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P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

Durowoju v Independent Police Complaints Commission: Admn 11 Apr 2013

The claimant’s home had been burgled and property recovered, but the claimant had been unable to arrange to see the goods to identify what had been hers. Eventually (after 10 years) the police said they retained nothing of hers. She complained. She appealed against the grant of a dispensation by the respondent allowing her complaint … Continue reading Durowoju v Independent Police Complaints Commission: Admn 11 Apr 2013

Burke, Regina (on The Application of) v Independent Police Complaints Commission and Others: Admn 8 Mar 2011

The claimant had complained of police behaviour. The police notified him of the rejection of the complaint, but he said he did not receive it. He sought to appeal out of time. He now sought review of the refusal of the respondent to extend the period to allow him to appeal. Held: The decision was … Continue reading Burke, Regina (on The Application of) v Independent Police Complaints Commission and Others: Admn 8 Mar 2011

Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another: CA 22 Oct 2008

The court was asked to consider whether the IPCC could investigate the circumstances leading to the arrest of a suspect who fell into a coma after being arrested for being drunk. The IPCC appealed, saying that it did not have jurisdiction to investigate matters before the arrest. Held: The appeal was dismissed. Longmore LJ said: … Continue reading Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another: CA 22 Oct 2008

Reynolds, Regina (on the Application of) v Sussex Police and Another: Admn 16 May 2008

The complainant’s brother had been arrested for being drunk. After a time in a cell, he was found unwell and fell into a coma. Complaints were made of his treatment. The Police Complaints Commission was to investigate the events after the arrest independently, but the Sussex police wanted to investigate the matters before the arrest. … Continue reading Reynolds, Regina (on the Application of) v Sussex Police and Another: Admn 16 May 2008

Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008

The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed suspects. She complained that the defendant had not dealt with … Continue reading Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008

Lake v British Transport Police: EAT 8 Sep 2006

EAT The Claimant was a serving Police Constable. He was dismissed for disciplinary reasons after a hearing before the Police Disciplinary Board which ordered his dismissal. He appealed to the Chief Constable who upheld the decision of the Police Disciplinary Board. The Claimant then began proceedings in the Employment Tribunal asserting that he had been … Continue reading Lake v British Transport Police: EAT 8 Sep 2006

Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees. Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use … Continue reading Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

In re H and A (Children) (Paternity: Blood Tests): CA 21 Mar 2002

The right to know one’s parentage and identity is a fundamental part of private life. Thorpe LJ said: ‘first, that the interests of justice are best served by the ascertainment of the truth and secondly, that the court should be furnished with the best available science and not confined to such unsatisfactory alternatives as presumptions … Continue reading In re H and A (Children) (Paternity: Blood Tests): CA 21 Mar 2002

Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

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

Ashley and Another v Sussex Police: CA 27 Jul 2006

The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006

Crosby, Regina (On the Application of) v Independent Police Complaints Commission: Admn 1 Jul 2009

Request for review of rejection of complaint against several police officers – failure to get medical help whilst held in police custody [2009] EWHC 2515 (Admin) Bailii Independent Police Complaints Commission, Code of Practice for the Detention Treatment and Questioning of Persons by Police Officers, Police Reform Act 2002 England and Wales Police Updated: 30 … Continue reading Crosby, Regina (On the Application of) v Independent Police Complaints Commission: Admn 1 Jul 2009

The Chief Constable of The West Yorkshire Police, Regina (on The Application of) v Independent Police Complaints Commission: Admn 11 Sep 2013

The Chief Constable complained that in its investigation of a complaint against an offer by a member of the public, the IPCC had exceeded the permissible bounds. Jeremy Richardson QC HHJ [2013] EWHC 2698 (Admin), [2014] PTSR 242, [2013] WLR(D) 349 Bailii, WLRD Police Reform Act 2002 22 England and Wales Police Updated: 20 November … Continue reading The Chief Constable of The West Yorkshire Police, Regina (on The Application of) v Independent Police Complaints Commission: Admn 11 Sep 2013

North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission: Admn 8 Jul 2010

No Review of IPCC’s Decision to Investigate A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue raised related to direction and control and … Continue reading North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission: Admn 8 Jul 2010

Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008

The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008

Morrison v The Independent Police Complaints Commission and Others: Admn 26 Oct 2009

The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human rights, the investigator should be fully independent of the force against … Continue reading Morrison v The Independent Police Complaints Commission and Others: Admn 26 Oct 2009

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

D v Director of Public Prosecutions: Admn 1 Dec 2010

The defendant appealed against his conviction for assaulting a Community Service Officer in the execution of her duties causing her injury. He said she had not been acting in the course of her duties. Judges: Ouseley J Citations: [2010] EWHC 3400 (Admin) Links: Bailii Statutes: Police Reform Act 2002 46(1) Jurisdiction: England and Wales Police, … Continue reading D v Director of Public Prosecutions: Admn 1 Dec 2010

AB, Regina (on The Application of) v The Chief Constable of Hampshire Constabulary: Admn 20 May 2015

The court considered the lawfulness of the disclosure, by the police to a Local Authority Designated Officer, of non-conviction material relating to alleged sexual misconduct by a teacher, and the subsequent dismissal of a complaint concerning the disclosure under the Police Reform Act 2002. Jeremy Barker J [2015] EWHC 1238 (Admin), [2015] 1 WLR 5250, … Continue reading AB, Regina (on The Application of) v The Chief Constable of Hampshire Constabulary: Admn 20 May 2015

Patricia Armani Da Silva v The United Kingdom: ECHR 12 Jul 2012

The claimant’s innocent cousin Jean Charles de Menezes had been shot and killed by police officers seeking a suicide bomber. She had complained that after investigation, no police officer had been prosecuted for any serious offence of murder or otherwise. 5878/08, [2012] ECHR 1594 Bailii European Convention on Human Rights, Police Reform Act 2002, Police … Continue reading Patricia Armani Da Silva v The United Kingdom: ECHR 12 Jul 2012

Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 1 Jul 2011

The claimant said he had been assaulted by Iraqi police and contractors in Baghdad Airport whilst he was being forcibly returned there, and that the defendant had responsibility. He complained that about the failure of the IPCC to investigate his complaints. Held: The Regulations specifically excluded operations under Part 8 of the 1999 Act, and … Continue reading Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 1 Jul 2011

Powell and Another v Boldaz and others: CA 1 Jul 1997

The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

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

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Gray v Thames Trains Ltd and Another: CA 25 Jun 2008

The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008

D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005

D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under the 1983 Act. An internal prison report which contained the substantial record of the … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Watkins v Home Office and others: HL 29 Mar 2006

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

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Valiuliene v Lithuania (LS): ECHR 26 Mar 2013

ECHR Article 3Degrading treatmentInhuman treatmentEffective investigationInvestigative and procedural flaws resulting in prosecution of domestic-violence case becoming time-barred: violationFacts – In February 2001 the applicant applied to a district court to bring a private prosecution after allegedly being beaten by her partner on five separate occasions in January and February 2001. In January 2002 the court … Continue reading Valiuliene v Lithuania (LS): ECHR 26 Mar 2013

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

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

YL v Birmingham City Council and Others: HL 20 Jun 2007

The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human Rights Act 1998 and as such a ‘public authority’ subject to Convention rights … Continue reading YL v Birmingham City Council and Others: HL 20 Jun 2007

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Jackson v Murray and Another: SC 18 Feb 2015

Child not entirely free of responsibility The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence. Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson dissenting). Her contribution was assessed at 50%. The court rejected … Continue reading Jackson v Murray and Another: SC 18 Feb 2015

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008

In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008