Appeal by case stated against conviction for racially aggravated publishing of threatening abusive or insulting materials. The defendant had put up posters at various places with pictures of people convicted of murder and announcing ‘Illegal . .
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The claimant’s product was made from drawings. The drawings were protected as copyright artistic works. They were reproduced in a three dimensional form by the claimant’s own products. Someone who copied the claimant’s products indirectly copied the . .
The court heard appeals from rulings under the 2004 Act.
Held: In section 1, the hunting of a wild mammal did not include the search for an animal with a view to flushing it from cover. As to the exemptions, the operation of the 1980 Act and . .
Glidewell LJ discussed the offence under section 5 where words used toward the police officer were the basis of the charge: ‘Very frequently words and behaviour with which police officers will be wearily familiar will have little emotional impact on . .
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The defendant had been convicted of an affray when she had lunged at her boyfriend with a knife in a car park. Held: The appeal succeeded. A ‘person of reasonable firmness’ who must be concerned for an affray offence to be committed, must be a third party, and not the victim of the affray. The … Continue reading Regina v Sanchez: CACD 6 Mar 1996
Citations: [2008] EWHC 438 (Admin), [2008] 1 WLR 2847, [2008] ACD 46 Links: Bailii Statutes: Public Order Act 1986 4A Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.266228
Aiding and abetting, as a common law offence, is applicable to all Acts including offences under the 1986 Act. Citations: Ind Summary 09-Aug-1993, Times 22-Jun-1993 Statutes: Public Order Act 1986 Jurisdiction: England and Wales Crime, Judicial Review Updated: 25 October 2022; Ref: scu.86993
Judges: Judge LJ, Mantell J Citations: [1997] EWCA Crim 80, [1997] 2 Cr App R (S) 191 Links: Bailii Statutes: Public Order Act 1986 2(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.465421
The claimant requested that the Crown court state a case. He had been convicted under the 1986 Act after remonstrating with the lady driver of another car. She had locked her doors and remained seated at all time. The court had refused to admit into evidence her previous convictions saying that they were irrelevant. The … Continue reading Jefferies, Regina (on The Application of) v St Albans Crown Court and Another: Admn 15 Feb 2012
Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the … Continue reading Regina v Gray: CACD 22 Apr 1998
Judges: Andrews DBE J Citations: [2018] EWHC 2869 (Admin) Links: Bailii Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 09 September 2022; Ref: scu.631198
The claimant challenged a condition imposed by the chief officer of police under section 14(2)(b) prohibiting his group from holding an assembly at a particular location.One ground of challenge was a failure to give adequate reasons, as to which Bean J said: ‘It seems to me that a distinction is to be drawn – and … Continue reading Brehony, Regina (on the Application Of) v Greater Manchester Police: Admn 23 Mar 2005
Appeals against conviction for affray. Citations: [2007] EWHC 3169 (Admin) Links: Bailii Statutes: Public Order Act 1986 3 Jurisdiction: England and Wales Crime Updated: 07 August 2022; Ref: scu.271195
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being pre-planned. They objected to being required to apply for a licence and to file a route with the Commissioner under section 11. The … Continue reading Kay v Commissioner of the Police of the Metropolis: HL 26 Nov 2008
The defendant sought to challenge the handling of his trial for disorderly conduct, and of the way the matter had been dealt with in his appeal to the crown court. He particularly complained of papers not being provided to him. Held: He had exercised his right to appeal to the Crown Court, and had succeeded. … Continue reading Milne, Regina (on the Application of) v Berwick-Upon-Tweed Magistrates’ Court: Admn 24 Jul 2008
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime. Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the … Continue reading Rogers, Regina v: HL 28 Feb 2007
The commissioner appealed against a judgment that a mass cycle ride held regularly but over different routes did not first require notice to be given. Held: The commissioner’s appeal succeeded. The fact that the route changed meant that the ride could not be considered to be customary, and so exempt from the notice requirements, however … Continue reading Commissioner of Police for the Metropolis v Kay: CA 21 May 2007
Whilst in custody in the police station, the defendant was visited by the police surgeon. He was accused of causing racially aggravated harassment, alarm or distress after abusing the doctor. The Crown appealed acceptance of his defence that the cell was for the time being his residence under section 31 of the 1986 Act which … Continue reading Regina v Francis; CPS Leicester, Regina v: CACD 21 Dec 2006
For many years and in many large cities, once a month, cyclists had gathered en masse to cycle through the city in a ‘Critical Mass’ demonstration. There was no central organisation. Clarification was sought as to whether the consent of the police was required under the 1986 Act. Held: Whether there was anybody who might … Continue reading Kay v The Commissioner of Police of the Metropolis: Admn 27 Jun 2006
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an altercation he called them ‘bloody foreigners’ and told them to get back to their own … Continue reading Rogers, Regina v: CACD 10 Nov 2005
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
Citations: [2010] EWCA Crim 148 Links: Bailii Statutes: Public Order Act 1986 2 Jurisdiction: England and Wales Crime Updated: 18 June 2022; Ref: scu.396721
Appeal against sentence for an offence of using threatening behaviour, contrary to section 4 of the Public Order Act 1986. Citations: [2018] EWCA Crim 2447 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 07 June 2022; Ref: scu.628188
Several youths were carrying around unlit petrol bombs in a public place, but there were no members of the public about, nor any rival gang with whom there might have been a clash. They were properly convicted of affray, despite this absence of anybody to perceive a threat. Citations: Times 07-Jul-1999 Statutes: Public Order Act … Continue reading Regina v West London Youth Court, Ex Parte M and Others: QBD 7 Jul 1999
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a notice accusing the temple leader as a hypocrite and a liar. … Continue reading Dehal v Crown Prosecution Service: Admn 27 Sep 2005
The court asked whether calling a woman an ‘African bitch’ was capable in law of demonstrating hostility towards the complainant, who came from Sierra Leone, as being a member of a racial group. Held: The meaning of ‘racial group’ was not so tied down by the Act as to be restricted to dictionary definitions. Accordingly … Continue reading Regina v White: CACD 14 Feb 2001
The defendant appealed against his conviction for affray. With a co-accused he had asked a motorist in an aggressive manner to drive them to a particular destination and threatened to take the car if he did not do so. Under s3(3) a threat on a charge of affray cannot be made by the use of … Continue reading Regina v Robinson: CACD 1993
The court described the offence of affray: ‘It typically involves a group of people who may well be shouting, struggling, threatening, waving weapons, throwing objects, exchanging and threatening blows and so on.’ Judges: Lord Bingham of Cornhill CJ Citations: [1997] 1 Cr App R 14 Statutes: Public Order Act 1986 3(1) Jurisdiction: England and Wales … Continue reading Regina v Smith: CACD 1997
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005
Appeal from conviction of stirring up racial hatred by publishing written material, contrary to section 19(1) of the Public Order Act 1986 Judges: Davis LJ, Phillips, Garnham JJ Citations: [2017] EWCA Crim 1466 Links: Bailii Statutes: Public Order Act 1986 Jurisdiction: England and Wales Crime Updated: 31 March 2022; Ref: scu.598329
The applicant wished to demonstrate outside Marks and Spencer in Manchester, saying that the store supported the Israeli government against the Palestinians. He sought review of an order from the respondent refusing him permission over the Christmas period when the pavements would be especially busy, and requiring any demonstration to be held on open land … Continue reading Regina (Brehony) v Chief Constable of Manchester Police: QBD 23 Mar 2005
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The … Continue reading Regina v SH: CACD 3 Aug 2010
Appeal by way of Case Stated from the decision convicting him for three offences of harassment contrary to s.4A of the Public Order Act 1986 on 1 May 2015. These convictions followed the Appellant’s convictions on 10 April 2015 for three offences of racially aggravated harassment contrary to s.31(1)(b) of Crime and Disorder Act 1998. … Continue reading Henderson v Crown Prosecution Service: Admn 9 Mar 2016
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
The appellant, a schoolgirl and her friend were involved in an incident with police officers which rapidly escalated. She said that only she had been involved, but that it was wrong when others quite outside her control became involved on seeing the officers’ behaviour, to charge her with violent disorder. Held: The judge had been … Continue reading NW, Regina v: CACD 3 Mar 2010
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
Distributed Demonstration not within 1986 Act The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate. Held: The XRAU was not a public assembly at the scene of which Superintendent McMillan was present on the day … Continue reading Jones and Others v The Commissioner of Police for The Metropolis: Admn 6 Nov 2019
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
The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under … Continue reading Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to materials published on their website which was hosted in the USA. It included materials calculated to create hatred of Jewish … Continue reading Sheppard and Another, Regina v: CACD 29 Jan 2010
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
Appeal against refusal of magistrates to allow witnesses to give evidence from behind screens. . .
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
Both prosecutor and defendant appealed by case stated against decisions of the magistrates. The prosecutor said the magistrates had misdirected themselves on racial aggravation. The defendant appealed against an harassment conviction. . .
The applicant had been cautioned by the police. The victim sought judicial review of that decision. The respondent now appealed.
Held: The court of appeal had no jurisdiction to hear an appeal against a judicial review in a criminal matter . .
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
The managing director defendant had resigned before the end of the contractual term. There was an express covenant in his contract against using or disclosing the company’s confidential information during or after his employment. It was submitted that this was a repudiation which brought the contract to an end and with it any obligation to … Continue reading Thomas Marshall (Exports) Ltd v Guinle: ChD 1979
The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction. Held: A freezing order (Mareva injunction) can be made in respect of assets which were outside the jurisdiction. To meet the court’s concerns about the risk of oppression to the defendant arising … Continue reading Derby and Co Ltd v Weldon: CA 2 Jan 1989
The court set out authoritative guidance as to the scope of a reviewing court’s power to interfere on the ground of the insufficiency of inquiry by a local authority to whom a homelessness application had been made. Neill LJ said: ‘(1) The duty to make inquiries is to make such inquiries as are necessary to … Continue reading Regina v Royal Borough of Kensington and Chelsea ex p Bayani: 1990
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
ICO The complainant requested a series of correspondence relating to a proposed development in Llanelli town centre (1986-1993). The public authority disclosed some of the information in response to the request and informed the complainant that it did not hold the rest. The complainant complained to the Information Commissioner about the length of time it … Continue reading Carmarthenshire County Council (Decision Notice): ICO 24 Jul 2006
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act. Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to preserve certain classes of offender from capital punishment for killings carried out by reason of diminished responsibility … Continue reading D v L and Others: ChD 16 Apr 2003
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004
Judges: Phillips J Citations: (1975) 31 P and CR 120 Jurisdiction: England and Wales Citing: Cited – Re Poyser and Mills’ Arbitration 1963 The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons … Continue reading Hope v Secretary of State for the Environment: 1975
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute. Held: There was nothing to preclude English courts from granting Mareva type injunctions against defendants extending to assets outside the jurisdiction, but the court … Continue reading Babanaft International Co SA v Bassatne: CA 30 Jun 1988
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party … Continue reading Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997
The appellant’s employment had terminated in circumstances where he had threatened to publicise matters about the defendant’s activities, but had failed to co-operate with the company in investigating his allegations by particularising them. Held: The appeals were misconceived and bound to fail. Leave to appeal was refused. Judges: Waite LJ, Singer J Citations: [1997] EWCA … Continue reading Vickerstaff v Edbro Plc: CA 28 Jan 1997
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief. Held: Ancillary relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996
The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings … Continue reading Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996
The court had been asked to intervene in an internal dispute as to the role of an Imam in a mosque community. Held: The request was denied. The case was not one of public law: ‘ the particular function which the Imam was performing affected the applicant’s rights in a way which was peculiar to … Continue reading Regina v The Imam of Bury Park Mosque, Luton and others ex parte Sualiman Ali: CA 12 May 1993
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.Hirts LJ said: ‘the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to … Continue reading Islwyn Borough Council and Another v Newport Borough Council: CA 28 Jun 1993
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
The two defendants escaped from Parkhurst Prison. On capture they said that as murderers, they had received notices that though they had behaved without criticism in prison, their tarriffs had been increased. They said they felt unable to face longer sentences, and would have committed suicide if they had stayed. Held: No such defence existed. … Continue reading Regina v Rodger, Rose: CACD 9 Jul 1997
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
The defendants appealed sentences for serious, violent robberies taking place in burglaries of domestic properties, with long lasting effects on the victims. Held: The section had been correctly applied. The court reviewed authorities on sentencing for such matters. 12 years was appropriate for the robberies, with 5 years added to protect the public. Judges: Lord … Continue reading Regina v Gabbidon, Bramble: CACD 7 Nov 1996
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989
The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
A libel defence of justification which was based on ‘reasonable grounds for suspicion’ must focus on conduct of claimant that gives rise to suspicion. It was not permissible to rely upon hearsay. Defendant may not plead as ‘grounds’ material which had become available only after publication. A Lucas-Box meaning might fall into one of three … Continue reading Chase v News Group Newspapers Ltd: QBD 29 May 2002
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online translations to English could be created automatically. The parties disputed the number of hits … Continue reading Ahuja v Politika Novine I Magazini Doo and Others: QBD 23 Nov 2015
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
Application for winding up orders on public interest grounds. Judges: His Honour Judge Stephen Davies Citations: [2019] EWHC 2890 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Insolvency Updated: 07 September 2022; Ref: scu.643891
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The Court dismissed a challenge brought on behalf of the Campaign for Nuclear Disarmament to a condition imposed under section 3(3) of the 1936 Act prohibiting all processions in the Metropolitan Police District. Citations: Times 15-May-1981 Statutes: Public Order Act 1936 Jurisdiction: England and Wales Cited by: Cited – Jones and Others v The Commissioner … Continue reading Kent v Commissioner of Police of the Metropolis: CA 15 May 1981
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
When exercising his powers to order a company director to be disqualified under the Act, the judge should be explicit that the order applied to all the categories of companies listed in the section. There was no power to limit the disqualification, for example to acting as a director of private or of public companies. … Continue reading Regina v Ward; Regina v Howarth: CACD 10 Aug 2001
‘The present Application raises an interesting question about the scope of section 236 of the Insolvency Act 1986 (‘IA’). This has been described as the question whether the section has extraterritorial effect. More particularly, the question is whether an Order may be made under the section directed to a Respondent resident abroad, in this case … Continue reading Wallace v Wallace: ChD 25 Sep 2019
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was passed after the demonstrations began. He said that the demonstration was a continuing one, and the the Act … Continue reading Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 8 May 2006