The plaintiff complained after the purchase of a Fiat Omnibus chassis ‘for the road’, to be used for the conveyance of passengers around Bristol, in heavy and hilly traffic conditions. The chassis proved unfit for this purpose on account of breaking-down too often. Held: There was an implied condition that the omnibus should be reasonably … Continue reading Bristol Tramways and Carriage Co Ltd v Fiat Motors Ltd: CA 1910
Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010
Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the money, but, because he (the magistrate) considered that it … Continue reading Jackson v Chief Constable of West Midlands Police: QBD 22 Oct 1993
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
The applicant was sentenced to 18 months’ imprisonment for handling stolen currency notes from travellers at an airport. The police retained cash from his house, which he claimed. He applied for its return. The police not having opposed the application, now sought judicial review of the award of his costs. Held: Lord Denning would have … Continue reading Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis: CA 1981
Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They applied to the Magistrates who turned down the application. Held: The money should be returned ‘ . . once it is clear that the claimant is … Continue reading Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003
The defendant had been convicted of stealing petrol to use in his hire-purchase car. The court ordered cessation of his interest in the car as part of its sentence. He appealed. Held: The appeal succeeded. After the order had been made, the appellant had sold the car (which had not been taken into the possession … Continue reading Regina v Kearney: CACD 11 Mar 2011
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
Held ( rev. judgment of the First Division and restoring judgment of Lord Kyllachy, Ordinary) that the local authority, for the purposes of the Public Health Act 1897, within an area comprised within the ancient royalty of a royal burgh, but outside the area of the burgh for police purposes, was the district committee of … Continue reading District Committee of Lower Ward of Lanarkshire v Magistrates of Rutherglen: HL 5 Aug 1902
Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful. Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time. Judges: Mittng J Citations: [2006] … Continue reading Merseyside Police v Hickman and Another: Admn 1 Mar 2006
After conviction for licensing offences, the police seized a sum of money from the respondent which they alleged was the proceeds of unlicensed sales. The magistrates made no order on conviction, so the police brought the issue under the Act. The magistrate found that the money was the proceeds of illegal trading, but nevertheless held … Continue reading Chief Constable of West Midlands Police v White: CA 13 Mar 1992
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015
The complainant made a request to the Police Service of Northern Ireland (‘PSNI’) for information pertaining to travel arrangements made by or on behalf of the son of the PSNI’s former Chief Constable. The request consisted of 2 parts. The PSNI refused to confirm or deny whether it held the information as requested in Part … Continue reading Police Service of Northern Ireland (Decision Notice): ICO 13 Dec 2010
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001
The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999
At common law, it is contrary to constitutional principle and illegal to search someone to establish whether there are grounds for an arrest Citations: (1897) 2 Adam 255 Jurisdiction: England and Wales Cited by: Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015 The Court … Continue reading Jackson v Stevenson: 1897
The plaintiff had paid to enter the cinema, but was asked to leave by the manager who said he had not paid. He was forcibly removed. The jury found as a fact that he had paid the entrance fee. The defendant argued that the plaintiff had only a revocable licence to enter the premises, and … Continue reading Hurst v Picture Theatres Ltd: CA 1915
The 1889 Act gave statutory undertakers who had incurred expenditure in removing a sunken vessel a right ‘to recover such expenses from the owner of such vessel in a court of summary jurisdiction.’ the undertakers began their action in the High Court, and appealed dismissal of the claim. Held: The appeal failed. Such expenses were … Continue reading Barraclough v Brown: HL 1897
Appeals against decisions by magistrates under the Act can be by way of application for judicial review. Citations: [2001] EWHC Admin 446 Statutes: Police (Property) Act 1897 1(1) Jurisdiction: England and Wales Cited by: Cited – Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court Admn 18-Jun-2003 Money had been taken … Continue reading Regina (on the application of Chief Constable of Northamptonshire Police) v Daventry Justices: 2001
A suspected thief had left a valuable ring with the claimant jewellers for valuation. They reported the matter to the police and handed the ring to them. The suspected thief never reappeared, and no-one claiming to be the true owner emerged. The police did not return the ring to the jewellers, who applied to the … Continue reading Raymond Lyons and Co Ltd v Metropolitan Police Commissioner: QBD 1975
The wife of an offender applied for an order of mandamus requiring Magistrates to determine an application under s.1 of the 1897 Act for delivery to her of a car which the Crown Court had held was used in an offence and then had made an order under section 43 of the 1973 Act. Held: … Continue reading Regina v Chester Justices ex parte Kenneth Smith: QBD 1978
The offender, a partner in a business, used a lorry which was partnership property to steal coal. The other partner was unaware of that use. An order had been made in the Crown Court to deprive the offender of his rights in the lorry. Held: The order was quashed. After referring to the application made … Continue reading Regina v Troth: CACD 1979
A workman who ruptured himself by an act of over-exertion in trying to turn a wheel was held to have suffered an injury ‘by accident.’ The act of turning the wheel was not in itself an accident. But the injury which the man sustained while carrying out this task fell within the ordinary meaning of … Continue reading Fenton v J Thorley and Co Ltd: HL 1903
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act 1901, sec. 5, enacts-‘The powers and duties of the town council of any burgh, as the authority under the principal Act [ i.e., by sec. 1, the Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55)] with reference to sewerage and drainage or water … Continue reading Montgomerie and Co Ltd v Haddington Burgh: HL 21 Feb 1908
The Public Health (Scotland) Act 1897 in sec. 136 enacts-‘With respect to burghs subject to the provisions of the Burgh Police (Scotland) Act 1892, or having a local Act for police purposes, all charges and expenses incurred by or devolving on the local authority in executing this Act, . . and not recovered as hereinbefore … Continue reading Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
Whether Statement defamatory at common law The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual. Held: The appeal failed.Sir Anthony Clarke MR said: ‘no reasonable reader of the words complained of could … Continue reading Jeynes v News Magazines Ltd and Another: CA 31 Jan 2008
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
The claimant had been convicted and served his time for possession of a large collection of obsolete or antique firearms. He now sought their return. The police replied that he was in any event out of time. Held: ‘Section 3(2) of the 1980 Act is, at least in the context of that Act, a somewhat … Continue reading Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021
The police seized from the claimant certain cloth believing it to be stolen from Carter Paterson and delivered it to Carter Paterson, without any order under the 1897 Act. The claimant sued the receiver and Carter Paterson. Held: Since the theft could not be established and the delivery had been made without any order under … Continue reading Betts v Receiver of Metropolitan Police District and Carter Paterson and Co Ltd: 1932
(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. … Continue reading Love v National Crime Agency: 10 May 2016
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The claimant, a British National Party member had been the subject of the … Continue reading Merseyside Police v Owens: Admn 31 May 2012
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a … Continue reading Buttes Gas and Oil Co v Hammer (No 3): HL 1981
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
The Duke claimed that the King of Hanover had been involved in the removal of the Duke from his position as reigning Duke and in the maladministration of his estates.
Held: ‘A foreign Sovereign, coming into this country cannot be made . .
Goods were seized by the police from the claimant. Neither the claimant nor the defendant could establish that they were the true owners. Under section 1 the first court directed the goods to be delivered to the defendant as the person who appeared . .
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The offender had used, a friend’s car to commit a drugs offence. A further, third person claimed to be the hirer under a hire purchase agreement. The judge made an order under section 143 refusing to hear evidence about the hiring of the car. Held: The order was quashed. There was no evidence that the … Continue reading Regina v Brookes: CACD 2003
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage. Held: Proof of damage was not necessary in the tort of misfeasance in public office. The prisoner would be awarded andpound;5.00 nominal damages against the … Continue reading Watkins v Secretary of State for The Home Departmentand others: CA 20 Jul 2004
The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit further sums, though grants had not been taken out. The DPP applied to vary the … Continue reading Maye, Re (Northern Ireland): HL 6 Feb 2008
The chief constable appealed against an order finding him in contempt of court. A car had been impounded, being a cloned vehicle. The police had taken the issue to court for a decision as to its ownership. When the parties had agreed on ownership, the police had instead of returning the car to the owner … Continue reading Price v Dobson: Admn 29 Mar 2006
Mrs Carter had paid a man to murder someone. The man was an undercover police agent. In time Mrs Carter was convicted of soliciting to commit murder, but Mr Carter was acquitted. She disclaimed all interest in the money she had paid in favour of her husband. He applied to the Magistrates under the Act, … Continue reading Regina (on the application of Carter) v Ipswich Magistrates’ Court: Admn 2002
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
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
