The claimant sought judicial review of a decision of the police to include in response to the enhanced criminal record request details of three allegations made but not proceeded with. Held: By the terms of the statute it is for the chief constable or his delegate to form an opinion on that issue. In forming … Continue reading Pinnington, Regina (on the Application of) v Chief Constable of Thames Valley Police: Admn 31 Jul 2008
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 sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said that she had failed in her vetting, and that they were prohibited in law from disclosing … Continue reading Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The court considered the retention of information about an unsubstantiated child sexual abuse allegation. Judges: Dyson J Citations: [2000] 1 FLR 612 Statutes: Police Act 1997 115(7) Jurisdiction: England and Wales Cited by: Cited – Regina (X) v Chief Constable of West Midlands Police QBD 23-Jan-2004 The claimant, a social worker, had been accused of … Continue reading Regina v Local Authority and Police Authority in the Midlands, ex parte LM: 2000
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
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record certificate. The claimant made complaint. Held: The Act gave the respondent a discretion, but did nothing to … Continue reading Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004
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 challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to enter a sports studies degree. Held: The application for review was unsuccessful. Parker … Continue reading T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012
The claimant appealed from the rejection of his claim in negligence against the police. He had been arrested on suspicion of a sexual assault, but the investigating officer concluded that he was not responsible for the crime. Despite this, several . .
The claimant appealed against the striking out of parts of his claim alleging negligence and misfeasance. He had been arrested on suspicion of indecent assault, but then was fully cleared by a third officer. When he later applied for an enhanced CRB . .
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
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The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her failing to provide the specimen at the police station. They certified a question … Continue reading Director of Public Prosecutions v Grundy: Admn 3 May 2006
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights. Held: … Continue reading Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007
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 defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
Chattels which became affixed to a lessee’s land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: ‘The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture … Continue reading Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995
An accident occurred when a police vehicle went through traffic lights at green, but on the wrong side of the road. Held: A driver crossing through traffic lights at green owes no duty to traffic entering the crossing in disobedience to the lights beyond a duty that if he in fact sees such traffic he … Continue reading Joseph Eva Ltd v Reeves: CA 1938
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying that the plaintiff was a trespasser upon the highway. Held: Insofar as the plaintiff was upon a highway … Continue reading Harrison v Duke of Rutland: CA 8 Dec 1893
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work. Held: Employers have a duty to take reasonable care for the safety of their employees. There are no special controls on claims for psychiatric (or physical) injury or illness arising from the stress of doing … Continue reading Sutherland v Hatton; Barber v Somerset County Council and similar: CA 5 Feb 2002
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting of the stay after the claimant had received permission. Held: The objection failed. Authority could be granted … Continue reading Park v Cho and Others: ChD 24 Jan 2014
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
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