The applicant challenged the imposition of an anti-social behaviour order following his conviction. Citations: [2007] EWHC 883 (Admin) Links: Bailii Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 12 December 2022; Ref: scu.251645
Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986
W was born in China to Chinese parents. His aunt came to Britain and acquired citizenship. He came to live with her while studying, and she applied to adopt him. The judge refused saying that the primary intention was to obtain citizenship. Held: The appeal failed. It should be good practice to give notice to … Continue reading Re W (A Minor) (Adoption: Non-Patrial): CA 1986
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act. Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to preserve certain classes of offender from capital punishment for killings carried out by reason of diminished responsibility … Continue reading D v L and Others: ChD 16 Apr 2003
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute. Held: There was nothing to preclude English courts from granting Mareva type injunctions against defendants extending to assets outside the jurisdiction, but the court … Continue reading Babanaft International Co SA v Bassatne: CA 30 Jun 1988
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993
Judges: Wilkie J Citations: [2006] EWHC 1796 (Admin) Links: Bailii Statutes: Public Order Act 1986 4(1) 4(4) Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.243383
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the … Continue reading Director of Public Prosecutions v Morrison: Admn 4 Apr 2003
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
Judges: Mr Justice Irwin Citations: [2015] EWHC 856 (Admin) Links: Bailii Statutes: Public Order Act 1986 4 Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.547353
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party … Continue reading Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997
The defendant appealed against his conviction, saying that the evidence was obtained by means of an unlawful search by an officer. Judges: Sir John Thomas P BD, Wyn Williams J Citations: [2011] EWHC 3760 (Admin) Links: Bailii Statutes: Public Order Act 1986 Jurisdiction: England and Wales Cited by: Cited – Marshall v Crown Prosecution Service … Continue reading Tuthill v The Director of Public Prosecutions: Admn 15 Nov 2011
The court had been asked to intervene in an internal dispute as to the role of an Imam in a mosque community. Held: The request was denied. The case was not one of public law: ‘ the particular function which the Imam was performing affected the applicant’s rights in a way which was peculiar to … Continue reading Regina v The Imam of Bury Park Mosque, Luton and others ex parte Sualiman Ali: CA 12 May 1993
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.Hirts LJ said: ‘the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to … Continue reading Islwyn Borough Council and Another v Newport Borough Council: CA 28 Jun 1993
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003
Aiding and abetting, as a common law offence, is applicable to all Acts including offences under the 1986 Act. Citations: Ind Summary 09-Aug-1993, Times 22-Jun-1993 Statutes: Public Order Act 1986 Jurisdiction: England and Wales Crime, Judicial Review Updated: 25 October 2022; Ref: scu.86993
Judges: Moses LJ, Irwin J Citations: [2012] EWHC 605 (Admin) Links: Bailii Statutes: Public Order Act 1986 4(1) Crime Updated: 05 October 2022; Ref: scu.452176
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online translations to English could be created automatically. The parties disputed the number of hits … Continue reading Ahuja v Politika Novine I Magazini Doo and Others: QBD 23 Nov 2015
‘The phrase ‘uses towards another person’ means, in the context of section 4(1)(a) ‘uses in the presence of and in the direction of another person directly.” Judges: Taylor LJ Citations: [1989] 89 Cr App R 199 Statutes: Public Order Act 1986 4(1)(a) Jurisdiction: England and Wales Cited by: Cited – I v Director of Public … Continue reading Atkin v Director of Public Prosecutions: CACD 1989
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
Judges: Andrews DBE J Citations: [2018] EWHC 2869 (Admin) Links: Bailii Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 09 September 2022; Ref: scu.631198
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
Application for winding up orders on public interest grounds. Judges: His Honour Judge Stephen Davies Citations: [2019] EWHC 2890 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Insolvency Updated: 07 September 2022; Ref: scu.643891
The ingredients of the offence of conspiracy are complete once there is agreement between two or more persons. An overt act is not itself an ‘element’ of the conspiracy. There is a crime of unlawfully assembling in such a manner as to disturb the public peace. Citations: [1974] AC 104, [1973] 2 All ER 1242, … Continue reading Kamara v Director of Public Prosecutions: HL 1973
The claimant challenged a condition imposed by the chief officer of police under section 14(2)(b) prohibiting his group from holding an assembly at a particular location.One ground of challenge was a failure to give adequate reasons, as to which Bean J said: ‘It seems to me that a distinction is to be drawn – and … Continue reading Brehony, Regina (on the Application Of) v Greater Manchester Police: Admn 23 Mar 2005
The Divisional Court upheld a condition imposed under section 14 of the 1986 Act which prescribed permitted entrance and exit points for an assembly. Citations: [2002] EWHC 110 (Admin) Statutes: Public Order Act 1986 14 Jurisdiction: England and Wales Cited by: Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn … Continue reading Director of Public Prosecutions v Jones: Admn 2002
Two of those participating in a march demonstrating against cuts in the education budget, left that march to join the Occupy Movement’s demonstration in Trafalgar Square against the excesses of capitalism. They were, convicted at Westminster Magistrates’ Court of breaching conditions imposed under section 12 of the Public Order Act 1986 in respect of the … Continue reading Jukes and Others v Director of Public Prosecutions: Admn 16 Jan 2013
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
The appellant had been charged with, and convicted of, an offence contrary to section 4A(1) of the 1986 Act. He had allegedly gone into the laundry room in the basement of the sheltered accommodation where he and the complainant and others each had self-contained flats, shouting obscenities at the complainant. The Divisional Court dismissed his … Continue reading Le Vine v Director of Public Prosecutions: Admn 6 May 2010
Appeal by way of case stated from a decision of the Newham Justices convicting the appellant of an offence of using threatening behaviour under section 4 of the Public Order Act 1986. Citations: [2008] EWHC 2540 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 16 August 2022; Ref: scu.277293
The defendant appealed his conviction for affray saying that since there was only one person present and the magistrates, having seen CCTV of the events had not taken other evidence. Held: The appeal failed: ‘it was quite open to the magistrates to record what they had seen, as long as they went on to ask … Continue reading Freeman, Regina (on The Application of) v Department of Public Prosecution: Admn 5 Feb 2013
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground. Held: She had brought the proceedings knowing of several reasons making her action inappropriate and unnecessary. However, she had followed proper procedures, the … Continue reading Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
The defendant had been convicted in his absence of threating behaviour, but acquitted of racially aggravated threatening behaviour. The prosecutor appealed. On being asked to leave a hospital reception he had cursed the ‘lying Paki doctor’ who had assisted him on the evening before. Held: The appeal succeeded. In deciding whether an offence is racially … Continue reading Director of Public Prosecutions v Dykes: Admn 21 Oct 2008
The SIB sought injunctions pursuant to the 1986 Act, three to prevent continued breaches of the law and fourth, an asset freezing order. It was argued that although it might be right to dispense with a cross-undertaking in damages in relation to the first three injunctions, a Mareva was quite different and that ‘such an … Continue reading Securities and Investments Board v Lloyd-Wright and Another: ChD 23 Jun 1993
The applicant had successfully defended himself in person on a motoring charge, and appealed refusal of an order for costs in his favour. Loss of earnings. Citations: [2008] EWHC 948 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 19(1), Costs in Criminal Cases General Regulations 1986 3 Jurisdiction: England and Wales Magistrates, Costs Updated: … Continue reading Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant. Held: The appeal failed. The fact that a motive was not the sole motive did … Continue reading Johnson v Director of Public Prosecutions: Admn 26 Feb 2008
Prosecutor’s appeal against dismissal of charge of using threatening or abusive words or behaviour. Officers stopping youths in street and searching for drugs. The defendant had challenged the admission of statements said to have been made at the scene by the defendants under Code C. After exclusion of the admissions, the prosecutor had offered no … Continue reading Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Evans LJ discussed the offence of affray saying that the court can take into account the reaction of other people who were present: ‘are in no sense bound to conclude that the statutory test was not satisfied merely because those persons were not apparently affected, any more than they would be bound to conclude that … Continue reading Director of Public Prosecution v Cotcher: Admn 7 Dec 1992
The defendant’s brother was stopped and searched by a police officer. While this search was going on the defendant approached and swore at the PC on two occasions, interfering with the search. He was cautioned after the first swearing incident and arrested after the second. Held: Whether the person addressed is a police officer or … Continue reading Southard v Director of Public Prosecutions: Admn 9 Nov 2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress. Held: It was a quiet residential street late at night. The defendant had been shouting, and it was open … Continue reading Taylor v Director of Public Prosecutions: Admn 28 Apr 2006
The claimants had variously been attending a demonstration in London, or passing through. The police detained them in a cordon for several hours. They sought damages. No unlawful acts were alleged against them. Held: There was no deprivation of liberty during the initial period when the cordon was not absolute and people were free to … Continue reading Austin and Another v The Commissioner of Police of the Metropolis: QBD 23 Mar 2005
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Costs and expenses partial awardThe claimant company alleged that its human rights had been violated in that it had been ordered to pay … Continue reading Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into consideration for the purpose. Held: When a challenge is made in court to … Continue reading Regina v Lancashire County Council ex parte Huddleston: CA 1986
The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022
The defendant had been naked, filming children playing. He had not been seen doing so. The court considered whether a conviction for disorderly conduct under section 5 required the presence of a third party. It was an express finding by the court that the behaviour was not seen by anybody else. Held: The defendant’s appeal … Continue reading Holloway v Director of Public Prosecutions: Admn 21 Oct 2004
The Secretary of state sought the winding up of the companies saying it was expedient in the public interest to do so. A shareholder opposed this saying that the companies were solvent. Held: The shareholder had, in the absence of any position taken by the company, the standing to make the application, which was granted … Continue reading Rodencroft Limited, W. G. Birch Developments Limited, H-M Birch Limited; Simon Allso v The Secretary for State for Trade and Industry: ChD 23 Apr 2004
The statement was issued as a gloss on the 1994 practice statement. A party wishing to restrict access to all or any part of an independent report prepared in support of an application for an administration order must be ready to support their application with proper reasons. Each application must be dealt with on its … Continue reading Practice Statement (Administration order: Reports): ChD 15 Apr 2002
The appellant had been approached and searched by police officers and swore at them. He now appealed against a conviction under section 5 of the 1986 Act. Held: The use of the word ‘fuck’ was common in such situations. Neither officer had claimed to have been alarmed or distressed by the use of the word, … Continue reading Harvey v Director of Public Prosecutions: Admn 17 Nov 2011
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
Citations: [2004] EWHC 464 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998, Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 10 June 2022; Ref: scu.194908
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003
(Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings. Held: The appeal succeeded. The Act had explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there. Held: The health centre was not a hospital within the regulations. However the request had already been made at a police station, which request had not been superseded. … Continue reading Russell v Devine (On Appeal from the Court of Appeal Northern Ireland): HL 8 May 2003
The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003
The House considered the availability of duress as a defence on a charge of aiding and abetting murder. Referring to the basic elements of criminal liability, mens rea and actus reus: ‘Both terms have, however, justified themselves by their usefulness; and I shall myself employ them in their traditional senses – namely, actus reus to … Continue reading Director of Public Prosecutions for Northern Ireland v Lynch: HL 1975
The petitioner complained of unfair prejudice in the way the company had been operated, and sought an order that his shares be bought out. However the judge found that the net value of the company was negative and the shares worthless. The judge had held that an offer to buy the shares for andpound;5,000 had … Continue reading Bonham v Crow and others: CA 13 Dec 2001
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
(Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review. Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted … Continue reading Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons): PC 29 Nov 2001
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as … Continue reading Lingens v Austria: ECHR 8 Jul 1986
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held that the carrying of such equipment in public even without overt threats or acts … Continue reading I v Director of Public Prosecutions etc: HL 8 Mar 2001
The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that decision. He said that no leave was required because it was part of criminal proceedings not covered … Continue reading Ew v Director of Public Prosecutions and Others: CA 11 Feb 2010
The defendant appealed saying that the prosecution of him in connection with an incident outside a night club had been undertaken without disclosure of CCTV tape. Judges: Buxton LJ, Collins j Citations: [1999] EWHC Admin 11 Links: Bailii Statutes: Public Order Act 1986 4, Police Act 1986 89 Jurisdiction: England and Wales Crime Updated: 28 … Continue reading Director of Public Prosecutions v Chipping: Admn 11 Jan 1999
There was no necessary requirement for evidence from a victim perceiving the use insulting words or behaviour so as to actually feel threatened. Citations: Times 23-Jan-1997, (1996) 161 JP 203, [1996] EWHC Admin 314 Links: Bailii Statutes: Public Order Act 1986 4(1) Cited by: Applied – I v Director of Public Prosecutions etc HL 8-Mar-2001 … Continue reading Swanston v Director of Public Prosecutions: Admn 3 Dec 1996
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
There had been an expropriation by Spanish decrees of shares in a Spanish company whose English subsidiary had rights in trade marks which it had sold to a Jersey company. The Spanish and English companies sought certain relief in relation to the trade marks, but the dispossessed proprietors sought to argue that the Spanish decrees … Continue reading Williams and Humbert Ltd v W and H Trade Marks (Jersey) Ltd: HL 1986
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
A losing candidate at a local election alleged corrupt and illegal practices relating to the entry of non-existent people on the electoral roll and using postal votes. The Election Commissioner found this proved and the election void, and awarded costs against him. He was unable to meet the sum awarded and became bankrupt. The candidate … Continue reading The Conservative and Unionist Party v The Election Commissioner: CA 23 Nov 2010
The defendant appealed against his conviction for affray. With a co-accused he had asked a motorist in an aggressive manner to drive them to a particular destination and threatened to take the car if he did not do so. Under s3(3) a threat on a charge of affray cannot be made by the use of … Continue reading Regina v Robinson: CACD 1993
(Jamaica) The constitution provided that no person tried for a criminal offence and either convicted or acquitted should again be tried for that offence. It was asked whether this was to be treated as declaring the common law or as expressing the law on the subject differently. Held: ‘All the judges below have treated [section … Continue reading Director of Public Prosecutions v Nasralla: PC 1967
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, and he disclosed his note of the attendance on the plaintiff to the defendant. The note … Continue reading Goddard v Nationwide Building Society: CA 1986
At the trial of a substantive claim for declarations of property rights in the context of confiscation proceedings under the 1986 Act, two interested parties sought to dismissal or stay of the claims dismissed for delay. The proceedings went back to arrests and orders in 1993. Reliance was placed upon Article 6 of the ECHR. … Continue reading Crown Prosecution Service v Bentham: Admn 2003
(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. The 1967 Order was made under powers conferred by the Judicial Committee Act 1844 … Continue reading Mitchell v Director of Public Prosecutions of Grenada: PC 1986
The defendant director had resigned from the plaintiff company from dissatisfaction with its progress. He later received an order from the company’s former customer. The court considered the continuing duties of a company director after the termination of his appointment. Hutchinson J said: ‘It would, it seems to me, be surprising to find that directors … Continue reading Island Export Finance v Umunna: ChD 1986
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying that the plaintiff was a trespasser upon the highway. Held: Insofar as the plaintiff was upon a highway … Continue reading Harrison v Duke of Rutland: CA 8 Dec 1893
The disqualified director sought leave under section 17 to act as a director in circumstances which did not involve him assuming any executive responsibilities, other than of a trivial nature, and left him free to contract as a consultant. Held: Where a disqualification order has been made following dishonesty, that is likely to be a … Continue reading Re Barings and Others (No 3): ChD 1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
A company director who was resident overseas may be subject to disqualification proceedings. Citations: Ind Summary 03-May-1993 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Citing: See Also – In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker CA 22-Feb-1993 The court has jurisdiction to order the public examination of a company … Continue reading Re Seagull Manufacturing Co Ltd: ChD 3 May 1993