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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Armed Forces - From: 1999 To: 1999

This page lists 12 cases, and was prepared on 03 April 2018.

 
Regina v McEnhill Times, 04 February 1999
4 Feb 1999
CMAC

Criminal Sentencing, Armed Forces
A Court Martial should make allowance, when sentencing, for the exceptional financial penalty implicit in a custodial sentence for a serving officer. Such a sentence could lead to a loss of pension rights, and other penalties which would not suffered by civilians in otherwise comparable circumstances.

 
Regina v Ministry of Defence, Ex Parte Walker Times, 11 February 1999; [1999] EWCA Civ 726; [1999] PIQR Q168; [1999] 1 WLR 1209
5 Feb 1999
CA
Auld, Chadwick LJJ, Sir Christoper Staunton
Personal Injury, Armed Forces
The scheme provided by the Ministry of Defence to compensate soldiers for being injured by criminal acts did not cover a wound inflicted by a shell fired from a tank whilst on peacekeeping duties. This was akin to a war injury.
Auld LJ said: "there is no irrationality in the Ministry's adoption of the Scheme in its original or amended form. The purpose of the exclusion is to produce as nearly as possible some parity in the recovery of compensation for crime by military personnel abroad with that available to those injured by crime at home. To achieve that, it seeks to remove from the Scheme a feature peculiar to the life of a member of the armed services abroad in a theatre of war or where there is military activity between warring factions, but not present at home, the risk of injury from warlike behaviour. In my view also, the Ministry was entitled to develop the Scheme with the problems of the type posed by Bosnia particularly in mind, just as it was entitled to take the view that the circumstances in Northern Ireland were materially different from those in Bosnia so as to warrant different policies for the two territories."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Social Security ex parte Muat [1999] EWCA Civ 797
16 Feb 1999
CA

Benefits, Armed Forces

[ Bailii ]

 
 Cable et Al v United Kingdom; ECHR 18-Feb-1999 - Times, 11 March 1999; (2000) 30 EHRR 1032; 24436/94;24582/94;24583/94;; [1999] ECHR 8

 
 Derry v Ministry of Defence; CA 18-Mar-1999 - Times, 30 March 1999; Gazette, 21 April 1999; [1999] EWCA Civ 1016; [1999] PIQR P204
 
Regina v Darrell Hubble [1999] EWHC Admin 434
14 May 1999
Admn

Armed Forces, Crime
Indecent acts - inconsistent verdicts.
[ Bailii ]
 
Regina v General Court Martial Sitting At RAF Uxbridge and Ministry of Defence ex parte Wing Commander Timothy Wright [1999] EWHC Admin 465
20 May 1999
Admn

Armed Forces
Application for judicial review of court martial proceedings alleging they were an abuse of process.
[ Bailii ]
 
Regina v RAF General Court-Martial and Another, ex parte Wright Times, 01 July 1999
1 Jul 1999
QBD

Natural Justice, Armed Forces, Criminal Practice
It is not an abuse of process for the same officer to make recommendations to higher officers on whether charges should be referred to higher authority or dismissed, and also eventually to make the actual decision on whether a prosecution should proceed. The dual role of such officers did not offend against natural justice.

 
Secretary of State for Social Security v James Patrick Kelly [1999] EWHC Admin 637
2 Jul 1999
Admn

Armed Forces
Claim for a war pension.
[ Bailii ]

 
 Surek v Turkey (No 1); ECHR 8-Jul-1999 - [1999] ECHR 51; 26682/95; (1999) 7 BHRC 339
 
Regina v The Right Honourable Lord Saville of Newdigate, Sir Edward Somers, Mr Justice William Hoyt ex parte A and others [1999] EWHC Admin 747
28 Jul 1999
Admn
Lord Woolf MR, Lord Justice Robert Walker, Lord Justice Tuckey
Administrative, Armed Forces

1 Cites

[ Bailii ]
 
Smith and Grady v The United Kingdom Gazette, 10 November 1999; Times, 11 October 1999; (1999) 29 EHRR 493; (1999) IRLR 734; (2001) 31 EHRR 620; [2000] 29 EHRR 549; [2000] ECHR 383; 33986/96; [1999] ECHR 72; [1999] ECHR 180; 33985/96
27 Sep 1999
ECHR

Human Rights, Employment, Armed Forces, Administrative
The United Kingdom's ban on homosexuals within the armed forces was a breach of the applicants' right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking in their inability to admit of exceptions. The threshold at which the High Court and the Court of Appeal could find the Ministry of Defence policy irrational was placed so high that it effectively excluded any consideration by the domestic courts of the question of whether the interference with the applicants’ rights answered a pressing social need or was proportionate to the national security and public order aims pursued, principles which lie at the heart of the court’s analysis of complaints under article 8 of the Convention.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; No violation of Art. 3 or Art. 14+3; Not necessary to examine under Art. 10 or Art. 14+10; Violation of Art. 13; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) Non-pecuniary damage - financial award; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights 8 13 41 - Prison Act 1952 - European Convention on Human Rights
1 Cites

1 Citers

[ Worldlii ] - [ Worldlii ] - [ Bailii ] - [ Bailii ]
 
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