The Court of Appeal has power to receive and call for additional evidence in interests of justice, and even though it had been ruled inadmissible at the trial if was relevant. Gazette 29-Nov-1995, Ind Summary 06-Nov-1995 Criminal Appeal Act 1991 23(1), Criminal Appeal Act 1968 23(1) England and Wales Criminal Evidence, Criminal Practice Updated: 08 … Continue reading Regina v Gilfoyle: CACD 6 Nov 1995
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 … Continue reading In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995
The courts’ control over the exercise by the Home Secretary of his discretion on lifers was limited to procedural fairness. It was not irrational to refuse any reduction of a lifer’s minimum sentence after aggravation involving the prisoner. Independent 12-Dec-1995, Times 08-Dec-1995 Criminal Justice Act 1991 35 England and Wales Citing: Appeal from – Regina … Continue reading Regina v Secretary of State for the Home Department Ex Parte Pierson: CA 8 Dec 1995
(Jamaica) The case for the defence was that the identification witnesses were deliberately lying and it was not suggested that they were mistaken, so that the sole line of defence was fabrication. The identification evidence was exceptionally good and the court applied the test in Domican v R, that the jury acting reasonably and properly … Continue reading Shand v The Queen: PC 27 Nov 1995
The defendant owned a shed on an allotment and slept there at night in order to protect his property from the attentions of vandals and thieves. Among other items in the shed the defendant, aged 76 at the time, kept a 12-bore shotgun and cartridges. One night the plaintiff and another man attempted to break … Continue reading Revill v Newbery: CA 2 Nov 1995
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
No Professional Privilege in Iniquity There was an allegation that the legal advice for which privilege was sought and resisted had been obtained in order to frustrate the mortgagee’s rights to the property at issue, because the mortgagors regarded the mortgagee bank as interfering with family assets. Held: No professional legal privilege existed for a … Continue reading Barclays Bank Plc v Eustice: CA 6 Jul 1995
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. Held: The duress of circumstances defence can apply … Continue reading Regina v Pommell: CACD 16 May 1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The claimants, whose members would have recourse to the scheme, sought an order that the Act should be … Continue reading Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown Prosecution Service offered no evidence, and the charge was dismissed. He appealed against the … Continue reading Martin v Watson: HL 13 Jul 1995
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
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
Criminal Law Change not retrospective The law that marital rape was an offence, was not to be treated as retrospective despite being a common law change. The Court rejected complaints by two applicants who had been found guilty of raping their wives which was an undoubted extension of the concept of rape as had been … Continue reading SW v The United Kingdom; CR v United Kingdom: ECHR 22 Nov 1995
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused. Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature of the thing, final and conclusive and without appeal, … Continue reading In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside. Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good law, but a child is not capable at law without the requisite … Continue reading C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995
The plaintiffs were actors playing Harold and Madge Bishop in the Australian soap series ‘Neighbours’. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual intercourse, with a headline ‘Strewth! What’s Harold up to with our Madge?’. The body of the article made … Continue reading Charleston and Another v News Group Newspapers Ltd and Another: HL 31 Mar 1995
No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety . .
Whether the respondent has a well-founded fear of being persecuted ‘for reasons of membership of a particular social group’: ‘The basis of the claim for asylum was that he was being persecuted by criminals while working as a security officer in a . .
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
Leggatt LJ said that counsel for the Attorney General was correct when he submitted that: ‘It does not follow that because a risk had been created by the broadcast, further publication in newspapers would not create fresh and added risk of . .
References: (1995) 71 P & CR 231 Coram: Stuart-Smith LJ The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become … Continue reading Hereford and Worcester County Council v Pick; 1 Apr 1995
References: Times 14-Jul-1995, Gazette 06-Sep-1995, Independent 19-Jul-1995, [1996] AC 74, [1995] 3 WLR 318, [1995] 3 All ER 559 Coram: Lord Keith of Kinkel Ratio The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and … Continue reading Martin v Watson: HL 14 Jul 1995
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Appeals against conviction consequent upon a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, on the basis that significant material has come to light capable of undermining the credibility of the complainant. Citations: [2014] EWCA Crim 953 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 December … Continue reading Regina v Ibrar: CACD 3 Apr 2014
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court. Held: … Continue reading Poole and Mills v Regina: CACD 17 Jun 2003
Reference by the Criminal Cases Review Commission under the Criminal Appeal Act 1995. Conviction of robbery – identification evidence Judges: The Lord Woolf of Barnes Citations: [2000] EWCA Crim 102, [2001] 1 Cr App Rep 26, [2001] Crim LR 125 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 30 November 2022; Ref: scu.331140
Reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995 based upon what the Commission identified at the date that it made the reference as a possible misdirection by the judge as to provocation Citations: [2006] EWCA Crim 1721 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November … Continue reading Moses, Regina v: CACD 28 Jun 2006
Reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995 – conviction of murder Citations: [2008] EWCA Crim 879 Links: Bailii Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.267235
The applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal. Held: Following Pendleton, the sole criterion is what the appeal court felt about the safety … Continue reading Regina v Paul Alexander Cleeland: CACD 13 Feb 2002
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder. Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the conviction. Section 9(2) of the 1995 Act provides that a conviction … Continue reading Thomas, Regina v: CACD 26 Apr 2002
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to endanger life or to cause serious injury to property. It was alleged that he was a member of the IRA. In … Continue reading Regina v Mullen: CACD 4 Feb 1999
‘proviso’ on criminal appeals is no longer part of English law – repealed. Citations: Times 17-Mar-1997, [1997] EWCA Crim 392 Statutes: Criminal Appeal Act 1995 2(1) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.149847
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the current test it is important to understand what was meant by a … Continue reading Regina v Chalkley, Jeffries: CACD 19 Dec 1997
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. Citations: Times 20-May-1999, Gazette 09-Jun-1999, [1999] EWCA Crim 1430, [1999] EWCA Crim 1452 Statutes: … Continue reading Regina v Smith, WD: CACD 18 May 1999
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already rejected by the Commission. Held: The court could take any ground of appeal arising from the original … Continue reading Regina v Smith (Wallace Duncan) (No 3): CACD 28 Nov 2002
The defendant appealed convictions for causing explosions likely to endanger life. Subsequent evidence had come to light through the investigations of the Criminal Cases Review Commission, and he appealed. Various bomb material caches had been found, and the defendant’s fingerprints were found on them. Evidence suggesting that a different group of men were responsible was … Continue reading Regina v McNamee: CACD 17 Dec 1998
The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according to the prosecution. He had been convicted at a second trial, … Continue reading Regina v Thomas: CACD 29 Apr 2002
Appeal against conviction of murder on a reference by the Criminal Cases Review Commission under section 69 of the Criminal Appeal Act 1995 on the basis that medical evidence now available indicates that he suffered from Asperger’s Syndrome which may have substantially diminished his responsibility for the killing of the victim within the meaning of … Continue reading Reynolds, Regina v: CACD 8 Jul 2004
The defendant had pleaded guilty to murder, but subsequently the defence of diminished responsibility would have become available. He appealed. Held: It had previously been recognised that this was a gap in the law, but that gap had not been remedied. A manslaughter verdict could still only be substituted for the verdict of a jury, … Continue reading Regina v Duggan: CACD 30 Oct 2002
The defendants had been separately convicted of murder several years ago. They sought the quashing of the convictions and substitution of convictions for manslaughter on the grounds of diminished responsibility. Held: The appeal of Erskine succeeded, but that of Williams failed. In the first case there had been evidence to support the defence now promoted. … Continue reading Erskine, Regina v; Regina v Williams: CACD 14 Jul 2009
A delay in appeal against a decision taken in the absence of the accused is not the sole ground to be considered for the refusal of a rehearing. Citations: Gazette 26-Nov-1997, Times 09-Dec-1997, [1997] EWHC Admin 993 Links: Bailii Statutes: Criminal Appeal Act 1995 Criminal Practice, Magistrates Updated: 19 May 2022; Ref: scu.86609
The defendant, convicted of murder, had died. It later came to light that materials with the prosecution forensic team had not been disclosed by the prosecution. Held: The Home Secretary could make a reference to the Appeal court despite the death. Such a failure could be a material procedural irregularity. The duty of disclosure on … Continue reading Regina v Maguire: CACD 1992
Under the 1995 Act the sole test to be applied by the court is whether the conviction is unsafe. If the court is satisfied, despite any misdirection of law or any irregularity in the conduct of the trial or any fresh evidence, that the conviction is safe, the court will dismiss the appeal. Judges: Lord … Continue reading Regina v Graham: CACD 1997
Application for judicial review of a decision of the Criminal Cases Review Commission declining to refer the conviction of Dermot Quinn to the Court of Appeal in the exercise of the powers available to the Commission under the Criminal Appeal Act 1995. Citations: [2005] NIQB 33 Links: Bailii Jurisdiction: Northern Ireland Prisons Updated: 20 April … Continue reading Neale and Others, Re an Application for Judicial Review: QBNI 15 Apr 2005
Application for judicial review of a decision of the Criminal Cases Review Commission declining to refer the conviction of Dermot Quinn to the Court of Appeal in the exercise of the powers available to the Commission under the Criminal Appeal Act 1995. Citations: [2005] NIQB 21 Links: Bailii Jurisdiction: Northern Ireland Criminal Practice Updated: 20 … Continue reading Quinn, Re an Application for Judicial Review: QBNI 9 Mar 2005
The defendant appealed his conviction for murder wishing to bring in evidence of his diminished responsibility at the time of the offence. Held: The evidence was admitted, but the conviction was upheld. The court took the opportunity to give guidance on the admission of new medical evidence procedures in court of appeal with new Act. … Continue reading Regina v Jones (Steven Martin): CACD 23 Jul 1996
Good Reason to Pursue Second Appeal The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront to the conscience of the court. The first … Continue reading Hamilton and Others v Post Office Ltd: CACD 15 Jan 2021
The defendant had been convicted of rape and had served his sentence. On a reference from the Criminal Cases Review Commission, he appealed saying that new evidence which was relevant and admissible had come to light. Held: The safety of the conviction was undermined, and the conviction was set aside. There was to be a … Continue reading Regina v Chedwyn Evans: CACD 21 Apr 2016
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
The defendants appealed an order for discovery saying it would infringe their duty of confidence to their clients. The firm had acted for the buyer, seller and lender. A fraud on the lender was alleged. The solicitors sought to rely upon the privilege without having asked the clients who owned it. Held: The issue of … Continue reading Abbey National Plc v Clive Travers and Co (a Firm): CA 18 May 1999
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison. Held: The claim failed. A complainant is not a prosecutor, and is not liable for the decision to prosecute. To become liable it has to be … Continue reading Hunt v AB: CA 22 Oct 2009
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished … Continue reading Williams v The Queen: PC 23 Nov 1998
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might be people never crossed his mind. Setting aside his … Continue reading Commissioner of Police v Caldwell: HL 19 Mar 1981
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
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
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of evidence of ‘guilty passions’: ‘Surely in an ordinary prosecution for murder you … Continue reading Rex v Ball: HL 1911
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution. Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor. Judges: Simon … Continue reading Gregory v Portsmouth City Council: CA 5 Nov 1997
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997
The defendant’s appeal based on the absence of a good character direction had succeeded. The court now gave its reasons. Held: After reviewing the authorities, the appeal succeeded: ‘the learned judge was wrong to find that the fact that evidence, depending on the jury’s view, was relevant to an issue in the trial ‘disentitled’ the … Continue reading GAI v Regina: CACD 5 Oct 2012
The reclaimer, detained under the 1995 Act, sought judicial review of the respondent’s failure to lay regulations as required before an appeal could be made. Citations: [2011] ScotCS CSIH – 19, [2011] CSIH 19, 2011 GWD 12-268, 2012 SC 397, 2011 SLT 787 Links: Bailii Statutes: Criminal Procedure (Scotland) Act 1995 Jurisdiction: Scotland Prisons, Health … Continue reading RM, Re Judicial Review v The Scottish Ministers: SCS 15 Mar 2011
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The defendant was made subject to a confiscation order. He appealed on the basis that the court had left two alternatives versions to the jury, and that it should therefore, when making such an order, take the version most favourable to the defendant. Held: There was no such obligation. The rule in Efionayi applied only … Continue reading Regina v Threapleton: CACD 19 Dec 2001
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
The defendant appealed his conviction for outraging public decency by behaving in an indecent manner contrary to common law. He had been in the foyer of a bank at night with a girl who performed oral sex. The action could have been seen, but was only recorded and seen the following morning by the manager … Continue reading Rose vDirector of Public Prosecutions: Admn 16 Mar 2006
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
The court declined to apply the proviso to allow conviction of the defendant where the judge had given a msidirection, saying that to do so would be to determine the issue otherwise than by verdict of the jury. Judges: Lord Widgery CJ Citations: (1976) 63 Crim App R 39 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Whitfield: CACD 1976
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: ‘In exercising its practical judgment the Board is … Continue reading Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994
Guidance was given on the circumstances for showing video evidence to a jury a second time after they had once retired. Held: It should be exceptional only, because of the risk of it attracting greater weight than other evidence. It remains a matter for the Judge’s discretion.The Lord Chief Justice set out the procedure to … Continue reading Regina v Rawlings, Regina v Broadbent: CACD 19 Oct 1994
Appeal on a multiplicity of issues from convictions recorded in the course of a trial which lasted about a year. Held: In large fraud trials, the prosecution should consider severance of the indictment to shorten the length of individual trials, but the length of a trial was not an appeal ground unless it had made … Continue reading Regina v Kellard, Dwyer, Wright: CACD 5 Aug 1994
A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden. Citations: Independent 08-Apr-1993, Gazette 09-Jun-1993 Statutes: Criminal Justice Act 1987 2(8) 3, Insolvency Act 1986 236 Jurisdiction: England and Wales Citing: Appeal from – Re Arrows Ltd … Continue reading Re Arrows Ltd (No 4): CA 8 Apr 1993
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993
The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it be so) that an accused has ingested a large quantity of alcoholic drink is … Continue reading Regina v Woodward (Terence): CACD 7 Dec 1994
The defendants appealed against their convictions for robbery. A dog had been used to follow scents from the scene, picking up items taken in the raid. The defendants objected to admission of evidence of the dog’s activities and reliability. Held: The appeal failed. Evidence discovered after a trace by a dog might be allowed in, … Continue reading Regina v Pieterson; Regina v H: CACD 8 Nov 1994
