On reception into prison, the prison took cash from the claimant which was returned on his release. He claimed that it should have been invested. Held: The credit of the receipt into the books of the prison created only a debt as between the prison and prisoner. No trust was created. What was taken was … Continue reading Duggan v Governor of Full Sutton Prison and Another: ChD 28 Feb 2003
The prisoner complained that his mobile phone having been confiscated, the governor had sought its destruction. Held: It was not open to the governor to destroy the prisoner’s property. The decision in Duggan made the governor’s interpretation of rule 43 unsustainable. Judges: Dobbs J Citations: [2009] EWHC 1005 (Admin), Times 23-Apr-2009 Links: Bailii Statutes: Prison … Continue reading Regina (Coleman) v Governor of Wayland Prison: QBD 3 Apr 2009
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004
The prisoner had money removed and kept for him on entry to prison. Upon release he claimed that the money had been held in trust, and should have been invested for some return. He appealed a finding that the money had been held simply as a debt with no duty to invest it. Held: The … Continue reading Duggan v Governor of Full Sutton Prison and Another: CA 10 Feb 2004
The court considered whether a parole review board can exclude the prisoner from part of a hearing and if so on what grounds. Held: The parole board had the required power. Both Rule 19 (2) and 19 (3) gave the panel the power which they exercised. The Board had a responsibility to reconcile as far … Continue reading Gardner, Regina (on the Application Of) v the Parole Board: Admn 21 Dec 2005
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003
When considering applications to extend the custody time limits, courts should have in view the purpose of the rules. It would be dangerous to give a list of good reasons for an extension. The court must itself consider the fulfilment of the section and give reasons for decision.Lord Bingham of Cornhill CJ: ‘If the law … Continue reading Regina v Manchester Crown Court, ex parte McDonald; Regina v Leeds Crown Court, ex parte Hunt; Regina v Winchester Crown Court, ex parte Forbes, ex parte Wilson and Mason: CACD 19 Nov 1998
The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of imprisonment. The policy was to designed allow for the protection of children’s interests … Continue reading Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same: QBD 1 Jun 2001
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
