The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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Section 4 of the 1920 Act provided that the Parliament of Northern Ireland had power to make laws for the peace, order and good government of Northern Ireland, but not to make laws in respect of, among other things, trade with any place out of Northern Ireland. Challenge was made to the 1934 Act which … Continue reading Gallagher v Lynn: PC 1936
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012
Mr O’Brien had been arrested in London under regulation 14B of the Restoration of Order in Ireland Regulations 1920 and deported to Ireland there to be interned until further order. A writ of habeas corpus was sought as against the governor of Mountjoy prison. Held: The court accepted the affidavit evidence of the Home Secretary … Continue reading Regina v Secretary of State for Home Affairs, Ex parte O’Brien: CA 1923
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
The Crown has no right of appeal against the grant of a discharge of a prisoner on a writ of habeas corpus.The Home Secrtary appealed against the issue of a writ of habeas corpus against him in respect of a prisoner held in Mountjoy prison in the Irish Free State. He had been arrested in … Continue reading Secretary of State for Home Affairs v O’Brien: HL 1923
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
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-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972
The claimants had made investments through their solicitors, the defendants. The investments failed. The defendants were said to have made a foul and threatening posting on facebook about the claimant after failure in earlier proceedings. The defendant now sought to prevent the use of the posting in evidence, saying that his facebook account was restricted … Continue reading Martin and Others Gabriele v Giambrone P/A Giambrone and Law: QBNI 5 Mar 2013
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to Afghanistan, but were not notified. He remained detained by US Forces. An … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah: SC 31 Oct 2012
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008
It is almost inevitable that in a Reynolds privilege case to be tried by jury there will be presented to them a list of questions, sometimes no doubt formidably long. The object is to enable the judge to have the factual matrix upon which to make his value judgments and the ultimate decision on the … Continue reading Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe SPRL: QBD 20 Jan 2004
(New Brunswick) The defendant had been convicted of unlawfully selling intoxicating Licquor contrary to the 1878 Act. He challenged his conviction saying that the Act had been outwith the powers of the Parliament of Canada as provided for by the . .
The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the . .
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 . .