swarb.co.uk - law index
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: 2001 To: 2001
This page lists 10 cases, and was prepared on 03 April 2018.
Regina v John Spear, Philip Hastie and David Morton Boyd Gazette, 22 March 2001; Times, 30 January 2001; [2001] EWCA Crim 1751
15 Jan 2001
CMAC
Criminal Practice, Human Rights, Armed Forces
The fact that the President of a Court Martial was appointed within the same authority as was prosecuting, did not necessarily mean that the tribunal was not impartial. Such officers were typically appointed at the end of their careers, and they were appointed for a fixed term. There was no history of them being removed, and the circumstances were impartial. The test was not some neurotic distrust, but rather the absence of any appearance of bias on a reasonable view. The system met that standard.
Human Rights Act 1998
1 Cites
1 Citers
[ Bailii ]
Regina v McKendry Times, 16 March 2001
16 Mar 2001
CMAC
Criminal Sentencing, Armed Forces
The circumstances of the different armed services would differ considerably from each other in the seriousness of the effect of being absent without leave. Accordingly, it was not appropriate to seek to impose on the different services a requirement that they should act on a standard basis. The court felt it would be entirely improper to seek to impose such a common standard.
Alden, Regina v; CACD 20-Mar-2001 - [2001] EWCA Crim 3041
Marchiori, Regina (on the Application Of) v Environment Agency [2001] EWCA Civ 987
22 Jun 2001
CA
European, Utilities, Armed Forces
Renewed application for leave to appeal. Complaint at military activities being condcuted under the Euratom Treaty.
[ Bailii ]
Regina v Williams; Regina v Saunby; Regina v Ashby; Regina v Schofield; Regina v Marsh, Regina v Webb; Regina v Leese; Regina v Dodds; Regina v Clarkson; Regina v English Gazette, 04 October 2001; Times, 08 October 2001
30 Jul 2001
CMAC
Laws LJ, Turners and McCombe JJ
Armed Forces, Human Rights
The appellants variously claimed their convictions should be set aside because the court which had heard their cases was not independent and impartial. They alleged in particular that questions of military discipline and morale would affect the court process making it unfair. The merits of the decision to prosecute were outside the ambit of article 6, and, even if it were not, there was no vice in those considerations affecting the decision.
1 Cites
Perrin v Ministry of Defence [2001] EWCA Civ 1310
31 Jul 2001
CA
Personal Injury, Negligence, Armed Forces
[ Bailii ]
Dory v Federal Republic of Germany C-186/01; [2003] EUECJ C-186/01; [2003] ECR I-2479
24 Oct 2001
ECJ
Armed Forces
ECJ Inapplicability of Community law to compulsory military service - Equal treatment of men and women - Article 2 of Directive 76/207/EEC - Compulsory military service in Germany limited to men only - Directive not applicable
[ Bailii ]
J L Melbourne v Ministry of Defence EAT/522/00; [2002] UKEAT 522_00_1401
26 Nov 2001
EAT
The Honourable Mr Justice Maurice Kay
Discrimination, Employment, Armed Forces
EAT Race Discrimination - Direct
e Army Act 1955 180
1 Citers
[ Bailii ] - [ EATn ]
Bankovic v Belgium; ECHR 12-Dec-2001 - 52207/99; (2001) 11 BHRC 435; [2001] ECHR 890
Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others Times, 21 December 2001; [2001] EWCA Civ 2048; [2002] 1 WLR 1249; [2002] ACD 22; [2001] 3 All ER 289; [2001] All ER (D) 298; (2001) 60 BMLR 1; [2001] Lloyds Rep Med 187
19 Dec 2001
CA
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Jonathan Parker and Lord Justice Dyson
Human Rights, Armed Forces, Administrative
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be meant by a threat to their article 2 rights to life. The state has a direct duty to seek to protect its citizens when their lives are threatened. The case raised the issue of whether, and in what circumstances, article 2 could require a public authority to desist from a lawful and peaceful activity because of a terrorist threat. The appropriate course is to consider first the nature of the subjective fears that that the soldier witnesses are likely to experience if called to give evidence in the Guildhall, to consider the extent to which those fears are objectively justified and then to consider the extent to which those fears, and the grounds giving rise to them, will be alleviated if the soldiers give their evidence somewhere in Great Britain rather than in Londonderry. That alleviation then has to be balanced against the adverse consequences to the inquiry of the move of venue, applying common sense and humanity. The result of the balancing exercise will determine the appropriate decision. This course will, we believe, accommodate both the requirements of article 2 and the common law requirement that the procedure should be fair.
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ]
