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Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

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

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

Derby and Co Ltd v Weldon (Nos 3 and 4): CA 1990

The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction. Held: The appeal failed. In the event of disobedience there was sufficient sanction in that the court could bar the … Continue reading Derby and Co Ltd v Weldon (Nos 3 and 4): CA 1990

Crown Prosecution Service v Jennings: HL 14 May 2008

The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit. Held: Though some criticisms of the Court of Appeal decision were valid, the appeal … Continue reading Crown Prosecution Service v Jennings: HL 14 May 2008

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Agbaje v Akinnoye-Agbaje: SC 10 Mar 2010

The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in poverty or to return to Nigeria against her wishes. … Continue reading Agbaje v Akinnoye-Agbaje: SC 10 Mar 2010

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Firth v Epping Magistrates Court: Admn 3 Feb 2011

The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011

Parkwood Leisure Ltd v Alemo-Herron and Others: SC 15 Jun 2011

The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .

Boddington v British Transport Police: HL 2 Apr 1998

The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .

Campbell v Hamlet (as executrix of Simon Alexander): PC 25 Apr 2005

(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .

Bayliss, Regina (on the Application of) v Director of Public Prosecutions: Admn 6 Feb 2003

The defendant was arrested in Tescos. On being searched he was found to have a lock knife. He had placed it in his belt and forgotten about it. He appealed conviction saying it had not been shown that he knew he still had the knife.
Held: . .

United States Government v Montgomery and Another: HL 6 Feb 2001

An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .

Capewell v Revenue and Customs and Another: HL 31 Jan 2007

The defendant appealed against an order regarding the remuneration of a receiver appointed to administer a restraint order placed on the assets of the defendant under the 1988 Act on the basis of an allegation that the defendant had been involved in . .

Bielecki v The Director of Public Prosecutions: Admn 23 Aug 2011

The court had delivered a draft judgment which counsel said was based upon a fundamental misunderstanding of the case she had presented. Counsel now suggested that the matter should be referred to a two judge divisional court. That was refused. The . .

Simpson v Regina: CACD 23 May 2003

The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .

Regina v KJ Martin: CACD 20 Feb 2003

The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained . .

Attorney General’s Reference No 81 of 2006: CACD 16 Oct 2006

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Director of Public Prosecutions v M (A Minor): Admn 25 May 2004

There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .

Al-Khawaja v Regina: CACD 3 Nov 2005

The defendant had been tried for indecent assaults. The complainant having died before the trial, the judge had ruled that her written statements were admissible. The defendant said he had not had a fair trial.
Held: The appeal failed. The . .

Kuwait Airways Corporation v Iraqi Airways Company (No 6): CA 16 Mar 2005

The defendant company appealed against an order allowing inspection of documents for which litigation privilege had been claimed. It was said that the defendants had been involved in perjury in previous proceedings between the parties.
Held: . .

Scarth, Regina v: CACD 21 Mar 2006

Application by the Attorney General pursuant to section 36 of the Criminal Justice Act 1988 for leave to refer the offender’s sentence to this court on the ground that it was unduly lenient. . .

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 11 Feb 1999

The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Palmer, Regina v: CACD 11 Oct 2002

The defendant appealed against a very substantial confiscation order. The prosecution had served notices under sections 71 and 72(1), but the section 72(1) notice was invalid. The judge allowed a second notice to be served, and the case to be . .

Regina v Soneji; Regina v Bullen: CACD 20 Jun 2003

If the court could only postpone confiscation proceedings in exceptional circumstances, it behoved the court before allowing such an adjournment to enquire into the justification, and to record the circumstances which made it exceptional. The . .

Seabord Offshore Ltd v Secretary of State for Transport (The Safe Carrier): HL 25 Mar 1994

The House was asked whether a ship manager was legally responsible for the acts of the ship’s chief engineer under s31(1) of the Merchant Shipping Act 1988, which imposed a duty on the manager to take all reasonable steps to secure that the ship was . .

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004