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Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

The claimant challenged the alteration of the PACE code of conduct to remove the mandatory requirement on an officer executing a stop and account or stop and search to record the self-defined ethnicity of the person so stopped, and also to challenge the decision of several chief constables to decide not to do so. Held: … Continue reading Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012

Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979

The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of the power limited the power of seizure and removal to things ‘which … Continue reading Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979

McLeod, Mealing (deceased) v Metropolitan Police Commissioner: CA 3 Feb 1994

The plaintiff appealed against the dismissal of her claims for trespass and breach of duty by the defendant’s officers. In divorce proceedings, she had been ordered to return certain household goods to her husband, but had failed yet to do so. The husband attended the property with a solicitor and two police officers without prior … Continue reading McLeod, Mealing (deceased) v Metropolitan Police Commissioner: CA 3 Feb 1994

Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered into corrupt agreemets to boost sales, sweetener payments being said to have been made by their agents. They complained that … Continue reading Serious Fraud Office v Papachristos and Another: CACD 19 Sep 2014

Regina v Khan (Sultan): HL 2 Jul 1996

The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to his rights of privacy as enshrined in articles 6 and 8 of the Convention. Held: There … Continue reading Regina v Khan (Sultan): HL 2 Jul 1996

X and Another v Z (Children) and Another: CA 5 Feb 2015

The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal law enforcement. The claimant was a prisoner serving a life term … Continue reading X and Another v Z (Children) and Another: CA 5 Feb 2015

Lord Hanningfield of Chelmsford v Chief Constable of Essex Police: QBD 15 Feb 2013

The claimant sought damages alleging unlawful arrest and search and detention. He had served a term of imprisonment for having made false expenses claims to the House of Lords. This raid occurred on his release. The arrest was planned and made to support the search without the need to establish urgency. Held: The claim succeeded. … Continue reading Lord Hanningfield of Chelmsford v Chief Constable of Essex Police: QBD 15 Feb 2013

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

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

Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996

Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996

Hui Chi-ming v The Queen: PC 5 Aug 1991

(Hong Kong) The defendant was charged with aiding and abetting a murder. A, carrying a length of water pipe and accompanied by the defendant and four other youths, seized a man and A hit him with the pipe, causing injuries from which he died. No witness saw the defendant hit the man, who was an … Continue reading Hui Chi-ming v The Queen: PC 5 Aug 1991

K, Regina v: CACD 28 Jul 2009

The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Latif; Regina v Shahzad: HL 23 Jan 1996

The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996

Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the import of counterfeit clothing and of money laundering. Held: The burden of showing that the judge acted … Continue reading Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008

The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point of view of the secondary party is sufficient. The question certified was ‘Is … Continue reading Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Mehmedov v Regina: CACD 18 Jul 2014

The defendant appealed against his conviction for the murder of his partner. He said that the court should have accepted his plea under section 54 of the 2009 Act, having wrongly admitted as evidence his previous covictions in Bulgaria at a time when, he said, people of his racial descent were regularly wrongly convicted. Pitchford … Continue reading Mehmedov v Regina: CACD 18 Jul 2014

H, Regina v: CACD 2 May 2012

(Practice Note) The court considered the principles to be applied when sentencing for offences brought to justice only many years after being committed. Held: The key to the sentencing exercise is to assess the harm from the offending and the culpability of the offender, taken with what are now specified aggravating and mitigating factors, while … Continue reading H, Regina v: CACD 2 May 2012

Sliogeris v Regina: CACD 30 Jan 2015

The defendant appealed against his conviction for murder. He complained as to the admission of some additional evidence from one of the co-defendants. Held: The appeal failed. Although some of the judge’s analysis was incorrect: ‘We recognise that a court will not readily admit an out of court statement by one defendant as evidence against … Continue reading Sliogeris v Regina: CACD 30 Jan 2015

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

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

Oakes and Others v Regina: CACD 21 Nov 2012

A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012

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 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

Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994

The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014

The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that they had assisted the escape. Held: The warrants had been issued unlawfully. They had been … Continue reading AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014

Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014

The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014

Newell, Regina v: CACD 30 Mar 2012

The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing. Held: The appeal was allowed. An advocate plainly has implied actual authority to do what is normally incidental, in the ordinary course of his profession, to … Continue reading Newell, Regina v: CACD 30 Mar 2012

Richardson v The Chief Constable of West Midlands Police: QBD 29 Mar 2011

The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an arrest was necessary. He said that the fact of the arrest would operate against him in … Continue reading Richardson v The Chief Constable of West Midlands Police: QBD 29 Mar 2011

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000: HL 25 Oct 2001

Police Entrapment is no defence to Criminal Act The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply. Held: It was an abuse of process for the police to go so far as to incite a crime. Lord Nicholls of Birkenhead said: … Continue reading Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000: HL 25 Oct 2001

Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so. Held: The Order now contained in regulation 26(5) an exhaustive list of the possible reasons for an arrest, and the Code of Practice required the officer to … Continue reading Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

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

Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

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

Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

Lewis and Evans v The Chief Constable of the South Wales Constabulary: CA 11 Oct 1990

The plaintiffs said that their arrests had been unlawful. Held: The arrests were lawful because, whilst their initial arrests were unlawful because the appellants were not told the reasons for them, they became lawful when they were given the reasons at the time of their presentation to the custody officer. Balcombe, Taylor LJJ [1990] EWCA … Continue reading Lewis and Evans v The Chief Constable of the South Wales Constabulary: CA 11 Oct 1990

Regina v Budimir and Another: CACD 29 Jun 2010

The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010

Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn: QBD 1979

The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he should at the very least ascertain: (1) whether … Continue reading Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn: QBD 1979

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

Black v Regina: CACD 17 Jul 2020

Disclosure Sufficient to Support Inference The court was asked whether sufficient evidence had been adduced about the strength of the prosecution case at the time of interview, to permit an adverse inference to be drawn from the failure to mention specific facts pursuant to section 34 of the 1994 Act. The defendant was said to … Continue reading Black v Regina: CACD 17 Jul 2020

Regina v Argent: CACD 16 Dec 1996

The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of the case against the appellant as they could and should have done. The solicitor’s … Continue reading Regina v Argent: CACD 16 Dec 1996

Morgan v Director of Public Prosecutions: Admn 6 Dec 2016

Res Gestae Evidence correctly admitted The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the distressed call by the complainant for the police, … Continue reading Morgan v Director of Public Prosecutions: Admn 6 Dec 2016

Regina v Wayne Ward: CACD 29 Jul 1993

An interview took place when an appellant, who was later charged with dangerous driving and taking a motor vehicle without authority, was asked why he was hiding, to which he replied ‘I don’t want to get caught.’ He was then arrested for taking a conveyance without authority, to which he said, according to the officers, … Continue reading Regina v Wayne Ward: CACD 29 Jul 1993

Director of Public Prosecutions v P: HL 1991

The defendant faced specimen counts of rape and incest against each of his two daughters. The trial judge refused an application for separate trials in respect of the offences alleged against each daughter. The defendant was convicted. Held: His appeal was allowed. The judge had erred in refusing separate trials. Lord Lane CJ said that … Continue reading Director of Public Prosecutions v P: HL 1991

Conway v Rimmer: HL 28 Feb 1968

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

British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis: SC 12 Mar 2014

The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district judge. The police were investigating suspected leaks by armed forces officers of materials … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis: SC 12 Mar 2014

Regina v Dhorajiwala: CACD 9 Jun 2010

The defendant appealed against her conviction for theft. She had been accused of stealing money over many months from the till at the pharmacy where she worked. She said that a confession in interviews conducted by civilian investigators should not have been admitted. She said that transactions had not been put through the till at … Continue reading Regina v Dhorajiwala: CACD 9 Jun 2010

More Recent Cases

This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.

Regina v Southampton Crown Court ex parte J and P; 21 Dec 1992

References: [1993] Crim LR 962 Coram: Watkins LJ, Auld LJ Ratio: A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under section 9 … Continue reading Regina v Southampton Crown Court ex parte J and P; 21 Dec 1992

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

law-bytes

Please note (June 2010: that these law-bytes will soon (but not very soon and slowly) be re-organised, and re-posted within the main swarb.co.uk law-blog. This will allow much more powerful crosslinking for users between the various pages. All the existing pages will be left in place, but only the replacements will be updated. Eventually all … Continue reading law-bytes

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index