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Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two riders might have been using it. Held: Having failed … Continue reading Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

Regina (Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 25 Jul 2002

The applicant sought an order requiring the respondent to check the circumstances behind the issue of a certificate issued by an exporting country as to the compliance of mahogany with the Convention. The Brazilian institute responsible for issuing certificates had suspended their issue, but then had issued them under threat from the local courts. The … Continue reading Regina (Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 25 Jul 2002

Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001

BNFL sought permission to operate a plant manufacturing MOX fuel from nuclear waste. The applicants sought judicial review of the respondent’s permission. The Act provided no way of challenging a plant before its construction. When permission was sought, it was on the basis that the construction costs, of andpound;300 million, having already been incurred no … Continue reading Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001

Lord Chancellors Advisory Committee for Cheshire On Justices of The Peace (Decision Notice): ICO 24 Jul 2006

ICO The complaint requested copies of material created as a result of a complaint he had submitted to the Authority in relation to the manner in which a particular Magistrates Court dealt with its business. The authority provided the complainant with a copy of the information but with redactions to two sentences of one document, … Continue reading Lord Chancellors Advisory Committee for Cheshire On Justices of The Peace (Decision Notice): ICO 24 Jul 2006

Guardians of the Poor of the Union of Amesbury v Justices of the Peace of the County of Wiltshire: QBD 1883

The removal of snow which obstructed the main roads of the district of a highway authority was an ‘expense incurred in the maintenance’ of the highways for the purposes of obtaining a contribution from the county under section 13. Judges: Cave and Day JJ Citations: (1883) 10 QBD 480 Statutes: Highways and Locomotives (Amendment) Act … Continue reading Guardians of the Poor of the Union of Amesbury v Justices of the Peace of the County of Wiltshire: QBD 1883

Opinion of The Court Delivered By The Lord Justice Clerk In Note of Appeal Against Conviction and Sentence By Kilpatrick Against Her Majesty’s Advocate: HCJ 15 Jul 2014

Appeal against conviction alleging: ‘conduct yourself in a disorderly manner and did post a message which was of an offensive and threatening nature to a social network site to which the public had access and commit a breach of the peace’.’ He had made a posting on Facebook whose words incited violence. Held: ‘The jury … Continue reading Opinion of The Court Delivered By The Lord Justice Clerk In Note of Appeal Against Conviction and Sentence By Kilpatrick Against Her Majesty’s Advocate: HCJ 15 Jul 2014

Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

Effect of Contract Frustration The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war. Held: The court considered how the frustration of the performance of a contract affected the obligations under it. Lord Ratcliffe said: ‘frustration occurs whenever the law recognises … Continue reading Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were made in response to the transfer to the unit of one particular prisoner. Held: Despite the changes given in the … Continue reading Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009

The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior … Continue reading AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Percy v Director of Public Prosecutions: QBD 13 Dec 1994

A woman protester repeatedly climbed over the perimeter fencing into a military base. Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious penal consequence without any intervening stage. The threat of imprisonment was no doubt … Continue reading Percy v Director of Public Prosecutions: QBD 13 Dec 1994

Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006

The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were andpound;20,000, and that the tenant had done sufficient to be in material compliance with its … Continue reading Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006

Edwards v Marconi Corporation Plc: EAT 27 Jan 2003

Judges: Burton J P Citations: [2003] EAT 1115 – 02 – 2701, [2003] UKEAT 1115 – 02 – 2701 Links: Bailii, Bailii Statutes: Employment Rights Act 1996 50 51 Jurisdiction: England and Wales Citing: See Also – Edwards v Marconi Corporation Plc EAT 2-Nov-2001 Ex Parte application to determine whether or not there is an … Continue reading Edwards v Marconi Corporation Plc: EAT 27 Jan 2003

Glasgow Court-Houses Commissioners v Lanarkshire County: HL 18 Dec 1902

The Glasgow Court-Houses Act 1890 authorised the Glasgow Court-Houses Commissioners to acquire certain lands and buildings for the purpose of enlarging and improving the Sheriff and Justice of the Peace Court-Houses in the city of Glasgow. Section 13 provided that the Commissioners might apportion, assess, and charge the sums of money borrowed under the powers … Continue reading Glasgow Court-Houses Commissioners v Lanarkshire County: HL 18 Dec 1902

Director of Public Prosecutions, Regina (on the Application of) v Glendinning: Admn 13 Oct 2005

The defendant had been accused of obstructing a constable in the execution of his duty by warning motorists of presence of a police speed trap. The prosecutor appealed from dismissal of the charge. Held: ‘the hand signals given by the respondent were intended to warn motorists approaching from behind to reduce their speed because of … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Glendinning: Admn 13 Oct 2005

Thames Water Utilities Limited v Marcic: CA 7 Feb 2002

The claimant owned land over which sewage and other water had spilled from the appellant’s sewage works. His claim having been dismissed under Rylands v Fletcher, and there being no statutory means of obtaining compensation, the judge was asked to say that his human rights had been infringed insofar as his right to peaceful enjoyment … Continue reading Thames Water Utilities Limited v Marcic: CA 7 Feb 2002

Chief Constable of Cleveland Police v Mark Anthony McGrogan: CA 12 Feb 2002

The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They purported to exercise the common law power to detain a person where … Continue reading Chief Constable of Cleveland Police v Mark Anthony McGrogan: CA 12 Feb 2002

Jones v Director of Public Prosecutions: Admn 30 Jan 2004

The defendant was the registered keeper of a vehicle recorded as having exceeded the speed limit. He was required to identify the driver. He responded saying that it was one of six fleet vehicles and could not say who was driving it at the time. He appealed his conviction. Held: The defendant’s appeal succeeded. The … Continue reading Jones v Director of Public Prosecutions: Admn 30 Jan 2004

Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005

The case concerned actions taken at military bases by way of protest against the Iraq war. Each raised questions arising from the prosecution of the appellants for offences of aggravated trespass. The defendants asserted, among other things, that there was ‘was a strong possibility’ that the activities being carried on at the bases were unlawful, … Continue reading Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005

Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Application was made to register the ‘trap grounds’ as a village green. Held: Carnwath LJ: ‘The 1965 Act created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10. Since that section only takes effect in relation to any particular land on registration, there … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

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 powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

Bremer Vulkan Schiffbau Und Maschinenfabrik v South India Shipping Corp Ltd: HL 1981

Where both parties to a contract are in breach of a mutual obligation owed by each to the other, neither can rely upon the other’s breach as giving him a right to terminate. The Court of Appeal has an inherent power to control its own procedure to stop it being abused. It has a ‘general … Continue reading Bremer Vulkan Schiffbau Und Maschinenfabrik v South India Shipping Corp Ltd: HL 1981

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

Blecic v Croatia: ECHR 29 Jul 2004

The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

Cowan and Another v The Chief Constable for Avon and Somerset Constabulary: CA 14 Nov 2001

Where police had been called to an incident where a member of the public had been threatened with violence if he did not leave premises, did not have a duty to take action under the Act toward the applicant. It is only if a particular responsibility towards an individual arises, establishing a sufficiently close relationship, … Continue reading Cowan and Another v The Chief Constable for Avon and Somerset Constabulary: CA 14 Nov 2001

Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999

Judges: Lord Justice General and Lord Dawson and Lord Sutherland Citations: [1999] ScotHC 246, 2000 SCCR 151, 2000 JC 271, 2000 SLT 239, 1999 GWD 39-1886 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010 Statement without lawyer access was inadmissible The accused complained that he had been convicted … Continue reading Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern. Held: The district judge had failed to distinguish … Continue reading Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

J A Pye (Oxford) Ltd and Another v Caroline Graham and Another: CA 6 Feb 2001

Where a tenant under a grazing license had stayed over after the end of the tenancy, and had been refused a renewed licence, and had continued to graze the land for over twelve years, the mere overstaying was not enough to evidence an animus possidendi, an intention to assert an interest contrary to that of … Continue reading J A Pye (Oxford) Ltd and Another v Caroline Graham and Another: CA 6 Feb 2001

Dehal v Crown Prosecution Service: Admn 27 Sep 2005

The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a notice accusing the temple leader as a hypocrite and a liar. … Continue reading Dehal v Crown Prosecution Service: Admn 27 Sep 2005

Regina v Bow County Court Ex parte Pelling: QBD 8 Mar 1999

Mr Pelling sought to act as a McKenzie friend. On being refused he sought judicial review of he decision to exclude him. Held: Review was refused. A McKenzie friend has himself no locus to challenge a decision by a county court judge not to allow him to be present in a chambers appointment; that right … Continue reading Regina v Bow County Court Ex parte Pelling: QBD 8 Mar 1999

Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another: QBD 10 May 2000

The applicants had been employed on the administrative staff of a Magistrates’ Court, spending 25-40% of their working day performing duties delegated to them by the clerk to the justices. The Tribunal held that, as an ‘appreciable’ part of their duties was in assisting the JC, they came within the definition in regulation 3(1)(b). Held: … Continue reading Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another: QBD 10 May 2000

Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their rights of free speech and of assembly. Held: The appeal failed. There had been a … Continue reading Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

Llandudno Urban District Council v Woods: 1899

A clergyman set up a pulpit and was holding services and delivering addresses on the seashore. Held: An injunction was refused. The court discouraged actions for trespass on public highways where the inteference was trivial. In this case, although he had no right to do what he was doing, it was harming nobody. Judges: Cozens-Hardy … Continue reading Llandudno Urban District Council v Woods: 1899

Harrison v Duke of Rutland: CA 8 Dec 1893

H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying that the plaintiff was a trespasser upon the highway. Held: Insofar as the plaintiff was upon a highway … Continue reading Harrison v Duke of Rutland: CA 8 Dec 1893

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

Wood v Cooper: 1894

There was a long lease of land with a dwellinghouse built on it. The lease contained covenants: ‘not to erect or build or cause to be erected or built upon the said piece of ground thereby demised, without the previous license in writing of the lessor parties, ‘any other building whatsoever,’ and ‘not to do … Continue reading Wood v Cooper: 1894

Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

Bremer Vulkan Schiffbau und Maschineenfabrik v South India Shipping Coroporation: HL 1981

The parties had referred their dispute to arbitration, but there had been inordinate delay, and the plaintiffs complained that the delay had prejudiced them, and sought an injunction to prevent further contuance of the arbitration, saying that the delay had discharged the arbitration agreement and reference. Held: A party aggrieved in this way must first … Continue reading Bremer Vulkan Schiffbau und Maschineenfabrik v South India Shipping Coroporation: HL 1981

Everett v Griffiths: HL 1921

The plaintiff had been committed to a mental hospital. The question was whether the doctor (Anklesaria) who signed the certificate to support his committal was liable to him in negligence. Held: The House affirmed the judgment of the Court of Appeal, but without confirming this point. Lord Haldane thought it ‘probable that if the matter … Continue reading Everett v Griffiths: HL 1921

Bowden v Northamptonshire Magistrates Court Committee and Another: CA 16 Feb 1993

B was appointed by NMCC as ‘Chief Executive to the MCC’. Held: He was not to be ’employed in assisting’ a JC within the meaning of the Regulations. On appointment as Chief Executive, B ceased to be a JC, and became an employee of the Committee, with an extensive written job description. Hutchison J accepted … Continue reading Bowden v Northamptonshire Magistrates Court Committee and Another: CA 16 Feb 1993

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976

The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways … Continue reading Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976

Re C (Wardship: Medical Treatment) (No 2): CA 1989

The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the hospital where she was being looked after. Although the child herself would know nothing … Continue reading Re C (Wardship: Medical Treatment) (No 2): CA 1989

Intellectual Property Office (Decision Notice): ICO 21 Mar 2012

The complainant has requested the UK Government’s submissions to the Court of Justice of the European Union in Case C-34/10 Brastle v Greenpeace eV. This case dealt with the patenting of procedures relating to human embryonic stem cell research. The Intellectual Property Office refused to provide this citing the FOIA exemptions for court records, for … Continue reading Intellectual Property Office (Decision Notice): ICO 21 Mar 2012

Association of Independent Meat Suppliers and Another, Regina (on The Application of) v Food Standards Agency: SC 24 Jul 2019

Cleveland Meat Company Limited purchased a bull at Darlington Farmers market. After the animal was slaughtered, the Official Veterinarian (‘OV’) found that the animal was diseased and so declared it unfit for human consumption, and refused to award it a health mark. Cleveland did not agree with the OV’s decision, and sought to challenge the … Continue reading Association of Independent Meat Suppliers and Another, Regina (on The Application of) v Food Standards Agency: SC 24 Jul 2019

Director of Public Prosecutions v Cuciurean: Admn 30 Mar 2022

Whether the decision of the Supreme Court in DPP v. Ziegler [2021] UKSC 23; [2021] 3 WLR 179 requires a criminal court to determine in all cases which arise out of ‘non-violent’ protest whether the conviction is proportionate for the purposes of articles 10 and 11 of the European Convention on Human Rights (‘the Convention’) … Continue reading Director of Public Prosecutions v Cuciurean: Admn 30 Mar 2022

Jones v Director of Public Prosecutions: QBD 20 Oct 2000

Where magistrates considered an offence for which a driving ban was discretionary, they were entitled at that stage to take account of the driving record, even though they knew they would have to take that same record into account when considering a totting up ban. There was no double jeopardy, since the two systems considered … Continue reading Jones v Director of Public Prosecutions: QBD 20 Oct 2000

The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003

The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003

Superior Import / Export Ltd and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 11 Dec 2017

Challenge by the Claimants to the lawfulness of the decision by a Justice of the Peace sitting Birmingham Magistrates’ Court to grant 3 search warrants under s. 8 of the Police and Criminal Evidence Act 1984 in relation to premises owned or occupied by them. Judges: Gross LJ, Carr J Citations: [2017] EWHC 3172 (Admin) … Continue reading Superior Import / Export Ltd and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 11 Dec 2017

Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and … Continue reading Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

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

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

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

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

NKM v Hungary: ECHR 14 May 2013

ECHR Article 1 para. 1 of Protocol No. 1Peaceful enjoyment of possessionsDisproportionately high taxation of applicant’s severance pay:violationFacts – The applicant, who had been a civil servant for thirty years, was dismissed on 27 May 2011 with effect from 28 July 2011. On dismissal, she was statutorily entitled to her salary for June and July … Continue reading NKM v Hungary: ECHR 14 May 2013

Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others: CA 19 Dec 2001

The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be meant by a threat to their article 2 rights to life. The … Continue reading Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others: CA 19 Dec 2001