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British Transport Police v Norman (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 2 Mar 2015

EAT Jurisdictional Points: Extension of Time: Just and Equitable – Having concluded that it was not possible to determine whether the Claimant’s claims (of disability discrimination by reason of a failure to make reasonable adjustments) were brought out of time without hearing all the evidence (and, thus, would need to be considered at a Full … Continue reading British Transport Police v Norman (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 2 Mar 2015

British Coal Corporation v Keeble and others: EAT 26 Mar 1997

The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

Coastguard Not liable in Negligence Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became separated. They were all eventually rescued … Continue reading OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

Capital and Counties Plc and Another v Hampshire County Council; Etc: CA 20 Mar 1997

Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler system, but on arrival a fire brigade officer gave instructions for the sprinkler … Continue reading Capital and Counties Plc and Another v Hampshire County Council; Etc: CA 20 Mar 1997

South Wales Police v Walters and others: EAT 14 Nov 1997

[1997] UKEAT 621 – 97 – 1411 Bailii England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single … Continue reading South Wales Police v Walters and others: EAT 14 Nov 1997

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

Commisioner of Police of The Metropolis v Shaw: EAT 29 Nov 2011

met_shawEAT2011 EAT VICTIMISATION DISCRIMINATION – RemedyThe Claimant, an officer in the Metropolitan Police, reported dishonest conduct by a colleague. As a result of his complaint, the colleague and his superior officer had him suspended on unfounded disciplinary charges, which were collusively supported by a more senior officer. The charges were in due course dropped, but … Continue reading Commisioner of Police of The Metropolis v Shaw: EAT 29 Nov 2011

Z v Finland: ECHR 25 Feb 1997

A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with HIV. Z’s doctors had been required to give evidence about her medical condition in … Continue reading Z v Finland: ECHR 25 Feb 1997

Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been … Continue reading Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012

The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to enter a sports studies degree. Held: The application for review was unsuccessful. Parker … Continue reading T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012

Chief Constable of Lincolnshire Police v Caston: CA 8 Dec 2009

The appellant challenged the extension of time given to the claimant to begin his claim for disability discrimination. Held: The appeal failed: ‘the discretion under the Statute is at large. It falls to be exercised ‘in all the circumstances of the case’ and the only qualification is that the EJ has to consider that it … Continue reading Chief Constable of Lincolnshire Police v Caston: CA 8 Dec 2009

Three Rivers District Council and Another v The Bank of England (No. 3): ComC 30 Jul 1997

ComC Misfeasance in public office. Assuming ingredients of tort as reported at [1996] 3 ALL ER 558 at 582-3, was claim bound to fail? All plaintiffs’ evidence now available to court. On that evidence plaintiffs bound to fail. No reasonable prospect of material becoming available in future to assist plaintiffs. No arguable case that Bank … Continue reading Three Rivers District Council and Another v The Bank of England (No. 3): ComC 30 Jul 1997

Halford v The United Kingdom: ECHR 25 Jun 1997

halford_ukECHR1997 The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information regarding a sex discrimination claim she was pursuing in the employment tribunal) was a ‘serious … Continue reading Halford v The United Kingdom: ECHR 25 Jun 1997

Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011

The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had documents which he said would support his claim. The second defendant sought to argue public interest … Continue reading Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Service Motor Policies at Lloyds v City Recovery Limited: CA 9 Jul 1997

Stolen cars had been recovered by the police, incurring the costs of removal. The insurers (now the owners) objected to the payment of fees before the cars were restored. They said that as owners they were exempt from mcharges imposed by section 102 of the 1984 Act. The defendant recoveryy service appealed. Held: The appeal … Continue reading Service Motor Policies at Lloyds v City Recovery Limited: CA 9 Jul 1997

Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997

The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis that he would not have killed anyone but for negligence on the … Continue reading Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997

Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point of view of the secondary party is sufficient. The question certified was ‘Is … Continue reading Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was … Continue reading Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

Gregory v The United Kingdom: ECHR 25 Feb 1997

gregory_ukECHR1997 A judge’s direction to the jury to disregard any question of racial bias was sufficient to ensure a fair trial for the defendant. In discussing the protection of the secrecy of jury deliberations: ‘The court acknowledges that the rule governing the secrecy of jury deliberations is a crucial and legitimate feature of English trial … Continue reading Gregory v The United Kingdom: ECHR 25 Feb 1997

Richardson v The Chief Constable of West Midlands Police: QBD 29 Mar 2011

The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an arrest was necessary. He said that the fact of the arrest would operate against him in … Continue reading Richardson v The Chief Constable of West Midlands Police: QBD 29 Mar 2011

Stratton, Regina (on The Application of) v Thames Valley Police: Admn 7 Jun 2013

The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence. Held: It was for each Chief Constable to draft his own policy, but taking proper account of Hoe Office and other guidance. Nevertheless, the paperwork … Continue reading Stratton, Regina (on The Application of) v Thames Valley Police: Admn 7 Jun 2013

Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

Regina v Burstow, Regina v Ireland: HL 24 Jul 1997

The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening. Held: An assault might consist of the making of a silent telephone call in circumstances where it causes fear of immediate and unlawful violence. The court asked how is it to be determined … Continue reading Regina v Burstow, Regina v Ireland: HL 24 Jul 1997

Roy v Kensington and Chelsea and Westminster Family Practitioner Committee: HL 6 Feb 1992

The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be by way of public law action through a judicial review. Held: The fact … Continue reading Roy v Kensington and Chelsea and Westminster Family Practitioner Committee: HL 6 Feb 1992

Attorney General v MGN Limited: CA 1997

There had been, over some years, ‘saturation coverage’ of the relationship between a television personality and her boyfriend. Disclosures were made about his violence and his previous convictions. He came to be arrested and charged with a serious assault. Some newspapers published articles about the alleged incident. He successfully applied for the proceedings to be … Continue reading Attorney General v MGN Limited: CA 1997

Dowson and Others v Northumbria Police: QBD 30 Apr 2009

Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have arisen from different facts. Held: Amendments were allowed where they arose from the … Continue reading Dowson and Others v Northumbria Police: QBD 30 Apr 2009

Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994

The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which … Continue reading Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994

Regina v Manning: CACD 22 Oct 1997

The defendant had been in possession of a knife which he said that he had used to fix his car radiator and then put in his pocket. As to the statutory defence the trial judge had directed the jury that ‘just forgetfulness on its own was no reason.’ . .

Regina v B: CACD 15 May 1997

The Court upheld a conviction in respect of an Appellant who had been convicted of three offences on a six-count indictment. He was acquitted of the other three. In respect of each of the six counts the Prosecution relied upon the uncorroborated . .

Regina v Collins: CACD 7 Mar 1997

The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were . .

Acts

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

Hewitson v The United Kingdom: ECHR 27 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003

McGibbon and Corstorphine v Her Majesty’s Advocate: HCJ 19 Feb 2004

It was conceded that there had been a breach of article 8 in the obtaining of covert video and audio recordings of the appellants’ incriminating conversations. Held: If there was a breach by the police of article 8, it did not follow that the evidence thereby obtained was inadmissible. Any breach of article 8 in … Continue reading McGibbon and Corstorphine v Her Majesty’s Advocate: HCJ 19 Feb 2004