Click the case name for better results:

The Commissioners of Customs and Excise v Robert and Julie Polok: ChD 19 Feb 2002

The respondents were engaged in procuring sex for others. The appellants sought to make them subject to VAT. The Tribunal had concluded that the respondents’ business was unlawful and was outside the VAT scheme altogether. Not all the respondent’s business would be unlawful. Held: The Sixth Directive purposes harmonisation of VAT, on the principle of … Continue reading The Commissioners of Customs and Excise v Robert and Julie Polok: ChD 19 Feb 2002

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Rio Tinto Zinc Corporation v Westinghouse Electric Corporation, Re Westinghouse Electric Corpn Uranium Contract Litigation MDL Docket No 235 (No 2): HL 1977

The court considered a claim that a party was not compelled to give evidence where it might incriminate him: ‘No one is bound to furnish information against himself. It [the common law] says: ‘If a witness claims the protection of the court, on the ground that the answer would tend to incriminate himself and there … Continue reading Rio Tinto Zinc Corporation v Westinghouse Electric Corporation, Re Westinghouse Electric Corpn Uranium Contract Litigation MDL Docket No 235 (No 2): HL 1977

Regina v Hussain, Regina v Bhatti, Regina v Bhatti: CACD 16 Jan 2002

It was possible to have an indictment which alleged a conspiracy to commit either one of two alternative offences. A conspiracy could clearly be to commit more than one offence. The phrase in the section ‘offence or offences’ should not be construed exclusively conjunctively. It is the agreement which is at the heart of a … Continue reading Regina v Hussain, Regina v Bhatti, Regina v Bhatti: CACD 16 Jan 2002

Regina v Pearce: CACD 11 Dec 2001

The defendant appealed against his conviction for murder. He said that the court had not allowed his alcoholism as a characteristic for the purposes of testing the defence of provocation, and that the evidence of his long standing partner should be treated as equivalent to that of a wife, making her evidence admissible but not … Continue reading Regina v Pearce: CACD 11 Dec 2001

Amuur v France: ECHR 25 Jun 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996

McGrath v Chief Constable of the Royal Ulster Constabulary and Another: HL 12 Jul 2001

Police were not liable for false imprisonment after arresting a person named in a warrant which had been issued by another police force as a result of one person who was arrested falsely giving the other person’s name. The warrant might have been capable of being struck out as being founded on a mistake of … Continue reading McGrath v Chief Constable of the Royal Ulster Constabulary and Another: HL 12 Jul 2001

Criminal proceedings against Goodwin and Unstead: ECJ 28 May 1998

ECJ (Judgment) VAT was payable on supplies of counterfeit drugs even though the income generated by the trade was unlawful. Fiscal neutrality prevented differentiation between lawful and unlawful suppliesThe defendants had sold counterfeit perfumes and had had VAT charges imposed retrospectively. It was held proper to charge VAT on sales which were illegal. Fiscal neutrality … Continue reading Criminal proceedings against Goodwin and Unstead: ECJ 28 May 1998

Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

(Bermuda) An alternative remedy to winding up is available to a shareholder where oppressive conduct is alleged, though the main thrust is that the conduct is unlawful. Judges: Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Cooke of Thorndon Lord Clyde Citations: Times 31-Oct-1997, [1997] UKPC 44 Links: Bailii Statutes: Companies Act 1985 459, … Continue reading Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

B v Secretary of State for Home Department: CA 18 May 2000

The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time … Continue reading B v Secretary of State for Home Department: CA 18 May 2000

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

Invercargill City Council v Hamlin: PC 12 Feb 1996

(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local authority which had supervised the construction. Held: A Local Authority was liable for economic … Continue reading Invercargill City Council v Hamlin: PC 12 Feb 1996

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

Powell v Chief Constable of North Wales Constabulary: CA 16 Dec 1999

Roch LJ said: ‘When an issue of public interest immunity is raised, the court’s first duty is to weigh the public interest in preserving the immunity against the public interest that all relevant information which might assist a court to ascertain facts relevant to an issue upon which the court is required to adjudicate should … Continue reading Powell v Chief Constable of North Wales Constabulary: CA 16 Dec 1999

Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995

Chattels which became affixed to a lessee’s land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: ‘The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture … Continue reading Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995

X v United Kingdom: ECHR 15 Dec 1977

(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate reported on the child’s well-being, and provided the mother with a list of lawyers practising in … Continue reading X v United Kingdom: ECHR 15 Dec 1977

Lion Laboratories Ltd v Evans: CA 1985

Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that the Lion Intoximeter had faults which could have resulted in a significant number of motorists being wrongly convicted. Lion … Continue reading Lion Laboratories Ltd v Evans: CA 1985

Somchai Liangsiriprasert v Government of the United States of America: PC 1991

(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong Kong was justiciable in Hong Kong although no overt act in pursuance of that conspiracy … Continue reading Somchai Liangsiriprasert v Government of the United States of America: PC 1991

Woodward v Hutchins: CA 1977

An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received favourable publicity. However, after parting company, amicably, with the group, the defendant disclosed ‘no doubt, for a very … Continue reading Woodward v Hutchins: CA 1977

Attorney-General v Able and Others: QBD 28 Apr 1983

The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing suicide. The stated aim of the booklet was to help readers overcome the fear of dying. Held: … Continue reading Attorney-General v Able and Others: QBD 28 Apr 1983

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

Regina v Andrews-Weatherfoil Ltd: CACD 1972

For so long as it is possible for persons concerned in a single offence to be tried separately, it is inevitable that the verdicts returned by the two juries will on occasion appear to be inconsistent with one another. Eveleigh J: ‘It is necessary to establish whether the natural person or persons in question have … Continue reading Regina v Andrews-Weatherfoil Ltd: CACD 1972

Regina v Johnson; Regina v Hind: CACD 11 Apr 2005

The defendant had when at the police station refused to leave his cell to attend for interview. At trial, the judge said that the jury could take account of this as a failure to mention when questioned, something which he now wished to rely upon. Held: No questioning had taken place, and the inference could … Continue reading Regina v Johnson; Regina v Hind: CACD 11 Apr 2005

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence of a widespread fraud and that the documents were crucial to their investigations and that the investigation … Continue reading Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

Regina v Fitzpatrick: CANI 1977

The court considered the defence of duress: ‘A person may become associated with a sinister group of men with criminal objectives and coercive methods of ensuring that their lawless enterprises are carried out and thereby voluntarily expose himself to illegal compulsion, whether or not the group is or becomes a proscribed organisation . . if … Continue reading Regina v Fitzpatrick: CANI 1977

In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Airedale NHS Trust v Bland: CA 9 Dec 1992

The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state. Held: The doctors sought permission to act in accordance with recommended medical practice. Agreement was universal that there was no prospect of the patient’s improvement, nor any purpose in continued treatment. The … Continue reading Airedale NHS Trust v Bland: CA 9 Dec 1992

Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992

Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is preserved but subject always to the Director’s right to intervene at any stage. It … Continue reading Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992

Regina v Keyes and Others: CACD 10 Mar 2000

It was not necessary for the Commissioners themselves to authorise by order proceedings for conspiracy to commit a non-summary customs and excise offence, namely to evade the prohibition on importation of a controlled drug. The Criminal Law Act could not be used to reinstate that requirement because just they had not been charged with the … Continue reading Regina v Keyes and Others: CACD 10 Mar 2000

Regina v Attorney-General, ex Parte Rockall: QBD 19 Jul 1999

The presumption of corruption which arose by virtue of the statute under the 1916 Act did not apply on a charge of conspiracy to corrupt under the earlier Act. The charge of conspiracy was a charge on its own under the Criminal Law Act and was not affected by the presumption, and was not accordingly … Continue reading Regina v Attorney-General, ex Parte Rockall: QBD 19 Jul 1999

Regina v Jones and Others (Confiscation Orders): CACD 10 Jul 2006

The prosecutor appealed against a refusal by the judge to make confiscation orders. The defendants had benefitted from their conduct but had dissipated it all, and were found by the Crown to have no assets. The judge found this to be an exceptional circumstance. Held: The judge had erred, and should have made the order. … Continue reading Regina v Jones and Others (Confiscation Orders): CACD 10 Jul 2006

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

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

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

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

X v Dempster: FD 9 Nov 1998

The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998

Director of Public Prosecutions v Humphrys: HL 1977

Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

Arnold v National Westminster Bank Plc: HL 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

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

Budu v The British Broadcasting Corporation: QBD 23 Mar 2010

The defendant sought to strike out the claimant’s action in defamation. It had reported that the police had withdrawn an employment offer to claimant after doubting his immigration status. Held: The claims should be struck out. The articles were now available on the defendant’s website only by searching for it. A search would reveal three … Continue reading Budu v The British Broadcasting Corporation: QBD 23 Mar 2010

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

CW and MM, Regina v: CACD 22 May 2015

Proceedings had commenced for conspiracy to supply class A Drugs to a person abroad. Prior consent was required of the Attorney-General, but was only obtained after the event. The prosecutor now appealed against a ruling that the proceedings were null and void. Held: The appeal failed: ‘ The Judge was astute to the problems the … Continue reading CW and MM, Regina v: CACD 22 May 2015

Regina v Sang: HL 25 Jul 1979

The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All evidence which is relevant is prima facie admissible in a criminal trial, although the trial judge has a discretion … Continue reading Regina v Sang: HL 25 Jul 1979

Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002

The defendants appealed sentences of 7.5 and 3 years for conspiracy to facilitate illegal immigration. They had hired lorries with a view to bringing people in It was submitted that the sentences were outside the powers under the Act. The sentence had been increased to ten years. The conspiracy extended over the point where the … Continue reading Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002

Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

Farrell v Alexander: HL 24 Jun 1976

The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976

Cheltenham Borough Council v Laird: QBD 15 Jun 2009

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

Secretary of State for Justice v MM: SC 28 Nov 2018

The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018

Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor): PC 1 Dec 1975

The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable only by a panel appointed by the Governor-General. The appellants each appealed convictions by the courts complaining … Continue reading Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor): PC 1 Dec 1975

Attorney General’s Reference (No 1 of 1990): CACD 1990

A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those arrested. They were acquitted in January 1988. The investigation of the complaints was then resumed. In March … Continue reading Attorney General’s Reference (No 1 of 1990): CACD 1990

Regina v Nazari: CACD 1980

The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without making full enquiry into all the circumstances’, and gave guidance, according to the seriousness of the offence … Continue reading Regina v Nazari: CACD 1980

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

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

The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had been given to him to show that he could be released. Held: ‘The legality … Continue reading Secretary of State for Justice v Walker; Same v James: CA 1 Feb 2008

Regina v 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

Goldsmith v Sperrings Ltd: CA 1977

Claims for Collateral Purpose treated as abuse The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors of the paper for the same relief. Some of the … Continue reading Goldsmith v Sperrings Ltd: CA 1977

Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Jones v First Tier Tribunal and Another: SC 17 Apr 2013

The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 2013

Home Office v Hariette Harman: HL 11 Feb 1982

The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982

Dhir v Saddler: QBD 6 Dec 2017

Slander damages reduced for conduct Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough. Held: ‘the authorities demonstrate that it is the quality of the publishees not their quantity that … Continue reading Dhir v Saddler: QBD 6 Dec 2017

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

Norfolk County Council v Webster and others: FD 1 Nov 2006

The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006

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