A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is able to examine all the relevant material and satisfy itself that there was no danger … Continue reading Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft: CA 16 Jun 1994
The judge had to consider a claim that a Housing Benefit Review Board lacked the appearance of an independent and impartial tribunal, and thus contravened the right to a fair trial on common law principles and under Article 6. The problem was that the Chairman and two other members of the Board were councillors of … Continue reading Regina v Secretary of State for the Environment ex parte Norwich City Council: CA 1982
The Court was asked whether the cul-de-sac to which the TRO applied was a ‘road’ within the definition in section 104 of the 1967 Act. At 243-244 Lord Widgery CJ, with whom Melford Stevenson and Brabin JJ agreed, said: ‘On the question of what is meant by the public having access, we have been referred … Continue reading Houghton v Scholfield: QBD 1973
The claimant barrister sought judicial review of his disbarrment. The Board of Visitors had found that he had dishonestly fabricated documents relating to correspondence with a client. He now said that the proceedings had been unfair, in that an earlier inconsistent statement of a witness had not been provided to him. Held: The Visitors had … Continue reading McCarthy v Visitors To The Inns of Court and Another: Admn 25 Oct 2013
The court was asked whether the decision of the Visitors to the Inns of Court dismissing Mr McCarthy’s appeal from the Bar Disciplinary Tribunal should be quashed with a view to the underlying matter being remitted to the Tribunal. The Tribunal disbarred Mr McCarthy following a finding that after a dispute had arisen he had … Continue reading McCarthy, Regina (on The Application of) v The Visitors To The Inns of Court and Another: CA 20 Jan 2015
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law. However, the court has no jurisdiction to review a decision of the visitor of a University on the construction of its … Continue reading Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page: HL 3 Dec 1992
The court considered the meaning of the legal concept of a breach of the peace. Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable apprehension of imminent danger of a breach of the peace; so for … Continue reading Regina v Howell (Errol): CACD 1981
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993
Plea of Autrefois Acquit is Narrow in Scope The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict. Held: The majority identified a narrow principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences. Held: The magistrate was vested with jurisdiction to consider whether summonses issued by a convicted defendant amounted to an abuse of process, and … Continue reading Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999
The jurisdiction to stay criminal proceedings on the ground of delay is exceptional, even where the delay was unjustifiable, and a stay should rarely be imposed in the absence of any fault on the part of the complainant or prosecution, and should never be imposed where the delay was due merely to the complexity of … Continue reading Attorney General’s Reference (No 1 of 1990): CACD 3 Jun 1992
Defendant must plea to charge, and not counsel The defendants had, through their barrister, entered pleas of guilty, but the crown court had declared the convictions invalid because this had to have been done by the defendants personally, and remitted the cases and the confiscation proceedings to the Magistrates. The prosecutor Council now sought to … Continue reading Westminster City Council v Owadally and Another: Admn 17 May 2017
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team. Held: Permission to apply for review was granted, but the claim failed. ‘It is necessary to show something that materially may cast doubt upon the safety … Continue reading Nunn v Suffolk Constabulary and Another: Admn 4 May 2012
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance. Held: There was a clear breach of section 16(5). The officers had followed the guidance, … Continue reading Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section 2(1)(b). Held: The civil standard of proof is flexible and … Continue reading B v Chief Constable of Avon and Somerset Constabulary: QBD 5 Apr 2000
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign against the applicant, and as a party. Held: The House is … Continue reading Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2): HL 15 Jan 1999
Magistrates have no Power to redo Mode of Trial The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial. Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have to be revisited by the House … Continue reading Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003
The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process. Held: The defendant’s appeal succeeded. The caution had been a simple unconditional one. The notice accompanying it may … Continue reading Jones v Whalley: HL 26 Jul 2006
The defendant sought judicial review of a decision of the magistrates to adjourn a case where, on the day before, a differently constitued bench had refused an adjournment requested by the prosecution. On the first occasion the prosecutor had not had all the facts and the court had assumed that the fault was that of … Continue reading Jones v South East Surrey Local Justice Area: Admn 12 Mar 2010
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been … Continue reading Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another: CA 25 Mar 2011
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the magistrates had no such jurisdiction. ‘section 33(4) precludes the justices from investigating … Continue reading Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
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
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
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
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical exercise of comparing previous delays in those cases with the delays in the instant … Continue reading Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia): Admn 10 Feb 1997
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012
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
The applicants each sought judicial review of a decision of the magistrate that he did not have jurisdiction to decline to issue liability notices. They argued that the Council had failed to issue the required notices before placing the properties on the List. Held: The appeal failed. The role of the Magistrates Court was limited … Continue reading Secerno Ltd and Others v Oxford Magistrates Court and Another: Admn 19 Apr 2011
The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review by the defendant’s officers. He now pursued a private prosecution. Held: The review was … Continue reading Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court: Admn 30 Apr 2010
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
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
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order. Held: The EAT must be careful not to take disagreements as to findings on facts as faults in law. No appeal on a question of law should … Continue reading Yeboah v Crofton: CA 31 May 2002
The claimants wished to claim damages saying that in executing a search warrant, the defendant had made excessive seizures of material. The claimants sought inspection by independent counsel of the materials seized to establish this in a manner similar to the protocol which protected seizures of material which might be protected by legal professional privilege, … Continue reading Faisaltex Ltd and Others v Lancashire Constabulary and Another: QBD 24 Jul 2009
The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution of CCTV film of the custody suite. The court had refused permission to proceed with … Continue reading Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009
The defendant, a 12 year old boy , had been charged, with others, with offences of violence. He denied the charges. He objected to his interview with admissions being used. On being admitted he then pleaded guilty. Later cases against co-defendants . .
A section in an Act of Parliament read: ‘and if . . the magistrate or justices shall be satisfied that such articles, or any of them, are of the character stated in the warrant and that such or any of them have been kept for any of the purposes . .
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
(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 . .
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: . .
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
The respondent authority had removed the child from the mother at birth but without first obtaining any court authority. The court had made a peremptory order for the return of the child. The court explained its actions.
Held: Neither social . .
An Act of Parliament authorised a company to construct a railway. Two other companies combined and contracted with the first to supply rolling stock. An injunction was brought to try to restrain this, saying that such a contract was not explicitly . .
Under Section 1 of the Profiteering Act 1919, the Board of Trade had power to receive and investigate complaints of excessive profiteering. Section 2 of the Act gave a power to establish local committees to make such reports with a view to . .
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 . .
The magistrates had concluded that the movement of waste, previously tipped by others in the entrance to the Respondents’ field, did not amount to a ‘deposit’, within s.33(1)(a) of the 1990 Act. The Council appealed against dismissal of it . .
The council appealed the refusal of the magistrates to grant an interim Anti-Social Behaviour Order (ASBO) without notice. The magistrates clerk had said that there had been no violence, and no further incident after the police had given a warning. . .
References: (1831) 2 B & Ad 663, [1831] EngR 686, (1831) 109 ER 1290 Links: Commonlii Coram: Lord Tenterden CJ Trespass for assaulting, and turning plaintiff out of a police office. Plea, that two of the defendants, being justices of the peace, were assembled in a police office to adjudicate upon an information against AB … Continue reading Collier v Hicks; 7 Jun 1831
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