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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: 1998 To: 1998

This page lists 11 cases, and was prepared on 20 May 2019.


 
 Regina v Deegan; CACD 4-Feb-1998 - Gazette, 26 February 1998; Times, 17 February 1998; [1998] EWCA Crim 385; [1998] Crim LR 562; [1998] 2 Cr App R 121
 
Matadeen and others v M G C Pointu and others (Mauritius) [1998] UKPC 9; [1999] 1 AC 98; [1998] 3 WLR 18
18 Feb 1998
PC
Lord Hoffmann
Commonwealth, Constitutional, Discrimination
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: "of course persons should be uniformly treated unless there is some valid reason to treat them differently . . The reasons for not treating people uniformly often involve . . questions of social policy" and "treating like cases alike, and unlike cases differently is a general axiom of rational behaviour." and "Is it of the essence of democracy that there should be a general justiciable principle of equality? . . Their Lordships do not doubt that such a principle is one of the building blocks of democracy and necessarily permeates any democratic constitution. Indeed, their Lordships would go further and say that treating like cases alike and unlike cases differently is a general axiom of rational behaviour. It is, for example, frequently invoked by the courts in proceedings for judicial review as a ground for holding some administrative act to have been irrational."
1 Cites

1 Citers

[ Bailii ]

 
 Boddington v British Transport Police; HL 2-Apr-1998 - Times, 03 April 1998; [1998] UKHL 13; [1999] 2 AC 143; [1998] 2 All ER 203; [1998] 2 WLR 639
 
P V Narashimo Rao v State [1998] INSC 229
17 Apr 1998


Commonwealth, Constitutional, Crime
(Supreme Court of India) Members of Parliament were protected by privilege from prosecution for bribery in respect of voting in parliamentary proceedings.
1 Citers

[ LII of India ]

 
 De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others; PC 30-Jun-1998 - [1998] UKPC 30; [1999] 1 AC 69; Appeal No 42 of 1997; [1998] 3 WLR 675; 4 BHRC 563
 
Regina v Lord Chancellor ex parte Lightfoot [1998] EWHC Admin 827; [2000] QB 597
31 Jul 1998
Admn
Simn Brown LJ
Litigation Practice, Constitutional
The applicant wanted to present a petition so as to obtain a declaration of bankruptcy from the court but, being in debt to the tune of nearly £60,000, she could not afford the deposit required by the court of £250. Held: The claim failed. There was no constitutional right for a debtor to petition the court to achieve his or her own bankruptcy. However, the more fundamental the right affected by a Regulation, the less likely it was that Parliament would have authorised its impairment and the greater would be the court's need to be satisfied that such indeed was Parliament's true intention.
1 Citers

[ Bailii ]
 
Trevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others (No 2) [1998] UKPC 40; [1999] 2 WLR 349
5 Oct 1998
PC
Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton
Commonwealth, Constitutional
PC (The Bahamas) The applicant had been convicted of murder and sentenced to death. His case was pending before the Inter-American Commission on Human Rights. He appealed a second time to the board, saying the circumstances and conditions of his detention made the execution unlawful, that the penalty was unconstitutional, and that he had a legitimate expectation that he would be allowed to hear the result of his application. Held: The Commission had itself delayed, and the case could not be allowed to wait indefinitely. It was not part of the constitution that the sentence of the court must await determination by the Commission. Public law points should not normally be raised in association with constructional challenges. The board's determination of what was a proper maximum delay before execution in Pratt remained applicable. The appeal failed (Lord Slynn of Hadley and Lord Hope of Craighead dissenting)
1 Cites

1 Citers

[ Bailii ] - [ PC ]

 
 Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others; CA 22-Oct-1998 - Times, 22 October 1998; Gazette, 28 October 1998; [1998] EWCA Civ 1460; [1998] EWCA Civ 1461; [1998] EWCA Civ 1462; [1999] 1 WLR 270

 
 Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate); Admn 28-Oct-1998 - Times, 03 November 1998; [1998] EWHC Admin 1013; [1998] EWHC Admin 1022; [1998] EWHC Admin 1021

 
 Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1); HL 22-Nov-1998 - Times, 26 November 1998; [1998] UKHL 41; [1998] 3 WLR 1456; [2000] 1 AC 61; [1998] 4 All ER 897
 
Hamilton v Al Fayed [1998] EWCA Civ 1830
24 Nov 1998
CA
Judge LJ, Sirc Christopher Knox
Defamation, Constitutional
The defendant had made allegations of misconduct against the plaintiff as to his actions as an MP. The plaintiff now sought by this action, in effect, to overturn the results of the resultant parliamentary inquiry.
1 Citers

[ Bailii ]
 
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