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 compensation under the 1978 Regulations. On remittal of the case, they had found … Continue reading Secretary of State for Justice v Slee: CA 24 Jan 2011
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 and acceded to the claim. The Secretary of State appealed, saying that the Tribunal had failed properly to apply … Continue reading Secretary of State for Justice v Slee (2): Admn 22 Jan 2010
Citations: [1892] SLR 30 – 186 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019 (First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. … Continue reading Macleod v Lewis Justices of Peace: SCS 20 Dec 1892
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 the re-organisation had been ring-fenced, for a choice between herself and a co-worker, but she … Continue reading Slee v Secretary of State for Justice (1): Admn 19 Nov 2007
EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007
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 . .
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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 defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
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
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
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
Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
The defendant was involved in a fight at a parish dinner and it was suggested that he had hit the claimant by mistake, giving him two black eyes. The jury were that even on that premise he would be liable. Judges: Mr Justice Bosanquet Citations: (1832) 5 Car and P 372, 172 ER 1015 Jurisdiction: … Continue reading James v Campbell: 1832
A talaq pronounced in England as between parties who were Saudi nationals was not to be recognised in English law as a valid extra judicial overseas divorce, even though it otherwise complied with Sharia law. Section 44(1)(a) provides that no divorce obtained in any part of the British Islands is effective in any part of … Continue reading Sulaiman v Juffali: FD 9 Nov 2001
EAT UNFAIR DISMISSAL – Constructive unfair and discriminatory dismissal RACE DISCRIMINATION PRACTICE AND PROCEDURE – Judicial proceedings immunity The Claimant headteacher is alleging in proceedings currently adjourned part-heard that she was the victim of a concerted campaign of racial discrimination, harassment and victimisation, pursued by parents, staff and governors at the school, and encouraged by … Continue reading Singh v Reading Borough Council: EAT 12 Feb 2013
The appellant landowner had a public bridleway over his land. It passed over an old cattle grid. He had constructed a gate to the side of the track. It was not part of the public highway. He now appealed from a refusal of an order for the Council to remove cattle grid and re-instate the … Continue reading Kind v Northumberland County Council: Admn 14 Mar 2012
The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest. Held: the judge had indeed struck out the entire proceedings. The … Continue reading John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997
An Act of Parliament not printed, ordains, that the quarter-sessions to be held for the county of Anglesey, shall he held at Beaumarrice in that county, and not elsewhere ; indictments of felony were found at Newburgh in the said county against several persons at a quarter-sessions held there after the said act; the justices … Continue reading Case XLIX 5 and 6 E6: 1220
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing … Continue reading Martine v South East Kent Health Authority: CA 22 Mar 1993
An action was raised against Justices of Peace for neglect and failure in the performance of their duty. They pleaded the Act 24 Geo. II., c. 44, as protecting them in the execution of their office. Held that this Act applied to Scotland. Reversed in the House of Lords. Citations: [1755] UKHL 6 – Paton … Continue reading The Duke of Douglas v John Lockhart of Lee, and James Somervel of Corehouse Et E Contra: HL 27 Mar 1755
The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in the Second World War. Held: The review … Continue reading Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005
The defendant appealed against his conviction for having had unlawful sex with an underage girl. He had pleaded guilty but now said this had been n a misunderstanding of the law. He had believed the girl to be 15, but his belief that that belief was insufficient was disturbed by a decision of the Supreme … Continue reading Brown, Regina v: CANI 8 Sep 2011
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
Forfeiture for Treason – An act of parliament, passed on the 7th of May 1716, enacts that the persons therein mentioned, should, under tain of attainder, surrender themselves to a justice of the peace by a day certain. A person, who had surrendered by letter to the commander in chief, before the passing of the … Continue reading The Commissioners and Trustees of The Forfeited Estates v Sir James Macdonald of Slate, Bart: HL 11 Jun 1720
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
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
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the judge should have given directions as to the meaning of ‘substantially’ in the context of his acknowledged impairment. … Continue reading Golds, Regina v: SC 30 Nov 2016
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory. Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant … Continue reading Blench v Director of Public Prosecutions: Admn 5 Nov 2004
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her to live. Held: ‘On the basis of the unanimous medical evidence … Continue reading Portsmouth NHS Trust v Wyatt and others: FD 7 Oct 2004
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
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
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
Appeal by way of case stated from the decision of the Liverpool, Knowsley and St Helens Magistrates’ Court that the respondents, Miriam Instone and Peaceful Warrior, had no case to answer in respect of an alleged offence of aggravated trespass contrary to s.68(1) of the Criminal Justice and Public Order Act 1994 Judges: Lord Burnett … Continue reading Director of Public Prosecutions v Instone and Another: Admn 15 Jul 2022
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 desist … Continue reading McKenzie v McKenzie: CA 10 Jul 1970
Supreme Court of Ireland Murray CJ said: ‘[T]he retrospective effect of a judicial decision is excluded from cases already finally determined. This is the common law position … No one has ever suggested that every time there is a judicial adjudication clarifying or interpreting the law in a particular manner which could have had some … Continue reading A v The Governor of Arbour Hill Prison: 10 Jul 2006
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
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate. Held: There had been a violation of art 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with art 6(1), because … Continue reading Salduz v Turkey: ECHR 27 Nov 2008
The petitioner sought a declarator that an area of land on the edge of the village of Collin was not a ‘road’ capable of being added by the respondents, Dumfries and Galloway Council, to their list of public roads under section 16 of the 1984 Act. The court was asked as to the nature of … Continue reading Hamilton v Dumfries and Galloway Council: SCS 24 Feb 2009
The claimants said that the restrictive tactics used by the respondent when policing crowds at a royal wedding. Held: The appeals failed. The police had reasonable grounds for suspecting that the claimants were likely to cause a breach of the peace, and the arrests and holding for court were not unnecessary. Held: The decision was … Continue reading Hicks and Others, Regina (on The Application of) v Commissioner of Police of The Metropolis: CA 22 Jan 2014
The defendant (A) and the prosecutor (L), an off duty constable not in uniform, awaited a bus. A pushed past the queue, whose members objected. L stood in his way. A pushed past onto the step of the bus, turned, grabbed L’s lapel and made to hit him. L in self defence pulled A from … Continue reading Albert v Lavin: QBD 1980
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop. Held: The police were correct to anticipate a breach of the peace … Continue reading Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others: CA 8 Dec 2004
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 5-1 as regards the applicantThe applicant complained of violation of his article 5 rights in successive periods of detention. The first period of five weeks was under a broad provision of the criminal code which permitted preventive detention in connection … Continue reading Jecius v Lithuania: ECHR 31 Jul 2000
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant. Held: The appeal failed. The fact that a motive was not the sole motive did … Continue reading Johnson v Director of Public Prosecutions: Admn 26 Feb 2008
The applicants complained of the action and inaction of members of an international security force (‘KFOR’) that had been deployed in Kosovo pursuant to Security Council Resolution 1244 (1999). Held: The applications were inadmissible. The Court was not competent ratione personae. This was because the individual respondents fell to be treated as part of KFOR … Continue reading Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007
The claimant had resigned as a magistrate after a refusal of his requirement that he not be asked to sit on adoption applications involving same sex couples. Held: The request was an abdication of the duties of a magistrate, and his claim failed. EAT Religion or beliefThe appellant was a Justice of the Peace. He … Continue reading McClintock v Department of Constitutional Affairs: EAT 31 Oct 2007
Protesters handed out leaflets and carried posters outside the plaintiff’s estate agency. He claimed in trespass over the public footpath outside his premises. The defendants appealed the grant of an interlocutory injunction to prevent their demonstrations. Held: The injunction was upheld. The question of rights to use the highway was irrelevant; the court was concerned … Continue reading Hubbard v Pitt: CA 1976
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun. Held: There was no justification for reading the wording of the two Acts differently despite the extended time limit allowed by the 1967 Act. The time … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 22 Mar 2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should be admissible. Held: The jurisdiction of the court was not an appellate one, and therefore … Continue reading Betterment Properties (Weymouth) Ltd v Dorset County Council: ChD 2 Mar 2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
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 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
