The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The defendant appealed against his conviction for murder saying that since part of the trial had been in camera the result was unsafe. Held: The appeal failed. The Court addressed submissions advanced on his behalf indicating how substantially the essence of the appellant’s case was in fact publicly disclosed: ‘He [Mr Robertson] contends that if … Continue reading Yam v Regina: CACD 5 Oct 2010
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the 2005 Act. Held: The organisation of which the applicant was a member might soon enter into a settlement with the Libyan Government which event may be supported by the applicant allowing a relaxation of his … Continue reading AR v Secretary of State for the Home Department: Admn 15 Jul 2009
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue. Held: There were no grounds for disturbing the finding: ‘The reference was sought by a bank, in the context of money laundering regulations directed at … Continue reading Baxendale-Walker v Law Society: CA 15 Mar 2007
The applicant said that his human rights had been infringed under laws which required him to apply to the high court for bail rather than to a magistrate, necessitating a further four day wait before his application for bail was considered. He had been remanded after admitting an armed robbery, though the police had not … Continue reading McKay v The United Kingdom: ECHR 3 Oct 2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay. Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in the respondent’s conduct of foreign relations, but the claimants now asserted severe infringement of … Continue reading Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006
ECJ (Common Foreign and Security Policy) Opinion – Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual concern of the group bringing the action Judges: Kokott J Citations: [2006] EUECJ C-229/05 … Continue reading PKK and KNK v Council: ECJ 27 Sep 2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3. Held: The appeal succeeded. The availability of a judicial review of the orders made was sufficient to provide a protection. The … Continue reading Secretary of State for the Home Department v MB: CA 1 Aug 2006
The applicants had challenged non-derogating control orders restricting his liberty on the basis that he was suspected of terrorist intentions. The Home Secretary appealed an order finding the restrictions to be unlawful. Held: The Home Secretary’s appeal failed. The restrictions imposing an 18 hours a day curfew, and additional substantial movement and association restrictions amounted … Continue reading Secretary of State for the Home Department v JJ and others: CA 1 Aug 2006
(The Bahamas) The respondent sought the extradition of the appellant to face drugs charges. The appellant said that if extradited, he would not receive a fair trial, having been declared publicly by the US President to be a drugs ‘kingpin’. Held: It was wrong to suggest that the role of the Supreme Court on an … Continue reading Samuel Knowles, Junior v United States of America and Another: PC 24 Jul 2006
Application for judicial review of refusal to hear bail application in public. The bail application before the magistrates had been held in public, but not that to the crown court, as was normal practice. The issue on such an application is not the merits of the refusal of bail, but the process by which the … Continue reading Malik v Central Criminal Court and Another: Admn 27 Jun 2006
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 2006
The defendant complained that the European arrest warrant under which he was held was not effective since it did not certify or specify an extradictable offence. Held: Provided the relevant material required by the statute was clearly set out in the warrant, that part of the warrant could be treated as a certificate so as … Continue reading Dabas v The High Court of Justice Madrid Spain: Admn 4 May 2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine. Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence … Continue reading Regina v Makuwa: CACD 23 Feb 2006
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry. Held: The jury should have been directed as to the defence of reasonable excuse and otherwise. The statute had to be read so as to comply … Continue reading Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.‘When applying the national law, the national court that is called … Continue reading Criminal proceedings against Pupino: ECJ 16 Jun 2005
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009
The claimant challenged the decision to extend his detention for questioning to 21 days. Citations: [2006] EWHC 2467 (Admin) Links: Bailii Statutes: Terrorism Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina v Manchester Crown Court ex parte Williams and Simpson 1990 If an application to prefer a Voluntary Bill is successful there is … Continue reading Hussain, Regina (on the Application of) v Crown Prosecution Service: Admn 29 Aug 2006
Application to quash the decision of the Greater Manchester Police to exclude Mr A, a solicitor, from acting for and advising M, a detainee in custody under section 41 of the Terrorism Act 2000. Judges: Mr Justice Beatson Citations: [2006] EWHC 2396 (Admin) Links: Bailii Statutes: Terrorism Act 2000 41 Jurisdiction: England and Wales Police, … Continue reading Omar Malik, Regina (on The Application of) v Chief Constable of Greater Manchester: Admn 5 Sep 2006
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005
Appeals against extended sentences of 17 years and 8 months imposed for an offence of preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006. The extended sentence comprised a custodial term of 12 years 8 months and an extension period of 5 years. In addition, the appellants were made subject to … Continue reading Sarwar and Another v Regina: CACD 9 Dec 2015
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence under the 2006 Act. The police secured expert evidence from the National Document Fraud … Continue reading Zenati v Police of The Metropolis and Another: CA 11 Feb 2015
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
J appealed from his conviction of murder. He admitted the act but said that it was in self defence. He said that the Judge had misdirected the jury as to the burden of evidence on the issue of self defence. Held: Lord Devlin said: ‘Their Lordships do not understand what is meant by the phrase … Continue reading Jayasena v The Queen: PC 1 Dec 2006
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group. Held: The appeals succeeded. In order to found such a social group, the connection between the members … Continue reading Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006
Fair Comment Crticism of Newspaper Publisher The plaintiff alleged that the headline to an article written by the defendant which criticised the behaviour of the Beaverbrook Press, and which read ‘Lower than Kemsley’ was defamatory. The defendant pleaded fair comment. The plaintiff appealed. An application on the RSC Order 19 rule 27 and RSC order … Continue reading Kemsley v Foot: HL 25 Feb 1952
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase. Held: The increase in the minimum term to be served was an increase in the sentence. A … Continue reading Regina v Secretary of State for the Home Department Ex parte Anderson: HL 25 Nov 2002
Police Entrapment is no defence to Criminal Act The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply. Held: It was an abuse of process for the police to go so far as to incite a crime. Lord Nicholls of Birkenhead said: … Continue reading Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000: HL 25 Oct 2001
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007
Words which were broadcast were capable of meaning that the Plaintiff’s behaviour had contributed to deaths. She was a campaigner against the giving of contraceptive advice to young girls. Held: The statement was defamatory. The full test was: ‘(1) The court should give to the material complained of the natural and ordinary meaning which it … Continue reading Gillick v British Broadcasting Corporation and Another: CA 19 Oct 1995
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
The plaintiff newspaper proprietor complained that the defendant had defamed him in a publication ‘The Tribune’ with a headline to an article ‘Lower than Hemsley’ which article otherwise had no connection with the plaintiff. He said it suggested . .
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
The plaintiff complained that the defendant had defamed him with a headline to an article ‘Lower than Hemsley’ which otherwise had no connection with the plaintiff. He said it suggested that he was a byword for poor journalism.
Held: Criticism . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The several defendants appealed against sentences imposed for acts preparatory to terrorism. Each had been involved to a lesser extent than principals in a larger circle. Held: Leveson LJ said: ‘Although potentially highly relevant both to culpability and potential harm (and, thus, of importance for the purpose of fixing the punitive part of any sentence) … Continue reading Khan and Others v Regina: CACD 16 Apr 2013
The defendant faced trial on allegations of acts in preparation of terrorism. He wanted to say that he had been encouraged by security officers and argued that he English law as to entrapment was incompatible with his human rights, and now sought leave to refer the point of law to the Supreme Court. Citations: [2018] … Continue reading Ali Syed, Regina v: CACD 18 Dec 2018
Appeal by defendant in terrorist trial against ruling at preparatory hearing that he had no reasonable excuse defence. Citations: [2008] EWCA Crim 922 Links: Bailii Statutes: Criminal Procedure and Investigations Act 1996, Terrorism Act 2000 58, Terrorism Act 2006 51 Jurisdiction: England and Wales Cited by: Appeal from – Regina v G; Regina v J … Continue reading G v Regina: CACD 29 Apr 2008
The defendant applied for leave to appeal against his sentence after conviction for an offence under section 5 of the 2006 Act. Held: The Court was not prepared to lay down any general range for s.5 offences. Citations: [2009] EWCA Crim 664 Statutes: Terrorism Act 2006 5(1) Jurisdiction: England and Wales Cited by: See Also … Continue reading Regina v Tabbakh: CACD 2009
Defendants appealed agaist sentence after conviction under section 5 of the 2006 Act. McCombe LJ, Wyn Williams, Patterson JJ [2013] EWCA Crim 2230 Bailii Terrorism Act 2006 5 England and Wales Cited by: Cited – Dart and Others v Regina CACD 31-Oct-2014 The defendants had been convicted on guilty pleas of offences under the 2006 … Continue reading Khan and Others v Regina: CACD 4 Dec 2013
The defendants had been convicted on guilty pleas of offences under the 2006 Act. Dart had been sentenced to a six year term and a five year extended sentence. Other received shorter and longer sentences as appropriate. They now applied for leave to appeal against sentence. Held: Leave was refused for three defendants, but given … Continue reading Dart and Others v Regina: CACD 31 Oct 2014
The factual nexus between the offender’s conduct in preparation for giving effect to that intention and the future commission of the intended act(s) of terrorism will be a significant factor in determining the ultimate sentence for a s.5 offence . .
The claimant sought to challenge a control order made against him under the 2005 Act. He had not cross examined the prosecution witnesses saying that the procedure was unfair in that he had not been allowed to see all the evidence against him. He said that the evidence did not justify the finding of reasonable … Continue reading Secretary of State for the Home Department v AL: Admn 17 Aug 2007
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
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
There are exceptional cases to the rule in Woolmington for: ‘offences where onus of proof is specially dealt with by statute’. ‘There is no reason to repeat to the jury the warning as to reasonable doubt again and again, provided that the direction is plainly given.’ The House considered the reasonable man test in the … Continue reading Mancini v Director of Public Prosecutions: HL 1941
The claimant challenged the application to him of the notification requirements under the 2006 Act. Held: It was not disproportionate to impose the notification requirement for ten years after release on license even though there was no right of review. Judges: Maurice Kay, Munby, Tomlinson LJJ Citations: [2012] EWCA Civ 1471, [2013] HRLR 6, [2013] … Continue reading Irfan, Regina (on The Application of) v Secretary of State for The Home Department: CA 14 Nov 2012
(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007
Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written … Continue reading Re Guardian Newspapers and Others: CACD 20 Sep 1993
The defendant appealed against his conviction under the 2006 Act for disseminating terrorist publications. He had uploaded to the internet videos showing attacks ofn coalition forces on soldiers of the coalition. He said that his were not acts falling within the offence. Held: The appeal failed. The court underlined the ‘comprehensive’ scope and ‘broad’ nature … Continue reading Gul (M), Regina v: CACD 22 Feb 2012
The defendant appealed from his convictions for possession and dissemination of terrorist related publications, saying that the judge should not have admitted evidence of the possession by named terrorist offenders of material similar or identical to that allegedly disseminated by the appellant, for the purpose of considering whether the material comprised ‘a terrorist publication’ Judges: … Continue reading Faraz v Regina: CACD 21 Dec 2012
Appeal from conviction of engaging in conduct in preparation for terrorist acts, contrary to section 5(1)(a) of the Terrorism Act 2006. Citations: [2019] EWCA Crim 1705 Links: Bailii Jurisdiction: England and Wales Crime Updated: 20 October 2022; Ref: scu.647023
In a defamation claim, there is a parallel to be drawn between what is necessary in respect of the defence of justification and what is necessary where the defence of fair comment is raised. Where justification is pleaded, a defendant is required to spell out the meaning of the words which he would seek to … Continue reading Control Risks v New English Library: CA 1989
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011
The International Court of Justice referred to the maintenance of an apartheid regime as being a flagrant violation of the purposes and principles of the UN Charter,Article 22(1) of the Covenant of the League of Nations provided for the grant of mandates for the administration of former colonies and territories ‘which are inhabited by peoples … Continue reading Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970): ICJ 21 Jun 1971
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
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm. Judges: Pill, Rimer, Black LJJ Citations: [2010] EWCA Civ 1407 Links: Bailii Statutes: Geneva Convention relating to the Status of Refugees (1951), Immigration, … Continue reading Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even under less stringent terms. Held: The restrictions imposed fell just within the boundary … Continue reading Secretary of State for the Home Department v AH: Admn 9 May 2008
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010
The defendants appealed against their sentences for terrorist offences involving the possession of terrorist publications with intent to distribute them. The prosecution had asserted that in terrorist cases the normal cautions on sentencing did not apply. Held: Courts should be careful to reflect the actual acts of the defendants when sentencing. Section 2 was concerned … Continue reading Rahman and Mohammed v Regina: CACD 8 Jul 2008
(Admissibility and Summary) Citations: [2009] ECHR 755, 4158/05 Links: Bailii Statutes: Terrorism Act 2000 44, European Convention on Human Rights 5 8 10 Jurisdiction: Human Rights Citing: At First Instance – Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003 The applicants challenged by … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 May 2009
Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (Dec): ECHR 28 Jan 2014
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008
The Court considered the nature of the documents which fall within the section and, secondly, the scope of the defence of reasonable excuse under section 58(3). Held: ‘A document or record will only fall within section 58 if it is of a kind that is likely to provide practical assistance to a person committing or … Continue reading K v Regina: CACD 13 Feb 2008
The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. Citations: 4158/05, [2008] ECHR 521 Links: Bailii Statutes: European Convention on Human Rights 5 8 10, Terrorism Act 2000 44 Jurisdiction: Human Rights Citing: At First Instance – … Continue reading Gillan and Quinton v The United Kingdom: ECHR 10 Jun 2008
