The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003
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
The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 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
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
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took … Continue reading French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006
The defendants appealed against their convictions for robbery. The prosecutor had introduced evidence of their previous records under section 101, with several similar convictions demonstrating propensity. Citations: [2006] EWCA Crim 2270, (2007) 171 JPN 306, (2007) 171 JP 25 Links: Bailii Statutes: Criminal Justice Act 2003 101(d) Jurisdiction: England and Wales Criminal Evidence Updated: 26 … Continue reading Tully and Another, Regina v: CACD 16 Mar 2006
The court considered the power to increase a sentence of committal for contempt of court: ‘Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power which must be used sparingly. The sort of circumstances in which it could … Continue reading Neil v Ryan: CA 23 Jul 1998
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
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
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004
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
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed. Held: The appeals succeeded (Judge and Clarke dissenting). The … Continue reading Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
ECHR Article 7-1 Nullum crimen sine lege Interpretation of offence of tax evasion derived by reference to other areas of law: no violation Article 6 Civil proceedingsCriminal proceedings Article 6-1 Impartial tribunalIndependent tribunalAlleged lack of impartiality of trial judge who had already taken procedural decisions adverse to defence and had sat in trial of co-accused: … Continue reading Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013
SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
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 . .
