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Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Douglas and others v The Right Honourable Sir Lynden Oscar Pindling: PC 13 May 1996

(Bahamas) A commission investigating the activities of a company, sought disclosure of its bankers records. The committee held that this was not a constitutional issue, and that leave to appeal as of right did not exist, but special leave was possible and appropriate. The Act gave wider powers to order inspection than only for special … Continue reading Douglas and others v The Right Honourable Sir Lynden Oscar Pindling: PC 13 May 1996

Philip Joshua Rahming v The Queen: PC 20 May 2002

(Bahamas) The case was an appeal against a conviction for murder on the basis of the incorrect direction from the judge as to manslaughter and murder, and the failure to give a lies direction. Held: The failure to bring the defendant before a court within 48 hours did not affect the weight of the evidence. … Continue reading Philip Joshua Rahming v The Queen: PC 20 May 2002

Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993

(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. What gives rise to this instinctive revulsion? The answer can only be our … Continue reading Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Regina v Lucas (Ruth): CACD 1981

People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt. Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:- (1) The lie must be deliberate;(2) It must relate to a material issue;(3) The motive for the lie … Continue reading Regina v Lucas (Ruth): CACD 1981