: [1991] EWHC 1 (QB), [1991] Crim LR 699, [1991] 3 All ER 439, (1992) 94 Cr App R 272, (1991) 155 JP 1003, [1991] 3 WLR 235, [1991] RTR 271, [1991] 2 QB 532 Links: Bailii Statutes: Prosecution of Offences Act 1985 23(3), Costs in Criminal Cases … Continue reading Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991
Challenge to decision to refuse early release from prison of the claimant. Judges: Pill, Wilson, Sullivan LJJ Citations: [2010] EWCA Civ 1115 Links: Bailii Statutes: Criminal Justice Act 1991 Jurisdiction: England and Wales Prisons Updated: 25 August 2022; Ref: scu.425301
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be felt, the court. Held: ‘The underlying mischief at which these provisions … Continue reading Clements v HM Advocate: 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
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991
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All cases against children should be tried in the Youth Court, and not transferred to the Crown Court save for the most grave offences. In this case, the allegations included one of common assault. The appeal court had no power on this occasion to set aside the transfer, but since the accusation of common assault … Continue reading Regina v T; Regina v K: CACD 22 Mar 2001
Practice Direction – arrangements for editing and producing tapes. Citations: Gazette 07-Oct-1992 Statutes: Criminal Justice Act 1991 53 Jurisdiction: England and Wales Criminal Practice Updated: 28 April 2022; Ref: scu.77838
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992
Where an offender had been released from prison under licence, but committed a further offence whilst released on licence, and had already been recalled to prison by way of his licence being revoked under section 39, that did not prevent a court dealing with the offender also making an order under s40 for the remainder … Continue reading Regina v Sharkey: CACD 10 Nov 1999
When a young offender is ordered to return to prison to serve the remainder of a sentence after offending whilst on release on licence, the order is a new sentence, and when combined with the order for the offence giving rise to that order, cannot exceed the two year maximum total. Citations: Times 29-Oct-1999 Statutes: … Continue reading Regina v F, R v S: CACD 29 Oct 1999
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the claimant was in effect a shell company. The bank would not … Continue reading Mahonia Limited v JP Morgan Chase Bankwest Lb Ag: QBD 3 Aug 2004
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently carry on bookmaking in connection with dog races run on the track on … Continue reading Cutler v Wandsworth Stadium Ltd: HL 1949
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
Wright J: ‘We underline the plain necessity yet again for sentencers, when dealing with offenders of all ages, to direct themselves fully as to the various statutory provisions relating to the individual custodial sentences, to make clear when passing sentence that they have done so, and the nature of the sentence that they intend to … Continue reading Regina v Egdell: CACD 1994
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005
The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public. Citations: Independent 22-Nov-1995 Statutes: Criminal Justice Act 1991 34(4)(b) Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in 1994. He complained that the delay was an abuse, and his appeal succeeded. The prosecutor now … Continue reading Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996
When both consecutive and concurrent sentences are being served, they are to be combined into one term in order to calculate the prisoner’s release date, even if separately imposed. Citations: Times 13-Mar-1998, [1998] UKHL 11, [1998] 1 All ER 929, [1998] 2 WLR 530, [1999] AC 43 Links: House of Lords, Bailii Statutes: Criminal Justice … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Francois: HL 12 Mar 1998
The threshold criterion for imprisonment that ‘so serious that only custodial sentence justified’ was not best described in terms of view of ‘right thinking members of the public’ but rather the court should look to the need to protect the public and other aims. A community penalty might in some cases be appropriate on a … Continue reading Regina v Howells, etc: CACD 30 Jul 1998
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
Once the punitive or tariff term of imprisonment on a convicted murderer, is completed, risk to life and limb provides the sole ground for continued detention. The Parole Board, being subject to directions from the Home Secretary, was not an independent tribunal which could satisfy the claimant’s right to a fair trial. Judges: Walker J … Continue reading Girling v Parole Board and Secretary of State for the Home Department: Admn 8 Apr 2005
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
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
Crown Court at Blackfriars – the court was asked to what extent a witness wanting, from religious conviction, to hide her face with the niqaab form of Islamic dress should be allowed to do so, whilst giving evidence. Held: The court considered expert evidence as to Islamic belief and custom, and also the Equal Treatment … Continue reading Regina v D(R): Misc 16 Sep 2013
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
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
The prosecutor sought leave to bring a voluntary bill of indictment, to pursue historic sex abuse allegations against the defendant. The defendant objected to counts founded on facts which were the substance of a charge of indecent assault considered at an old style committal hearing when a Stipendiary Magistrate had ordered a stay of the … Continue reading Gadd, Regina v: QBD 10 Oct 2014
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
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
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. It was said that the applicant had herself been groomed by an adult … Continue reading E and Others, Regina (on The Application of) v The Director of Public Prosecutions: Admn 10 Jun 2011
The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to prove the absence of consent. They said it was their human right to give consent to … Continue reading Regina v Brown (Anthony); Regina v Lucas; etc: HL 11 Mar 1993
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014
Child not entirely free of responsibility The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence. Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson dissenting). Her contribution was assessed at 50%. The court rejected … Continue reading Jackson v Murray and Another: SC 18 Feb 2015
The defendant appealed against his sentence to eight years imprisonment on 8 counts of indecent assault. The offences occurred between 1977 and 1984. Held: Each of the victims was young and vulnerable and the assaults had had continuing effects on their lives. The aggravating features were: ‘There were four girls or young women involved; one … Continue reading Clifford, Regina v: CACD 7 Nov 2014
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: Unreported, 10 February 1993 Coram: Beldam, Dillon, and Roch LJJ Ratio:The plaintiffs sued three police officers for malicious prosecution. Specific discovery of documents relating to the previous misconduct of one of these officers was refused. Held: Appeal allowed. Confessions were the only evidence against the plaintiffs, who had served their time afer convictions for … Continue reading Steel v Commissioner of the Metropolitan Police; 10 Feb 1993
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
