A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form. Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.Lord Justice Nicholls said: ‘The question arising on this appeal concerns the exercise by the court of … Continue reading In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. Citations: Times 22-Oct-1996, [1997] Fam 76, [1996] 2 FLR 725 Statutes: Children Act 1989 12 98 Jurisdiction: England and … Continue reading In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996
The defendant appealed convictions for possession of cannabis with intent to supply. He had been seen apparently passing packages to individuals outside a pub, and cannabis wraps were found on him, but no money. The judge directed the jury, referring to a possible runner who might have the money, but no such suggestion had been … Continue reading Regina v Ryan: CACD 31 Oct 1996
The defendant appealed his conviction based upon the evidence of police officers who were subsequently discredited. Citations: [1996] EWCA Crim 1186, [1997] Cr LR 353 Jurisdiction: England and Wales Cited by: Cited – Deans, Regina v CACD 30-Jul-2004 In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court … Continue reading Regina v Whelan: CACD 22 Oct 1996
Police evidence which had been impugned by suggestions of perjury was not to be used not to found a conviction. A senior officer can be in a position to infect the whole investigative process and evidence so as to render the conviction unsafe: ‘Once the suspicion of perjury starts to infect the evidence and permeate … Continue reading Regina v Edwards: CACD 31 Jan 1996
The defendant appealed against his conviction for rape. There had been a DNA match, but the defendant did not match the description given by the victim, and she had not picked him out. He argued that DNA evidence alone should not be used to convict, and that the judge had misdirected the jury as to … Continue reading Regina v Adams: CACD 26 Apr 1996
The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS. Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma … Continue reading Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000
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 government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any other witnesses’ statements disclosed to him, they thought it necessary, they could require the … Continue reading The Police Complaints Authority and Others v Regina: CA 26 Mar 2002
The Secretary of State for the Home Department had issued guidance in Circular 55/2003 indicating that the power to suspend a police officer could be used to prevent a resignation and thus ensure the completion of disciplinary proceedings. Held: Though it was non-statutory guidance because it fell outside the terms of section 87, of the … Continue reading Coghlan and Others v Manchester Police and Another: Admn 2 Dec 2004
Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Capital duty levied on capital companies – Application to merger transactions effected by increasing the capital of the acquiring company – Imposition within the limits laid down by the Community rules – Preliminary rulings – Interpretation – Effect of … Continue reading Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him. Held: The investigation by a separate police force satisfied the high requirement for investigations of allegations against law enforcement officers, and was human rights compliant. … Continue reading Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief … Continue reading Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 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
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
Police have no power to retain cash on basis that it represented a fraudulent claim for benefits. Citations: Times 23-Jan-1996 Jurisdiction: England and Wales Criminal Practice, Police Updated: 15 May 2022; Ref: scu.89305
Spent convictions could admitted in a civil trial at a Judge’s discretion if they needed for an issue of credit. Citations: Times 12-Dec-1996 Statutes: Rehabilitation of Offenders Act 1974 7(3) Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.89862
On conviction for one offence, the plaintiff asked for two other offences to be taken into consideration. He was bailed pending sentence. He was then arrested for the other offences and wrongfully held in custody. The Crown Prosecution Service had negligently failed to notify the police of the events in court. W sought damages. The … Continue reading Welsh v Chief Constable of Merseyside Police: 1993
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given to the police. Litigation privilege is essentially a creature of adversarial proceedings and thus cannot exist in … Continue reading In Re L (A Minor) (Police Investigation: Privilege): HL 22 Mar 1996
The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus. Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities of the TRNC. It was obvious from the fact that more than 30,000 Turkish military personnel were engaged … Continue reading Loizidou v Turkey (Merits): ECHR 18 Dec 1996
The deceased’s executors objected to his widow maintaining action on a trust created by an insurance policy in her favour under the Act. She had been convicted of his murder. The executors’ case was that ‘it is against public policy to allow a criminal to claim any benefit by virtue of his crime.’ Held: The … Continue reading Cleaver v Mutual Reserve Fund Life Association: CA 1892
EAT PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Time limits Neither the procedural common law doctrine of ‘relation back’ (now defunct – see Beecham Group plc v Norton Healthcare Ltd [1997] FSR 81, Liff v Peasley [1980] 1 WLR 781 and Ketteman v Hansel Properties Ltd [1987] … Continue reading Galilee v The Commissioner of Police of The Metropolis: EAT 22 Nov 2017
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. The information was recorded, naming the … Continue reading Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
No Anonymity for Witnessses in Criminal Trial K was convicted of armed robbery on the basis of statements of anonymous witnesses. He was unable to question those witnesses at any stage. Being unaware of the identity of the witnesses deprived K of the very particulars which would have enabled him to demonstrate the witnesses unreliability. … Continue reading Kostovski v The Netherlands: ECHR 20 Nov 1989
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 of the 1996 Act. The judge had acted on the basis that a … Continue reading Greater Manchester Police v Wigan Athletic AFC Ltd: CA 19 Dec 2008
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to his rights of privacy as enshrined in articles 6 and 8 of the Convention. Held: There … Continue reading Regina v Khan (Sultan): HL 2 Jul 1996
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
ECJ Where (a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the coupon, which is distributed to a potential customer in the course of a sales promotion campaign, may be accepted by the … Continue reading Elida Gibbs Ltd v Commissioners Of Customs And Excise: ECJ 24 Oct 1996
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
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 . .
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
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Citations: [2005] EWHC 1279 (Admin) Links: Bailii Statutes: Police Act 1996 89(2) Jurisdiction: England and Wales Crime Updated: 20 December 2022; Ref: scu.228213
In each case the defendants said that police officers arresting them had not been acting in the course of their duty, and that their resistance had been lawful. Judges: Laws LJ, Lloyd Jones J Citations: [2009] EWHC 3353 (Admin), (2010) 174 JP 149 Links: Bailii Statutes: Police Act 1996 89(2), Police and Criminal Evidence Act … Continue reading Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009
Appeal against conviction for assaulting police constables in the execution of their duty. Held: The magistrates had given the impression that in convicting him they were not fully convinced of the evidence against him, and that therefore a lower burden of proof had been applied. The decision was set aside. Judges: Hooper LJ, Maddison J … Continue reading Ukpabi v Crown Prosecution Service: Admn 18 Apr 2008
Citations: [2006] EWHC 894 (Admin) Links: Bailii Statutes: Police Act 1996 89(2) Jurisdiction: England and Wales Crime, Police Updated: 14 November 2022; Ref: scu.241728
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the … Continue reading Director of Public Prosecutions v Morrison: Admn 4 Apr 2003
Appeal by case stated from conviction for assaulting a police constable in the execution of his duty. Judges: Moses LJ< Eady J Citations: [2012] EWHC 2443 (Admin) Links: Bailii Statutes: Police Act 1996 89(1) Jurisdiction: England and Wales Crime Updated: 04 November 2022; Ref: scu.463801
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant … Continue reading Blench v Director of Public Prosecutions: Admn 5 Nov 2004
The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the time, someone else was driving. The police officer suspected he had been drinking … Continue reading Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court: Admn 16 Nov 2005
The court was asked whether a police constable was acting in the execution of his duty when he was assaulted by the appellant. Citations: [2018] EWHC 3154 (Admin) Links: Bailii Statutes: Police Act 1996 89(1) Jurisdiction: England and Wales Crime Updated: 14 July 2022; Ref: scu.630554
The appellant was taking part in a chaotic demonstration. The officer reached from behind the appellant to take his arm, in order to warn him as to his behaviour. The appellant flailed his arm, striking the officer. He now sought to appeal by case stated from conviction for assaulting an officer in the conduct of … Continue reading Pegram, Regina (on The Application of) v Bristol Crown Court and Others: Admn 22 Mar 2019
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute. Held: Though the defendant had not behaved with violence in the presence of the officers the court was entitled to conclude from … Continue reading Wragg, Regina (on the Application Of) v Director of Public Prosecutions: Admn 15 Jun 2005
Citations: [2005] EWHC 967 (Admin) Links: Bailii Statutes: Police Act 1996 89 Jurisdiction: England and Wales Police, Crime Updated: 30 June 2022; Ref: scu.224947
Citations: [2003] EWHC 1452 (Admin) Links: Bailii Statutes: Police Act 1996 89(1) Jurisdiction: England and Wales Crime, Police Updated: 07 June 2022; Ref: scu.185330
Citations: [1999] EWHC Admin 768 Links: Bailii Statutes: Police Act 1996 89(2) Jurisdiction: England and Wales Police, Crime Updated: 28 May 2022; Ref: scu.140032
Citations: [2004] EWHC 2415 (Admin) Links: Bailii Statutes: Police Act 1996 89(1) Jurisdiction: England and Wales Crime Updated: 15 April 2022; Ref: scu.219218
The defendant appealed against his conviction for obstructing a police officer in the execution of his duty. The officers attended the house to search a bedroom of another tenant. The rooms were occupied separately by tenants each with their own locked rooms. The officers sought to search the defendant’s bedroom, and he obstructed them. He … Continue reading Thomas v Director of Public Prosecutions: QBD 23 Oct 2009
Judges: Mr Justice Stewart Citations: [2014] EWHC 3359 (Admin) Links: Bailii Statutes: Police Act 1996 89(2) Jurisdiction: England and Wales Crime Updated: 12 April 2022; Ref: scu.537630
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act. Held: The appeal failed. The inspector’s … Continue reading McCann v Crown Prosecution Service: Admn 21 Aug 2015
Appeal by way of Case Stated against a decision convicting the Applicant of two charges of assaulting a constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. He had refused entry to officers acting under a section 18 authority, the appellant’s sone being in custody. Held: The facts … Continue reading Linehan v Director of Public Prosecutions: Admn 8 Oct 1999
[2003] EWHC 580 (Admin) Bailii Police Act 1996 89(1) England and Wales Crime Updated: 20 December 2021; Ref: scu.185569
The defendant appealed against his conviction for obstructing a police officer in the execution of his duty, saying that there had been no evidence that at the time of the events, the officer was acting in the lawful execution of his duty. He purported to be executing a search warrant, but the officer had no … Continue reading Sykes v Crown Prosecution Service (Manchester): Admn 16 Oct 2013
The defendant appealed by case stated against his conviction for assaulting a police officer in the execution of his duty. Three officers responded to a report of a disturbance and entered his house despite his struggle. The officers purported to use their powers under section 17 of the 1984 Act. Held: The appeal succeeded. The … Continue reading Syed v Director of Public Prosecutions: Admn 13 Jan 2010
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an . .
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007
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
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
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 claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance … Continue reading O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Appeals by way of the case stated from conviction by the justices of wilfully obstructing a constable in the execution of his duty, contrary to section 89(2) of the Police Act 1996. The wilful obstruction alleged in the charge against the appellant was his refusal to give his name and address to a police officer … Continue reading Neale v Director of Public Prosecutions: Admn 23 Feb 2021
The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. Judges: Gray J Citations: [2002] EWHC 2726 (QB), [2002] QB 321 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Loutchansky v Times Newspapers Ltd and others CA 23-Jan-2001 The … Continue reading Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008
The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. He appealed an order striking out his claim. Held: The distinction between a public officer exercising his power … Continue reading Cornelius v Hackney London Borough Council: CA 25 Jul 2002
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation. Held: Whether a child was to be refused immunisation was an issue on which both parents should be involved. ‘the present case is seen not as some significant novelty requiring guidance … Continue reading B (A Child); Re C (Welfare of Child: Immunisation): CA 30 Jul 2003
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
The defendant sought clarification through the court as to the meanings inherent in the words complained of. Held: The application failed. ‘I do not consider the ordinary reasonable reader would be perverse to conclude that the suspicions arguably raised in the headlines are not dispelled by the text of the article itself; and I have … Continue reading Caplin v Associated Newspapers Ltd: QBD 20 Jun 2011
