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Conway v Rimmer: HL 28 Feb 1968

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

Acts

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Regina v Clarke: CACD 2 Apr 1996

Several people had lost large sums of mony by a fraud. The defendant had approached them offering his services as a private investigator to seek to recover their money. He pleaded guilty to one allegation of deception after an indication from the . .

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

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

Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004

The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence involved having misused the passwords of others, which was the deception of a machine. Held: Davies … Continue reading Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004

Regina v Kansal: CACD 24 Jun 1992

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

Director of Public Prosecutions v Gomez: HL 3 Dec 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

Regina v Hinks: HL 27 Oct 2000

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

Taylor, Regina v: CACD 9 Apr 2014

Judges: Pitchford LJ, Sweeney J and HHJ Bourne-Arton Citations: [2014] EWCA Crim 829 Statutes: Theft Act 1968 Jurisdiction: England and Wales Citing: Cited – Hughes, Regina v SC 31-Jul-2013 Uninsured Driver Not Guilty of Causing DeathThe appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver … Continue reading Taylor, Regina v: CACD 9 Apr 2014

Dip Kaur v Chief Constable of Hampshire: 10 Oct 1981

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

Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972

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

Rank Film Distributors v Video Information Centre: CA 1980

The plaintiff film companies accused the defendants of pirating their films. They obtained Anton Piller orders which required the defendants to permit the plaintiffs to enter their premises to inspect and remove any unauthorised films, and three defendants were to disclose: (a) cassette supplier and customer details; (b) invoices; and (c) the whereabouts of pirate … Continue reading Rank Film Distributors v Video Information Centre: CA 1980

Attorney-General’s Reference (No. 2 of 1982): CACD 1984

Two men were charged with theft from a company which they wholly owned and controlled. The court considered the actions of company directors in dishonestly appropriating the property of the company, and whether since the title to the goods was transferred, the goods had remained the property of the company. Held: The actions of the … Continue reading Attorney-General’s Reference (No. 2 of 1982): CACD 1984

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

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

Governor of Pentonville Prison ex parte Khubchandani: QBD 1980

The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980

Regina v McKechnie: CACD 2002

Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so received would be used until the credit card limit had been reached. Fingerprint and handwriting evidence revealed the links … Continue reading Regina v McKechnie: CACD 2002

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

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

Osinuga v Director of Public Prosecutions: QBD 26 Nov 1997

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

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

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

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

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

Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

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

Regina v Kansal (2): HL 29 Nov 2001

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

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 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

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Chaytor and Others, Regina v: SC 1 Dec 2010

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

Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

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

Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002

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

Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011

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

Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

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

Director of Public Prosecution v Withers: HL 20 Nov 1974

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

Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979

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

Rai, Regina v: CACD 29 Oct 1999

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 . .

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

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.