Pape’s bankruptcy discharge was opposed by Lord Ashburton. He subpoenaed Brooks, a clerk to Lord Ashburton’s solicitor and obtained privileged letters written by Lord Ashburton to Mr Nocton, which Pape proposed to use. Pape and Brooks had colluded. But, it was accepted, there was no direct confidential relation between Pape and Lord Ashburton. Held: Lord … Continue reading Lord Ashburton v Pape: CA 1913
There was a fracas on the landing in a council block of flats. Access to the landing was gained by an entry phone system controlled by the, occupants of the individual self contained flats. The question for the Divisional Court was whether the communal landing fell within the definition of a dwelling under section 8. … Continue reading Rukwira v Director of Public Prosecutions: Admn 1993
R appealed his conviction for unlawfully supplying a controlled drug. Officers claimed to have seen him, but the court agreed not to order disclosure of their observation location. Held: The appeal failed. It was important not to discourage members of the public from co-operating with the police. In the same way that an officer cannot … Continue reading Regina v Rankine: CACD 1986
The defendants appealed convictions after rejection of their defence of duress. They had hijacked an aeroplane in Afghanistan, and surrendered eventually at Stansted. They said they were acting under duress, believing they had no other way of escaping death or serious injury at the hands of the Taliban regime in Afghanistan. Held: There had been … Continue reading Regina v Safi (Ali Ahmed); Regina v Ghayur; Regina v Shah; Regina v Showaib; Regina v Mohammidy; Regina v Shohab; Regina v Ahmadi; Regina v Safi (Mahammad Nasir); Regina v Kazin: CACD 6 Jun 2003
The court was asked whether section 139 precluded a mental patient from applying for leave to move for judicial review. Held: A restriction on the bringing of civil or criminal proceedings imposed by the section 139 did not apply to proceedings for judicial review. Ackner LJ concluded that Parliament had not intended to bar the … Continue reading Ex parte Waldron: CA 1986
Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013
The court considered the power of an English court over a foreign resident under section 133. Held: In contrast with the private examination provisions, on its true construction section 133 applies to those who are within the class of persons specified in subsection (1), namely those who have voluntarily participated in the affairs of the … Continue reading In re Seagull Manufacturing Co Ltd: ChD 1992
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non oritur actio. Held: (Mance and Scott LL dissenting) The appeal succeeded. The company could not bring … Continue reading Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation): HL 30 Jul 2009
The defendant, aged 11, appealed against his conviction of an offence under the Public Order Act 1986, on evidence that he had thrown bricks at a police vehicle. He had then fled the scene. Held: The conviction was quashed. The fact that the defendant had run away might have indicated no more than that he … Continue reading A v Director of Public Prosecutions: QBD 1992
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
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
The court gave general guidance on criminal practice. As to voluntary bills of indictment, to protect defendants: ‘save where there are good grounds for doing otherwise – (1) They must receive notice of an application for a Voluntary Bill with copies of all documents relied upon to support the application: (2) They must have an … Continue reading Consolidated Practice Direction: LCJ 2002
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
The 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
Communal landings outside flats in a block do not form part of a home. Citations: Times 09-Jun-1993 Statutes: Public Order Act 1986 4-2 Jurisdiction: England and Wales Crime Updated: 28 April 2022; Ref: scu.88912
A shareholder applied under section 4 of the 1986 Act for disqualification orders against the liquidators of a hopelessly insolvent company. Held: The application was refused on two grounds: first, that the applicant had no standing to bring the application and, secondly, that the application anyway had no merit.As regards the applicant’s standing, Jacob J … Continue reading In Re Adbury Park Estates Ltd: ChD 2003
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
A preacher repeatedly displayed posters such as ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on distress. On one occasion a crowd of 30 or more had gathered outside his house. Held: … Continue reading Director of Public Prosecutions v Hammond: QBD 13 Jan 2004
Citations: [1997] EWHC Admin 319 Statutes: Public Order Act 1986 4 Jurisdiction: England and Wales Citing: Cited – Regina v Constanza CACD 6-Mar-1997 An assault committed if there was fear of violence created even though it might not ne an immediate threat. . . Lists of cited by and citing cases may be incomplete. Crime … Continue reading Valentine v Director of Public Prosecutions: Admn 24 Mar 1997
The court has jurisdiction to order the public examination of a company director in in a compulsory liquidation about the affairs of the company, even though he might not be within the jurisdiction. The court found no reasons of comity which would prevent those who voluntarily were officers or otherwise participated in the formation or … Continue reading In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993
A court must hear evidence before disqualifying directors. Though the Director and the Secretary of State might reach an agreement as to what should happen, they could not displace the court in deciding what order should be made, and in making that order. The court approved the submission by the parties to the Court an … Continue reading In Re Carecraft Construction Co Ltd: ChD 13 Oct 1993
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004
The essentials of the basic section 5 offence require the court to be satisfied as to the accused’s subjective state of mind, namely that he intended that the representation should be, or was aware that it might be, threatening, abusive or insulting. Judges: Nolan LJ Citations: Times 18-Sep-1991 Statutes: Public Order Act 1986 5(1)(b) Jurisdiction: … Continue reading Director of Public Prosecutions v Clarke and Others: QBD 30 Jul 1991
The claimant had entered into the ‘The Royal Albert’ public house under a tenancy management agreement. They later negotiated for a contracted out business tenancy. They sought now to appeal a strike out of their claim for a secure tenancy. Held: Nothing had been said to create any reason for the claimant to believe any … Continue reading Taylor v Inntrepreneur Estates Limited: QBD 30 Jan 2001
The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and … Continue reading Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005
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 case stated from conviction of affray Judges: Lord Justice Pill Mrs Justice Rafferty Citations: [2010] EWHC 994 (Admin), (2010) 174 JP 367 Links: Bailii Statutes: Public Order Act 1986 3 Jurisdiction: England and Wales Crime Updated: 03 February 2022; Ref: scu.416114
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001
Forum Non Conveniens Restated The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum. Held: ‘In the result, it seems to me that the solution of disputes about … Continue reading Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his decision not to prosecute the police officer who caused the death of Pearse Jordan, the son … Continue reading Jordan, Re Application for Judicial Review: CANI 12 Dec 2003
The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the Act. The last of the three leases expired on October 31 … Continue reading Cardiothoracic Institute v Shrewdcrest Ltd: ChD 1986
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
Tucker J [1998] EWHC Admin 1009 Public Order Act 1986 England and Wales Crime Updated: 07 January 2022; Ref: scu.139130
The appellant challenged her conviction for failing to comply with conditions imposed on a public demonstration. Her demonstration outside the Royal Courts of Justice had brought traffic to a standstill. At trial she had been refused permission to raise a fresh issue at trial, namely the proportionality of the condition. Held: The appeal was dismissed. … Continue reading James v Director of Public Prosecutions: Admn 13 Nov 2015
The defendant was convicted of causing actual bodily harm, mainly on the basis of statements which his wife and daughter had given to the police. His wife and daughter took advantage of their right not to give evidence at his trial and so could not be cross-examined on their statements. Held: Where a conviction is … Continue reading Unterpertinger v Austria: ECHR 24 Nov 1986
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 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
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with that brother to commit burglaries. The juror had sworn an affidavit that … Continue reading Regina v Gough (Robert): HL 1993
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 landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had collected rates twice for the same property. It challenged the legality of the order under which the rates … Continue reading Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The CAA challenged the decision of the DPP to take over and discontinue its private prosecution of Mr Ali under section 5 of the Public Order Act 1986 for statements he made at a rally which he led in Central London on 18 June 2017. Under section 5, it is an offence to use abusive … Continue reading Campaign Against Antisemitism v Director of Public Prosecutions: Admn 9 Jan 2019
The defendant apealed against his conviction for having taken part in a public procession, a a Critical Mass Cycle Ride, knowingly in breach of conditions attached to it by the Police. The defendant had argued that the ride was not a procession. Held: The appeal failed. ‘The power to give directions is to be used, … Continue reading Powlesland v Director of Public Prosecutions: Admn 9 Dec 2013
The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The respondent sought repayment of the overpayment. The claimant said she had not understood the instructions. Held: The … Continue reading Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
Weighing Interest of Seeker of Judicial Review The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in contemplation which, if carried … Continue reading Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc: CA 14 Mar 1986
Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986
Third Party Costs – Director of Insolvent Company (Organic Village) The Court considered the circumstances Limited in which a director and shareholder of an insolvent company may be personally liable for some or all of that company’s costs liabilities incurred in unsuccessful litigation, pursuant to s.51 of the Senior Courts Act 1981. The particular question … Continue reading Goknur v Aytacli: CA 13 Jul 2021
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the newspaper’s own investigative findings. Challenge to the so-called ‘repetition rule’ which generally applies to reported speech in defamation proceedings. … Continue reading Curistan v Times Newspapers Ltd: CA 30 Apr 2008
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The court was asked whether a police constable was a person likely to be caused harassment, alarm or distress contrary to s. 5(1)(a) of the Public Order Act 1986. Held: Glidewell LJ discussed the offence under section 5 where words used toward the police officer were the basis of the charge: ‘I find nothing in … Continue reading Director of Public Prosecutions v Orum: 1988
The respondent was convicted of sexual offences against two groups of boys. The trial judge directed the jury that they would be entitled to take into account the uncorroborated evidence of the second group as supporting evidence given by the first group. Held: The House considered what was the general character of relevant evidence. Lord … Continue reading Regina v Kilbourne: HL 1973
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success. Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of proof rests upon the claimant to establish that there are grounds for his belief … Continue reading E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
No fear, no offence The defendant appealed against a conviction under section 4 of the 1986 Act. He had punched the victim unexpectedly and from behind, knocking him out. He argued that there was no evidence that he had caused the victim to believe that violence was to be used. Held: While the evidence brought … Continue reading Hughes v Director of Public Prosecutions: Admn 31 Jan 2012
Non-resident parents in each case appealed against suspended orders of imprisonment for non-payment of child support. They argued that the procedures used were indistinguishable from those held to be human rights non-compliant in Mubarak. Held: The Commission had not taken all alternative enforcement steps first as required by the Act, and accordingly it was ot … Continue reading Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian: CA 30 Oct 2012
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
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 appellants had entered Fortnum and Masons to demonstrate against tax avoidance. They appealed against convitions for aggravated trespass. Held: The statutory question posed by s.68 is whether the prosecution can prove that the trespasser has done anything on the land (‘there’), apart from trespassing, with the required statutory intent? As to that, there is … Continue reading Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
S6 of the 1986 Act proceedings had been stayed pending criminal proceedings in which the defendant was eventually convicted of conspiracy to defraud, sentenced to imprisonment and given a two year disqualification order under s2 by the trial judge, at the invitation of the defendants own counsel. The Secretary of State then applied to restore … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a parade celebrating the return of an army regiment from Afghanistan, but had demonstrated against the war. … Continue reading Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011
No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
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 defendant appealed against his conviction for offences of for dishonesty. He was said ti have grossly overcharged two spinster sisters for work on their home. He said that the judge had failed properly to put his defence before the jury. Held: There is an obligation on a judge to identify for the jury what … Continue reading Silverman, Regina v: CACD 31 Mar 1987
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Punitive Defamation Damages Order Sustained (Jamaica) The appellants challenged a substantial award of damages for defamation. They had wrongfully accused a government minister of corruption. There was evidence of substantial financial loss. ‘For nearly sixteen years the defendants, with all the prestige and resources at their command, have doggedly resisted the attempts of Mr Abrahams … Continue reading Gleaner Company Ltd and Another v Abrahams: PC 14 Jul 2003
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993
The claimant appealed against refusal of an order for discovery. He had wanted to disclose what he thought were illegal activities by the firm. He said that he had been dismissed for that reason and that disclosure was required for him to establish . .
