(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 The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council.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
(Malaysia) The petitioner had an appeal as of right to the Judicial Committee from the Federal Court of Malaysia under section 74(1)(a)(ii). The Court refused leave to appeal holding that the appeal had no merits and was bound to fail and the petitioner appealed to the Judicial Committee for leave to appeal, or, alternatively, for … Continue reading Lopes v Chettiar: PC 1968
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
The court was asked whether the tort of malicious prosecution of civil proceedings is known to English law. Held: The Crawfod Adjusters case should not be followed: ‘If I am not bound by Gregory, then I see no reason for departing from the approach of the Court of Appeal in Quartz Hill v Eyre. That … Continue reading Willers v Gubay: ChD 15 May 2015
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
(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
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(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
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
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health authority, and discontinued a claim for damages for negligence against the doctors, and a … Continue reading Powell v United Kingdom: ECHR 4 May 2000