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Search Results for: Judicial Committee Act 1833
Re Baronetcy of Pringle of Stichill: PC 20 Jun 2016
Her Majesty requires the Board to advise as to (i) who is now entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill and (ii) whether the evidence resulting from the obtaining of a DNA sample from Sir Steuart Robert Pringle in late 2009 or early 2010 … Continue reading Re Baronetcy of Pringle of Stichill: PC 20 Jun 2016
British Coal Corporation v The King: PC 1935
The Board was asked as to the competency of a petition for special leave to appeal to the King in Council from a judgment of a court in Quebec in a criminal matter. The petitioners argued that notwithstanding the provisions of a Canadian statute which prohibited such appeals, this class of appeal was external to … Continue reading British Coal Corporation v The King: PC 1935
Bade v The Queen: PC 8 Jun 2016
(Solomon Islands) The appellant had been convicted of murder. He now said that the automatic life sentence, and the use of a recommended rather than determined minimum sentence was unconstitutional. Held: The Board first had to determine whether it retained a jurisdiction to hear such appeals from the Solomon Islands. Held: ‘ there has been … Continue reading Bade v The Queen: PC 8 Jun 2016
Seaga v Harper (No 2): PC 29 Jun 2009
No conditional fees without country approval (Jamaica) Jamaican domestic law did not allow conditional fees or for the recovery of an after the event insurance premium for costs. When the case was appealed to the Board, his English solicitors represented him under a conditional fee agreement with a success fee and under such insurance. The … Continue reading Seaga v Harper (No 2): PC 29 Jun 2009
Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI. Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the … Continue reading Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003
Mitchell v Director of Public Prosecutions of Grenada: PC 1986
(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. The 1967 Order was made under powers conferred by the Judicial Committee Act 1844 … Continue reading Mitchell v Director of Public Prosecutions of Grenada: PC 1986
The Attorney General for St Christopher and Nevis v Rodionov: PC 20 Jul 2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice through long delay. The Board was concerned as to its jurisdiction. Held: No appeal lay against … Continue reading The Attorney General for St Christopher and Nevis v Rodionov: PC 20 Jul 2004
Attorney General v De Keyser’s Royal Hotel Ltd: HL 10 May 1920
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers. Held: There is an established general principle, of high constitutional importance, that there is no common law power to take … Continue reading Attorney General v De Keyser’s Royal Hotel Ltd: HL 10 May 1920
Regina v Rand: 1866
r_rand1866 A judge with an interest in a case, or is a party to it, will be debarred from hearing it.Blackburn J said: ‘There is no doubt that any direct pecuniary interest, however small, in the subject of inquiry, does disqualify a person from acting as a judge in the matter . . ‘ To … Continue reading Regina v Rand: 1866
Simpson v Regina: CACD 23 May 2003
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
