Click the case name for better results:

Government Actuaries Department v Pensions Ombudsman: Admn 15 Jun 2012

Frefighters, complained to the Pensions Ombudsman that the Government Actuary’s Department, GAD, had been guilty of maladministration because it had not updated the actuarial tables between June 1998 and August 2006. They alleged that updated tables would have led to a greater lump sum. Judges: Ouseley J Citations: [2012] EWHC 1796 (Admin) Links: Bailii Jurisdiction: … Continue reading Government Actuaries Department v Pensions Ombudsman: Admn 15 Jun 2012

Department for Education and Skills (Decision Notice): ICO 4 Jan 2006

The request was for minutes of senior management meetings at the DfES relating to the setting of school budgets in England between June 2002 and June 2003. Although some information was provided the majority of the information requested was withheld under section 35(1)(a), on the basis that the information related to the formulation and development … Continue reading Department for Education and Skills (Decision Notice): ICO 4 Jan 2006

Kuprevicius v Government of Lithuania: QBD 18 May 2006

The claimant challenged his extradition saying that the arrest warrant had not explicitly alleged, as required, that he was ‘unlawfully at large’. Held: The statement could be inferred where the circumstances properly allowed that. Judges: Richards LJ, Toulson J Citations: Times 12-Jun-2006 Statutes: Extradition Act 2003 2(5) Jurisdiction: England and Wales Citing: Cited – Office … Continue reading Kuprevicius v Government of Lithuania: QBD 18 May 2006

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings. Citations: Times 25-Aug-2006 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children, Local Government, Legal Aid Updated: 20 May 2022; Ref: scu.244693

Regina v Bow Street Magistrates ex parte Government of the United States of America; In re Allison: HL 2 Sep 1999

A person within an organisation who was authorised to access some data on a computer system at a particular level, could exceed his authority by accessing data at a level outside that authority. The unauthorised access offence under the 1990 Act was not limited to access obtained by an outsider or hacker. A section 1 … Continue reading Regina v Bow Street Magistrates ex parte Government of the United States of America; In re Allison: HL 2 Sep 1999

H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006

The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a government official in prescribed form. Held: The involvement of the state … Continue reading H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006

HM Treasury (Decision Notice): ICO 21 Nov 2006

ICO The complainant made a request for information by to Her Majesty’s Treasury for information fed into the macroeconomic model used to forecast the performance of the UK economy. The information was withheld under sections 29 (economic interests of the UK) and 35 (formulation of government policy). The Commissioner is satisfied that these exemptions were … Continue reading HM Treasury (Decision Notice): ICO 21 Nov 2006

Export Credits Guarantee Department (Decision Notice): ICO 27 Nov 2006

ICO The request was for copies of minutes of meetings, agendas and all correspondence prepared for or connected with meetings since January 2004 between the Export Credits Guarantee Department (ECGD), the CBI and the Airbus consortium relating to ECGD’s revised bribery and corruption procedures. A large bundle of the requested information was made publicly available … Continue reading Export Credits Guarantee Department (Decision Notice): ICO 27 Nov 2006

Agricultural Sector (Wales) Bill (Attorney General for England and Wales, Reference): SC 9 Jul 2014

‘Her Majesty’s Attorney General for England and Wales has referred to this Court under section 112(1) of the Government of Wales Act 2006 the question of whether, on the proper construction of section 108 and Schedule 7 to the GWA 2006, the Agricultural Sector (Wales) Bill 2013 is within the legislative competence of the National … Continue reading Agricultural Sector (Wales) Bill (Attorney General for England and Wales, Reference): SC 9 Jul 2014

Marks and Spencer Plc v Customs and Excise: HL 12 Jul 2006

Question referred to ECJ. Five questions were referred. Judges: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Scott of Foscote and Lord Walker of Gestingthorpe Citations: [2006] UKHL 69(Report), [2008] STC 1408 Links: Bailii Jurisdiction: England and Wales Citing: Decision to refer – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005 The … Continue reading Marks and Spencer Plc v Customs and Excise: HL 12 Jul 2006

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

In re X, (Emergency Protection Orders): FD 16 Mar 2006

Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family. Held: The decision making processes adopted by both the authority and the family court were badly flawed. An Emergency Protection Order … Continue reading In re X, (Emergency Protection Orders): FD 16 Mar 2006

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

Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959

There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959

Pascoe v First Secretary of State and others: Admn 27 Sep 2006

The claimant challenged a compulsory purchase order made under the 1993 Act on the grounds of underuse of properties in the area. Held: The respondent’s decision had been made on the basis that there was underuse of a ‘predominant number’ of properties. That phrase added an unlawful gloss to the statutory requirement and watered the … Continue reading Pascoe v First Secretary of State and others: Admn 27 Sep 2006

Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996

The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and … Continue reading Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996

The Counsel General for Wales, Regina (on The Application of) v The Secretary of State for Business, Energy and Industrial Strategy: CA 9 Feb 2022

‘The declaration sought is in these terms: ‘The amendment of Schedule 7B of GoWA by section 54(2) of UKIMA, to add UKIMA to the list of protected enactments, does not amount to a reservation and does not operate so as to prevent the Senedd from legislating on devolved matters in a way that is inconsistent … Continue reading The Counsel General for Wales, Regina (on The Application of) v The Secretary of State for Business, Energy and Industrial Strategy: CA 9 Feb 2022

National Assembly for Wales (Decision Notice): ICO 4 May 2006

The complainant requested information relating to the Welsh Assembly Government’s primary schools free breakfasts initiative. The public authority refused the request, citing sections 42 (legal professional privilege) and 35 (formulation of government policy) of the Act. After viewing the information, the Commissioner accepted that the exemptions were engaged and then considered the public interest arguments … Continue reading National Assembly for Wales (Decision Notice): ICO 4 May 2006

Local Government Ombudsman (Decision Notice): ICO 23 Mar 2006

The complainant requested copies of any information, held on any investigation file, which related to the construction of his property. The Public Authority responded by claiming that, under section 44 of the Act, there is a statutory prohibition on disclosing any information it holds as a result of an investigation. The authority did not confirm … Continue reading Local Government Ombudsman (Decision Notice): ICO 23 Mar 2006

UK Trade and Investment (Decision Notice): ICO 11 Apr 2006

Several documents were disclosed in response to a request for information concerning the West Africa Gas Pipeline and the Chad/Cameroon Petroleum Development and Pipeline project. However, UKTI withheld various documents on the grounds that their release would be prejudicial to the effective conduct of international relations and that they contained personal data. The Commissioner examined … Continue reading UK Trade and Investment (Decision Notice): ICO 11 Apr 2006

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

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

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

Chic Fashions (West Wales) Ltd v Jones: CA 12 Dec 1967

Lord Denning MR said that a constable equipped with a search warrant: ‘may seize not only the goods which he reasonably to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against … Continue reading Chic Fashions (West Wales) Ltd v Jones: CA 12 Dec 1967

Department for Communities and Local Government (Decision Notice): ICO 21 Jun 2011

The complainant requested the Department for Communities and Local Government to release information relating to two contracts it had entered into in 2006 and 2008 with Landmark Information Group. The DCLG released some information but refused to release certain sections of the contracts themselves under sections 40(2) and 43(2) of the Act. As the complainant … Continue reading Department for Communities and Local Government (Decision Notice): ICO 21 Jun 2011

BBC (Decision Notice): ICO 4 Sep 2006

On 23 February 2005 the complainant sought disclosure of correspondence passing between a senior BBC office-holder and a government adviser dating from 2 April 2004. The BBC withheld the information, placing reliance upon the exemption under section 40 of the Act, and subsequently upheld its decision on review. The Commissioner considered the correspondence passing between … Continue reading BBC (Decision Notice): ICO 4 Sep 2006

Kakis v Government of the Republic of Cyprus: HL 1978

Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled in England with the apparent approval of the Cyprus Government and so too … Continue reading Kakis v Government of the Republic of Cyprus: HL 1978

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Mahesan v Malaysia Government Officers Co-operative Housing Society: PC 1978

The appellant, the director and employee of a housing society was bribed by a real estate agent, one Manickam, and the appellant then caused the society to buy land at an overvalue. The agent was sued for money had and received (for the amount of the bribe paid in breach of the agent’s fiduciary duty) … Continue reading Mahesan v Malaysia Government Officers Co-operative Housing Society: PC 1978

Office of Government Commerce (Decision Notice): ICO 5 Oct 2006

ICO This Decision Notice has been issued against the OGC following communications between the Commissioner, HM Treasury and the OGC, subsequent to which it has been accepted that the information requested by the complainant in the case of FS50083104 was in fact a request to the OGC and not HM Treasury. The Decision Notice issued … Continue reading Office of Government Commerce (Decision Notice): ICO 5 Oct 2006

Department of Health (Decision Notice): ICO 27 Nov 2006

ICO The complainant requested a copy of a report into the National Health Service University, known as the Wells Report, which was withheld under section 33 (audit functions). The department also cited sections 35 (formulation of government policy), 40 (personal information), and 41 (information provided in confidence). The Commissioner has decided that these exemptions have … Continue reading Department of Health (Decision Notice): ICO 27 Nov 2006

Legal Secretariat of The Law Officers (Decision Notice) FS50064590: ICO 7 Jul 2006

The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq. The public authority refused to supply the information citing the exemptions in sections 27, 25 and 42 of the Act. The Commissioner has investigated this case together with a number of … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50064590: ICO 7 Jul 2006

Office of Government Commerce (Decision Notice): ICO 31 Jul 2006

ICO The complainant made a request for information about Gateway Reviews of the identity cards programme which had been carried out by the OGC, who refused to provide the information on the grounds that it related to the formulation and development of government policy (section 35) and that disclosure would prejudice the exercise of its … Continue reading Office of Government Commerce (Decision Notice): ICO 31 Jul 2006

Legal Secretariat of The Law Officers (Decision Notice) FS50069105: ICO 7 Jul 2006

The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq. The public authority refused to supply the information citing the exemptions in sections 27, 25 and 42 of the Act. The Commissioner has investigated this case together with a number of … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50069105: ICO 7 Jul 2006

Legal Secretariat of The Law Officers (Decision Notice) FS50063472: ICO 7 Jul 2006

The complainant requested information relating to the advice given by the Attorney General to the Government on the legality of military action in Iraq, which the public authority refused to supply citing the exemptions in sections 35 and 42 of the Act. The Commissioner has investigated this case together with a number of other complaints … Continue reading Legal Secretariat of The Law Officers (Decision Notice) FS50063472: ICO 7 Jul 2006

Cabinet Office (Decision Notice) FS50079971: ICO 7 Jul 2006

The complainant requested information regarding the legal advice provided to government about the legality of war in Iraq. The Cabinet Office confirmed that information relevant to the first two sections of the request was not held. It confirmed that material relevant to the third part of the request was held but that it was exempt … Continue reading Cabinet Office (Decision Notice) FS50079971: ICO 7 Jul 2006

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009

The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009

Norris v Government of United States of America: SC 24 Feb 2010

The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010

English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Armah v Government of Ghana and Another: HL 1968

The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable to be tried under the provisions of the Corrupt Practices … Continue reading Armah v Government of Ghana and Another: HL 1968

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

Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009

The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in respect of their occupation. Held: The appeal was dismissed. A court hearing a … Continue reading Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

Charman v Orion Publishing Group Ltd and others: QBD 13 Jul 2006

The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. The defendants claimed privilege under Reynolds and the 1996 Act. Held: The defence of qualified privilege failed. Gray J [2006] EWHC 1756 (QB), [2007] 1 All ER 622 Bailii Defamation Act 1996 England and Wales … Continue reading Charman v Orion Publishing Group Ltd and others: QBD 13 Jul 2006

Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021

Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012

Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be … Continue reading Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006

The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group. Held: The appeals succeeded. In order to found such a social group, the connection between the members … Continue reading Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006

Swales v Cox: CA 1981

Police officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981

Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made. Held: The court can interfere if the decision maker has taken into account a consideration which is immaterial, or failed to take account of … Continue reading Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965

Government of India v Taylor: HL 1955

The Government of India sought to prove in the voluntary liquidation of a company registered in the United Kingdom but trading in India for a sum due in respect of Indian income tax, including capital gains tax, which arose on the sale of the company’s undertaking in India. Held: The claim was not maintainable because … Continue reading Government of India v Taylor: HL 1955

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006