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Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

Re Seagull Manufacturing Co Ltd: ChD 3 May 1993

A company director who was resident overseas may be subject to disqualification proceedings. Citations: Ind Summary 03-May-1993 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Citing: See Also – In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker CA 22-Feb-1993 The court has jurisdiction to order the public examination of a company … Continue reading Re Seagull Manufacturing Co Ltd: ChD 3 May 1993

Rukwira v Director of Public Prosecutions: Admn 1993

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

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

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Ex parte Waldron: CA 1986

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

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

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

In re Seagull Manufacturing Co Ltd: ChD 1992

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

Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Peter Buchanan Limited and Macharg v McVey: 1954

(Supreme Court of Ireland) The plaintiff was a company registered in Scotland put into compulsory liquidation by the revenue under a substantial claim for excess profits tax and income tax. The liquidator was really a nominee of the revenue. The defendant director had realised all the company’s assets and having paid all the debts save … Continue reading Peter Buchanan Limited and Macharg v McVey: 1954

Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986

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

Nuclear Tests Case (Australia v France): ICJ 20 Dec 1974

In its judgment in the case concerning Nuclear Tests (Australia v. France), the Court, by 9 votes to 6, has found that the claim of Australia no longer had any object and that the Court was therefore not called upon to give a decision thereon. In the reasoning of its Judgment, the Court adduces inter … Continue reading Nuclear Tests Case (Australia v France): ICJ 20 Dec 1974

Consolidated Practice Direction: LCJ 2002

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

Regina v Hammersmith Coroner ex parte Gray: CA 1986

Several police officers obtained an order directing a new inquest in a case in which the coroner was held to have misdirected the jury in relation to a possible verdict of unlawful killing. The misdirection was severe, but the issues and law were complex. Notwithstanding that the coroner had been represented: ‘If an order for … Continue reading Regina v Hammersmith Coroner ex parte Gray: CA 1986

Hounga v Allen and Another: SC 30 Jul 2014

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

Collins Stewart Ltd and Another v The Financial Times Ltd: QBD 20 Oct 2004

The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. Held: The possible market capitalisation of the claimants was far too uncertain a basis for calculating damages. The … Continue reading Collins Stewart Ltd and Another v The Financial Times Ltd: QBD 20 Oct 2004

Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009

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

The Attorney General for St Christopher and Nevis v Rodionov: PC 20 Jul 2004

(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice through long delay. The Board was concerned as to its jurisdiction. Held: No appeal lay against … Continue reading The Attorney General for St Christopher and Nevis v Rodionov: PC 20 Jul 2004

Director of Public Prosecutions v Hammond: QBD 13 Jan 2004

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

Valentine v Director of Public Prosecutions: Admn 24 Mar 1997

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

In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993

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

Elmcroft Developments Ltd v Tankersley-Sawyer: CA 1984

The premises were a part of a late Victorian purpose-built mansion block consisting of 27 flats, including seven basement flats. They formed part of a larger terrace of buildings of a similar character and provided high-class accommodation in a sought-after fashionable area of London. The provision of a damp-proof course was a repair under a … Continue reading Elmcroft Developments Ltd v Tankersley-Sawyer: CA 1984

Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

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

Director of Public Prosecutions v Clarke and Others: QBD 30 Jul 1991

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

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

Regina (Director of Public Prosecutions) v Aylesbury Crown Court and Another: Admn 24 Nov 2017

Application by the Crown Prosecution Service for judicial review seeking an order quashing a costs order made against it and made under section 19 of the Prosecution of Offences Act 1985 (the 1985 Act) and the Costs in Criminal Cases (General) Regulation 1986 (the Regulations). Judges: Sharp LJ, Julian Knowles j Citations: [2017] EWHC 2987 … Continue reading Regina (Director of Public Prosecutions) v Aylesbury Crown Court and Another: Admn 24 Nov 2017

Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

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

Fourie v Le Roux and others: HL 24 Jan 2007

The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007

Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

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

James and Others v The United Kingdom: ECHR 21 Feb 1986

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

Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005

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

Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986

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

In re McKerr (Northern Ireland): HL 11 Mar 2004

The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004

Cardiothoracic Institute v Shrewdcrest Ltd: ChD 1986

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

British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

James v Director of Public Prosecutions: Admn 13 Nov 2015

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

Unterpertinger v Austria: ECHR 24 Nov 1986

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

Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was … Continue reading Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

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

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

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

Powlesland v Director of Public Prosecutions: Admn 9 Dec 2013

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

Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

The claimants alleged misuse of their private information in collecting information about their internet useage when using Google products. Google now applied for an order setting aside consent for service out of the jurisdiction. Held: The judge dismissed the applications to set aside permission to serve the claim form out of the jurisdiction in respect … Continue reading Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

Barber v Somerset County Council: HL 1 Apr 2004

A teacher sought damages from his employer after suffering a work related stress breakdown. Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his sickness absences, and given him support. It did not do so. It was liable.Lord … Continue reading Barber v Somerset County Council: HL 1 Apr 2004

Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc: CA 14 Mar 1986

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

Faccenda Chicken Ltd v Fowler: CA 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

Somerville v Scottish Ministers: HL 24 Oct 2007

The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007

Phillips v Mulcaire: SC 24 May 2012

The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to ‘technical or commercial information’ within the definition of ‘intellectual property’ in section 72(5) of the … Continue reading Phillips v Mulcaire: SC 24 May 2012

E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003

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

ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

Hughes v Director of Public Prosecutions: Admn 31 Jan 2012

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

Practice Statement (Judicial Precedent): HL 1966

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

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013

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

Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010

The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010

Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

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

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011

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

Holmes-Moorhouse v Richmond Upon Thames: HL 4 Feb 2009

The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing. Held: The authority’s appeal succeeded. ‘When any family court decides with whom the children of separated parents are to live, the welfare of those children must be its paramount consideration: the Children Act 1989, section 1(1). … Continue reading Holmes-Moorhouse v Richmond Upon Thames: HL 4 Feb 2009

The Director of Public Prosecutions v Distill: Admn 8 Sep 2017

Dwelling did not include the garden The DPP appealed by case stated from a decision dismissing a prosecution for racially aggravated use of threatening words or behaviour. Both parties, neighbours, had been in their back gardens when the defendant was said to have shouted racial abuse. The magistrates had accepted a subission that the parties … Continue reading The Director of Public Prosecutions v Distill: Admn 8 Sep 2017

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 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

Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis: Admn 14 Apr 2011

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

Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999

(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

Gleaner Company Ltd and Another v Abrahams: PC 14 Jul 2003

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

Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law. Held: The appeal … Continue reading Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. Held: In cases of diagnosis and treatment there are cases where, despite a body … Continue reading Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020

Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020

Christie v Leachinsky: HL 25 Mar 1947

Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947

Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999

Barclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes): HL 25 Nov 2004

The company had paid substantial sums out in establishing a gas pipeline, and claimed those sums against its tax as capital allowances. The transaction involved a sale and leaseback arrangement which the special commissioners had found to be a pre-arranged series created only for a tax advantage, and the judge at first instance agreed saying … Continue reading Barclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes): HL 25 Nov 2004