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William Cory and Son Limited v Inland Revenue Commissioners: CA 1964

Lord Denning MR discussed what was meant by delivery of a document in escrow: ‘When an instrument is delivered in escrow, that only means that it is delivered on condition (which may be expressed or implied by conduct) that it is not to be operative until some condition is performed: see Norton on Deeds 2nd … Continue reading William Cory and Son Limited v Inland Revenue Commissioners: CA 1964

Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges. Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured. Held: The employer’s appeal succeeded. … Continue reading Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

Brayhead (Ascot) Ltd v Berkshire County Council: CA 1964

Planning permission had been granted subject to conditions, but no reasons had been given for the imposition of those conditions. The Order required the local planning authority to state its reasons in writing if it decided to grant planning permission subject to conditions. It was argued that the lack of reasons meant that the conditions … Continue reading Brayhead (Ascot) Ltd v Berkshire County Council: CA 1964

Lewis v Daily Telegraph Ltd: HL 1964

Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964

Connelly v Director of Public Prosecutions: HL 1964

Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

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

General Accident Car and Life Assurance Corporation Ltd v Foster: CA 1972

The court considered the use of the word ‘proceedings’ in the 1964 Act: ‘The first point is: what are the ‘proceedings’? Are they the proceedings from beginning to end – from the very first time when legal aid was granted? I think not. The only ‘proceedings’ with which we are concerned is the interlocutory appeal … Continue reading General Accident Car and Life Assurance Corporation Ltd v Foster: CA 1972

Davies v Taylor (No 2): HL 2 Jan 1974

The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs. Held: ‘In this case the solicitors, no doubt first instructed by the insurance company, were the solicitors on the record as the solicitors for the respondent. They acted … Continue reading Davies v Taylor (No 2): HL 2 Jan 1974

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Regina v Z (Prior acquittal): HL 22 Jun 2000

The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of the new charge. Held: Similar fact evidence was not inadmissible only because it … Continue reading Regina v Z (Prior acquittal): HL 22 Jun 2000

Wilson v Truelove: ChD 25 Mar 2003

The claimants requested a declaration that an option to repurchase land was void under the 1964 Act. Held: The option to repurchase land was prima facie void. The right arose on the coming into existence of the agreement, or at the latest on the original purchase. The defendants sought assistance in equity under an estoppel … Continue reading Wilson v Truelove: ChD 25 Mar 2003

Willers v Joyce and Another (Re: Gubay (Deceased) No 2): SC 20 Jul 2016

The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. Held: The court set out the position in law and … Continue reading Willers v Joyce and Another (Re: Gubay (Deceased) No 2): SC 20 Jul 2016

Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

George Moore v The State: PC 29 Jan 2001

(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the defect, it remained substantial and confusing. The judge also misdirected the jury as to the … Continue reading George Moore v The State: PC 29 Jan 2001

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

John M, Regina v: CACD 14 Nov 2003

The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the defendant must be able (a) to understand the questions he is asked in the … Continue reading John M, Regina v: CACD 14 Nov 2003

Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998

The claimants had brought proceedings against their former sales manager for accepting bribes and secret commission from outsiders. In support of their claim the claimants had obtained a search and seizure order and a worldwide freezing injunction, apparently using their agents to impersonate the defendant in order to discover information about his Swiss bank accounts. … Continue reading Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

Rose and Frank Co v J R Crompton and Bros Ltd: CA 1923

The court considered whether a contract had been brought into existence. Held: Scrutton LJ said: ‘Now it is quite possible for parties to come to an agreement by accepting a proposal with the result that the agreement does not give rise to legal relations. The reason for this is that the parties do not intend … Continue reading Rose and Frank Co v J R Crompton and Bros Ltd: CA 1923

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Lee v Showmens Guild of Great Britain: CA 1952

Decisions of inferior tribunals, including arbitrators, were reviewable on the basis of general error of law on record for which certiorari might issue. A decision may be reviewable where there was no evidence supporting particular conclusions.Denning LJ said: ‘The jurisdiction of a domestic tribunal, such as the committee of the Showmen’s Guild, must be founded … Continue reading Lee v Showmens Guild of Great Britain: CA 1952

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Cowan v Scargill and Others: ChD 13 Apr 1984

Trustee’s duties in relation to investments Within the National Coal Board Pension scheme, the trustees appointed by the NCB were concerned at the activities of the trustees of the miners, and sought directions from the court. The defendants refused to allow any funds to be invested abroad. Held: The same principles applied to pension funds … Continue reading Cowan v Scargill and Others: ChD 13 Apr 1984

Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

A local newspaper circulating in Teesside, where the claimant had been appointed deputy headmaster of a school, published an article in 1973 saying of the claimant that he was a former Roman Catholic priest who had left his parish in the Salford diocese and later married and it was claimed of him that he ‘went … Continue reading Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

Rahimtoola v Nizam of Hyderabad: CA 1957

The court considered the doctrine of state immunity. Lord Denning MR said: ‘If the dispute brings into question, for instance, the legislative or international transactions of a foreign government, or the policy of its executive, the court should grant immunity if asked to do so, because it does offend the dignity of a foreign sovereign … Continue reading Rahimtoola v Nizam of Hyderabad: CA 1957

National Provincial Bank Limited v Ainsworth: HL 1965

The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding interest. A purchaser of land and in particular a reversion to a lease, will … Continue reading National Provincial Bank Limited v Ainsworth: HL 1965

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague: CA 5 Jun 1990

A decision to segregate a prisoner under rule 43 is to be made by the governor of the prison where he is held. Taylor LJ said: ‘Apart from the urgency of decisions under r 43, there may well be other public policy grounds for not giving reasons in advance to the prisoner so as to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague: CA 5 Jun 1990

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Ridge v Baldwin (No 1): HL 14 Mar 1963

No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963

Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Connolly v Dale: QBD 11 Jul 1995

The applicant defendant’s enquiry agent was prevented by officers responsible to Detective Superintendent Dale from identifying and interviewing potential witnesses for trial who might support his alibi. When the agent had sought to show a photograph of the applicant to people at a hostel, he was prevented from doing so by police officers because of … Continue reading Connolly v Dale: QBD 11 Jul 1995

Fourie v Le Roux and others: HL 24 Jan 2007

The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007

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

Regina v Forest of Dean Justices ex parte Farley: CACD 1990

The prosecutor had charged the defendant first with drink driving so as to take advantage of the provision placing upon the defendant the burden of proving that he had taken drink after the traffic accident and before testing. It iintended then to present a charge of causing death by dangerous driving in the Crown Court … Continue reading Regina v Forest of Dean Justices ex parte Farley: CACD 1990

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

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

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Marckx v Belgium: ECHR 13 Jun 1979

Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979

Skuse v Granada Television: CA 30 Mar 1993

The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993

Lloyds Bank plc v Rosset: CA 13 May 1988

Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

Phipps, Regina v: CACD 14 Jan 2005

The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an abuse of process. He asserted that the rule in R v Erlington should have prevented his … Continue reading Phipps, Regina v: CACD 14 Jan 2005

Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and … Continue reading Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

Silver And Others v The United Kingdom: ECHR 25 Mar 1983

There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were restrictive. Held: ‘it is true that those applicants who were in custody may have experienced some annoyance and sense of frustration as … Continue reading Silver And Others v The United Kingdom: ECHR 25 Mar 1983

Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Jackson and others v Attorney General: HL 13 Oct 2005

The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Miller v The College of Policing: CA 20 Dec 2021

Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this appeal, sets out the national policy in relation to the … Continue reading Miller v The College of Policing: CA 20 Dec 2021

Regina v Sang: HL 25 Jul 1979

The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All evidence which is relevant is prima facie admissible in a criminal trial, although the trial judge has a discretion … Continue reading Regina v Sang: HL 25 Jul 1979

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Binod Sutradhar v Natural Environment Research Council: CA 20 Feb 2004

The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it. Held: There is a close link between the tests in law for proximity and foreseeability. The report was a short term pilot report, and could … Continue reading Binod Sutradhar v Natural Environment Research Council: CA 20 Feb 2004

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Swift 1st Ltd v Colin and Others: ChD 27 Jul 2011

The parties disputed the effects of charges over a property. A charge had not been registered, but merely noted on the registers. The defendants had purchased it from another chargee acting under a power of sale. The defendants had applied to be registered, but the Land Registry had declined to register them. Held: The Land … Continue reading Swift 1st Ltd v Colin and Others: ChD 27 Jul 2011

Financial Times Ltd and Others v The United Kingdom: ECHR 15 Dec 2009

The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic sources. Held: The protection of journalistic sources was part of the protection of freedom of expression: ‘protection of … Continue reading Financial Times Ltd and Others v The United Kingdom: ECHR 15 Dec 2009

Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979

Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979

Lachaux v Independent Print Ltd (1): CA 12 Sep 2017

Defamation – presumption of damage after 2013 Act The claimant said that the defendant had published defamatory statements which were part of a campaign of defamation brought by his former wife. The court now considered the requirement for substantiality in the 2013 Act. Held: The defendant’s appeal failed: ‘, the gravity of the imputations derived … Continue reading Lachaux v Independent Print Ltd (1): CA 12 Sep 2017

Nolan v Wright: ChD 26 Feb 2009

The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement amounted to an extortionate bargain would not be a substantive relief, and was therefore … Continue reading Nolan v Wright: ChD 26 Feb 2009