Mr James applies for an order of judicial review to quash a decision of Surrey Justices sitting in Guildford who on 18 September 1997 refused him a defendant’s costs order. The question for decision is whether the justices were properly entitled to refuse such an order. Judges: The Lord Chief Justice of England and Wales … Continue reading James, Regina (on The Application of) v South West Surrey Magistrates’ Court: Admn 18 Apr 2000
Application for judicial review in respect of an order for costs made against the Commissioners of Customs and Excise in relation to proceedings brought by the Commissioners of Customs and Excise. Lord Wool of Barnes LCJ, Newman J [2001] EWHC Admin 33 Bailii Prosecution of Offences Act 198519(1), Costs in Criminal Cases (General) Regulations 1986 … Continue reading Commissioners of Customs and Excise, Regina (on The Application of) v The Crown Court at Leicester and Others: Admn 24 Jan 2001
Confiscation proceedings under s 17 [2020] EWCA Civ 1260 Bailii Prosecution of Offences Act 1985 17 England and Wales Costs Updated: 10 January 2022; Ref: scu.654511
Proceedings had commenced for conspiracy to supply class A Drugs to a person abroad. Prior consent was required of the Attorney-General, but was only obtained after the event. The prosecutor now appealed against a ruling that the proceedings were null and void. Held: The appeal failed: ‘ The Judge was astute to the problems the … Continue reading CW and MM, Regina v: CACD 22 May 2015
These applications raise yet again the question of when it is appropriate to make a loss of time order. Held: ‘the only means the court has of discouraging unmeritorious applications which waste precious time and resources is by using the powers given to us by Parliament in the Criminal Appeal Act 1968 and the Prosecution … Continue reading Gray and Others, Regina v: CACD 7 Oct 2014
Virgin had successfully taken a private prosecution against the defendants for copyright infringement. They sought an order for their costs to be paid from central funds. On taking confiscation proceedings, costs were now sought against the defendants. The court was asked what rates should apply. Sir John Thomas LCJ, Raffrty LJ, Holroyde J [2014] EWCA … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 11 Sep 2014
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team. Held: Permission to apply for review was granted, but the claim failed. ‘It is necessary to show something that materially may cast doubt upon the safety … Continue reading Nunn v Suffolk Constabulary and Another: Admn 4 May 2012
Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was an abuse for a private prosecutor to take such action, even where as here that prosecutor had disclaimed … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014
The plaintiff appealed against the dismissal of her claims for trespass and breach of duty by the defendant’s officers. In divorce proceedings, she had been ordered to return certain household goods to her husband, but had failed yet to do so. The husband attended the property with a solicitor and two police officers without prior … Continue reading McLeod, Mealing (deceased) v Metropolitan Police Commissioner: CA 3 Feb 1994
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process. Held: The defendant’s appeal succeeded. The caution had been a simple unconditional one. The notice accompanying it may … Continue reading Jones v Whalley: HL 26 Jul 2006
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009
Costs restriction not made under Act The respondent had introduced rules which restricted the levels of costs which might be awarded from central funds to a successful defendant in a criminal trial who had take private representation. The amendment was made under powers in the 1985 Act, and restricted the sums to those which might … Continue reading The Law Society of England and Wales, Regina (on The Application of) v The Lord Chancellor: Admn 15 Jun 2010
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
The solicitors appealed against a wasted costs order made by the Crown Court as to their actions in the successful defence. They had not disclosed alibi evidence on advice from counsel on being unable to obtain proofs of evidence, until the day before the trial when the defendant’s father gave a statement. The judge made … Continue reading Joseph Hill and Company, Solicitors, Re Wasted Costs Order Made Against: CACD 21 May 2013
The defendant solicitors, DLA Piper, had sought an order for a witness summons against the BDO, which had been accountants to DLA’s client now accused of false accounting. BDO successfully resisted the issuing of the summons, and was awarded its costs. The judge in the Crown Court had found herself unable to aard costs on … Continue reading DLA Piper UK Llp v BDO Llp: Admn 13 Dec 2013
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, … Continue reading Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996
The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal. Held: The onus was on the accused to show, to a civil standard that a fair trial could not now … Continue reading Regina v Telford Justices, ex parte Badhan: CACD 1991
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made against him in Scotland, but he had not been convicted. He said that evidence of those complaints … Continue reading Regina v Beedles: CACD 31 Jul 1996
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a decision before going on with the case. Held: The court should consider first whether … Continue reading Ashton , Regina v; Regina v Draz; Regina v O’Reilly: CACD 5 Apr 2006
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The defendant had been convicted of conspiring to import cannabis, and made subject inter alia to a confiscation order. Held: ‘ the object of the Act is to ensure, so far as is possible, that the convicted drug trafficker is parted from the proceeds of any drug trafficking which he has carried out. The provisions … Continue reading Regina v Dickens: CACD 11 Apr 1990
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote. Held: Lord Scarman summarised the principles: ‘(1) there is a presumption of law that mens rea is required before … Continue reading Gammon v The Attorney-General of Hong Kong: PC 1984
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided and searched by the police. Nothing incriminating was found. He claimed damages saying the search warrrant had … Continue reading Gibbs and others v Rea: PC 29 Jan 1998
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety. Citations: Times 14-Aug-1996, [1996] EWCA Crim 729, [1997] 1 Cr App R 209, [1997] 1 … Continue reading Regina v Blake: CACD 31 Jul 1996
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and … Continue reading Gregory v Portsmouth City Council: HL 10 Feb 2000
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was not brought to court, and sought habeas corpus. An order was … Continue reading Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago: PC 12 Oct 2004
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
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
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
When considering applications to extend the custody time limits, courts should have in view the purpose of the rules. It would be dangerous to give a list of good reasons for an extension. The court must itself consider the fulfilment of the section and give reasons for decision.Lord Bingham of Cornhill CJ: ‘If the law … Continue reading Regina v Manchester Crown Court, ex parte McDonald; Regina v Leeds Crown Court, ex parte Hunt; Regina v Winchester Crown Court, ex parte Forbes, ex parte Wilson and Mason: CACD 19 Nov 1998
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
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 respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter. Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. … Continue reading Brown v The Queen (Jamaica): PC 13 Apr 2005
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
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was released but only contacted in 1996 in relation to the outstanding … Continue reading Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
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
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley). Held: ‘The rule that this court must always follow a decision of the House of Lords and, … Continue reading James, Regina v; Regina v Karimi: CACD 25 Jan 2006
A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those arrested. They were acquitted in January 1988. The investigation of the complaints was then resumed. In March … Continue reading Attorney General’s Reference (No 1 of 1990): CACD 1990
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
(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
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
Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002
The defendant appealed against his conviction, for sex offences some 33 years earlier, saying that the convictions had been unfairly obtained. Evidence had been available since 1980, but a decision not to prosecute had been taken. Held: ‘the judge’s command of the evidence and the legal issues concerning the evidence with which he had to … Continue reading Taylor v Regina: CACD 20 Dec 2013
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
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
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
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. Held: The request succeeded. The containment of the Climate Camp, and the pushing … Continue reading Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis: Admn 14 Apr 2011
The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review by the defendant’s officers. He now pursued a private prosecution. Held: The review was … Continue reading Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court: Admn 30 Apr 2010
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his case had failed to notify a judge of his involvement and had allowed a case … Continue reading An Informer v A Chief Constable: CA 29 Feb 2012
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
Defendant’s death stops trial immediately At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again on the following day. Overnight, … Continue reading Turk (Deceased) v Regina: CACD 6 Apr 2017
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
The defendant appealed against his conviction under the 2000 Act for failing to disclose the key used to encrypt a computer file. He was subject to a control order as a suspected terrorist. As the police raided his house, they found the key had been half entered. He said that the requirement to disclose the … Continue reading Regina v S and A: CACD 9 Oct 2008
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether the doctrine of transferred malice could be applied alongside that of joint … Continue reading Gnango, Regina v: SC 14 Dec 2011
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 had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Orse Attorney General’s Reference No 2 of 2001
The AG sought to appeal from the decision that an indictment against the seven defendants should be stayed on the ground that there had been a breach of Article 6(1). They were accused of . .
The High Court may review, on an application made by a properly interested party, a decision made by a Crown Court under the Act. Although this related to a trial on indictment, the Crown Court judge had made an order without jurisdiction. . .
Extradition proceedings are in their nature criminal proceedings. Lindley LJ said: ‘Can we say that the application in the present case is not an application in a criminal cause or matter? I think that in substance it certainly is. Its whole object . .
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
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