Case of the Duchy of Lancaster: 1561

Queen Elizabeth I wished to know whether a lease granted by Edward VI of some land within the Duchy while under the age of 21 (‘during his nonage’) was voidable.
Held: It was not voidable. The king’s natural body was inseparable from his body politic (a corporation sole), which was never under age. Seisin can only pass to the Crown as a matter of record. Furthermore, seisin could not therefore pass to the Crown either by livery of seisin or by the disseisin of a subject’s land by a Crown servant.

Citations:

(1561) 1 Plow 213

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts v Crown Estate Commissioners CA 20-Feb-2008
The commissioners sought to claim title to a foreshore by adverse possession. The claimant asserted that he had acquired title in his capacity of Lord Marcher of Magor which had owned the bed of the estuary since the Norman Conquest, and that the . .
Lists of cited by and citing cases may be incomplete.

Land, Constitutional

Updated: 04 December 2022; Ref: scu.264648

Parish v Judd: 1960

A lorry and a car it was towing stopped, obstructing the highway. The plaintiff crashed into them, and claimed that they constituted a nuisance. The vehicles had only just stopped, and the driver was checking that all was well with the car. The court was asked as to the alleged liability of the driver of the stationary car into which that carrying the plaintiff crashed, notwithstanding that the former vehicle was clearly visible 100 yards away.
Held: ‘the mere fact that an unlighted vehicle is found at night upon a road is not sufficient to constitute a nuisance’. Although the vehicle was so ‘found’, its driver might nevertheless be exculpated if, for example, it emerged that it was only momentarily stationary and that without fault on his part.

Judges:

Edmund Davies J

Citations:

[1960] 1 WLR 867

Jurisdiction:

England and Wales

Cited by:

Cited – Dymond v Pearce CA 13-Jan-1972
A motorcyclist crashed into the rear of a lorry stationary on the carriageway. The plaintff said that the parking of the lorry was a nuisance, and that if it had not been so parked, there would have been no accident.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.

Nuisance

Updated: 04 December 2022; Ref: scu.265960

Zaffino v Zaffino: 2006

The court considered the treatment of a child’s objections to being returned to a home country by an order under the Act.

Citations:

[2006] 1 FLR 410

Jurisdiction:

England and Wales

Cited by:

Confirmed – Vigreux v Michel and Another CA 18-May-2006
The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The . .
Cited – AF v M B-F FD 22-Feb-2008
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 04 December 2022; Ref: scu.265916

Sudeley v Attorney-General: HL 1897

The husband had died leaving part of his residuary estate to his widow. She then died before the estate was fully administered. Both died domiciled in England. The husband’s estate included mortgages of land in New Zealand and the House was asked whether, on the widow’s death, probate duty was payable on the value of her interest in these New Zealand mortgages. Her executors argued that since the mortgages were foreign assets probate duty was not payable on the widow’s share in them.
Held: Duty was payable.
Lord Herschell said: ‘the whole fallacy of the argument on behalf of the appellants rests on the assumption that [the widow], or they as her executors, were entitled to any part of these New Zealand mortgages as an asset – she in her own right, or they as executors of their testatrix. I do not think that they have any estate, right, or interest, legal or equitable, in these New Zealand mortgages so as to make them an asset of her estate. What she had a right to – what they as her executors had a right to – was one-fourth of the clear residue of [her deceased husband’s] estate – that is to say, what remains of his estate after satisfying debts and legacies; and a bequest to them of one fourth part of his residuary estate does not seem to me to vest in them or in her a fourth part of each asset of which that estate consists.’ The widow’s estate did not have a proprietary interest in the specific asset of her husband’s estate that the New Zealand mortgages constituted.
Lord Davey said: ‘What then, are the rights of the appellants? Their right, and the only right which they could enforce adversely, is to have the administration completed and the residuary estate ascertained and realised, either wholly or so far as may be necessary for the purpose, and to have one-fourth of the proceeds paid to them.’

Judges:

Lord Herschell, Lord Davey

Citations:

[1897] AC 11

Jurisdiction:

England and Wales

Cited by:

Cited – Commissioner of Stamp Duties (Queensland) v Livingston PC 7-Oct-1964
A testator had died domiciled in New South Wales and with real and personal property both in New South Wales and in Queensland. He left one-third of his real and personal estate to his widow absolutely. She then died intestate, also domiciled in New . .
Cited – Maye, Re (Northern Ireland) HL 6-Feb-2008
The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit . .
Cited – Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased) ChD 12-Nov-2008
The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He challenged the solicitors who wished to pay the . .
Cited – Dr Barnardo’s Homes National Incorporated Association v Commissioners for Special Purposes of the Income Tax Acts HL 14-Mar-1921
A testator had left his residuary estate to a charity. His estate included some investments. During the course of the administration of the estate, the executors received income from the investments on which tax had been deducted at source. The . .
Cited – Marshall (Inspector of Taxes) v Kerr HL 30-Jun-1994
A settlor by will was deemed to have had an interest as funds were passed to a Jersey Trust. The section merely made or allowed that a variation of a will would not be a taxable event in UK law. It had no other effects. A deed of family arrangement . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 04 December 2022; Ref: scu.264632

Tatham Homes Ltd, Regina (on the Application Of) v First Secretary of State and Another: Admn 16 Jun 2005

Application to quash an inspector’s decision dismissing the claimant’s appeal against the second defendant’s refusal of planning permission for the demolition of an existing building and its replacement with a block of six flats.

Judges:

Sullivan J

Citations:

[2005] EWHC 3538 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 04 December 2022; Ref: scu.263495

Markes v Coodes: 1997

Citations:

[1997] PNLQ 252

Statutes:

Limitation Act 1980 32

Jurisdiction:

England and Wales

Cited by:

Cited – Ezekiel v Lehrer ChD 21-Mar-2001
The claimant had given instructions to the defendant with regard to a charge. The defendant came to know that he had made an error, and when asked by the claimant, declined to answer, and referred the claimant to independent advice. The claimant now . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 04 December 2022; Ref: scu.263183

Ogle v Vane: 1868

Citations:

[1868] 3 QB 272, [1867] LR 2 QB 275

Jurisdiction:

England and Wales

Cited by:

Cited – Johnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 04 December 2022; Ref: scu.263207

Smeaton v Harrow Crown Court: Admn 9 Jul 2007

Renewed application for leave to bring judicial review of magistrates not to find special reasons for not imposing mandatory disqualification after conviction for driving with excess alcohol. Suggestion that drinks had been laced.

Judges:

Hughes LJ, Treacy J

Citations:

[2007] EWHC 3142 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Pugsley v Hunter 1973
The court discussed the basis of a submission that there existed special reasons for non-disqualification for driving whilst under the influence of drink when the driver’s drinks had been spiked. It was necessary for the applicant to show first, . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 04 December 2022; Ref: scu.263483

Amoako, Regina (on the Application of) v Director of Public Prosecutions: Admn 24 Feb 2006

The defendant gave notice to appeal but the respondent said it was out of time by one day. The defendant said that the decision itself had not been made until after normal business hours on the relevant day, and should therefore be treated as having been made on the following day which would validate the appeal.
Held: There was nothing to suggest the need for such an interpretation.

Judges:

Ouseley J

Citations:

[2006] EWHC 1572 (Admin), [2006] 4 All ER 230

Links:

Bailii

Statutes:

Extradition Act 2003 26

Jurisdiction:

England and Wales

Extradition

Updated: 04 December 2022; Ref: scu.263469

M, Regina (on the Application of) v Slough Borough Council: Admn 27 Apr 2004

The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the section.
Held: The claim succeeded. The fact that medication and regular medical attention were required was sufficient to show a need for care and attention. That need arose from a combination of destitution and illness and not solely from destitution.

Judges:

Collins J

Citations:

[2004] EWHC 1109 (Admin), [2004] LGR 657, [2004] BLGR 657

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Cited by:

At First Instance – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Appeal from – Slough Borough Council v M, Regina (on the Application Of) CA 25-May-2006
The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 04 December 2022; Ref: scu.263499

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions.

Judges:

Kenneth Parker QC J

Citations:

[2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076

Links:

Bailii

Statutes:

Private Security Industry Act 2001, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – Security Industry Authority v Stewart and Sansara Admn 17-Oct-2007
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor . .
Cited – Murungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Lists of cited by and citing cases may be incomplete.

Licensing, Employment, Human Rights

Updated: 04 December 2022; Ref: scu.263474

Rowe d. Bamford v Hayley: 1810

The benefit of a break clause passes automatically with the term of the lease creating it.

Citations:

(1810) 12 East 464

Jurisdiction:

England and Wales

Cited by:

Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263187

Chapman v Gatcombe: 1836

One separate hereditament cannot be appurtenant to another.

Citations:

[1836] 2 Bing N C 516

Jurisdiction:

England and Wales

Cited by:

Still Good Law – Public Trustee v Duchy of Lancaster CA 1927
The court was asked whether the conveyance of a farm out of which a tithe rentcharge issued carried with it, by reason of Section 63, the rentcharge itself.
Held: The farm and the tithe rentcharge were two separate hereditaments and express . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.263190

Kelsall and Others, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 13 Mar 2003

The claimants had had their fur farming business closed under the 2000 Act. They now challanged the order implementing compensation for the loss.

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 459 (Admin)

Links:

Bailii

Statutes:

Fur Farming (Compensation Scheme) (England) Order 2002, Fur Farming Prohibition Act 2000

Jurisdiction:

England and Wales

Administrative, Agriculture

Updated: 04 December 2022; Ref: scu.263503

Woods v Chaleff: 1999

Whether an amendment should be allowed to pleadings shortly before the trial.

Citations:

[1999] EWCA (Civ) 1522

Jurisdiction:

England and Wales

Cited by:

See Also – Woods v Chaleff and others SCCo 30-Apr-2002
. .
Cited – Iggleden v Fairview New Homes (Shooters Hill) Ltd TCC 1-Jun-2007
The claimants bought a newly built home from the defendants. Defects were alleged and admitted, but the defendants said the claimants had failed to mitigate their losses or accept offers to have work done. The claimants now sought leave to add . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 December 2022; Ref: scu.263202

Wathen v Sandys: 1811

The sheriff was not entitled to charge candidates at an election for the provision of constables at the polling booth because he was under a duty to procure the peace of the county.

Citations:

(1811) 2 Camp 640

Jurisdiction:

England and Wales

Cited by:

Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 04 December 2022; Ref: scu.262972

Revenue and Customs Prosecution Office, Regina (on the Application of) v Lloyds TSB Plc: Admn 2 Oct 2007

An assets freezing order had been made. The defendant had a substantial sum of money with the bank in a non-interest bearing account. The bank moved the assets to an interest bearing account but e prosecutor was not informed. An order finding the defendants in contempt of the order was sought.
Held: ‘The decision on the part of the bank to change that identification without the consent of the person seeking the order, or of the court, was to my mind in clearest breach, by both Mr R and the bank, of the terms of the order.’

Citations:

[2007] EWHC 2393 (Admin), [2008] Lloyd’s Rep FC 100

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Banking, Contempt of Court

Updated: 04 December 2022; Ref: scu.261645

Griffith v Pelton: CA 23 Jul 1957

Claim for declaration as to exercise of break clause in a lease.

Citations:

[1957] EWCA Civ 4, [1958] 1 Ch 205, [1957] 3 All ER 75, [1957] 3 WLR 522

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.262830

Osborne v Cole: 1999

A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he has acted fraudulently or in a manner so unreasonable and absurd that no reasonable trustee would have acted in that way’.

Judges:

Registrar Baister

Citations:

[1999] BPIR 251

Statutes:

Insolvency Act 1986 303

Jurisdiction:

England and Wales

Cited by:

Followed – Supperstone v Hurst (No 3) 2006
. .
Followed – Shepherd v Official Receiver CA 7-Jun-2007
renewed application for permission to appeal . .
Cited – Law Society of England and Wales and others v Shah and others ChD 30-Nov-2007
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 04 December 2022; Ref: scu.262983

Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair.
Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the circumstances of this case were ‘most exceptional’. The defendant had not established abuse of process here.

Judges:

Longmore LJ, Mitting J

Citations:

[2007] EWHC 2754 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Kakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
Cited – Wiejak v Olsztyn Circuit Court of Poland Admn 27-Jul-2007
. .
Cited – La Torre v Italy Admn 20-Jun-2007
Laws LJ considered the decision in Kakis and said: ‘All the circumstances must be considered in order to judge whether the unjust/oppressive test is met. Culpable delay on the part of the State may certainly colour that judgment and may sometimes be . .
Cited – Regina v Osman (No 4) 1992
Where a defendant’s own conduct was taken into account in considering any delay in extradition proceedings, the court should look also at delay by the prosecutor. In borderline cases, where the accused himself is not to blame, culpable delay by the . .
Cited – Ogonowski v District Court of Bialystok, Poland Admn 2007
. .
Cited – King’s Prosecutor, Brussels v Cando Armas and Another Admn 20-Aug-2004
The prisoner had argued that the alleged offence underlying the application for his extradition to Belgium had been committed in part in England, and was therefore not extradictable. The prosecutor appealed.
Held: Part I of the 2003 Act was . .
Cited – Lisowski v Regional Court of Bialystok (Poland) Admn 28-Nov-2006
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was . .
Cited – Lisowski v Regional Court of Bialystok (Poland) Admn 28-Nov-2006
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was . .
Cited – Mitoi v Government of Romania Admn 7-Jun-2006
Where a question arises, under section 20(3) or 85(3) of the Act, as to whether a person deliberately absented himself from his trial, that is a matter which the requesting state has to prove to a criminal standard. . .
Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .

Cited by:

Cited – Gomes v Trinidad and Tobago HL 29-Apr-2009
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights.
Held: The House had to consider its own . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 04 December 2022; Ref: scu.261497

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997.
Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention at hospital. (c) It was clear from Dr Gray’s report to the Belfast Crown Court that the appellant’s compulsory hospitalisation was justified. No other interpretation of the report, when read as a whole, was tenable. (d) The subsequent transfers were lawful in terms of the legislation which authorised them. The key statutory word was ‘corresponding’ and the statutory provisions dealing with fitness to plea in the different parts of the United Kingdom came within that definition. (e) The appellant’s detention at hospital throughout the period of detention has been lawfully authorised by relevant domestic legislation. (f) The 1998 Act did not operate retrospectively and events at the Belfast Crown Court in 1997 could not be challenged under article 6 of the Convention.

Citations:

[2007] EWHC 3024 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Mental Health (Scotland) Act 1984 81(1), Criminal Procedure (Insanity) Act 1964

Jurisdiction:

England and Wales

Cited by:

Appeal from – Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others CA 25-Jul-2008
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence.
Held: Parliament had a legitimate concern for the protection of the public, and . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Health

Updated: 04 December 2022; Ref: scu.262947

West London Commercial Bank v Kitson: 1883

Citations:

[1883] 12 QBD 157

Jurisdiction:

England and Wales

Cited by:

Cited – A and J Fabrications (Batley) Ltd v Grant Thornton and Others ChD 1998
The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to . .
Lists of cited by and citing cases may be incomplete.

Agency

Updated: 04 December 2022; Ref: scu.261595

O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was based on four grounds. First, the decision was one which entitled him to the protection of Article 5(4) of the European Convention on Human Rights. Second, the Board does not have the necessary independence which is required for any body carrying out functions under Article 5(4). Third, the Board failed, in breach of both its common law obligation of fairness, and its obligations pursuant to Article 5(4), to give the claimant an oral hearing. Fourth, the Secretary of State’s directions to the Parole Board as to the test to apply when coming to its decision are unlawful.

Citations:

[2007] EWHC 2591 (Admin), [2008] 1 WLR 979, [2008] ACD 16

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 04 December 2022; Ref: scu.261395

Supperstone v Hurst (No 3): 2006

Judges:

Warren J

Citations:

[2006] BPIR 1263

Jurisdiction:

England and Wales

Citing:

Followed – Osborne v Cole 1999
A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he . .

Cited by:

Cited – Law Society of England and Wales and others v Shah and others ChD 30-Nov-2007
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 04 December 2022; Ref: scu.262984

Bashir, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Nov 2007

B complained of the unreasonable length of time (32 months) for which had been detained pending deportation.
Held: Mitting J said: ‘What Toulson LJ did not address, because it was not necessary to address it on the facts, was whether or not a period of detention initially lawful could become unlawful by reason of it being unreasonably protracted.’ Of the 32 months only 23 came to be counted since the first 9 months were the result of an appeal and other matters for which the claimant was responsible, but ’23 months on any view must be at or near to the top of the period during which detention can lawfully occur.’

Judges:

Mitting J

Citations:

[2007] EWHC 3017 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .

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 . .
Cited – MH, Regina (on The Application of) v Secretary of State for The Home Department CA 14-Oct-2010
The claimant complained that his administrative detention for over 40 months had been unlawful. He now appealed against a finding that it had been lawful save for the final two months.
Held: The appeal failed. The period of time for which he . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 04 December 2022; Ref: scu.262944

L, Regina (on the Application of) v Nottinghamshire County Council: Admn 26 Sep 2007

A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel.
Held: As she had previously been looked after by the local authority for some time, this would be sufficient for her to become a relevant child under section 20. The classification or definition of what was being done by the council at the time, particularly where there was no assessment and the relevant matters were not in mind, could not possibly be determinative as to what had occurred. The child was a child in need, there had been a continuous duty to accommodate her under section 20, and she was therefore a former relevant child.

Judges:

Burton J

Citations:

[2007] EWHC 2364 (Admin)

Links:

Bailii

Statutes:

Children Act 1989 20

Jurisdiction:

England and Wales

Cited by:

Cited – M, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 04 December 2022; Ref: scu.260202

Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object.
Held: The claimant was entitled to relief. The priosn officer could not properly convict the claimant unless it was established beyond reasonable doubt that the object in his cell was ‘a sharpened stabbing implement formed from a bamboo incense holder’. There was no evidence of it having been sharpened, or that it might be used or intended for stabbing. Given the potential long term consequences for the claimant, it was not sufficient to leave matters as they stood.

Citations:

[2007] EWHC 2431 (Admin)

Links:

Bailii

Statutes:

Prison Rules 1999, European Convention on Human Rights 9

Jurisdiction:

England and Wales

Citing:

Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 04 December 2022; Ref: scu.261380

Shrewsbury and Atcham Borough Council v Secretary of State for Communities and Local Government: Admn 10 Oct 2007

Citations:

[2007] EWHC 2279 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 December 2022; Ref: scu.261381

Heald v O’Connor: 1971

A surety for a company’s obligations under a debenture promised: ‘if and whenever the company makes default in payment of any such principal money [to] pay the amount thereof on demand provided that the liability hereunder of the guarantor shall be as a primary obligor and not merely as a surety’.
Held: Fisher J said: ‘The obligation is to pay the principal moneys to become due under the debenture if and whenever the company makes default. The statement of claim refers to it as a guarantee and pleads the company’s default and the consequent liability of the guarantor. The only straw for the plaintiff to clutch is the phrase ‘as a primary obligor and not merely as a surety’ but that, in my judgment, is merely part of the common form of provision to avoid the consequences of giving time or indulgence to the principal debtor and cannot convert what is in reality a guarantee into an indemnity.’

Judges:

Fisher J

Citations:

[1971] 1 WLR 497

Jurisdiction:

England and Wales

Cited by:

Cited – General Produce Co v United Bank Ltd 1979
Lloyd J considered a term in a guarantee agreement as follows ‘if and whenever the company makes default in payment of any such principal money [to] pay the amount thereof on demand provided that the liability hereunder of the guarantor shall be as . .
Cited – Van Der Merwe and Another v IIG Capital Llc ChD 13-Nov-2007
The parties had entered into a debt factoring agreement, under which repayment was sought of some $30m, and the claimants were said to have guaranteed the loan by the factor to their company. The court was asked whether the guarantors had the same . .
Lists of cited by and citing cases may be incomplete.

Contract, Banking

Updated: 04 December 2022; Ref: scu.261295

Regina v Franklin: 1883

For unlawful act manslaughter, the unlawful act must itself be criminal.

Citations:

(1883) 15 Cox CC 163

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.260083

Regina v Gillard: 1988

The defendant was guilty of an offence of administering a poison where he sprayed it directly in the victim’s face.

Citations:

(1988) 87 Cr App R 189

Statutes:

Offences Against the Person Act 1861 23

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.260085

In Re Grove: 1888

Lopes LJ discussed how a court should determine a party’s intention: ‘in order to determine a person’s intention at a given time, you may regard not only conduct and acts before and at the time, but also conduct and acts after the time, assigning to such conduct and acts their relative and proper weight and cogency.’

Judges:

Lopes LJ

Citations:

(1888) 40 Ch D 216

Jurisdiction:

England and Wales

Cited by:

Cited – Gaines-Cooper v HM Revenue and Customs ChD 13-Nov-2007
The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 04 December 2022; Ref: scu.261300

Crown Estate Commissioners v Fairlie Yacht Slip Ltd: 1976

The defenders had laid down moorings on the seabed in Fairlie Bay. They argued that the right to lay moorings was a necessary incident of the public right of navigation. The pursuers maintained, however, that the right to anchor was restricted to temporary anchorage in the course of passage and that it did not extend to quasi-permanent anchorage between voyages.
Held: A right to lay up a vessel between voyages is a not necessary incident of a public right of navigation: ‘the public right of navigation is restricted in the manner for which the pursuers contend. In my opinion, the earliest point of time when navigation begins is when a vessel is being prepared for a voyage, and navigation ends when the ship is left, either unmanned or with a caretaker crew, at the end of a voyage. A ship moored between voyages is not being navigated.
The laying up of a vessel is, in my opinion, an incident of ownership; it cannot properly be regarded as a necessary incident of the right of navigation.’

Judges:

Lord Dunpark

Citations:

1976 SC 161

Jurisdiction:

Scotland

Cited by:

Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.260032

EH Lewis and Son Ltd v Morelli: 1948

Where somebody with no legal estate purports to grant a tenancy, he can only create a tenancy by estoppel which continues until the true land-owner asserts his interest. Such a tenancy can be created even if only by word of mouth.

Citations:

[1948] 2 All ER 1021

Jurisdiction:

England and Wales

Landlord and Tenant, Estoppel

Updated: 04 December 2022; Ref: scu.259704

Wiejak v Olsztyn Circuit Court of Poland: Admn 27 Jul 2007

Judges:

Sedley LJ

Citations:

[2007] EWHC 2123 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Krzyzowski v Circuit Court In Gliwice, Poland Admn 23-Nov-2007
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair.
Held: The judge was right to hold that his ruling of deliberate . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 04 December 2022; Ref: scu.259643

Moore v Foley: 1801

Prima facie, a lessor will be taken not to have intended to create a perpetually renewable lease, but the court will give effect to such if there is in the lease clear evidence of such an intention.

Citations:

[1801] 6 Ves 232

Jurisdiction:

England and Wales

Cited by:

Cited – Marjorie Burnett Ltd v Barclay ChD 12-Dec-1980
A lease was created of a shop, dwellings and out-buildings. By clause 6 the tenant had a right to renew the lease, with the new lease creating the same provision. The defendant claimed that as a perpetually renewable lease it took effect as a lease . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.259707

Pilecki v Circuit Court of Legnica, Poland: Admn 31 Jul 2007

Extradition was sought of the defendant to Poland. The defendant challenged the validity of the European Arrest Warrant, saying that it listed offences for which he was sentenced to less than four month’s imprisonment, and that sufficient particulars had not been given. The court had aggregated the sentences.
Held: The appeal was dismissed. The requirements of the 2003 Act had been satisfied. However the court certified a question for the House of Lords: ‘Does section 65(3)(c) of the Extradition Act 2003 require it to be shown that:
(a) a final sentence of imprisonment of four months or greater was imposed in respect of each offence, taken on its own, that is referred to in the European arrest warrant, or is it sufficient to show that:
(b) a sentence of four months or greater was imposed in respect of multiple offences, provided that such offences were the offences specified in the warrant and that the sentence arrived at by the court was an aggregated sentence reflecting the total criminality?’

Judges:

Leveson LJ and Stanley Burnton J

Citations:

[2007] EWHC 2080 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Jurisdiction:

England and Wales

Cited by:

Appeal from – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 04 December 2022; Ref: scu.259642

Samuel v Payne: 1780

A ploce constable can justify an arrest made on a charge preferred by another person, although no felony had in fact been committed.

Citations:

[1780] 1 Doug. 359

Jurisdiction:

England and Wales

Cited by:

Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 04 December 2022; Ref: scu.259580

Brooke and others v The Parole Board: Admn 7 Sep 2007

The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights.
Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under article 5.4 had been infringed. Several recent Acts had together moved away from the courts the effective power to decide sentences, and the release of a prisoner was now effectively in the hands of the parole board. These additional powers required a re-examination of the independece of the Board. Whilst nobody doubted the independence of mind of the Board, the right required the satisfaction of the common law test of procedural fairness by the absence of apparent bias. Responsibility for the Board had recently been transferred to the Ministry of Justice, whose departmental sponsorship of the Board combined with the lack of security of tenure of its members meant that there was now no longer a sufficient independence. There were now regular confidential meetings between the Board and the Department, and its electronic communications were integrated with the ministry.

Judges:

Hughes LJ, Treacy J

Citations:

[2007] EWHC 2277 (Admin), Times 18-Oct-2007

Links:

Bailii

Statutes:

European Convention on Human Rights 5.4, Criminal Justice Act 1991, Crime (Sentences) Act 1998, Criminal Jutice Act 2003, Criminal Justice Act 1967 59

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 04 December 2022; Ref: scu.260002

Gilboy, Regina (on the Application Of) v Liverpool City Council and Another: Admn 15 Oct 2007

The court was asked as to the compatibility of the 2004 Regulations with the 1988 and 1985 Acts.

Judges:

Stanley Burnton J

Citations:

[2007] EWHC 2335 (Admin)

Links:

Bailii

Statutes:

Demoted Tenancies (Review of Decisions) (England) Regulations 2004, Housing Act 1985, Housing Act 1988

Jurisdiction:

England and Wales

Housing

Updated: 04 December 2022; Ref: scu.259853

The Law Society, Regina (on the Application of) v Legal Services Commission and others: Admn 27 Jul 2007

The Law Society challenged the manner of introduction by the defendant of the proposed Unified Contract for the provision of legal aided services.

Judges:

Beatson J

Citations:

[2007] EWHC 1848 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Legal Aid

Updated: 04 December 2022; Ref: scu.259641

Hewitt v Court: 15 Mar 1983

Austlii (High Court of Australia) Lien – Equitable – Contract for provision of work, labour and materials – Progress payments – Whether lien obtained over unfinished object – Whether dependent upon right to specific enforcement of contract.
Contract – Character – Work, labour and materials or sale of goods.
Bankruptcy – Preference – Contract for prefabrication of house – Risk with builder until practical completion – Property not to pass until full payment of price – Progress payments – Builder placed in liquidation before completion – Prior agreement for purchaser to pay for work done after last progress payment and take unfinished house – Whether preference – Companies Act 1961 (W.A.), section 293 – Bankruptcy Act 1966 (Cth), s. 122.

Citations:

(1983) 149 CLR 639, [1983] HCA 7

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Chattey and Another v Farndale Holdings Inc and others CA 11-Oct-1996
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees.
Held: The one appeal . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Contract, Insolvency

Updated: 04 December 2022; Ref: scu.259719

Hogg v Campbell: 2 Apr 1993

The proposition that the dominant proprietors are the only persons interested in an easement cannot be taken too strictly. The right extends to the proprietors’ guests, visitors, employees and others who come there for the purposes to which the land is being put. But that use must be within the intended scope of the servitude and it must not impose an undue burden on the servient tenement.

Judges:

Lord Clyde

Citations:

1993 GWD 27-1712, Unreported, 2 April 1993

Jurisdiction:

Scotland

Cited by:

Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.260027

Lawer, Regina (on the Application of) v Restormel Borough Council: Admn 12 Oct 2007

The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a new tenancy, but would not rescind the surrender, and denied giving the advice. She sought judicial review of their refusal, and the authority appealed grant of an interim injunction.
Held: The evidence suggested that the council had given proper consideration of the issues raised by the claimant as required in Mohammed. The injunction granted without notice was granted wrongly.

Judges:

Munby J

Citations:

[2007] EWHC 2299 (Admin)

Links:

Bailii

Statutes:

Housing Act 2002 202(4)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Camden London Borough Council, Ex Parte Mohammed Admn 23-May-1997
A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining . .
Cited – Regina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .
Cited – Regina v London Borough of Newham ex parte Lumley Admn 28-Jan-2000
. .
Cited – Regina v Kensington and Chelsea Royal London Borough Council Ex parte Hammell CA 1989
Parker LJ said of the plaintiff’s application for a review of the decision on her homelessness application: ‘She is entitled to protection with regard to her public law right to have the necessary inquiries made and the decision properly made . . . .
Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Lists of cited by and citing cases may be incomplete.

Housing, Litigation Practice

Updated: 04 December 2022; Ref: scu.260008

Al-Tamimi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 15 May 2007

The applicant had been granted leave to remain in the UK, but now appealed refusal of his application for British citizenship on the basis of an alleged formaer connection with Iraqi intelligence.

Judges:

Langstaff J

Citations:

[2007] EWHC 1962 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 04 December 2022; Ref: scu.258791

Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007

Citations:

[2007] EWHC 1984 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of . .
See Also – Hilali v The National Court, Madrid and Another (No 5) Admn 26-May-2006
Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. . .
See Also – Hilali v Central Court of Criminal Proceedings Number 5 and Another Admn 16-Nov-2006
. .

Cited by:

See Also – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 04 December 2022; Ref: scu.258798

Southwark Law Centre, Regina (on the Application of) v Legal Services Commission: Admn 20 Jul 2007

In each case, the legal aid claimants had been refused legal aid on financial grounds. They were in dispute with their landlords, and were withholding rent. The respondents included the unpaid rent in their income, so disallowing the applications.
Held: The Commission was wrong. The wording was that they should deduct the ‘rent payable’ not just the rent paid. The wording had been chosen to achieve this effect.

Judges:

Collins J

Citations:

[2007] EWHC 1715 (Admin), Times 20-Aug-2007, [2007] 4 All ER 754, [2008] 1 WLR 1368

Links:

Bailii

Statutes:

Community Legal Service (Financial) Regulations 2000

Jurisdiction:

England and Wales

Legal Aid

Updated: 04 December 2022; Ref: scu.258159

Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them.
Held: The article 9 human rights of the claimants were engaged, and the proposed action would be a gross interference in those rights. It was therefore for the respondent to justify the action by showing a pressing social need. The decision had been reached without sufficient regard to the claimants’ religious freedoms, and would be quashed. The court noted however that a properly reached decision might be the same.

Judges:

Hickinbottom J

Citations:

[2007] EWHC 1736 (Admin)

Links:

Bailii

Statutes:

Animal Health Act 1981 32

Jurisdiction:

England and Wales

Citing:

Cited – X v Netherlands ECHR 1962
As a legitimate aim, a Government may rely upon ‘the protection of public . . health’, which includes the health of animals as well as of humans. . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible . .
Cited – Jewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Animals, Administrative, Human Rights

Updated: 04 December 2022; Ref: scu.258160

Wisconsin v Pelican Insurance Co: 1888

(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanours but to all suits in favour of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws and all judgments for such penalties’.

Citations:

(1888) 127 US 265

Jurisdiction:

United States

Cited by:

Applied – Huntington v Attrill HL 1893
In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a . .
Cited – Iran v The Barakat Galleries Ltd QBD 29-Mar-2007
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 04 December 2022; Ref: scu.258521