The defendants appealed their sentences after findings of guilt for blackmail, arising from their activities as wheel clampers. The judge said that blackmail is an ugly, serious offence. Both of the appellants knew full well what they were doing. He described how they dealt with motorists in an arrogant, bullying and abhorrent manner. Held: The … Continue reading Havell, Regina v: CACD 10 Mar 2006
There was no privilege against self incrimination in a civil action for a fanciful fear of criminal charges. Citations: Times 16-Jan-1996, Independent 10-Jan-1996, [1996] 3 All ER 244 Statutes: Theft Act 1968 21(1) Jurisdiction: England and Wales Cited by: Cited – Phillips v Mulcaire SC 24-May-2012 The claimant worked as personal assistant to a well … Continue reading Renworth Ltd v Stephansen and Another: CA 10 Jan 1996
New sentencing guidelines and standards were given for cases of theft by an employee or in breach of trust. There should be a reduction to account for inflation. 21 months for theft of 17,500 after a not guilty trial is the new benchmark. Citations: Gazette 10-Jun-1998 Statutes: Theft Act 1968 1 Jurisdiction: England and Wales … Continue reading Regina v Clark: CACD 10 Jun 1998
The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but … Continue reading Williams v Dyfed and Powys Police: CA 22 Nov 2010
The offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving … Continue reading Williams, Regina v: CACD 2 Nov 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
Lord Lane CJ said: ‘the court should not be astute to find that a theft has taken place where it would be straining the language so to hold, or where the ordinary person would not regard the defendant’s acts, though possibly morally reprehensible, as theft.’ Judges: Lord Lane CJ Citations: [1981] 1 WLR 578, [1981] … Continue reading Dip Kaur v Chief Constable of Hampshire: 10 Oct 1981
Robbery committed on public transport, against young persons, will lead to a custodial sentence, save in wholly exceptional circumstances. There is a need to provide deterrence, for what has become a common crime. Sentences of between twelve and eighteen months were imposed. Citations: Times 15-Jun-2000 Statutes: Theft Act 1968 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Khan (Attorney-General’s Reference No 7 of 2000); Same v Saunders (AG Ref 10 of 2000); Same v Paul (AG Ref 9 of 2000); Same v Wakelin (AG Ref 8 of 2000): CACD 15 Jun 2000
The court heard an application for an injunction to restrain publication of material relating to the claimant’s private and sexual life. Held: An injunction restraining publication and identification, but not an order restraining publication of the order itself was made. Sharp J said: ‘[Counsel for the Claimant] submits that looking at the matter from the … Continue reading DFT v TFD: QBD 27 Sep 2010
The claimant had sought and been granted an injunction to prevent the defendant publicising matters which had passed between them and which were he said private. Held: The jurisdiction to grant such injunctions was now established. Publication would cause damage to the claimant’s private life, damages would not be an adequate remedy, and the defendant … Continue reading AMM v HXW: QBD 7 Oct 2010
In the course of a theft, the defendant had held his fingers in his pocket so as to suggest that he had a gun. He appealed conviction for possessing an imitation firearm. Held: ‘Rules of statutory construction have a valuable role when the meaning of a statutory provision is doubtful, but none where, as here, … Continue reading Bentham, Regina v: HL 10 Mar 2005
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no jurisdiction to try them because of parliamentary privilege. Held: The appeals were dismissed. Neither Article 9 … Continue reading Chaytor and Others, Regina v: SC 1 Dec 2010
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
Whether Ommission Significant on Benefits Claim The defendant appealed against his conviction for false accounting. He had been claiming council tax benefit and housing benefit, but had failed to notify the council of a change in his circumstances. Held: The appeal failed. The court considered that the phrase ‘omits a material particular’ in the section … Continue reading Regina v Lancaster: CACD 2 Mar 2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
The defendant appealed against his conviction for misconduct in public office. As a police officer he had used an official credit card to pay for personal items. He said that he believed this was allowed where he intended to discharge the debt. He said that the judge should have left the issue of whether his … Continue reading Regina v W: CACD 2 Mar 2010
The prosecutor appealed against a terminating ruling that the defendant had no case to answer on allegations of mortgage fraud. The prosecution had failed to bring evidence to establish how the forms complained of would have been used for an . .
The expressions ‘constructive trust’ and ‘constructive trustee’ are ‘nothing more than a formula for equitable relief. It is the actual control of assets belonging beneficially to a company which causes the law to treat directors as analogous to . .
References: [1981] 1 WLR 578, [1981] 2 All ER 430, [1981] Crim LR 259, (1981) 72 Cr App R 359, (1981) 145 JP 313 Coram: Lord Lane CJ Lord Lane CJ said: ‘the court should not be astute to find that a theft has taken place where it would be straining the language so to … Continue reading Dip Kaur v Chief Constable of Hampshire; 10 Oct 1981
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Where a defendant holding a weapon did not himself enter the property, the proper charge is burglary and not aggravated burglary. The weapon must be carried by the offender at time of effecting entry to be committing aggravated burglary; having left it outside is not enough. Citations: Gazette 08-Jan-1998, Times 17-Dec-1997, [1997] EWCA Crim 3072 … Continue reading Regina v Klass: CACD 27 Nov 1997
A burglary became aggravated by an intent formed after the entry but before the theft. Citations: Gazette 13-Jan-1993 Statutes: Theft Act 1968 10(1)(b) Jurisdiction: England and Wales Criminal Practice Updated: 10 July 2022; Ref: scu.87045
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
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 claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
In the course of a robbery the defendant had held his finger in his pocket to suggest that he was pointing a gun at the victim. He now appealed against a conviction for possession of an imitation firearm. Held: The defendant could not successfully argue that he could not be prosecuted for possessing a part … Continue reading Regina v Bentham: CACD 5 Dec 2003
Citations: [1993] Crim LR 788 Statutes: Theft Act 1968 Jurisdiction: England and Wales Citing: Cited – Regina v Duru CACD 1974 The defendants were accused of involvement in mortgage frauds perpetrated on a local authority. The advances were made by cheque, and the defendants were charged with obtaining the cheques by deception. The principal question … Continue reading Regina v Mitchell: CACD 1993
The deception required as an element of the offence of obtaining a pecuniary advantage by deception, could be constituted by acquiescence, where there could properly be said to be a continuing representation, under which the person deceived had acted. The defendant had obtained a grant for his mother’s house whilst she was alive to assist … Continue reading Rai, Regina v: CACD 29 Oct 1999
When money had been received on a trust to send to a stakeholder but was misappropriated, the money still belonged to the payer, and a prosecution for theft was correct. This was different from cases where money was spent for the purposes stated. Citations: Times 19-Nov-1998 Statutes: Theft Act 1968 5(3) Jurisdiction: England and Wales … Continue reading Regina v Klineberg; Regina v Marsden: CACD 19 Nov 1998
Renewed application for leave to appeal from convictions of three counts of aggravated burglary, contrary to section 10 of the Theft Act (count 1), wounding with intent to do grievous bodily harm, contrary to section 18 of the Offences Against the Person Act (count 2) and having a firearm with intent, contrary to section 18 … Continue reading McCotter-Henry, Regina v: CACD 16 Mar 2018
In 2009 Baroness Uddin was interviewed by the Metropolitan Police with regards to whether she had committed an offence under the Theft Act 1968 or the Fraud Act 2006 in claiming Parliamentary expenses. In March 2010 the Crown Prosecution Service (CPS) announced that having considered the case carefully it had concluded that there was insufficient … Continue reading Crown Prosecution Service (Decision Notice): ICO 23 Feb 2011
The defendants had been accused of theft. One switched labels on a joint of pork in a supermarket, and the other presented the meat with the now cheaper label for purchase. Held: The appeals were dismissed. There can be no conviction for theft unless all four elements contained in section 1(1) are proved; (b) for … Continue reading Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997
On a charge of assisting in the disposal of stolen goods for the benefit of another, that other cannot be someone co-accused on the same charge. As a matter of plain language that other person must himself be a third party to the charge. Citations: Times 21-May-1999, Gazette 12-May-1999, [1999] EWCA Crim 1025 Links: Bailii … Continue reading Regina v Gingell: CACD 16 Apr 1999
The plaintiff tenant was tricked out of the occupancy of the flat he was living in by a blatant fraud perpetrated by the defendant landlord. He sued for damages for fraud, and was awarded compensation for the inconvenience and discomfort. In a case of deceit and other causes of action, the principles enunciated in Rookes … Continue reading Mafo v Adams: CA 1969
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant appealed against his conviction on a charge of: ‘obtaining property by deception contrary to Section 15(1) of the Theft Act 1968 for that you on the 24th February 1971, in the County of Warwick dishonestly obtained from William Arthur Snell 6 gallons of petrol with the intention of permanently depriving William Arthur Snell … Continue reading Regina v Collis-Smith: CACD 30 Sep 1971
The defendant appealed against his sentence for attempting to pervert the course of justice and theft. He had received a sentence of six months for the theft and nine months consecutive for perverting the course of justice Held: Allowing the appeal. He had given a false name to the police on being arrested. It was … Continue reading Regina v Sookoo: CACD 20 Mar 2002
Appeal from sentence of 7 years six months imprisonment for an offence of aggravated burglary, contrary to section 10(1) of the Theft Act 1968, to which he had pleaded guilty at the plea and trial preparation hearing. Citations: [2019] EWCA Crim 1540 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 08 July 2022; Ref: … Continue reading Farrugia, Regina v: CACD 2 Jul 2019
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. Judges: Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Carswell, Lord Mance Citations: [2006] UKPC 24 Links: Bailii Citing: Cited – Nutton v Wilson 1889 … Continue reading Wheatley and Another v The Commissioner of Police of the British Virgin Islands: PC 4 May 2006
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
The defendant was accused of burglary. He had followed a woman from a public house, entered her bedroom via a ladder and had sex with her. She thought he was her boyfriend. He denied entry as a trespasser with intent to rape, saying she had invited him in as he was about to enter the … Continue reading Regina v Collins: CACD 5 May 1972
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous. Held: The publishers were protected by Reynolds privilege. The court should give the article the natural and ordinary meaning which would be attributed by an intelligent reader seeing it once. He … Continue reading Bonnick v Morris, The Gleaner Company Ltd and Allen: PC 17 Jun 2002
Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected common law the effect could be retrospective, since … Continue reading Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001
K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of property belonging to another had taken place. Held: An appropriation … Continue reading Director of Public Prosecutions v Gomez: HL 3 Dec 1992
A woman befriending an older man of limited intelligence accepted daily cash payments from his building society over eight months, claiming them to be gifts. She now appealed against her conviction for theft. Held: (Lord Hutton dissenting) For the purposes of the Theft Acts the acceptance of a gift can constitute ‘appropriation.’ The word is … Continue reading Regina v Hinks: HL 27 Oct 2000
The House considered a claim for public interest immunity. Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that courts should have the fullest possible access to all relevant material . . but once the … Continue reading Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972
The electronic transfer of funds moves no identifiable property capable of being the subject of a charge of obtaining property by deception. Citations: [1995] Crim L R 564 Statutes: Theft Act 1968 15(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996 … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): CACD 1995
The defendant appealed her conviction for theft. She had involved herself in the sale of an elderly relatives house and arranged for a new house to be bought in her and another name. Held: Hilton was to be distinguished. There, the defendant had carried out a clear act of misappropriation. Here the owner had been … Continue reading Regina v Briggs (Joan): CACD 12 Dec 2003
Public interest immunity does not attach to documents in the hands of a taxpayer and his advisers. They are not in any event discloseable. (Bingham) ‘a claim made by the revenue to withhold documents relating to a taxpayer’s tax affairs from production without his consent is properly to be regarded as a claim for public … Continue reading Lonrho Plc v Fayed and Others (No 4 ): CA 27 Oct 1993
The defendant was a company officer. He gave instructions to an innocent third party which resulted in the dishonest diversion of substantial sums of the company’s money. He appealed the judge’s interpretation of the word ‘appropriation.’ Held: The meaning of appropriation still had its difficulties. If there is an intention on the part of the … Continue reading Regina v Shuck: CACD 1992
The offence created by section 1(1) of the 1968 Act involved four elements: ‘(i) a dishonest (ii) appropriation (iii) of property belonging to another (iv) with the intention of permanently depriving the owner of it.’ Judges: Megaw LJ Citations: [1970] 3 All ER 933, [1970] 3 WLR 1103, [1971] 1 QB 373 Statutes: Theft Act … Continue reading Regina v Lawrence (Alan): CACD 1970
Two defendants worked together to alter the labels on joints of meat in a supermarket, and to present the one with the now reduced price at the till. The appealed convictions for theft saying that since the purchase transferred the property in the meat to them, no appropriation had taken place within the section. Held: … Continue reading Regina v Morris (David): CACD 1983
The defendant had reconnected his electricity meter after it had been disconnected by the supply company for non-payment of bills. Held: The defendant’s beliefs as to his honesty were crucial to the decision whether he was honest or not. Citations: [1978] 2 All ER 1061 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: … Continue reading Boggeln v Williams: 1978
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England. Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried under English law for an offence committed on land abroad, unless there is a … Continue reading Regina v Thompson: 1984
The defendent pleaded guilty to conspiring to obtain property by deception. He admitted receiving a total of andpound;51,920. Held: This amount represented his benefit from his relevant criminal conduct for the purpose of the Act. That he had later given some of the money to his fellow conspirator was irrelevant. The court considered Rees and … Continue reading Regina v Patel: CACD 2000
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The court issued new guidelines for sentencing offenders for offences of handling stolen goods in the light of advice from the Sentencing Advisory Panel. The court should take into account many factors including, advance knowledge of the theft, and if known about, the seriousness of that offence, the willingness to receive the proceeds of the … Continue reading Regina v Webbe etc: CACD 13 Jun 2001
False information which was provided in a Housing Benefit application form would be used in accounting and constitutes false accounting. Citations: Times 26-Nov-1997, 162 JP 120, 30 HLR 853, [1998] Crim LR 216 Statutes: Theft Act 1968 817 Cited by: Cited – Regina v Lancaster CACD 2-Mar-2010 Whether Ommission Significant on Benefits Claim The defendant … Continue reading Osinuga v Director of Public Prosecutions: QBD 26 Nov 1997
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed the document. He was charged with dishonestly attempting to obtain … Continue reading Regina v Halai: CACD 15 Jul 1982
The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the transaction. He argued that though the document was required for an accounting purpose, the false … Continue reading Regina v Mallett: CACD 1978
The court considered the use of R v Ghosh when considering whether dishonesty had been established under section 13 of the 1983 Act, saying: ‘It is to be observed that in section 13(1) the first requirement for liability to a penalty is that the taxpayer shall have done, or refrained from doing, something ‘for the … Continue reading Gandhi Tandoori Restaurant v Customs and Excise Commissioners: VDT 1989
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy. Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) was, prior to the 18 December 1996, in … Continue reading Regina v Cooke: CACD 24 Jan 1997
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
No Liability Extension on Taking Without Consent Appeal by leave of the Court of Appeal on a point of law arising in the course of the trial of the appellant for aggravated vehicle taking, contrary to section 12A of the Theft Act 1968. The defendant had taken a vehicle without the owner’s consent, was over … Continue reading Taylor, Regina v: SC 3 Feb 2016
The plaintiff sought to claim under his household insurance. He sold some jewelry, accepting a building society cheque which turned out later to be stolen. He argued that his loss was ‘loss or damage caused by theft’ The insurer argued that there was no theft. Held: The buyer had usurped the plaintiff’s rights in the … Continue reading Dobson v General Accident Fire and Life Assurance Corporation Plc: CA 1989
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018
The defendant, a taxi driver, had without objection on the part of an Italian student asked for a fare of andpound;6 for a journey for which the correct lawful fare was 10s 6d. The taxi driver was convicted of theft. On appeal the main contention was that the student had consented to pay the fare. … Continue reading Lawrence v Metropolitan Police Commissioner: HL 30 Jun 1971
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001
Orders were placed for the construction of ships. They were not delivered. The buyer, the defendant, cancelled the orders. The defendants sought the loss of profit. The claimants said they were entitled only to the repayment of instalments. The arbitrator found in favour of the purchaser. The yard appealed successfully. The purchaser now appealed in … Continue reading Stocznia Gdynia Sa v Gearbulk Holdings Ltd: CA 13 Feb 2009
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of attempting the impossible, since the goods were no longer stolen, having returned to … Continue reading Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973
(New South Wales) The court considered the use by directors of their fiduciary power of allotment of shares for a different purpose than that for which it was granted, and so as to dilute the voting power of the majority shareholding of issued shares. Lord Wilberforce said: ‘Having ascertained, on a fair view, the nature … Continue reading Howard Smith Limited v Ampol Petroleum Limited: PC 14 Feb 1974
Sale of Unexpired Portion of Ticket can be a Theft The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed. Held: The appeals failed. Although the tickets had passed to the possession or control of … Continue reading Marshall, Regina v: CACD 6 Mar 1998
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
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court as closed material, not to be seen by the claimants. Held: The court could make such … Continue reading Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009
Short term possession of stun gun The appellant challenged the decision of the justices finding him guilty on summary conviction of an offence of possession of a weapon designed or adapted for the discharge of electrical current for incapacitation contrary to s. 5(1)(b) and Schedule 6 of the Firearms Act 1968. The weapon, namely a … Continue reading Jenkins v Director of Public Prosecutions and Another: Admn 22 May 2020
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had documents which he said would support his claim. The second defendant sought to argue public interest … Continue reading Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
The defendant surgeon was said to have made false claims for payment for operations, and was charged under the 1968 Act. He claimed to have been entitled to the sums claimed, and denied that he had been dishonest. The court considered the meaning of dishonesty. Held: His appeal failed. Dishonesty is a state of the … Continue reading Regina v Ghosh: CACD 5 Apr 1982
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief. Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction was originally drawn between conspiracies to ‘cheat’ and conspiracies to ‘defraud … Continue reading Director of Public Prosecution v Withers: HL 20 Nov 1974
NoControl, No Appropriation The defendant appealed her conviction for theft of 50,000 pounds which she was overpaid after she had submitted false claims for overtime. Held: She had not appropriated the money as required by the Act. She had had no control over the making of payments or the account from which payments were made, … Continue reading Darroux v Regina: CACD 4 May 2018
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979
Mens Rea essential to crime In order to constitute an act of bankruptcy by a trader in departing from his dwelling-house, it is not alone sufficient that a creditor should be thereby delayed, but the departure must also have been with that intent. The word ‘or’ in the statute of the 1 Jac. 1, e. … Continue reading Fowler v Padget: 8 Feb 1798
Relatives of deceased seamen claimed damages against the defendants after their husbands were lost a sea in a submarine built by the defendants. The Ministry of Defence instructed the defendants not to disclose any details of the boat’s construction, on the ground that it would be contrary to the public interest to produce them. Held: … Continue reading Duncan v Cammell, Laird and Company Limited (Discovery): HL 27 Apr 1942
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .