The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
A claim was lodged against a former president as well as the current secretary of the European Commission of Human Rights. The former president, Sir Humphrey Waldock, was under the 1960 Order entitled to ‘the like immunity from legal process as is accorded to an envoy of a foreign sovereign power’. Held: With reference to … Continue reading Zoernsch v Waldock: CA 1964
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006
The second defendant had received large numbers of stolen books and sold them from his stall. An application for compensation was made at his trial. Compensatory and exemplary damages were sought, but the court had to consider how to estimate the losses and unlawful gains. The defendant argued that since he had been imprisoned, exemplary … Continue reading Borders (UK) Ltd and others v Commissioner of Police of the Metropolis and Another: CA 3 Mar 2005
The cover on a cauldron of exceedingly hot molten sodium cyanide was accidentally knocked into the cauldron and the plaintiff was damaged by the resultant explosion. Held: The plaintiff’s claim failed. The defendant employer owed a duty of care in respect only of a foreseeable risk, that of splashing of the liquid if the cover … Continue reading Doughty v Turner Ltd: CA 1964
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003
Appeal from convictions of causing a public nuisance by inciting others to cause a public nuisance by obstructing the highway and two counts of himself causing a public nuisance in the same way. He was said to have lead demonstrations in London, attempting to breach police lines. The fundamental question was whether after the exercise … Continue reading Regina v Chandler: CCA 5 Feb 1964
Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown Court.Lightman J said: ‘It seems to me quite clear that on the basis of that … Continue reading Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998
Justices considering an application for a licensee’s protection order may consider wider issues than just whether applicant was a ‘fit and proper person’. Citations: Ind Summary 24-Jul-1995 Statutes: Licensing Act 1964 10 Licensing Updated: 18 May 2022; Ref: scu.78574
The plaintiff police officers had been disciplined by transfer in 1957 as a result of a report by an officer who was subsequently discredited. After their accuser was discredited they sought a declaration that the disciplinary action taken against them had been taken contrary to natural justice. Held: Lord Denning MR said that: ‘It is … Continue reading Merricks and Another v Nott-Bower: CA 1964
Evidence obtained by false representations, threats and bribes by the police may be excluded at the discretion of the judge. For voluntariness to be satisfactorily proved, proof must be provided to the standard of beyond reasonable doubt.Lord Parker of Waddington LCJ said: ‘(It is) a fundamental principle of law that no answer to a question … Continue reading Callis v Gunn: CCA 1964
Double jeopardy, properly understood, is best described in the phrase ‘No man should be tried twice for the same offence’. The court emphasised the word ‘tried’. Judges: McNeill J Citations: [1983] 1 WLR 447 Citing: Cited – Connelly v Director of Public Prosecutions HL 1964 Plea of Autrefois Acquit is Narrow in ScopeThe defendant had … Continue reading Regina v Police Complaints Board ex parte Madden and Rhone: 1983
Section 3 of the 1861 Act abrogated the common law rule that a change of domicile operated as a revocation of a testamentary disposition. The long title of the Act was ‘An Act to amend the law with respect to wills of personal estate made by British subjects’ Held: The section was of general application. … Continue reading Ward v Holman: 1964
A plain clothed off duty police officer gained entry to premises by production of his warrant card. He enquired as to the immigration status of the two residents. He told them they were in breach of the immigration regulations, and demanded sexual favours, which the female resident acceded to, in return for his refraining from … Continue reading Makanjuola v Commissioner of Police for the Metropolis: 1990
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
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
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
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987
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
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs. Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing and that it was in general not a defence for him to … Continue reading Warner v Metropolitan Police Commissioner: HL 1968
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
A window cleaner employed by an independent contractor was injured at the factory.
Held: There is nothing new in construing legislation designed for the protection of workers as inapplicable to other visitors to the relevant premises. Viscount . .
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
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
The respondent, a probationer police constable was convicted for obstructing police officers in the execution of their duty under s51(3) of the 1964 Act. He was a regular in a bar he knew was to be raided. He warned the landlord who complied with the law that evening. A plain clothes constable was to drink … Continue reading Green v Moore: 1982
Home Secretary is not obliged to accept findings of fact from appeal tribunal. Citations: Times 18-Mar-1994 Statutes: Police Act 1964 37 Jurisdiction: England and Wales Police Updated: 26 October 2022; Ref: scu.87982
The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not … Continue reading D’Souza v Director of Public Prosecutions: HL 15 Oct 1992
Citations: [1997] EWHC Admin 377 Links: Bailii Statutes: Police Act 1964 51(4) Crime, Police Updated: 25 May 2022; Ref: scu.137322
Citations: [1997] EWHC Admin 130 Links: Bailii Statutes: Police Act 1964 51(3) Crime Updated: 25 May 2022; Ref: scu.137075
Citations: [1996] EWHC Admin 140 Links: Bailii Statutes: Police Act 1964 51(3) Crime Updated: 25 May 2022; Ref: scu.136688
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before administering a breath test. Meanwhile the appellant consumed more alcohol supplied … Continue reading Dibble v Ingleton: 1972
A claim was made against the Chief Constable of Lancashire for trespass, wrongful imprisonment, false arrest and assault. The Chief Constable’s response to the letter before action was to write to the plaintiff’s solicitors stating he had decided to call for an investigation under section 49 of the Police Act 1964, that the investigating officer … Continue reading Neilson v Laugharne: CA 1981
A Police Constable was not acting in the course of his duty in restraining a person wrongly thought to have been arrested. Citations: Times 05-Aug-1994 Statutes: Police Act 1964 5-1 Crime Updated: 09 April 2022; Ref: scu.82749
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
The Home Secretary was entitled to decide an appeal on the papers before him even if he disagrees with the Inspector’s conclusions. Times 17-May-1994 Police Act 1964 37 England and Wales Police Updated: 01 January 2022; Ref: scu.87749
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She resisted, and injured him. Held: There was no arrest, and … Continue reading Collins v Wilcock: QBD 1984
No Legal Duty to Assist a Constable At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the execution of his duties: … Continue reading Rice v Connolly: 1966
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force . .
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
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
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 defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
When a defendant claimed qualified privilege and the Plaintiff alleged that the words complained of were issued with malice, the defendant will not prevented from reliance on qualified privilege if it can show that the words have an honestly intended meaning without malice. The subjective intention of a defendant was an issue for the jury. … Continue reading Loveless v Earl; Capital and Counties (Financial Services) Limited: CA 4 Nov 1998
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
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
Bayley J said: Upon the great point, viz. whether it is a good defence to an action for slander for a defendant to show he heard it from another, and at that time named the author, I am of the opinion that it is not’ and ‘the law will not permit a man to recover … Continue reading McPherson v Daniels: 1829
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller additional image for each original. Though the thumbnail images were no longer accessible without the original, they remained on the … Continue reading Porter, Regina v: CACD 16 Mar 2006
The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action. Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in the claimant’s criminality, could not be established by simply stating that publication had been a repetition of … Continue reading Shah and Another v Standard Chartered Bank: CA 2 Apr 1998
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The procedure for determining whether words were defamatory was intended to be summary; appeals are to be discouraged. The new rule was intended to lay down a swift and inexpensive procedure in chambers to eliminate meanings which the words are plainly incapable of bearing. Hirst LJ said: ‘I would strongly wish to discourage appeals under … Continue reading Hinduja and Another v Asia TV Limited: CA 25 Nov 1997
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 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 police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section made no distinction. The sentence was however reduced. Judges: Mantell LJ, Gray J, David Clarke QC … Continue reading Regina v Bett: CACD 12 Oct 1998
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
The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt. Held: A defamation was not to be justified in respect of extracts from affirmations in pending lawsuits. The court applied … Continue reading Stern v Piper and Others: CA 21 May 1996
The court was asked whether Lister and Co v Stubbs 45 ChD 1, a decision of the Court of Appeal, was binding on him or whether he could apply the Privy Council’s decision in Attorney General for Hong Kong v Reid Held: On the facts of the case the judge was able to distinguish Lister … Continue reading Daraydan Holdings Limited, Cairn Estates Limited and Others v Solland International Limited and Others: ChD 26 Mar 2004
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
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
In an action for a libel, it is no plea, that the defendant had the libellous statement from another, and upon publication disclosed the author’s name. Judges: Best CJ Citations: [1829] 5 Bing 392, [1829] EngR 350, (1829) 5 Bing 392, (1829) 130 ER 1112 Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – … Continue reading De Crespigny v Wellesley: 9 Feb 1829
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 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
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
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
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as he got off the bus. False charges were laid and he spent a … Continue reading Subiah v The Attorney General of Trinidad and Tobago: PC 3 Nov 2008
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued. Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had … Continue reading Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004
The claimant, a professional cyclist, sought damages in defamation, saying that the defendant newspaper had implied that he had taken performance enhancing drugs. The case was to be heard by judge alone. The court considered how to deal with the task of identifying the meanings involved. Held: ‘the over-arching question is what overall impression The … Continue reading Armstrong v Times Newspapers Ltd: QBD 30 Jun 2006
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 claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP. Held: The appeal failed. ‘the journalist has a good defence to a claim for libel if what … Continue reading Roberts and Another v Gable and others: CA 12 Jul 2007
The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism. Held: The appeal succeeded. Keene LJ said: ‘It is unusual for this court to overturn a judge who has ruled that a … Continue reading Associated Newspapers Ltd v Burstein: CA 22 Jun 2007
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
PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent. Held: The Board considered whether it would be correct to require an additional prerequisite of intention or conscious recklessness before an award of exemplary damages. Such a requirement would always bring evidential difficulties and ‘courts … Continue reading A v Bottrill: PC 9 Jul 2002
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The two claimants sought title to a car registration plate and to a chassis number. They were to be applied to historic racing cars. Held: The power to assign registration marks lay with the Secretary of State. Any legal rights rested not with a car but with a legal person, which a car is not. … Continue reading Lloyd v Svenby: QBD 27 Feb 2006
(January 1985) The court must look to the underlying nature of the proceedings in which the order was made and against which an appeal was sought to see to which court an appeal lay. ‘So Lord Wright was saying that you look not at the particular order under appeal, but to the underlying proceedings in … Continue reading Day v Grant (Note): CA 1985
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
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of her damages. The Bahamian police had subjected her to ‘Gestapo like tactics.’ Held: The several heads of damages … Continue reading Merson v Cartwright, The Attorney General: PC 13 Oct 2005
The defendant charged the plaintiff with improperly spending andpound;50,000 on over-printing on local authority stationery the message ‘Support Nuclear Free Zones’. Held: An attempt to plead as justification that the plaintiff had squandered public funds in a number of other unrelated matters was struck out: ‘The clear impression which I have formed of these words. … Continue reading Bookbinder v Tebbitt: 1989
The applicant sought a special order of exemption to allow him to open his public house for customers to watch the world cup football matches. Previous case law suggested that such events were not ‘special events’ within the Act so as to allow such orders. Held: Televised sport had now become a major part of … Continue reading Gough v Bristol Licensing Justices: QBD 12 Apr 2002
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
It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The circumstances caused the appellant severe distress, and she made admissions in the following interview. … Continue reading Regina v Fulling: CACD 1987
The defendant had published a newspaper article linking the claimant to terrorist activity. The defendants argued that no full accusation was made, but only that the claimant was under investigation for such behaviour, and that the article had qualified privilege. Held: ‘The repetition rule, in essence, prevents a defendant from hiding behind the fact that … Continue reading Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004
Provisions in a policy which are stated to be conditions precedent should not be treated as a mere formality which is to be evaded at the cost of a forced and unnatural construction of the words used in the policy. They should be construed fairly to give effect to the object for which they were … Continue reading George Hunt Cranes Ltd v Scottish Boiler and General Insurance Co Ltd: CA 2002
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights. Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the Convention, and the interference with property rights was justified by the balancing interest of preventing cruelty … Continue reading Adams and Others v Lord Advocate: IHCS 31 Jul 2002
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
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in 1994. He complained that the delay was an abuse, and his appeal succeeded. The prosecutor now … Continue reading Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996
Misfeasance in public office was not a tort in which exemplary damages would be available before 1964, and, following the restriction on such awards in Rookes v Barnard was not now a tort for which such damages night be payable. Kindred torts, which might normally accompany such a claim against the police, might give rise … Continue reading Kuddus v Chief Constable of Leicestershire: CA 10 Feb 2000
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
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a notice accusing the temple leader as a hypocrite and a liar. … Continue reading Dehal v Crown Prosecution Service: Admn 27 Sep 2005
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers were exceeding the speed limit at the time when they received Mr … Continue reading Bastable v Little: 1907
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
The plaintiff was chairman of a railway company. He claimed in defamation after the defendant said there was a rumour of his having failed, thus explaining the fall in the company’s share value. Held: It was no defence to say that it was true that there was a rumour. The existence of the rumour did … Continue reading Watkin v Hall: 1868
