The EAT considered a case of the dismissal for admitted, serious dishonesty concerning expenses by one of the directors of the Society, who held a position of considerable responsibility. The Industrial Tribunal found the dismissal was unfair because the employers had not carried out as much investigations as they thought appropriate into the employee’s claim … Continue reading Royal Society for the Protection of Birds v Croucher: EAT 1984
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent. Held: The operation of the doctrine of precedent in the Court of Appeal so … Continue reading Davis v Johnson: HL 2 Jan 1978
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers. Lord Simon of Glaisdale said: ‘I cannot leave this particular class of relevant evidence withheld from the … Continue reading D v National Society for the Prevention of Cruelty to Children: HL 2 Feb 1977
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal. Held: The company’s appeal failed. The details that he was dismissed by … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012
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The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller additional image for each original. Though the thumbnail images were no longer accessible without the original, they remained on the … Continue reading Porter, Regina v: CACD 16 Mar 2006
Judges: Vice-President of the Court of Appeal (Criminal Division) (Lord Justice Holroyde) Mr Justice Spencer Mrs Justice Hill DBE Citations: [2022] EWCA Crim 1110 Links: Bailii Statutes: Protection of Children Act 1978 1(1), Criminal Justice Act 1988 160(1) Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.682821
The defendant downloaded indecent images of children onto his computer, and printed them out. He was convicted of making new images by virtue of creating copies on his disc by downloading, by displaying them on his screen, and by printing them out. Held: He had been properly convicted. Such creation of new copies was clearly … Continue reading Regina v Bowden: CACD 10 Nov 1999
No expert medical evidence is needed with regard to the age of a child said to be the subject of an indecent photograph. Whether it is a child is not outside normal experience. The defendant had seen the photographs, and no defence was available under 1(4)(b). Citations: Gazette 05-Nov-1997, Times 04-Nov-1997, [1999] QB 65, [1997] … Continue reading Regina v Land: CACD 10 Oct 1997
DM appealed against his conviction for making indecent photographs of a child, saying that the conviction was incompatibe with his human rights and that no sufficient consent had been obtained from the DPP. He said that he had met the complainant in a public house where she was drinking and had believed her to be … Continue reading DM, Regina v: CACD 24 Nov 2011
An individual who faced criminal charges sued the CPS for libel, misfeasance in public office, and breach of the Human Rights Act, in respect of a public announcement that those charges were to be brought. The court was asked now to decide whether the announcement of the charge included meanings suggesting (as was denied) that … Continue reading Bukovsky v Crown Prosecution Service: QBD 28 Jul 2016
The claimant sought deletion from police records of reports of his sending sexually explicit images as a child. Held: Refused. Judges: Lord Justice Hickinbottom Citations: [2018] EWHC 3333 (Admin) Links: Bailii Statutes: Protection of Children Act 1978, European Convention on Human Rights Jurisdiction: England and Wales Police, Human Rights Updated: 23 July 2022; Ref: scu.631211
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence. Held: The additional sentence should not have been imposed. He had not gone beyond the downloading of images. ‘The link between the offending act of downloading these … Continue reading Terrell, Regina v: CACD 21 Dec 2007
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took … Continue reading French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006
Citations: [2002] EWCA Crim 683 Links: Bailii Statutes: Protection of Children Act 1978 Jurisdiction: England and Wales Crime Updated: 06 July 2022; Ref: scu.341554
The defendants were convicted of making indecent quasi-photographs of children under the Act. They had received e-mails, and opened the images in attachments to those e-mails. They appealed saying that the opening of the attachment was not sufficient to constitute the act of making an image. Held: Applying Bowden and Atkins, the deliberate opening of … Continue reading Regina v Smith, Regina v Jayson: CACD 7 Mar 2002
Citations: [2000] EWCA Crim 44 Links: Bailii Statutes: Protection of Children Act 1978 Jurisdiction: England and Wales Crime Updated: 04 July 2022; Ref: scu.158694
Judges: Lord Justice Hooper Mr Justice Openshaw Dame Heather Steel Citations: [2005] EWCA Crim 3093, [2006] 1 WLR 775 Links: Bailii Statutes: Protection of Children Act 1978 1(1)(c) Jurisdiction: England and Wales Crime Updated: 23 May 2022; Ref: scu.236592
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
The defendant appealed against his conviction for possession of indecent images with a view to them being distributed or shown to others. Held: The offence required an intention on the part of the defendant to distribute the images. They had been downloaded as part of a file-sharing system, which would leave the files in a … Continue reading Regina v Dooley: CACD 1 Nov 2005
The sentences for downloading and distributing pornographic images of children could range from the maximum to a fine. The relevant factors are whether there was a commercial or large scale operation, whether the offence was isolated, the quantity and nature of the material, the presence of any exploitation, the character of the defendant and the … Continue reading Regina v Toomer; Regina v Powell; Regina v Mould: CACD 21 Nov 2000
The court set down the matters to be considered when sentencing for the downloading of pornographic images of children from the Internet or otherwise, and in particular where lay the custody threshold. The further distribution of images was a severely aggravating factor, as could be the degree of obscenity the age and number of children … Continue reading Regina v Wild; Regina v Jefferson: CACD 4 Jul 2001
As regards the offence of making indecent photographs of children, any intention of the defendant was irrelevant as to whether the photographs themselves were indecent. The defendant said he had obtained the images without any indecent intent, but only because they had a high photographic quality. The situation was different from that which obtained on … Continue reading Regina v Smethurst: CACD 13 Apr 2001
Claim directed to the Metropolitan Police Commissioner’s application for an execution of a warrant of seizure and the decision of the city of Westminster Magistrates’ Court to issue the warrant. Judges: Lord Justice Laws Mr Justice Simon Citations: [2011] EWHC 3331 (Admin) Links: Bailii Statutes: Protection of Children Act 1978 4 Jurisdiction: England and Wales … Continue reading G v Commissioner of Police for The Metropolis: Admn 7 Oct 2011
[2016] EWCA Crim 1053 Bailii Criminal Justice Act 1988 160(1), Protection of Children Act 1978 1(1)(a) England and Wales Crime Updated: 20 January 2022; Ref: scu.567778
Computer based digital images are ‘copies of a photograph’ sufficient for the Act, and so possession of digital entities capable of being transformed into images were such photographs. Making a file available for download, was sufficient to amount to distribution or publication of them. Times 03-Oct-1996, [1996] EWCA Crim 825 Protection of Children Act 1978, … Continue reading Regina v Fellows, Arnold: CACD 27 Sep 1996
December 2009 the complainant submitted a Freedom of Information request to the Tate Modern requesting a copy of the legal advice it had received about the potential legality of displaying a photograph of Brooke Shields in a Pop Life Exhibition at the gallery. Following the legal advice, the photograph was displayed. However, it was then … Continue reading Tate Modern (Decision Notice): ICO 30 Sep 2010
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The defendant contended that the offence was not committed since nobody had witnessed the offence. … Continue reading Hamilton, Regina v: CACD 16 Aug 2007
The CC appealed by case stated against a refusal of an order under the 2000 Act for the disclosure by the defendant of a cryptography key. The defendant had a history of sexual offences against children and had failed to keep to the terms of a Sexual Offences Prevention Order. He was found with indecent … Continue reading Greater Manchester Police v Andrews: Admn 23 May 2011
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part. Held: In this case an unequal division would reflect the husband’s special and exceptional contributions. As to the balance between the cases … Continue reading Sorrell v Sorrell: FD 29 Jul 2005
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights. Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the Convention, and the interference with property rights was justified by the balancing interest of preventing cruelty … Continue reading Adams and Others v Lord Advocate: IHCS 31 Jul 2002
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and ensure that she understood it, and that it represented her wishes. He then witnessed the … Continue reading Hoff and others v Atherton: CA 19 Nov 2004
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
Appeal against strike out of claims for defamation and malicious falsehood. The defendant had given evidence to the Culture Media and Sport Select Committee of the House of Commons with material highly critical of the claimant, a member of FIFA’s executive. That evidence was protected by parliamentary priviege, but the claimant said that the defendant … Continue reading Makudi v Baron Triesman of Tottenham: CA 26 Feb 2014
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales with the mother. An order, with penal notice attached requiring the respondent to return … Continue reading Jones, Re (Alleged Contempt of Court): FD 21 Aug 2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The claimant accused the defendant of making threats in connection with trade mark applications. The claimants operated under US trade marks associated with ‘Best Buy’ and sought similar marks in Europe. The defendant company traded under a similar style, and opposed the application, refering to its existing registrations. The claimants had proposed a co-existence agreement, … Continue reading Best Buy Co Inc and Another v Worldwide Sales Corp. Espana Sl: ChD 8 Jul 2010
mak_ukECHR10 When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent. Held: The doctor had acted in a way to infringe the child and the parent’s human rights in acting … Continue reading MAK and RK v The United Kingdom: ECHR 23 Mar 2010
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
