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Acts

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In Re Saidur Rahman: QBD 18 Jul 1996

A court hearing a deportation review should see all the evidence, including hearsay evidence if necessary. Citations: Times 18-Jul-1996 Statutes: Immigration Act 1971 Sch 2 Citing: Appealed to – Regina v Secretary of State for Home Department ex parte Rahman CA 11-Dec-1996 Hearsay evidence is admissible when considering whether an applicant is an illegal entrant. … Continue reading In Re Saidur Rahman: QBD 18 Jul 1996

Nimmo v Alexander Cowan and Sons Ltd: HL 1967

The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967

Azam and Others v Secretary of State for The Home Department and Another: HL 11 Jun 1973

Immigration – Detention – Illegal entrant – Illegal entrant not given leave to enter or remain in United Kingdom – Detention pending directions for removal – Persons entering United Kingdom and present there in breach of immigration laws – Commonwealth immigrant – Immigrant entering United Kingdom clandestinely in breach of laws relating to Commonwealth immigrants … Continue reading Azam and Others v Secretary of State for The Home Department and Another: HL 11 Jun 1973

Meering v Grahame-White Aviation Co Ltd: CA 1919

An unconscious or drugged person may be detained. For the tort of false imprisonment there must be shown a complete restriction in fact on the plaintiff’s freedom to move: ‘any restraint within defined bounds which is a restraint in fact may be an imprisonment.’ The court distinguished between restraint upon the plaintiff’s liberty which is … Continue reading Meering v Grahame-White Aviation Co Ltd: CA 1919

Robertson v The Balmain New Ferry Company Ltd: PC 10 Dec 1909

High Court of Australia – The Plaintiff paid a penny on entering the wharf to stay there till the boat should start and then be taken by the boat to the other side. The Defendants were admittedly always ready and willing to carry out their part of this contract. Then the Plaintiff changed his mind, … Continue reading Robertson v The Balmain New Ferry Company Ltd: PC 10 Dec 1909

Syed Mahamad Yusuf-ud-Din v Secretary of State for India: 1903

For the tort of false imprisonment to be committed, the deprivation of liberty must be actual, rather than potential: ‘Nothing short of actual detention and complete loss of freedom would support an action for false imprisonment.’ Judges: Lord Macnaghten Citations: (1903) 19 TLR 496, (1903) 30 Ind App 154 Jurisdiction: England and Wales Citing: Approved … Continue reading Syed Mahamad Yusuf-ud-Din v Secretary of State for India: 1903

Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

Regina v Secretary of State for the Home Department, Ex parte Rajinder Kaur: CA 1987

The court considered a provision requiring refusal of leave to enter if there was no entry clearance. Held: Such a mandatory rule was intra vires, the Secretary of State retaining a discretion outside the 1971 Act. Glidewell LJ said: ‘immigration was formerly covered by the royal prerogative and it was a matter which lay entirely … Continue reading Regina v Secretary of State for the Home Department, Ex parte Rajinder Kaur: CA 1987

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980

Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980

Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987