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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.  















Constitutional - From: 1995 To: 1995

This page lists 9 cases, and was prepared on 20 May 2019.

 
La Compagnie Sucriere v Government of Mauritius [1995] (3) LRC 494 PC
1995
PC

Commonwealth, Constitutional
Section 1 of the constitution of Mauritiius dealt with deprivation of property and section 6 dealt with compulsory purchase; neither dealt with legislative extinction of title with a provision for overreaching into the purchase price.
1 Citers



 
 C (A Minor) v Director of Public Prosecutions; HL 17-Mar-1995 - Times, 17 March 1995; Independent, 21 March 1995; (1995) Cr App R 136; [1995] UKHL 15; [1996] AC 1; [1995] RTR 261; [1995] 2 All ER 43; [1995] 2 WLR 383; (1995) 159 JP 269; [1995] 1 FLR 933; [1995] Fam Law 400; [1995] Crim LR 801
 
Abbott v Minister for Lands [1895] AC 425; [1895] UKPC 17
30 Mar 1995
PC
Lord Herschell LC
Constitutional, Land
(From the Supreme Court for New South Wales) When considering what was a 'vested right' for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the community or any class of them into an accrued or vested right to which the presumption applies, the particular beneficiary of the right must have done something to avail himself of it before the law is changed. Since the purpose of legislation is to alter the existing legal situation, there is no presumption that it will not alter rights which individuals have, but have not exercised.
1 Citers

[ Bailii ]

 
 Regina v Secretary of State for the Home Department ex parte Fire Brigades Union; HL 5-Apr-1995 - [1995] 2 AC 513; [1995] UKHL 3; [1995] 2 All ER 244; [1995] 2 WLR 464
 
Bethel v Douglas (Bahamas) Gazette, 01 June 1995
1 Jun 1995
PC

Constitutional, Commonwealth
A power to order a commission of enquiry was validly exercised, and witnesses were compellable.


 
 Parliament v Council; ECJ 5-Jul-1995 - C-21/94; [1995] EUECJ C-21/94

 
 RJR-MacDonald Inc v Canada (Attorney General); 21-Sep-1995 - [1995] 3 SCR 199; 1995 CanLII 64 (SCC); 127 DLR (4th) 1; 100 CCC (3d) 449; 62 CPR (3d) 417; 31 CRR (2d) 189
 
Lincoln Anthony Guerra v Cipriani Baptiste and others (No 2) Times, 08 November 1995; Independent, 15 November 1995; [1995] UKPC 3; Appeal No 11 of 1995; [1996] 1 A C 397
6 Nov 1995
PC

Human Rights, Criminal Sentencing, Constitutional, Commonwealth
(Trinidad and Tobago) The execution of a prisoner after a substantial delay of 5 years was a breach of his constitutional rights, constituting cruel and unusual punishment.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
In re S-C (Mental Patient: Habeas Corpus) [1996] QB 599; QBCOF 95/1657/D; [1996] 2 WLR 146; (1996) 29 BMLR 138; [1996] 1 All ER 532; [1996] Fam Law 210; [1995] EWCA Civ 60; [1996] 2 FCR 692; [1996] 1 FLR 548
22 Nov 1995
CA
Sir Thomas Bingham MR, Neill, Hirst LJJ
Health, Constitutional, Torts - Other
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. In the mental health context, if someone is to be taken out of the community and detained in a hospital there must be clear evidence that the medical condition of a patient justifies such action. A social worker could not make an application for an admission if the nearest relative objected. The correct procedures had not been followed.
Sir Thomas Bingham MR said: "As we are all well aware, no adult citizen of the United Kingdom is liable to be confined in any institution against his will, save by authority of law. That is a fundamental constitutional principle, traceable back to chapter 29 of Magna Carta 1297 . . and before that to chapter 39 of Magna Carta 1215."
Mental Health Act 1983 - Magna Carta 1297 29 - Magna Carta 1215 39
1 Citers

[ Bailii ]
 
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