Cheatle v General Medical Council: Admn 27 Mar 2009

Judges:

Cranston J

Citations:

[2009] EWHC 645 (Admin), [2009] LS Law Medical 299

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 05 December 2022; Ref: scu.324699

Cadman v Regina: CACD 3 Jul 2008

Appeal from conviction of fraud – material provided to the jury after retirement which had not been used during the trial and made available to be challenged.
Held: Conviction set aside: ‘For the jury to use the extraneous material provided after their retirement (i.e. the sample of further cheques) in order to compare handwriting so as to decide whether the appellant had written out the body of the cheques in Appendix G, necessarily meant using that extraneous material as evidence in an exercise that would enable the jury to reach their own conclusion in relation to the appellant’s unchallenged and crucial evidence to the contrary effect. In our judgment, it was wholly impermissible for the jury to make use of the extraneous material for such an evidential exercise. However, as we have already stated, it is very likely that this is precisely what the jury did.’ and
‘ as a result of their impermissible evidential exercise, the jury could have come to the conclusion that the appellant had not merely signed the cheques in Appendix G, but that he had written out the entire body of the cheques and had lied about having done so. As we have already explained, the appellant’s evidence that (apart from one minor exception) he had not written out the body of any of the relevant cheques, was evidence that went to the very heart of his defence. In our judgment, there can be no doubt that any conclusion by the jury that the appellant had lied about this important matter is one that might reasonably have affected their decision to convict the appellant. Since we are satisfied that the jury could have come to such a conclusion as the result of the irregularity that occurred in this case, the conviction must therefore be considered unsafe’

Judges:

Hooper LJ, Forbes, Blake JJ

Citations:

[2008] EWCA Crim 1418

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Karakaya CACD 16-Feb-2005
No Internet Research for juror
After conclusion of the trial, the jury bailiff discovered notes in the jury room which indictated that the jury, after they had retired for their verdict, had read and discussed notes obtained by a juror from the Internet relating to the case.
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 December 2022; Ref: scu.270947

Bibin v Walker: 1768

The will contained a clause devised land ‘which he had before given to A’ over to B in the happening of an event.
Held: The clause operated as a devise by implication to A.

Citations:

(1768) Amb 661, [1768] 27 ER 429

Jurisdiction:

England and Wales

Wills and Probate

Updated: 05 December 2022; Ref: scu.272308

Bainbridge v Quarters Trustees Ltd: ChD 6 May 2008

The pensioner appealed a decision of the Pensions Ombudsman which rejected his complaint against the trustee of The Sunley Turriff Pension Scheme. He said that the assets of the Scheme supporting money purchase benefits form a fund or funds distinct from the assets supporting final salary benefits so that, in the winding-up of the Scheme, the former are available only to meet the money purchase benefits which the Scheme provides.

Citations:

[2008] EWHC 979 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services

Updated: 05 December 2022; Ref: scu.267537

Zoolife International Ltd, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 17 Dec 2007

Silber J reviewed the authorities which consider the question of whether courts should entertain claims for relief in which the claimants have no interest.
Held: Academic issues cannot and should not be determined by courts unless there are exceptional circumstances such as where two conditions are satisfied in the type of application now before the courts. On the facts there were factors some of which were overlapping and which individually or cumulatively indicated that the claim should not be heard as it was academic. First, any decision on the facts of that case would be fact-sensitive; second since the duties of the claimants were not the same in the instant case and in all other potential cases the result in the instant case would not necessarily be the same in any other cases; third there was no certainty or even probability that other claims would be brought; fourth if there were subsequent claims other parties might wish to adduce evidence so that the court on a subsequent occasion would have to consider different material; fifth because any decision in the instant case would depend on assumed facts it would be unlikely to be determinative or of any value in subsequent proceedings; sixth because the factual situation in a subsequent case might be different a decision on the instant case would not constitute a precedent for future applications; seventh not all interested parties had been served with details of the amended claim; and eighth that the claim in that case was an academic one and there was, in the words of Lord Slynn in Salem no ‘good reason in the public interest’ for it to be determined by him.
However, it was desirable if not necessary gtto resolve the outstanding issues in case he was wrong on the academic issue and also because it might well be necessary for him to come to conclusions on the other issues when dealing with the question of costs.

Judges:

Silber J

Citations:

[2007] EWHC 2995 (Admin), [2008] ACD 44

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Administrative

Updated: 05 December 2022; Ref: scu.262876

Secretary of State for the Home Department v AF: Admn 30 Nov 2007

The judge had made an order on the basis that a non-derogating control order was flawed. The order had been appealed successfully. He now faced a question, at the directions stage, as to whether he could hear the case again after it was remitted to his division.
Held: He could indeed hear the case. The wording of the Act did not oust the standing principle that a judicial decsion should be respected in subsequent proceedings between the same parties. There was therefore no objective reason for the same judge to rehear the case on it being remitted.

Judges:

Stanley Burnton J

Citations:

[2007] EWHC 2828 (Admin), Times 17-Dec-2008, [2008] ACD 20, [2008] 2 All ER 67

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 3(10) 10(4)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 05 December 2022; Ref: scu.261646

Remice v HMP Belmarsh: Admn 27 Mar 2007

The prisoner was accused of witness intimidation. He was arrested and several bail applications and appeals were heard, but the last simply committed him to prison. He said that since this order would return him to the magistrates, a maximum of eight days could be allowed.

Citations:

[2007] EWHC 936 (Admin)

Links:

Bailii

Statutes:

Magistrates Court Act 1980 128A(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Governor of Pentonville Prison Ex Parte Bone QBD 8-Nov-1994
A Crown Court Judge when remanding a defendant in custody after a prosecution appeal from the Justices must give a date on which he is to be produced. Rose LJ said: ‘For my part, I accept that the Crown Court Judge is not subject to the provisions . .
Lists of cited by and citing cases may be incomplete.

Prisons, Magistrates

Updated: 05 December 2022; Ref: scu.263481

Regina (Hasan) v Secretary of State for Trade and Industry: Admn 19 Nov 2007

The claimant, a Palestinian, sought to challenge licences authorising the sale of military equipment to Israel which had been used in turn to destroy his farm, and infringe his human rights.
Held: Permission was refused. Though overt examination of the particular licences was not adequate the grant of licences was subject to appropriate supervision.

Judges:

Collins J

Citations:

[2007] EWHC 2630 (Admin), [2008] ACD 10

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

International, Administrative

Updated: 05 December 2022; Ref: scu.263494

The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination.

Judges:

David J

Citations:

[2007] EWHC 3090 (Admin)

Links:

Bailii

Statutes:

Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006)

Jurisdiction:

England and Wales

Cited by:

At First Instance – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 23-Sep-2008
Europa Council Directive 2000/78/EC Article 6(1) Age discrimination – Compulsory retirement National legislation permitting employers to dismiss employees aged 65 and over if the reason of dismissal is retirement . .
At High Court – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
See Also – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 05 December 2022; Ref: scu.263482

Regina v Knowsley Metropolitan Borough Council, ex parte Maguire: 1990

Schiemann J said: ‘we do not have in our law a general right to damages for maladministration.’

Judges:

Schiemann J

Citations:

(1992) 90 LGR 653

Jurisdiction:

England and Wales

Cited by:

Cited – Hilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
Lists of cited by and citing cases may be incomplete.

Damages, Administrative

Updated: 05 December 2022; Ref: scu.263462

Swanston Grange (Luton) Management Ltd v Langley-Essen: LT 12 Nov 2007

LT LANDLORD AND TENANT- Breach of covenant – Commonhold and Leasehold Reform Act 2002 s.168 – whether a breach has occurred – jurisdiction of leasehold valuation tribunal to consider whether landlord has waived the covenant (in the sense of being estopped from relying on its strict rights under the covenant) – whether landlord in fact so estopped.

Citations:

[2007] EWLands LRX – 12 – 2007

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002 168

Jurisdiction:

England and Wales

Cited by:

Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.262244

Ogilvy, Regina (on the Application of) v Secretary of State for the Home Department: Admn 3 Aug 2007

The claimant sought to argue that paragraph 2A of Schedule 2 to the 1971 Act does not apply to indefinite leave to remain and to challenge the decision of the defendant to suspend his leave to remain pending further police enquiries relating to alleged criminal activity.

Citations:

[2007] EWHC 2301 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971 Sch2 2A

Jurisdiction:

England and Wales

Immigration

Updated: 05 December 2022; Ref: scu.260000

Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007

The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, and that this amounted to an abuse of process.
Held: The appeal failed. The judge had been correct to say that it was wrong to complain of each separate error. It was not open to the council to lay multiple informations under the subsection in relation to a single date (though the defendant has accepted that it was open to the council to lay separate informations in relation to different dates). The laying of multiple informations in respect of a single offence was an abuse of process.

Judges:

Richards LJ, Openshaw J

Citations:

[2007] EWHC 2535 (Admin), [2008] 1 All ER 1137, [2008] 1 WLR 2562

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – British Telecommunications Plc v Nottinghamshire County Council Admn 21-Oct-1998
The court considered an appeal by case stated against a conviction on 2 informations under sections 71(1) and (5). One alleged a failure to comply with the prescribed requirements as to the specification of materials to be used in reinstating the . .
Cited – Thames Water Utilities Ltd v London Borough of Bromley Admn 4-Mar-2000
The court considered an appeal by case stated against a conviction on 16 separate informations alleging offences of failing to complete permanent reinstatement as required by section 70(4). . .
Cited – Regina v Manchester Coroner, ex parte Tal 1985
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a . .
Lists of cited by and citing cases may be incomplete.

Utilities, Criminal Practice

Updated: 05 December 2022; Ref: scu.260206

Ashman, Regina (on the Application of) v Parole Board and Another: Admn 30 Oct 2007

The court made a declaration that the claimant has suffered a breach of his rights under Article 5(4) of the European Convention on Human Rights by his continuing in detention beyond the expiry of the minimum term, without reasonable steps having been taken to assess whether his continued detention was justified.

Citations:

[2007] EWHC 2647 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 05 December 2022; Ref: scu.261372

T v Director of Public Prosecutions: Admn 10 Jul 2007

Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences they had drawn and from what facts and allowed the defendant opportunity to make representations.
Held: The magistrates had not been in a position to draw the adverse inferences they had. The appeal succeeded.

Judges:

Hughes LJ, Treacy J

Citations:

[2007] EWHC 1793 (Admin)

Links:

Bailii

Statutes:

Criminal Law Act 1977 13, Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.261399

Director of Public Prosecutions v Tooze: Admn 24 Jul 2007

Prsoecutor’s appeal against dismissal of charge of driving with excess alcohol. The dfeendant was arrested only some time after he had been driving and after he had consumed further alcohol.

Citations:

[2007] EWHC 2186 (Admin)

Links:

Bailii

Statutes:

Road Traffic Act 1988 5(1)(a), Road Traffic Offenders Act 1988 15

Jurisdiction:

England and Wales

Road Traffic

Updated: 05 December 2022; Ref: scu.259841

Haycocks, Regina (on the Application Of) v Worcester Crown Court: Admn 15 May 2007

Renewed application for leave to seek judicial review of the crown court in dismissing his appeal against conviction for driving with excess alcohol. The judge had refused an adjournment to allow fresh counsel to be instructed, and had behaved in a discourteous and biased manner. He had said that the police had forced their way into his house and used CS gas and otherwise behaved so improperly that the evidence should not have been admitted.
Held: On such an application, the court was limited to seeing whether no court could resonably have concluded as the first instance judge had. The claimant had not established what he needed to establish and the leave was refused.

Citations:

[2007] EWHC 2127 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Road Traffic, Legal Professions

Updated: 05 December 2022; Ref: scu.259637

Hudson v Robinson: 1816

A partner in a firm fraudulently contracted in the names of the partnership to sell goods to the plaintiff. He received the purchase price from the plaintiff and then did not delivery the goods.
Held: The plaintiff buyer could recover the purchase price from the fraud as money had and received.
Lord Ellenborough CJ said: ‘It is said that an action for money had and received is not maintainable in this case. But an action for money had and received is maintainable whenever the money of one man has, without consideration, got into the pocket of another. Here the money of the plaintiffs has got into the pocket of the defendant; and the question is whether this has been without any consideration. The consideration was the supposed right of the defendant to dispose of the goods as partnership property, which was the inducement to the plaintiffs to give this bill, under which they have been obliged to pay the money. The defendant had no such right; therefore the absence of any consideration entitles the plaintiffs to maintain this action, and still more so where the money has got into the defendant’s pocket through the medium of a fraud.’

Judges:

Lord Ellenborough CJ

Citations:

(1816) 4 M and S 475

Jurisdiction:

England and Wales

Cited by:

Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 December 2022; Ref: scu.259417

MMH, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Sep 2007

The applicants challenged their continued detention pending their return to Iraq.
Held: Beatson J said: ‘In the present case there is a significant risk of absconding, but a risk of re-offending which the defendant accepts is not very high. Leaving aside the second claimant’s mental condition, I would hold that the period of their detention (thirteen months to date for the first claimant, and nine months for the second claimant) is, despite its length, in the circumstances reasonably necessary for the purposes of the deportation order and so lawful. This degree of risk of absconding in my judgment, together with the claimants’ refusal to go voluntarily, so that their detention was a product of their own making, justified the defendant a substantially longer period of time within which to arrange removal.’

Judges:

Beatson J

Citations:

[2007] EWHC 2134 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 05 December 2022; Ref: scu.259650

Regina v Thomas Dolan: 1855

Receiving stolen goods

Citations:

(1855) Dears 436, [1855] EngR 22, (1855) 169 ER 794

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Followed – Regina v Villensky 1892
The prisoners could not be indicted for receiving stolen goods where the goods were no longer stolen when received. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.254557

Osborn v Wise: 1837

Easement of necessity for use arising after grant but predictable.

Judges:

Parke B

Citations:

(1837) 7 Car and P 761

Jurisdiction:

England and Wales

Cited by:

Cited – Sweet and Another v Sommer and Another ChD 25-Jun-2004
Part of land had been sold off. By oversight no right of way had been taken in favour of the retained land. The dominant owner argued that by demolition of a building a means of access could be found and that therefore no right of way by necessity . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 05 December 2022; Ref: scu.258293

Playfoot (A Minor), Regina (on the Application of) v Millais School: Admn 16 Jul 2007

The claimant sought to be allowed to wear a purity ring at school. The ring infringed the school’s uniform code. She said that the ring expressed her desire religious to remain pure before marriage.
Held: The wearing of the ring was not sufficiently closely connected with the claimant’s religion or her belief in chastity before marriage. The claim failed.

Judges:

Michael Supperstone QC

Citations:

[2007] EWHC 1698 (Admin), Times 23-Jul-2007, [2007] ELR 484, [2007] BLGR 851, [2007] 3 FCR 754, [2007] ACD 80, [2007] HRLR 34

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Human Rights

Updated: 05 December 2022; Ref: scu.258412

Regina v George: 1960

(Canada) Fauteux J described the difference between a crime of basic intent and one of specific intent: ‘In considering the question of mens rea, a distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.’

Judges:

Fauteux J

Citations:

(1960) 128 Can CC 289

Jurisdiction:

Canada

Cited by:

Cited – Regina v Heron; Regina v Storey; Regina v Thomas HL 25-Mar-1982
The defendants appealed against their convictions for conspiracy to counterfeit gold coins. They said no evidence had been brought to suggest their intention to commit any dishonest act. The House was asked whether the offence was one of specific or . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.258438

Hohler v Aston: 1920

A Mrs. Aston agreed with her nephew Mr. Hohler to make provision for her niece and her husband, Mr. and Mrs. Rollo. Mrs. Aston died before doing so. Mr. Hohler and Mr. And Mrs. Rollo sued the executors of Mrs. Aston for specific performance
Held: The action succeeded. Sargant J: ‘the third parties, of course, cannot themselves enforce a contract made for their benefit but the person with whom the contract is made is entitled to enforce the contract.’ Mr. Hohler took no benefit under the contract but was allowed to recover.

Judges:

Sargant J

Citations:

[1920] 2 Ch 420

Jurisdiction:

England and Wales

Cited by:

Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.

Wills and probate, Litigation Practice, Contract

Updated: 05 December 2022; Ref: scu.251048

Lidl Italia Srl v Comune di Arcole (VR) (Environment and Consumers): ECJ 23 Nov 2006

Europa Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Scope of the obligations under Articles 2, 3 and 12 – Compulsory statement of the alcoholic strength by volume for certain alcoholic beverages – Alcoholic beverage produced in a Member State other than that in which the distributor is established’ -‘Amaro alle erbe’ – Actual alcoholic strength by volume lower than that appearing on the label – Overstepping of the tolerance – Administrative fine – Liability of the distributor.

Citations:

C-315/05, [2006] EUECJ C-315/05

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 05 December 2022; Ref: scu.246398

Young, Regina (on the Application Of) v Secretary of State for the Environment, Food and Rural Affairs and Another: Admn 12 Apr 2002

The court considered the proposed diversion of a public footpath.
Held: ‘ the expression ‘substantially less convenient to the public’ is eminently capable of finding a satisfactory meaning by reference to consideration of such matters as the length, difficulty of walking and purpose of the path. Those are features which readily fall within the presumed contemplation of the draftsman of this section as falling within the natural and ordinary meaning of the word ‘convenient’.’
The inspector had conflated the concept of convenience with the concept of expediency as contained within the subsection.

Judges:

Turner J

Citations:

[2002] EWHC 844 (Admin)

Links:

Bailii

Statutes:

Highways Act 1980 119

Jurisdiction:

England and Wales

Judicial Review, Land

Updated: 05 December 2022; Ref: scu.251512

Crown Prosecution Service v Greenacre: Admn 3 Apr 2007

Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part of a confiscation order, and that adjournment with the effect of restarting any calculation of interest would amount to a remission.
Held: The case stated was denied, and the defendant’s appeal failed. The prosecutor’s argument was powerful. However sections 76 and 77 of the Act ‘may readily be deployed in the magistrates’ court for the purpose of enforcing a Crown Court confiscation order without in the least trammelling over the terms of that order itself, and it seems to me plain that that was the legislative intention. ‘

Citations:

[2007] EWHC 1193 (Admin), [2008] 1 WLR 438

Links:

Bailii

Statutes:

Magistrates Courts Act 1980 75(2) 76 77, Criminal Justice Act 1988 75(5)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hastings and Rother Justices ex parte David Graham Anscombe Admn 5-Feb-1998
. .
Cited – Revenue and Customs Prosecution Service v Kearney Admn 27-Feb-2007
The Revenue and Customs Prosecutions Office appealed by way of case stated from a decision of the Crown Court to extend by four months the time limit available to pay a confiscation order made under section 71 of the 1988 Act. The question was . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 05 December 2022; Ref: scu.253289

Suleman v Shahisavari: 1988

A solicitor signing a contract on behalf of his client should do so only with his client’s express authority. A failure in this duty would leave him liable for breach of warranty of authority. The authority should preferably be written either by a power of attorney or by an express authority.

Citations:

[1989] 3 All ER 460, [1988] 1 WLR 1181

Jurisdiction:

England and Wales

Contract, Legal Professions

Updated: 05 December 2022; Ref: scu.252478