The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
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
The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction. Held: A freezing order (Mareva injunction) can be made in respect of assets which were outside the jurisdiction. To meet the court’s concerns about the risk of oppression to the defendant arising … Continue reading Derby and Co Ltd v Weldon: CA 2 Jan 1989
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
Citations: [2008] EWHC 438 (Admin), [2008] 1 WLR 2847, [2008] ACD 46 Links: Bailii Statutes: Public Order Act 1986 4A Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.266228
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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 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 appellant’s employment had terminated in circumstances where he had threatened to publicise matters about the defendant’s activities, but had failed to co-operate with the company in investigating his allegations by particularising them. Held: The appeals were misconceived and bound to fail. Leave to appeal was refused. Judges: Waite LJ, Singer J Citations: [1997] EWCA … Continue reading Vickerstaff v Edbro Plc: CA 28 Jan 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
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
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
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
Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the … Continue reading Regina v Gray: CACD 22 Apr 1998
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
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
The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985
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
‘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
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 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 Court dismissed a challenge brought on behalf of the Campaign for Nuclear Disarmament to a condition imposed under section 3(3) of the 1936 Act prohibiting all processions in the Metropolitan Police District. Citations: Times 15-May-1981 Statutes: Public Order Act 1936 Jurisdiction: England and Wales Cited by: Cited – Jones and Others v The Commissioner … Continue reading Kent v Commissioner of Police of the Metropolis: CA 15 May 1981
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
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was passed after the demonstrations began. He said that the demonstration was a continuing one, and the the Act … Continue reading Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 8 May 2006
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 local authority agreed to pay for the plaintiff’s premises in Liverpool at the price which would have been payable if the acquisition had been by way of compulsory purchase. The major part of the price constituted compensation for disturbance, which it was common ground fell to be assessed in the same way as … Continue reading Palatine Graphic Arts Co Ltd v Liverpool City Council: CA 1985
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
Using a hidden video camera, passively to film women in changing rooms, was an act of the camera owner, and constituted the insulting behaviour offence. Citations: Times 09-Dec-1997, [1998] 162 JPR 115 Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Cited by: Cited – Percy v Director of Public Prosecutions Admn 21-Dec-2001 The … Continue reading Vigon v Director of Public Prosecutions: QBD 9 Dec 1997
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being pre-planned. They objected to being required to apply for a licence and to file a route with the Commissioner under section 11. The … Continue reading Kay v Commissioner of the Police of the Metropolis: HL 26 Nov 2008
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 local authority sought to terminate parental contact with a child taken into care under a wardship. Held: The court had to consider the human rights of the parent as against the welfare interest of the child. Lord Oliver of Aylmerton said: ‘My Lords I do not, for my part, discern any conflict between the … Continue reading In Re KD (A Minor) (Ward: Termination of Access): HL 1988
The defendant sought to challenge the handling of his trial for disorderly conduct, and of the way the matter had been dealt with in his appeal to the crown court. He particularly complained of papers not being provided to him. Held: He had exercised his right to appeal to the Crown Court, and had succeeded. … Continue reading Milne, Regina (on the Application of) v Berwick-Upon-Tweed Magistrates’ Court: Admn 24 Jul 2008
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime. Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the … Continue reading Rogers, Regina v: HL 28 Feb 2007
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested. Held: The appeal succeeded. At the … Continue reading Wood v Director of Public Prosecutions: Admn 14 May 2008
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
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 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 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 court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994
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
Landlords took possession after a successful, at first instance, forfeiture claim. The tenant succeeded on appeal and then brought a claim for the wrong of breach of the covenant for quiet enjoyment. Held: The lease had been in existence all the time, despite the ‘wrong’ order for forfeiture. A person acting on the basis of … Continue reading Expert Clothing Service and Sales Ltd v Hillgate House Ltd: CA 1985
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
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 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
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the notice. A number of informations were laid against Bovis but they were adjourned and the injunction … Continue reading City of London Corporation v Bovis Construction Ltd: CA 18 Apr 1988
The plaintiff sought to restrain the publication of an article. The defendants asserted that they would justify what they said at trial by reference to a Polly Peck defence, as to which: ‘I cannot see why the Bonnard v Perryman principle should not be applied. Quite apart from any question of public interest in the … Continue reading Khashoggi v IPC Magazines Ltd: CA 1986
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
(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
Appeal against sentence for an offence of using threatening behaviour, contrary to section 4 of the Public Order Act 1986. Citations: [2018] EWCA Crim 2447 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 07 June 2022; Ref: scu.628188
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 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
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably have thought necessary. ‘In a great many cases proof of a cold-blooded cost-benefit … Continue reading Kiam v MGN Ltd: CA 28 Jan 2002
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
Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had sufficient equity in her property (over andpound;70k) to borrow sufficient to discharge her debt. Held: The … Continue reading Halabi v London Borough of Camden: ChD 14 Feb 2008
(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 district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
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
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
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
A ‘substantial risk’ in section 2(2) can means a risk which is ‘not insubstantial’. The test of ‘substantial risk’ and ‘serious prejudice’ are separate but overlapping. The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, … Continue reading Attorney-General v News Group Newspapers Ltd: CA 1987
(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
(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
A clergyman set up a pulpit and was holding services and delivering addresses on the seashore. Held: An injunction was refused. The court discouraged actions for trespass on public highways where the inteference was trivial. In this case, although he had no right to do what he was doing, it was harming nobody. Judges: Cozens-Hardy … Continue reading Llandudno Urban District Council v Woods: 1899
