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Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which to determine, in any but the clearest of cases, whether … Continue reading Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he incriminate himself. The order had been made in the context of the … Continue reading Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

The fact that a vehicle could count as ‘premises’ for the purposes of the Act, did not mean that that could or should restrict the ability of the police to impound a motor vehicle. There was no power to seize premises, but that could not imply that a moveable object was not subject to seizure. … Continue reading William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under section 9 of the 1984 Act allowing the police to have access to … Continue reading Regina v Southampton Crown Court ex parte J and P: 21 Dec 1992

Thompson Newspapers Ltd v Director of Investigation and Research: 1990

(Supreme Court of Canada) The court considered a claim to exercise the privilege against self-incrimination. Held: Whereas a compelled statement is evidence that would not have existed independently of the exercise of the powers of compulsion, evidence which exists independently of the compelled statements could have been found by other means and its quality does … Continue reading Thompson Newspapers Ltd v Director of Investigation and Research: 1990

Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Nolan LJ said that the phrase used in section 15(6)(b), ‘so far as is practicable,’ is imprecise and that it may well be impossible to draw a clear line between what is and what is not practicable. Judges: Nolan LJ Citations: Unreported 14 February 92 Statutes: Police and Criminal Evidence Act 1984 15(6)(b) Jurisdiction: England … Continue reading Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Regina v Crown Court ex parte Baines and Baines: 1988

The court considered special procedure material arising out of the Brinks-Mat robbery. Held: The records of the financing of a transaction for the purchase of a property were not to be subject to legal professional privilege under section 10 of the Police and Criminal Evidence Act as the conveyancing matter was wholly unconnected with litigation. … Continue reading Regina v Crown Court ex parte Baines and Baines: 1988

Marcel v Commissioner of Police for the Metropolis: 1990

Documents had been taken by the defendant’s officers in the course of an investigation into an alleged fraud. The plaintiff now sought their release for the use in civil proceedings so as to prevent his opponent misleading the court. Held: The claim failed. Since the police were authorised to seize, retain and use the documents … Continue reading Marcel v Commissioner of Police for the Metropolis: 1990

Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings. Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had … Continue reading Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset: Admn 2001

Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Where a person was arrested and the duty arose for him to be told of the reason for his arrest, that duty could be satisfied by a different officer than the one who actually performed the arrest. The purpose of the section was to protect the person arrested by letting him know why he was … Continue reading Dhesi v Chief Constable of West Midlands Police: CA 9 May 2000

Regina v Robertson and Golder: CACD 1987

The court considered the words ‘any issue in those proceedings’ as contained in the section. Held: The provision should be used only sparingly. Citations: (1987) 85 Cr App R 304 Statutes: Police and Criminal Evidence Act 1984 74(1) Cited by: Cited – Regina v Shanks CACD 19-Mar-2003 The appellant appealed his conviction for murder. He … Continue reading Regina v Robertson and Golder: CACD 1987

Thorpe v Chief Constable of Greater Manchester Police: CA 1989

The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious prosecution. He sought discovery of documents showing any convictions of or adverse disciplinary findings against the police witnesses. … Continue reading Thorpe v Chief Constable of Greater Manchester Police: CA 1989

Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

Sir Stephen Brown P gave judgment in a case in which the police sought permission, which was granted, to administer cautions to two wards of court. Held: He said: ‘There is, therefore, no difficulty over the granting of leave in these two cases. However, the occasion has prompted the Commissioner to seek clarification of the … Continue reading Re G; Re R Note (Wards) (Police Interviews): FD 19 Mar 1990

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

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

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Extradition proceedings are criminal proceedings so as to allow the admission of computer printout under criminal procedures. Citations: Times 11-Mar-1996 Statutes: Police and Criminal Evidence Act 1984$ 69 Jurisdiction: England and Wales Cited by: Appeal from – In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin HL 10-Apr-1997 The applicant had been … Continue reading Regina v Governor of Brixton Prison and Another, Ex Parte Levin: QBD 11 Mar 1996

Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence of a widespread fraud and that the documents were crucial to their investigations and that the investigation … Continue reading Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

The claimant accountant sought the quashing of a search warrant granted by the respondent to the police. Held: The warrant failed to comply with s. 15(6)(b) of PACE and was invalid. Citations: [2009] EWHC 1512 (Admin) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 8 Jurisdiction: England and Wales Cited by: Cited – Global … Continue reading Power-Hynes and Another v Norwich Magistrates’ Court and Another: Admn 26 Jun 2009

Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

Regina v King’s Lynn Justices, Ex parte Holland: QBD 1993

Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to … Continue reading Regina v King’s Lynn Justices, Ex parte Holland: QBD 1993

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

The claimants claimed that the defendant had relied upon transcripts of intercepted telephone calls in order to obtain production orders against third parties. They said that the transcripts had been selected for use, making the orders unlawful. Held: The claim failed. A failure to make necessary disclosure would undermine an order or warrant, but not … Continue reading Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

Regina v Governor of Belmarsh Prison and Another Ex Parte Francis: QBD 12 Apr 1995

Justices may not hear evidence from accomplices in extradition proceedings. Also foreign intercept evidence may be used in support of extradition proceedings. Extradition proceedings are not criminal proceedings as such, but may be sui generis. Section 69 had no application to extradition proceedings so as to allow the admission of computer print-outs, and nor did … Continue reading Regina v Governor of Belmarsh Prison and Another Ex Parte Francis: QBD 12 Apr 1995

Regina v Coventry Justices Ex Parte Bullard and Another: QBD 15 Apr 1992

Computer based evidence, which says what would have been said by the person making the record, remains hearsay, and is inadmissible without statutory provision otherwise. There is no exception for summary civil proceedings for the collection of community charge arrears. Legislation in the Magistrates court had made computer based evidence admissible but only for criminal … Continue reading Regina v Coventry Justices Ex Parte Bullard and Another: QBD 15 Apr 1992

Regina v Chief Constable of Lancashire Ex Parte Parker and Another: QBD 27 May 1992

Officers conducting a search presented a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in sub-paragraph (b). That information was contained in a separate schedule. Held: The court … Continue reading Regina v Chief Constable of Lancashire Ex Parte Parker and Another: QBD 27 May 1992

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

Hayter v L and Another: QBD 3 Feb 1998

A private prosecution of a youth for an offence after he had accepted a caution was not an abuse of process, since the cautioner had warned him of the possibility. Poole J said: ‘The right of private prosecutions is subject to a number of procedural limitations, eg justices’ refusal to enter a summons, the Attorney- … Continue reading Hayter v L and Another: QBD 3 Feb 1998

Regina v Southwark Crown Court and Another, Ex Parte Sorsky and Defries: QBD 21 Jul 1995

A search warrant should be issued on behalf of a foreign court only after a fullest consideration of the law, but it could be used to allow removal of material as evidence of foreign offences. The court heard an application to a Crown Court judge under the 1990 International Co-operation Act. The United States authorities … Continue reading Regina v Southwark Crown Court and Another, Ex Parte Sorsky and Defries: QBD 21 Jul 1995

Superior Import / Export Ltd and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 11 Dec 2017

Challenge by the Claimants to the lawfulness of the decision by a Justice of the Peace sitting Birmingham Magistrates’ Court to grant 3 search warrants under s. 8 of the Police and Criminal Evidence Act 1984 in relation to premises owned or occupied by them. Judges: Gross LJ, Carr J Citations: [2017] EWHC 3172 (Admin) … Continue reading Superior Import / Export Ltd and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 11 Dec 2017

Newcastle United Football Club Ltd and Another v HM Revenue and Customs and Another: Admn 4 Oct 2017

The claimants challenged the legality of decisions taken by HMRC to apply for search and seizure warrants under the 1984 Act in connection with a criminal investigation of suspected evasion of VAT, income tax and National Insurance Contributions by NUFC in relation to payments made to and via football agents, and the decision to issue … Continue reading Newcastle United Football Club Ltd and Another v HM Revenue and Customs and Another: Admn 4 Oct 2017

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

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

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

Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the decision of the ECHR it was a disproportionate interference with their human rights to keep the data. … Continue reading Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis: Admn 16 Jul 2010

Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and detentions had been unlawful since they had not been given sufficient information about … Continue reading Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

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

A Ltd and Othersi, Regina v: CACD 28 Jul 2016

The Serious Fraud Office appealed against rulings on the admission of evidence after its exclusion under section 78. Held: The appeal was allowed. The appeal had been brought within time and could proceed. Police and Criminal Evidence Act 1984. The judge confused or elided two quite separate concepts, namely (a) the ‘identification’ principle which is … Continue reading A Ltd and Othersi, Regina v: CACD 28 Jul 2016

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer … Continue reading Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Malone v The United Kingdom: ECHR 2 Aug 1984

COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014

HMRC had seized material in e course of executing a search warrant. The warrant was later removed, but the Crown Court authorised the continued retention of the materials, The question now was whether the material had been seized in the course a criminal cause or matter so as to govern the mode of appeal. Held: … Continue reading Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr Rowland had left a box in the safe security system under the appellants control. They variously … Continue reading Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

London Borough of Lewisham v D and Others: FD 29 Mar 2010

The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court considered whether a matching report on a DNA sample itself was derived from the sample. Held: Disclosure could not be … Continue reading London Borough of Lewisham v D and Others: FD 29 Mar 2010

Beeres v Crown Prosecution Service (West Midlands): Admn 13 Feb 2014

The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation. Held: The appeal failed. A confession is, prima facie, admissible if ‘relevant’ to a matter in issue in the proceedings. … Continue reading Beeres v Crown Prosecution Service (West Midlands): Admn 13 Feb 2014

O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013

The claimants challenged the issue and implementation of a search warrant,and sought the return of items seized. The police acknowledged that the search had been unlawful, but sought to retain the materials seized. The warrant had been presented as a specified premises warrant, but should have been an ‘all premises’ warrant. Treacy LJ, King J … Continue reading Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013

Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that the Magistrates could not have been satisfied that there were reasonable grounds for … Continue reading Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

Gittins v Central Criminal Court: Admn 14 Jan 2011

The claimant sought judicial review of decisions to issues search warrants to HMRC in respect of his premises. HMRC wanted to look for evidence of tax avoidance schemes which it thought might be unlawful. Until the morning of the hearing, HMRC maintained that it could not disclose the information on the basis of which the … Continue reading Gittins v Central Criminal Court: Admn 14 Jan 2011

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Archer v The Commissioner of Police of The Metropolis: CA 12 Nov 2021

Lawfulness of the police detention of a juvenile for his own protection or in his own interests under section 38 (s. 38) of the Police and Criminal Evidence Act 1984 (PACE). The appellant contends that the provisions in s.38 entitling a custody officer to decline to order a person’s release from police detention for such … Continue reading Archer v The Commissioner of Police of The Metropolis: CA 12 Nov 2021

Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding. Held: The appeals failed: ‘the timing of the execution … Continue reading Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Horncastle and Others, Regina v: SC 9 Dec 2009

Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the court must implement the ECHR decision in Al-Khawaja. Held: The … Continue reading Horncastle and Others, Regina v: SC 9 Dec 2009

Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009

Khan v Commissioner of Police for the Metropolis: CA 4 Jun 2008

An arrested person had given a false address. The police used their powers under search that address. The occupier obtained an award of damages. The Commissioner appealed. Held: Police powers to enter premises and search them on the basis that they were occupied or controlled by somebody under arrest required as a fact that the … Continue reading Khan v Commissioner of Police for the Metropolis: CA 4 Jun 2008

Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal of damages for malicious prosecution, wrongful arrest and false imprisonment. Held: The appeal failed. The … Continue reading Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there were no sufficient ground for the request for and issue of the warrants. The investigation had been … Continue reading Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Hayes v Merseyside Police: CA 29 Jul 2011

The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from custody. He now sought damages, saying that the officer had not considered alternatives to arrest, … Continue reading Hayes v Merseyside Police: CA 29 Jul 2011

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943

A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943

Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance. Held: There was a clear breach of section 16(5). The officers had followed the guidance, … Continue reading Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

The claimant challenged the alteration of the PACE code of conduct to remove the mandatory requirement on an officer executing a stop and account or stop and search to record the self-defined ethnicity of the person so stopped, and also to challenge the decision of several chief constables to decide not to do so. Held: … Continue reading Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979

The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of the power limited the power of seizure and removal to things ‘which … Continue reading Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979

McLeod, Mealing (deceased) v Metropolitan Police Commissioner: CA 3 Feb 1994

The plaintiff appealed against the dismissal of her claims for trespass and breach of duty by the defendant’s officers. In divorce proceedings, she had been ordered to return certain household goods to her husband, but had failed yet to do so. The husband attended the property with a solicitor and two police officers without prior … Continue reading McLeod, Mealing (deceased) v Metropolitan Police Commissioner: CA 3 Feb 1994

Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered into corrupt agreemets to boost sales, sweetener payments being said to have been made by their agents. They complained that … Continue reading Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

X and Another v Z (Children) and Another: CA 5 Feb 2015

The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal law enforcement. The claimant was a prisoner serving a life term … Continue reading X and Another v Z (Children) and Another: CA 5 Feb 2015

Lord Hanningfield of Chelmsford v Chief Constable of Essex Police: QBD 15 Feb 2013

The claimant sought damages alleging unlawful arrest and search and detention. He had served a term of imprisonment for having made false expenses claims to the House of Lords. This raid occurred on his release. The arrest was planned and made to support the search without the need to establish urgency. Held: The claim succeeded. … Continue reading Lord Hanningfield of Chelmsford v Chief Constable of Essex Police: QBD 15 Feb 2013

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 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

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the import of counterfeit clothing and of money laundering. Held: The burden of showing that the judge acted … Continue reading Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008

The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008

Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point of view of the secondary party is sufficient. The question certified was ‘Is … Continue reading Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

Oakes and Others v Regina: CACD 21 Nov 2012

A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012