Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
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Petitioned seeking a declaration that a local government election was invalid, on the basis of alleged acts and omissions perpetrated by the Returning Officer. Ballot papers had been misprinted with the wrong ward names. Wilkie, Jay JJ [2015] EWHC 3136 (QB) Bailii Representation of the People Act 1983 43 England and Wales Elections Updated: 12 … Continue reading Baxter v Fear and Others: QBD 30 Oct 2015
Mrs Jones had been elected as an MP, but suspended after conviction for making a false declaration as to her election expenses. Her appeal was allowed, and no writ having been moved for another election, the AG asked whether she was entitled to resume her seat. Held: She was: ‘ justice requires that when a … Continue reading The Attorney General v Jones: Admn 30 Apr 1999
The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate … Continue reading Greens v The United Kingdom: ECHR 23 Nov 2010
(Resolutions) The court noted the long delay in the respondent in implementing the judgment of the court and giving prisoners voting rights, the present consultation and adjourned until March 2011 for further information. Citations: [2009] ECHR 2260, 4025/01 Links: Bailii Statutes: Representation of the People Act 1983 3, European Convention on Human Rights 3 Citing: … Continue reading Hirst v The United Kingdom: ECHR 3 Dec 2009
The prisoner claimant appealed against refusal of his request for judicial review of his disenfranchisement whilst a prisoner. Held: The appeal was dismissed. It was not possible to read into the Act as suggested a duty on a judge on sentencing Judges: Lord Neuberger MR, Laws LJ, Carnwath LJ Citations: [2010] EWCA Civ 1439, [2011] … Continue reading Chester v Secretary of State for Justice and Wakefield Metropolitan District Council: CA 17 Dec 2010
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
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants argued that the Civil Procedure Rules took sway over the Election Rules, and that the … Continue reading Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
