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
Application restricting right of claimant to make applications without consent of court. Judges: Lord Justice Brooke Citations: [2002] EWCA Civ 507 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 29 June 2022; Ref: scu.170250
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
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
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
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
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
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
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
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
(Bristol Assizes) The tenant was the tenant of a scrap yard. He had paid his rent promptly, until he was sent to prison. Thereafter he failed to pay the rent; and had no access to legal advice. The landlord peaceably re-entered for non-payment of . .
The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement . .
The claimant had been unfairly dismissed from her position as justices’ clerk. After appeal her additional claims for retirement and other compensation under the 1978 Regulations had been remitted to the Employment tribunal which had reconsidered . .
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on . .
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
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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
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
The plaintiff, who had been detained as a lunatic as the result of the decision of Griffiths, a Justice of the Peace and Chairman of the Board of Guardians in reliance on a medical certificate signed by Anklesaria, a Doctor, sued them both in negligence. Held: A workhouse doctor owed a duty of care to … Continue reading Everett v Griffiths: CA 1920
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
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
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
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
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
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
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
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
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
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
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
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
The plaintiff, a nationalist Member of Parliament, sued the defendant for assault and battery. There was to be a meeting of the Land League. On the day before, a placard summoned local Orangemen to oppose it. The defendant, a justice of the peace was at the meeting. He knew of the placard and believed on … Continue reading O’Kelly v Harvey: CA 1883
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
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
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
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 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
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
The explicit consent of a defendant is not required in order to be bound over to keep the peace. Citations: Times 30-Apr-1997 Statutes: Justices of the Peace Act 1361, Justices of the Peace Act 1968 Jurisdiction: England and Wales Crime, Magistrates Updated: 05 June 2022; Ref: scu.88542
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
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
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
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
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
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
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
The defendant appealed her convictions for assaulting a police officer and obstructing him in the course of his duty. She had acted in an abusive manner, but there had been no violence. Held: Whilst she might have been arrested on the basis that a breach of the peace might occur, there had to have been … Continue reading Hawkes v Director of Public Prosecutions: CACD 2 Nov 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
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
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
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
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
An allegation that the advisory committee on the appointment of justices of the peace had acted in a racially discriminatory manner was outside the jurisdiction of the industrial tribunal. The authority was not subject to the Act. Citations: Times 18-Mar-1999 Statutes: Race Relations Act 1976 12 Discrimination Updated: 17 May 2022; Ref: scu.77883
The Plaintiff was the landlord of certain premises and had as at 29 September 1938, a right to distrain for unpaid rent in the sum of andpound;15 11s. However, on 20 September, the defendant, as bailiff for Wolverhampton Corporation, had levied on the tenant under a warrant for distress for rates granted by a justice … Continue reading Potts v Hickman: HL 1941
If a notice is in reasonable form and requires the information to be given in a particular form then that form must be used. A purpose of seeking the information in section 172 of the 1988 Act was to enable proof of certain matters, including the identity of the driver of the vehicle, to be … Continue reading Director of Public Prosecutions v Broomfield: QBD 2002
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
There had been a prosecution for wilfully preventing and interrupting the free passage of persons in a public street. There had been a procession with a band playing. Held: It was a question of fact and degree whether such a use of the street was reasonable. Gibson J said: ‘No body of men has a … Continue reading Lowdens v Keaveney: 1903
The pursuer challenged the rights of the Magistrates to issue a proclamation ordering that ‘persons shall not assemble or congregate or hold meetings’ in certain streets of the city unless they had been licensed to do so. Held: They indeed had no power to do so either under the Act of 1606, cap.17, for staying … Continue reading McAra v Magistrates of Edinburgh: 1913
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
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
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
‘I take it to be clear law that, if a man use the land over which there is a right of way for any purpose, lawful or unlawful, other than that of passing and repassing, he is a trespasser.’ Judges: Crompton J, Erle J Citations: (1855) 4 E and B 860 Jurisdiction: England and Wales … Continue reading Regina v Pratt: 1855
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
The defendant was prosecuted after selling hot dogs from a van parked on a busy street in Oxford. The court was asked when such would become an illegal obstruction. Held: Such a use ‘could not . . be said to be incidental to the right to pass and repass along the street.’ Lord Parker CJ … Continue reading Nagy v Weston: QBD 1965
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
The office of Secretary of State is in theory one and indivisible.Lord Campbell CJ stated: ‘In practice, to the Secretary of State for the Home Department . . belongs peculiarly the maintenance of the peace within the kingdom, with the superintendence of the administration of justice as far as the Royal prerogative is involved in … Continue reading Harrison v Bush: 1855
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
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
The owner of Stonehenge had enclosed the monument by fencing for its protection. The Attorney-General wished to remove the fencing in order to keep the place open so that the public could visit it. Held: The court rejected a suggestion that there existed public rights of access to the ancient site of Stonehenge, despite the … Continue reading Attorney-General v Antrobus: ChD 1905
Orders of justices of peace, made in pursuance of the Excise laws, may be removed by certiorari: and the words ‘party, person,’ andC. in the Act of 23 G 2, C 18, do not include the Crown; therefore a certiorari, on the motion of His Majesty’s Attorney General, was directed to issue, although the time … Continue reading Rex v Berkley and Bragge: 1819
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
A sheriff passed a comment that he would not grant legal aid to a miner. He was overheard by a solicitor. The solicitor subsequently asked that sheriff to recuse himself on applications for legal aid by miners accused of breach of the peace while picketing during the strike. Held: The sheriff should have stood by. … Continue reading Bradford v McLeod: HCJ 1985
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
(Court of Appeal in Ireland) The plaintiff, a nationalist Member of Parliament, sued the defendant for assault and battery. There had been a meeting which was to be held on 7 December 1880. On the day before, a placard appeared summoning local Orangemen to assemble to oppose the meeting. The defendant, who was a justice … Continue reading O’Kelly v Harvey: 1882
Trespass for assaulting, and turning plaintiff out of a police office. Plea, that two of the defendants, being justices of the peace, were assembled in a police office to adjudicate upon an information against AB for an offence against a penal statute, and were proceeding to hear and determine the same, when the plaintiff (being … Continue reading Collier v Hicks: 7 Jun 1831
The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be ‘heard and finally determined by one or more justices . . ‘ The decision of the justices was in error on its face, and did not state sufficient grounds to make … Continue reading Rex v Plowright: 1686
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
‘It was adjudged, that if one exhibits articles to justices of peace against a certain person, containing divers great abuses and misdemeanors, not only concerning the petitioners themselves, but many others, and all this to the intent that he should be bound to his good behaviour; in this case the party accused shall not have … Continue reading Cutler v Dixon: KBD 1585
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
Mr McKenzie was a litigant in person who wished to be assisted by a young Australian barrister, gratuitously, in the conduct of his case by sitting beside the husband in Court and prompting him. The hearing was in open Court . The friend’s conduct attracted the attention of the Judge who intimated that he should … Continue reading McKenzie v McKenzie: CA 10 Jul 1970
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
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
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
A borough may be a ‘town corporate’ within the licensing act, 9 G 4, c. 61, s. 1, though it has no separate court of Quarter Sessions. – A licence was granted by the justices of the borough of M, – a place having a separate commission of the peace, but no separate court of … Continue reading Brown v Nicholson: 17 Nov 1858
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 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
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
The court was asked as to the interaction between the right and the duty of a local authority to remove obstructions from its highways, on the one hand, and the right of the individual citizen to use those highways to exercise his or her right to freedom of expression, on the other hand. It is … Continue reading Westminster City Council v Haw: QBD 4 Oct 2002
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
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
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
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
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
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
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
On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it was asserted that the Watch Committee of the local authority were vicariously liable. The plaintiff pointed to his Oath of Office: ‘I . . . . . . . . . of . . . . . . . … Continue reading Fisher v Oldham Corporation: KBD 1930
If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night. Constables were described as ministers of the King. Citations: (1611) 9 Co Rep 65 … Continue reading Mackalley’s case: 1611
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
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
There was a dispute about the legitimacy of an heir to the title. New evidence had been discovered after the trial. Held: The House considered whether a new trial of an action might be ordered after discovery of new evidence: ‘The law knows, and we all know, that sometimes fresh material may be found, which … Continue reading The Ampthill Peerage Case: HL 1977
