The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
EAT The claimant had succeeded in his claim for race discrimination. The employer appealed, saying the tribunal had misunderstood its harassment procedure so as to be wrong in law. The claimant complained of a doicument recommending fer for a refernce to the Occupational health Department. The tribunal rejected the claim as to any factual discrimination … Continue reading London Borough of Hammersmith and Fulham, G Alltimes v L Ezeonyim: EAT 7 Jun 2000
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 ‘Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] principle also applies to expulsion decisions and a fortiori to cases of actual expulsion .’ 15576/89, (1991) 14 EHRR … Continue reading Cruz Varas And Others v Sweden: ECHR 20 Mar 1991
The Lord Chief Justice of England and Wales, Mr Justice Calvert Smith, Mr Justice Griffith Williams [2010] EWCA Crim 2955 Bailii Protection of Harassment Act 1997 5A England and Wales Crime Updated: 29 December 2021; Ref: scu.448149
The claimant a former PhD student sought substantial damages alleging harassment by her supervisor, employed by the defendant. Held: The claim failed. The claimant had become fixated, and those working alongside both partes, whilst recognising the supervisor’s sometimes abrupt manner, did not support the allegations. Hamblen J [2013] EWHC 2438 (QB) Bailii Protection of Harassment … Continue reading Saha v Imperial College of Science, Technology and Medicine: QBD 7 Aug 2013
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
UTIAC (1) There is no general duty of disclosure on the Secretary of State in asylum appeals generally or Country Guidance cases in particular. The extent of the Secretary of State’s obligation is set out in R v SSHD ex p Kerrouche No 1 [1997] Imm AR 610, as explained in R (ota Cindo) v … Continue reading CM (Em Country Guidance; Disclosure) Zimbabwe CG: UTIAC 31 Jan 2013
The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations. Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations. Lord MacDermott (obiter) said: ‘The fireman in doing his … Continue reading Harrison v National Coal Board: HL 1951
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself. Held: When asking whether material circumstances in a case might give rise to a reasonable apprehension of bias, the test was whether objectively … Continue reading In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
callaghan_inmQBNI2009 The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid the identification, but disputed the extent of the restriction to be given. Held: The order … Continue reading Callaghan v Independent News and Media Ltd: QBNI 7 Jan 2009
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
