Search Results for: Extradition Act 2003 27

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Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences. Held: The Act required the warrant to be validated by the issuing national court. It was not required that it include reference to earlier warrants. The Act should be read … Continue reading Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

Gercans v The Government of Latvia: Admn 27 Feb 2008

The court was asked whether there was jurisdiction in High court to hear an appeal under section 26(4) against extradition order. Citations: [2008] EWHC 884 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Citing: Applied – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007 The court considered whether it had jurisdiction to apply … Continue reading Gercans v The Government of Latvia: Admn 27 Feb 2008

Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) is not obscure and, in my judgment, it should be given its plain and ordinary meaning. The sub-section requires the warrant to obtain particulars of the circumstances in which … Continue reading Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

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 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

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

Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for the offence) was such as render the request unjust and oppressive. … Continue reading Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

Konecny v District Court Czech Republic: Admn 27 Sep 2017

Sir Wyn Williams, (Sitting as a High Court Judge) [2017] EWHC 2360 (Admin) Bailii European Convention on Human Rights 8, Extradition Act 2003 14(b) England and Wales Cited by: Appeal from – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019 K had been convicted and sentenced in his absence. His extradition was requested … Continue reading Konecny v District Court Czech Republic: Admn 27 Sep 2017

Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003

The applicants, who had been convicted in absentia in the Czech Republic resisted their extradition under an accusation warrant on the ground that autrefois convict applied. Held: As they had a right to request a new trial this was not a final judgment and accordingly they could be dealt with as persons accused Henriques J … Continue reading Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003

Sandi v Craiova Court, Romania: Admn 27 Nov 2009

Hickinbottom J observed that there is no reason why the same level of particularity of the circumstances of the offence is needed for a conviction warrant as for an accusation warrant. However, he went on to point out that, while the appropriate level of particularity to satisfy section 2(6)(b) will depend on the circumstances of … Continue reading Sandi v Craiova Court, Romania: Admn 27 Nov 2009

HM Treasury v Ahmed and Others: SC 27 Jan 2010

The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010

Woodcock v The Government of New Zealand: QBD 14 Nov 2003

The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003

VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014

The applicants challenged their extradition to Rwanda to stand trial for matters which would be an offence under the laws of both countries. Application was made for evidence to be given in secret and without disclosure to the requesting state. Held: The Court discharged the appellants on the ground that the appellants faced a real … Continue reading VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014

Welsh v Stokes and Another: CA 27 Jul 2007

The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence. Held: The appeal failed on either account. The judge had directed himself properly in his … Continue reading Welsh v Stokes and Another: CA 27 Jul 2007

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

Neteczca v Governor of Holloway Prison: Admn 27 Jun 2014

The claimant’s extradition had been ordered, but the extradition had not taken place within the necessary time period, and she now applied to be discharged. Held: The statutory scheme did not permit the right of a requested person to be discharged, to be circumvented by agreeing a later starting date after the expiry of the … Continue reading Neteczca v Governor of Holloway Prison: Admn 27 Jun 2014

Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

Acts

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Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

Whether expected treatment in a Hungarian prison would be inhuman and degrading. Admission of evidence doubting state re-assurances. Judges: Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens Citations: [2021] UKSC 14 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: European Convention on Human Rights 3, Extradition Act 2003 27 Jurisdiction: England … Continue reading Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006

Ministry of Justice, Lithuania v Bucnys: Admn 12 Oct 2012

Citations: [2012] EWHC 2771 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Bucnys v Ministry of Justice SC 20-Nov-2013 The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in … Continue reading Ministry of Justice, Lithuania v Bucnys: Admn 12 Oct 2012

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014

Appeal brought before the court under section 26 against a decision directing that the appellant be extradited to Poland to face a charge essentially of obtaining money to which she was not entitled when she was in charge of a school in Poland. The amount in question is something in the order of andpound;17,000, or … Continue reading Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014

P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Belhaj and Another v Straw and Others: SC 17 Jan 2017

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

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Government of South Africa v Dewani: Admn 10 Dec 2010

Appeal against grant of bail to extradition subject. Judges: Ouseley J Citations: [2010] EWHC 3398 (Admin) Links: Bailii Statutes: Extradtion Act 2003 Cited by: See Also – South Africa v Dewani Misc 10-Aug-2011 (City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness. Held: ‘There is undoubted … Continue reading Government of South Africa v Dewani: Admn 10 Dec 2010

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015

The court set out the conditions for the use of article 8 rights claims in extradition proceedings where the proposed extradition would be to other states within the European Union. Judges: John Thomas, Baron Thomas of Cwmgiedd LCJ, Ryder LJ, Ouseley J Citations: [2015] EWHC 1274 (Admin), [2016] 3 All ER 71, [2016] 1 WLR … Continue reading Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015

Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

McFeeley and others v The United Kingdom: ECHR 15 May 1980

(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980

Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there. Held: The court’s only duty at this stage was to ask whether there was an arguable case. ‘A government is accountable to parliament and ultimately to the electorate … Continue reading Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

Von Der Pahlen v Leoben High Court, Austria: Admn 4 Mar 2009

Citations: [2009] EWHC 383 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(4)(c) Jurisdiction: England and Wales Citing: See Also – Von Der Pahlen v Government of Austria Admn 27-Jun-2006 The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) … Continue reading Von Der Pahlen v Leoben High Court, Austria: Admn 4 Mar 2009

Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000

The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing exercise was to be carried out under the Convention test. The right … Continue reading Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000

Caldarelli v The Court of Naples: Admn 12 Jul 2007

The court certified a point of law for the House of Lords as follows: ‘Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neither final nor enforceable, may his case be treated as an accusation case even though he does not enjoy an … Continue reading Caldarelli v The Court of Naples: Admn 12 Jul 2007

Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008

Zakowski v Regional Court In Szczecin, Poland: Admn 16 May 2008

Maurice Kay LJ said that section 2(6)(c) of the 2003 Act ‘should be construed as referring only to other EAWs issued in respect of the offence.’ Judges: Maurice Kay LJ, Penry-Davey J Citations: [2008] EWHC 1389 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(6)(c) Jurisdiction: England and Wales Cited by: Cited – Louca v A … Continue reading Zakowski v Regional Court In Szczecin, Poland: Admn 16 May 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

Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

Mucelli v Albania and Another: Admn 15 Nov 2007

Citations: [2007] EWHC 2632 (Admin) Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009 The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice … Continue reading Mucelli v Albania and Another: Admn 15 Nov 2007

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006

Application was made for the prisoner to be extradited whilst he served his prison sentence here. The application had been made early in the prisoner’s nine year term, intending that it should then be adjourned until a point close to te completion of the sentence. The district judge rejected the request. Held: The statute required … Continue reading Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006

Horton v Sadler and Another: HL 14 Jun 2006

The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

Greene v Associated Newspapers Ltd: CA 5 Nov 2004

The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

Keenan v The United Kingdom: ECHR 3 Apr 2001

A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk. Held: Inhuman and degrading treatment had to achieve a certain standard of seriousness before it became an infringement, … Continue reading Keenan v The United Kingdom: ECHR 3 Apr 2001

D v The United Kingdom: ECHR 2 May 1997

The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death. Held: The deportation of a convicted person suffering from Aids to a country with less care facilities was inhuman or degrading treatment. ‘In its Vilvarajah and Others judgment and its Soering judgment the Court considered … Continue reading D v The United Kingdom: ECHR 2 May 1997

Love v The Government of The United States of America and Another: Admn 5 Feb 2018

The court considered the forum bar in section 83A of the 2003 Act, Judges: Lord Burdon of Maldon LCJ, Ouseley J Citations: [2018] WLR(D) 66, [2018] EWHC 172 (Admin), [2018] 1 WLR 2889, [2018] 2 All ER 911, [2018] Lloyd’s Rep FC 217 Links: WLRD, Bailii, Judiciary Statutes: Extradition Act 2003 83A Jurisdiction: England and … Continue reading Love v The Government of The United States of America and Another: Admn 5 Feb 2018

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law … Continue reading Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Citations: [2006] EWHC 760 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Cited by: Cited – Von Der Pahlen v Government of Austria Admn 27-Jun-2006 The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) … Continue reading Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Mills v Cooper: QBD 1967

Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act 1959 namely that of being a gypsy and, without lawful excuse, camping on a highway. The first proceedings were brought in respect of 22nd December 1965. Those proceedings were dismissed in February 1966 on the ground … Continue reading Mills v Cooper: QBD 1967

Turek v Regional Court In Gliwice Poland: Admn 2011

the issue was whether the conduct relied upon as justifying extradition to Poland would constitute a breach of UK law. The allegation was possession of a gas gun without the required licence. The relevant UK offence was said to be a breach of section 5(1)(b) of the 1968 Act. The expert said there was nothing … Continue reading Turek v Regional Court In Gliwice Poland: Admn 2011

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

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

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

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

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976