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Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Regina v Hughes: CACD 12 Nov 1993

The forcing of an object from the mouth of a detainee was a breach of the PACE codes but did amount to an an intimate search. An ‘Intimate body search’ requires a physical examination, not mere visual inspection. Citations: Gazette 08-Dec-1993, Ind Summary 29-Nov-1993, Times 12-Nov-1993 Statutes: Police and Criminal Evidence Act 1984 18(1) Jurisdiction: … Continue reading Regina v Hughes: CACD 12 Nov 1993

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

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

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Rehman, Regina v: CACD 24 Sep 2009

Appeal from conviction under section 4 – whether correct to admit evidence of conviction of co-accused. Citations: [2009] EWCA Crim 1944 Links: Bailii Statutes: Explosive Substances Act 1883 4, Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Crime Updated: 17 June 2022; Ref: scu.377754

Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

In a criminal investigation, the police came to suspect that a junior clerk in a barristers’ chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed legal professional privilege. Held: Where there is evidence of specific agreement to pervert the course … Continue reading Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

Regina v Z (Prior acquittal): HL 22 Jun 2000

The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of the new charge. Held: Similar fact evidence was not inadmissible only because it … Continue reading Regina v Z (Prior acquittal): HL 22 Jun 2000

Makin v Attorney-General for New South Wales: PC 12 Dec 1893

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

Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details required, namely dates of contacts with a certain telephone number were not legally privileged: ‘the name and telephone number of the caller were taken down as a formality ‘to create the channel through … Continue reading Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

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

Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had … Continue reading Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

Regina v Sargent: HL 25 Oct 2001

When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were not admissible. The phrase ‘engaged in’ could refer either to his status, or that the act was part … Continue reading Regina v Sargent: HL 25 Oct 2001

Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen: PC 23 Mar 2000

PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before the jury. Held: The judge had dealt with the matter correctly. The breach of the Judges’ Rules does not automatically render an oral statement made by … Continue reading Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen: PC 23 Mar 2000

Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

Preston Borough Council v McGrath: CA 12 May 2000

The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him. Held: The document had not been given to the police under compulsion, reducing their obligations. It was possible that they might have shown it to the … Continue reading Preston Borough Council v McGrath: CA 12 May 2000

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

A Scottish search warrant properly issued and which was to be executed in England could be validly endorsed by an English court for execution in England. Earlier legislation was not superseded by the Police and Criminal Evidence Act which restricted certain warrants where the material to be sought out might be protected by forms of … Continue reading Regina v Manchester Stipendiary Magistrate and The Lord Advocate Ex Parte Granada Television Ltd (On Appeal From A Divisional Court Of The Queen’s Bench Division): HL 28 Oct 1999

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

Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999

RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Cases brought by the RSPCA under the 2006 Act were dismissed after evidence was not admitted. They now appealed. Search warrants had been obtained for one purpose but, the defendants had argued, that purpose having been satisfied, the search which continued had been unlawful, and that evidence drawn from that activity should not be admitted. … Continue reading RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Regina v Samuel: CA 1988

The defendant had been arrested on suspicion of armed robbery. He asked for a solicitor, but one was refused under section 58 of the 1984 Act. He appealed against his conviction saying that he should have been allowed access to a solicitor. Held: The appeal was allowed. He could not be refused access to a … Continue reading Regina v Samuel: CA 1988

Regina v Liverpool Juvenile Court ex parte R: 1988

R was charged with burglary. He objected to the admission of evidence of a confession to a police officer, saying that it had been improperly obtained. Both prosecution and defence suggested the need for a voir dire, but the magistrates declined. Held: R’s request for a writ of mandamus succeeded. Once the parties accepted that … Continue reading Regina v Liverpool Juvenile Court ex parte R: 1988

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

Director of Public Prosecutions v Kitching: 1989

The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. Citations: [1990] COD 149, [1990] CLR 394, Times 17-Nov-1989 Statutes: Criminal Justice Act 1967 … Continue reading Director of Public Prosecutions v Kitching: 1989

Castorina v Chief Constable of Surrey: CA 10 Jun 1988

Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) Did the arresting officer suspect that the person arrested was guilty of the offence? The … Continue reading Castorina v Chief Constable of Surrey: CA 10 Jun 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

Lion Laboratories Ltd v Evans: CA 1985

Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that the Lion Intoximeter had faults which could have resulted in a significant number of motorists being wrongly convicted. Lion … Continue reading Lion Laboratories Ltd v Evans: CA 1985

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

Sattin v National Union Bank Ltd: CA 21 Feb 1978

The plaintiff sought damages from the loss of a diamond deposited with the defendant bank as security. He asked to present evidence about the experience of another customer who had lost jewellery he had deposited with it. Held: The proposed evidence was admissible. (Lawton LJ) If a defendant in this class of case said ‘My … Continue reading Sattin v National Union Bank Ltd: CA 21 Feb 1978

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

Regina v Robb: CACD 1991

The evidence of an expert to prove identification by voice was admissible. Also voice recognition evidence given by a phonetician was admissible as expert evidence; and that evidence of police officers who listened to disputed tapes and recognised the voice of the person speaking was admissible as factual evidence, subect to section 78 considerations.Bingham LJ … Continue reading Regina v Robb: CACD 1991

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

Ghulam Yasim v Secretary of State for the Home Department: CA 1996

The court rejected a submission that, in a civil claim, sections 76 to 78 PACE precluded reliance altogether upon any evidence by an interview undertaken without a prior caution. Those exclusionary provisions were confined, the Court made clear, to criminal proceedings. However: ‘1. Were the court to be satisfied that answers had been obtained by … Continue reading Ghulam Yasim v Secretary of State for the Home Department: CA 1996

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

Director of Public Prosecutions v Santa-Bermudez: Admn 13 Nov 2003

The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had asked him if he had any sharps on him and he had denied … Continue reading Director of Public Prosecutions v Santa-Bermudez: Admn 13 Nov 2003

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

C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006

Complaint was made about the slipshod completion of applications for search warrants. The nature of the review of compliance with Section 24(4) was to be that appropriate to Section 24(6). Underhill J held: ’26. The terms of s-s. (5) are new and there is no authority on their effect. The previous s. 24 (6) provided … Continue reading C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006

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

Elsakhawy (Immigration Officers: Pace) Egypt: UTIAC 30 Jan 2018

1. The respondent’s instructions and guidance to immigration officers correctly reflect the operation of sections 66 and 67 of the Police and Criminal Evidence Act 1984 (PACE) and of the Immigration (PACE Codes of Practice) Direction 2013, in drawing a distinction between administrative enquiries and formal criminal enquiries. The fact that immigration officers have powers … Continue reading Elsakhawy (Immigration Officers: Pace) Egypt: UTIAC 30 Jan 2018

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

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

Miller v Director of Public Prosecutions: Admn 15 Feb 2018

Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018

Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017

The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from a pblic meeting before it began, and was accused of having kicked … Continue reading Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017

Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

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

Clift v Regina: CACD 18 Dec 2012

These otherwise unconnected cases, one an appeal against conviction, the other an application for leave to appeal against conviction, follow convictions for murder and require examination of the proper ambit of s.74(3) of the Police and Criminal Evidence Act 1984. Judges: The Lord Chief Justice of England and Wales The Hon Mr Justice Fulford And … Continue reading Clift v Regina: CACD 18 Dec 2012

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

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

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

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

Linehan v Director of Public Prosecutions: Admn 8 Oct 1999

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

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

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

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

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

Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Grant v The Queen: PC 16 Jan 2006

(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim 13 times with hollow point bullets. He claimed self defence, and drove straight to the police station … Continue reading Grant v The Queen: PC 16 Jan 2006

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

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