The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007
Court to make use of control over sex offenders in appropriate cases by the use of extended licences. Citations: Times 22-Oct-1996, [1996] EWCA Crim 668, [1997] 1 Cr App R (S) 399 Statutes: Criminal Justice Act 1991 44 Jurisdiction: England and Wales Cited by: Cited – Regina v R (Sentencing: Extended licences) CACD 25-Jul-2003 The … Continue reading Regina v Hodgson: CACD 27 Jun 1996
The House rejected the submission of counsel that the Court of Appeal had asked the wrong question by taking as the test the effect of the fresh evidence on their mind and not the effect that the evidence would have had on the mind of the jury. It would be anomalous for the court to … Continue reading Stafford v Director of Public Prosecutions: HL 1974
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge. Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation application. He was to apply the civil standard of proof. That power was in 71(7A), which … Continue reading Regina v Levin: CACD 29 Jan 2004
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The two applicants complained that they had been held in solitary confinement for seven months after receipt of intelligence about an escape plan. Held: There had been a violation of the prisoners’ article 6 rights. They had been given no access to the courts: ‘the placement of the applicants in high-security cells led in particular, … Continue reading Stegarescu and Bahrin v Portugal: ECHR 6 Apr 2010
The defendant appealed his conviction for possession of a firearm, complaining that the statement of his co-accused had not been admitted. The judge saying that since the co-accused had admitted the offence he had no jurisdiction to admit the statement or to admit it as hearsay. Held: Having pleaded guilty, the co-accused was no longer … Continue reading Regina v Finch: CACD 15 Jan 2007
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
For the purposes of the Act, where a defendant faced a compulsory life sentence following two convictions for certain offences, a finding by the judge that the defendant did not pose a serious risk to society, could be an exceptional circumstance justifying not imposing the sentence. Such a finding might be based upon there being … Continue reading Regina v Offen; Regina v McGuillard; Regina v McKeown; Regina v Okwuegbunam; Regina v Saunders (Stephen): CACD 15 Nov 2000
The court considered an application for leave under the 2003 Act to retry the defendant for murder after his earlier acquittal. Judges: Phillips LCJ, Silber J, Rafferty J, Openshaw J Citations: [2006] EWCA Crim 1354, [2007] 1 WLR 1657, [2007] 1 All ER 593 Links: Bailii Statutes: Criminal Justice Act 2003 75 76 Jurisdiction: England … Continue reading D, Regina v: Admn 16 Jun 2006
Judges: Lady Justice Hallett DBE Mr Justice Ouseley His Honour Judge Pert QC (Sitting as a Judge of the Cacd) Citations: [2011] EWCA Crim 3321 Links: Bailii Statutes: Sexual Offences Act 2003 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 03 April 2022; Ref: scu.464762
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The several defendants were convicted of involvement in a conspiracy to fund a very substantial property portfolio by deceiving mortgage lenders. They said that the evidence of an expert witness was biasd and that they had not been allowed to put before the court evidence that she had been criticised for bias elsewhere. Held: The … Continue reading Jones and Others, Regina v: CACD 16 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a … Continue reading Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable only by a panel appointed by the Governor-General. The appellants each appealed convictions by the courts complaining … Continue reading Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor): PC 1 Dec 1975
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to what extent expert evidence of the Thompson’s post-traumatic stress disorder was relevant to their consideration … Continue reading Press and Another v Regina: CACD 24 Oct 2013
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
Sentencing of Political Protesters The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days. Held: The appeals from immediate custodial sentences were successful, and suspended sentences imposed. The defendants had expressed remorse for their actions and … Continue reading Roberts and Others v Regina: CACD 6 Dec 2018
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
phipps_dppPC2012 (Jamaica) The defendant appealed against his conviction for murder. He complained that he had been prejudiced because the jury were told that he had been produced from custody, and one of his witnesses was produced in court in chains, thus undermining their evidence. The court of appeal had accepted that the latter had been … Continue reading Phipps v The Director of Public Prosecutions and Another: PC 27 Jun 2012
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
hutchinson_UKECHR201502 Article 3 Degrading punishment Inhuman punishment Continued detention under whole life order following clarification of Secretary of State’s powers to order release: no violation Facts – Following his conviction in September 1984 of aggravated burglary, rape and three counts of murder, the applicant was sentenced to life imprisonment with a recommended minimum tariff of … Continue reading Hutchinson v The United Kingdom: ECHR 3 Feb 2015
Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted. Held: In each case, applying Luca, the trials infringed the right to a fair trial since … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 20 Jan 2009
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR. Held: If the parties (or at least one of them) remain intransigently opposed to … Continue reading Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed. Held: There was no substantial criticism of the trial itself, but the procedure under which he had been taken amounted to an abuse of process. … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943
Evidence of making indecent images admissible Each defendant was convicted of offences of sexual abuse of children, in each case said to have been committed over a substantial period. Each of them denied any sexual contact with the children at all. In each case the judge admitted, under the bad character rules contained in the … Continue reading D and Others, Regina v: CACD 17 May 2011
Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002
The deceased died aged 14 in a Secure Training Centre by hanging. He had complained of his treatment and restraint methods used. The mother sought judicial review of the conduct of the inquest, wanting the coroner not to have ruled on the legality of the restraint methods used, and which of the STC Rules and … Continue reading Pounder, Regina (on the Application of) v HM Coroner for the North and South Districts of Durham and Darlington and others: Admn 22 Jan 2009
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work. Held: Employers have a duty to take reasonable care for the safety of their employees. There are no special controls on claims for psychiatric (or physical) injury or illness arising from the stress of doing … Continue reading Sutherland v Hatton; Barber v Somerset County Council and similar: CA 5 Feb 2002
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004
The prosecutor appealed against a stay of the prosecution as an abuse. The prosecution had failed give the undertaking necessary on lodging the appeal to the court against whose ruling it wanted to appeal, that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned … Continue reading NT, Regina v: CACD 31 Mar 2010
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented. Held: For a defence of mistake to succeed, the mistake must have been honestly made and need not have been reasonably held. Where a defendant had sexual intercourse with a woman without … Continue reading Regina v Morgan: HL 30 Apr 1975
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. It was said that the applicant had herself been groomed by an adult … Continue reading E and Others, Regina (on The Application of) v The Director of Public Prosecutions: Admn 10 Jun 2011
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer. Held: The milkman had not gone so far outside the activities for which he was employed for the employer to escape liability. Lord Scarman said: ‘In words which have frequently been quoted … Continue reading Rose v Plenty: CA 7 Jul 1975
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories which it was said were in breach of the order, and attempts were made to … Continue reading In re A (A Minor): FD 8 Jul 2011
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His family asserted that the prison authorities had failed to protect his … Continue reading Edwards v The United Kingdom: ECHR 14 Mar 2002
The defendant appealed against his conviction for murder. He complained as to the admission of some additional evidence from one of the co-defendants. Held: The appeal failed. Although some of the judge’s analysis was incorrect: ‘We recognise that a court will not readily admit an out of court statement by one defendant as evidence against … Continue reading Sliogeris v Regina: CACD 30 Jan 2015
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
Second Division, Inner House. The petitioner said that the statutory delay of 15 years after leaving prison before a review of the idenite notification provisions of the 2003 Act were incompatible with his right of respect for his private life in terms of Article 8.1 of the European Convention. Lord Carloway, Lord Justice Clerk [2015] … Continue reading Main Against Scottish Ministers: SCS 22 May 2015
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice. Held: Perverting the course of justice is a common law offence covering a wide variety of situations. The offence was committed when a person does an … Continue reading Regina v Vreones: 1891
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
Effect upon sentencing of amendments to dangerous offender provisions Lord Thomas of Cwmgiedd CJ, Mitting, Thirlwall JJ [2014] WLR(D) 110, [2014] 2 Cr App R (S) 45, [2015] 1 All ER 93, [2014] 1 WLR 4209, [2014] EWCA Crim 334 WLRD, Bailii Criminal Justice Act 2003, Legal Aid, Sentencing and Punishment of Offenders Act 2012 … Continue reading Burinskas, Regina v, (Attorney General’s Reference (No 27 of 2013)): CACD 4 Mar 2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision. Held: The appeal was dismissed. Article 5(4) did not apply to the particular circumstances. Neuberger L formulated a broader principle that where a person is lawfully sentenced to … Continue reading Whiston, Regina (on The Application of): SC 2 Jul 2014
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
CCC (Central Criminal Court) The OffenceThe murder of Stephen Lawrence on the night of 22nd April 1993 was a terrible and evil crime. Recently the Lord Chief Justice described it as a ‘murder which scarred the conscience of the nation.’A totally innocent 18 year old youth on the threshold of a promising life was brutally … Continue reading Regina v Dobson and Norris: CCC 4 Jan 2012
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the Cannings case. Held: The appeals failed. It was wrong to diminish the difference … Continue reading In re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening): CA 14 May 2004
Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly. Held: The appeal failed. Aikens LJ said ‘in order to work out the precise scope of section 120(5) … Continue reading Chinn, Regina v: CACD 15 Mar 2012
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 student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
The claimant, formerly known as Peter Sutcliffe, had been convicted in 1981 for thirteen murders and 7 attempted murders. His plea of diminished responsibility was rejected. The judge had recommended a minimum term of 30 years for the life sentence, but later recommended that life should mean life, and that he should never therefore be … Continue reading Coonan (Formerly Sutcliffe), Regina v: CACD 14 Jan 2011
The defendants sought leave to appeal against their sentences, saying that the time served calculations had not included time spent subject to curfew and otherwise. Held: ‘if a prisoner is serving a sentence for another offence at the time on which he is remanded for the offence for which he is to be sentenced, the … Continue reading Leacock and Others, Regina v: CACD 12 Nov 2013
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
The defendant appealed against an order granting her extradition to Norway.
Held: Though the defendant had not raised the issue of the required double criminality before the district judge, she would be allowed to do so on appeal because of . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
(Ceylon) The appellants had been convicted of grave criminal offences under laws of the Parliament of Ceylon. The Act under which they were convicted was passed after an abortive coup, and deprived the appellants retrospectively of their right to . .
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .