Search Results for: Justice and Security Act 2013

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Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Practice and procedure – rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 The respondents made an application under rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the ET Rules’) to prohibit the disclosure of information relating to specified matters on the … Continue reading Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the material seized under it. In this case the information before the justice of the peace granting … Continue reading Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

Ministry of Justice (Decision Notice) FS50501793: ICO 18 Nov 2013

The complainant submitted a request to the Ministry of Justice (MoJ) regarding the basis upon which remaining papers concerning the case of the – ‘Shrewsbury 24’ were retained by the Cabinet Office rather than transferred to The National Archives. The MoJ provided the complainant with the majority of information requested but withheld some material on … Continue reading Ministry of Justice (Decision Notice) FS50501793: ICO 18 Nov 2013

Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004

The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Folien Fischer AG and another v Ritrama SpA: ECJ 25 Oct 2012

ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction … Continue reading Folien Fischer AG and another v Ritrama SpA: ECJ 25 Oct 2012

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

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

McGartland and Another v The Attorney General: QBD 8 Jul 2014

The AG applied for permission under the 2013 Act to have closed material placed before the court in answer to the claimant’s allegations that as an agent of the Royal Ulster Constabulary, he had suffered after not receiving the protection promised. Judges: Mitting J Citations: [2014] EWHC 2248 (QB) Links: Bailii Statutes: Justice and Security … Continue reading McGartland and Another v The Attorney General: QBD 8 Jul 2014

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014

Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr … Continue reading Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014

Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017

The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017

A (Area of Freedom, Security And Justice): ECJ 29 Jan 2009

ECJ Area of Freedom, Security And Justice – Opinion – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Definition of civil matters Jurisdiction over decisions on parental responsibility – Habitual residence of a child Provisional … Continue reading A (Area of Freedom, Security And Justice): ECJ 29 Jan 2009

Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006

A Directive was belatedly transposed into national law and after the date by which it ought to have been implemented. The question arose whether the obligation to interpret national law in accordance with the Directive existed from the date the Directive was published, or the date by which it had to be transposed into national … Continue reading Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006

Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Haward and others v Fawcetts: HL 1 Mar 2006

The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006

Wyatt and Another v Portsmouth Hospital NHS and Another: CA 12 Oct 2005

The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order continuing the discretion. Held: ‘we came to the clear conclusion that the judge … Continue reading Wyatt and Another v Portsmouth Hospital NHS and Another: CA 12 Oct 2005

Micula and Others v Romania: SC 19 Feb 2020

The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004

Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004

Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

Thynne, Wilson and Gunnell v The United Kingdom: ECHR 25 Oct 1990

The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment. Held: A discretionary life sentence in English law was composed of a punitive element followed by a security element giving … Continue reading Thynne, Wilson and Gunnell v The United Kingdom: ECHR 25 Oct 1990

Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000

Mrs Jorgensen, a specialist rheumatologist, complained about a rule which meant that, if she sold her practice, it would, because of its turnover, be treated as a part-time practice and subject to a cap on the fees it could receive from the Danish national health authorities. She argued that this was indirectly discriminatory on grounds … Continue reading Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000

Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000

Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from any discriminatory reason. It was not a breach of the Directive. Lord Nicholls said: ‘The … Continue reading Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000

Gilham v Ministry of Justice: SC 16 Oct 2019

The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019

Walker v Innospec Ltd and Others: SC 12 Jul 2017

The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017

Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Salzgitter Mannesmann Handel Gmbh v SC Laminorul SA: ECJ 26 Sep 2013

Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(3) and (4) – Recognition of a judgment given in another Member State – Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and … Continue reading Salzgitter Mannesmann Handel Gmbh v SC Laminorul SA: ECJ 26 Sep 2013

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

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

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Folien Fischer Ag and Another v Ritrama Spa: ECJ 19 Apr 2012

ECJ (Opinion) Jurisdiction in civil and commercial matters – Interpretation of Article 5(3) of Regulation (EC) No 44/2001 – Special grounds of jurisdiction – Matters relating to tort, delict or quasi-delict – Meaning – Action for a negative declaration (negative Feststellungsklage) – Right of a potential injuring party to sue the party potentially injured in … Continue reading Folien Fischer Ag and Another v Ritrama Spa: ECJ 19 Apr 2012

Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

Watts v Stewart and Others: CA 8 Dec 2016

The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security. Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs Watts was a beneficiary of the Charity, her occupation was that of tenant at will of the … Continue reading Watts v Stewart and Others: CA 8 Dec 2016

Secretary of State for The Home Department v HM Senior Coroner for Surrey and Others: Admn 23 Nov 2016

The Home Secreary requested approval for the withholding of documents from a coroner’s inquest on the ground that disclosure would damage the public interest. The deceased had died whilst jogging, and there was a possibility that he had been unlawfully killed. He had been associated with the provision of evidence to Swiss prosecutors associating a … Continue reading Secretary of State for The Home Department v HM Senior Coroner for Surrey and Others: Admn 23 Nov 2016

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

In re McKerr (Northern Ireland): HL 11 Mar 2004

The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

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

Mandalia v Secretary of State for The Home Department: SC 14 Oct 2015

The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his application with evidence of his financial means. He said that the application should … Continue reading Mandalia v Secretary of State for The Home Department: SC 14 Oct 2015

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Grabowski v Poland: ECHR 30 Jun 2015

ECHR Article 5-1 Lawful arrest or detention Continued detention without a judicial decision of a juvenile subject to correctional proceedings: violation Article 46 General measures Respondent State required to take legislative measures to stop the practice of detaining juveniles subject to correctional proceedings without a judicial decision Facts – The applicant, a minor at the … Continue reading Grabowski v Poland: ECHR 30 Jun 2015

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

Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 Substantive scope – Definition of ‘civil matters’ – Decision relating to the taking into care and placement of children outside the family home – Child’s habitual … Continue reading A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

CF v The Ministry of Defence and Others: QBD 14 Oct 2014

The issue considered was whether, following the declaration under Section 6 of the 2013 Act permitting a closed material procedure, Article 6 of the ECHR requires further details of the Defendants’ case to be provided, by any further disclosure, summary or gist. It was common ground that civil proceedings of this kind do engage Article … Continue reading CF v The Ministry of Defence and Others: QBD 14 Oct 2014

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law. Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the … Continue reading Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Commissioners of Customs and Excise v Anglo German Breweries Limited: ChD 29 Nov 2002

The respondents appealed against imposition of assessments for the diversion of alcohol products from bonded warehouses without payment of duties. Pretence had been made of deliveries abroad, but the goods were later diverted. The company was insolvent even without the impositions, but sought to delay the winding up to resolve its appeal against the impositions. … Continue reading Commissioners of Customs and Excise v Anglo German Breweries Limited: ChD 29 Nov 2002

Abdule and Others v The Foreign and Commonwealth Office and Others: QBD 21 Dec 2018

Application by the Secretary of State for Foreign and Commonwealth Affairs for a declaration under Justice and Security Act 2013 (‘JSA 2013’) s.6 that a closed material application may be made to the Court in these proceedings. Nicol J [2018] EWHC 3594 (QB) Bailii England and Wales Litigation Practice Updated: 28 November 2021; Ref: scu.632209

Vapenik v Thurner: ECJ 5 Dec 2013

ECJ Area of freedom, security and justice – Regulation (EC) No 805/2004 – European enforcement order for uncontested claims – Requirements for certification as an enforcement order – Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities … Continue reading Vapenik v Thurner: ECJ 5 Dec 2013

Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to shredded tyres, and the applicants had mounted a sustained challenge. The applicants had not … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

Croke, Regina (on The Application of) v Leeds Crown Court: Admn 3 Oct 2013

Mr Croke renewed his application for permission to challenge the decision of the Crown Court to refuse to state a case following the dismissal by the court of his appeal against conviction by the Magistrates of two offences of assault by beating, battery, contrary to section 39 of the 1988 Act of two security guards … Continue reading Croke, Regina (on The Application of) v Leeds Crown Court: Admn 3 Oct 2013

Secretary of State for The Home Department v Al-Jedda: SC 9 Oct 2013

The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that he had, by virtue of the order, been made stateless. The Secretary of … Continue reading Secretary of State for The Home Department v Al-Jedda: SC 9 Oct 2013

DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

F sought the return of his son K to the US. K had been brought here by M after a court order in the US,but the father subsequently appealed sucessfully, obtaining an order for K’s return. M said that the UK court had originally and correctly found K to be habitually resident in the UK, … Continue reading DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

Regina v D(R): Misc 16 Sep 2013

Crown Court at Blackfriars – the court was asked to what extent a witness wanting, from religious conviction, to hide her face with the niqaab form of Islamic dress should be allowed to do so, whilst giving evidence. Held: The court considered expert evidence as to Islamic belief and custom, and also the Equal Treatment … Continue reading Regina v D(R): Misc 16 Sep 2013

Ignaoua, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Aug 2013

‘This claim concerns a certificate issued by the Secretary of State for the Home Department (‘the Secretary of State’) on 16 July 2013 under a power conferred by the Justice and Security Act 2013. The Secretary of State contends that the certificate has the effect of terminating the judicial review the claimant has had ongoing … Continue reading Ignaoua, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Aug 2013

Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding. Held: The appeals failed: ‘the timing of the execution … Continue reading Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015

Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant. Held: An order should have been made: ‘the following principles should apply: (i) the hearing should … Continue reading MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015

O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

Liversidge v Sir John Anderson: HL 3 Nov 1941

The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

O’Brien v Ministry of Justice: SC 28 Jul 2010

The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 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

Reyes and Another v Al-Malki and Another: CA 5 Feb 2015

The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015

A and Others v The United Kingdom: ECHR 19 Feb 2009

(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 Feb 2009

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security in Iraq as a suspected terrorist. It was said that the detention was attributable … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013

ECHR Article 7-1 Nullum crimen sine lege Interpretation of offence of tax evasion derived by reference to other areas of law: no violation Article 6 Civil proceedingsCriminal proceedings Article 6-1 Impartial tribunalIndependent tribunalAlleged lack of impartiality of trial judge who had already taken procedural decisions adverse to defence and had sat in trial of co-accused: … Continue reading Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013

Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied and run by British military personnel. It was … Continue reading Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – Concept of ‘rights of custody’.A two month old baby born in England to unmarried parents and removed by her French mother to … Continue reading Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006

ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Decision to open the proceedings – Centre of the debtor’s main interests – Recognition of insolvency proceedings – Public policy.The centre of a debtor’s main interests must be identified by reference to criteria that are both objective and ascertainable by … Continue reading Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006

A v Independent News and Media Ltd and Others: CA 31 Mar 2010

The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010