Riley v Director of Public Prosecutions: Admn 6 Jul 2006
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
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
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 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
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
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
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989
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 tenant had, in the tenancy agreement itself, purported to contract ‘not in any event to serve a counter-notice under Section 24(1)’ of the 1948 Act. Held: A head tenant under an agricultural tenancy has the right to challenge any notice to quit by serving a counter-notice, and any agreement purporting to exclude or curtail … Continue reading Johnson v Moreton: HL 1980
The applicant wished to demonstrate outside Marks and Spencer in Manchester, saying that the store supported the Israeli government against the Palestinians. He sought review of an order from the respondent refusing him permission over the Christmas period when the pavements would be especially busy, and requiring any demonstration to be held on open land … Continue reading Regina (Brehony) v Chief Constable of Manchester Police: QBD 23 Mar 2005
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
Distributed Demonstration not within 1986 Act The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate. Held: The XRAU was not a public assembly at the scene of which Superintendent McMillan was present on the day … Continue reading Jones and Others v The Commissioner of Police for The Metropolis: Admn 6 Nov 2019
The company had paid substantial sums out in establishing a gas pipeline, and claimed those sums against its tax as capital allowances. The transaction involved a sale and leaseback arrangement which the special commissioners had found to be a pre-arranged series created only for a tax advantage, and the judge at first instance agreed saying … Continue reading Barclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes): HL 25 Nov 2004
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .