The claimants claimed infringement of the privacy of their wedding celebrations. They requested permission for service out of the jurisdiction to join Mr Ramey as defendant, saying he had been the one who had taken some of the photographs in New York at issue. Mr Ramey resisted saying that, being resident in California, there was … Continue reading Douglas, Zeta-Jones, Northern and Shell Plc v Hello! Limited, Hola SA, Junco, The Marquesa De Varela, Neneta Overseas Limited, Ramey: CA 12 Feb 2003
The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The claimants said that they were not bound by the defendants terms saying that they had not … Continue reading Online Catering Ltd v Acton and Another: CA 10 Feb 2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010
Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Each party contracted hire copiers to shops and offices. The claimant said that the defendant had interfered with their contracts by substituting their equipment. The defendants said that the claimants’ contracts were controlled by the 1974 Act, but that the claimant was not registered and could not enforce the agreements. Held: Section 15 regulated agreements … Continue reading TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd: HL 17 Jun 2009
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only the statutory sums. He now appealed against a finding that the entitlement to the … Continue reading Garratt v Mirror Group Newspapers Ltd: CA 13 Apr 2011
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
Defamation/privacy claims against doctors failed The claimant, seeking damages for alleged defamation, now asked for the case to be anonymised. Held: The conditions for anonymisation were not met. The anonymity would be retained temporarily until any time for appeal had passed. As to the defamation allegation (contained in an email: ‘in order to satisfy the … Continue reading ZC v Royal Free London NHS Foundation Trust: QBD 26 Jul 2019
No abuse of process in service error The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II. Held: H’s application was refused. W sent the papers to the … Continue reading Thum v Thum: FC 21 Oct 2016
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights. Held: The test for allowing proceedings was set at a low level, and even if section 139 does have any effect on the Applicant’s rights under Article 6 read together with … Continue reading TW v London Borough of Enfield and Another: QBD 8 May 2013
The court considered the valuation of shares in a notional purchase. The company’s articles of association contained a provision that the company might at any time, by extraordinary resolution, resolve that any shareholder, other than a director or a person holding more than 10 per cent of the shares of the company do transfer his … Continue reading Salvesen’s Trustees v Inland Revenue Commissioners: SCS 1930
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national negotiations, and claimed the benefit of increases negotiated after they had been transferred to the appellant. The employer … Continue reading Parkwood Leisure Ltd v Alemo-Herron and 23 Others: CA 29 Jan 2010
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual … Continue reading Susie Radin Ltd v GMB and others: CA 20 Feb 2004
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering into a plea bargain making the extradition an abuse of process. Held: The … Continue reading McKinnon v The United States of America and Anotherr: HL 30 Jul 2008
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The appellant had succeeded in his claim for sex discrimination arising from his orientation, but the EAT had reversed the decision. He now appealed against the EAT decision. Although he had revealed his sexuality in one post, he had chosen to delay this when moved to a different office, but it had nevertheless been revealed. … Continue reading Grant v HM Land Registry: CA 1 Jul 2011
The House considered the point of law: ‘If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 United Nations Convention Relating to the Status of Refugees?’ The … Continue reading Regina v Fregenet Asfaw: HL 21 May 2008
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
The defendant appealed his conviction for possession of a bladed article in a public place. It was a pocket knife which locked open, but its blade could be retracted on using the mechanism, and did not exceed three inches. Held: The Court looked at the parliamentary background to the section. It was clear that various … Continue reading Regina v Deegan: CACD 4 Feb 1998
The defendants appealed againts their convictions for rape and against sentence. The victims was the second defendant’s wide. Held: Applying Morgan, the first defendant’s belief that the victim was consenting was an answer to the charge. His belief was real if unreasonable. However the acquittal of the first defendant based upon a mistaken belief did … Continue reading Regina v Cogan and Another: CACD 9 Jun 1975
The appellant supported IT workers. Through his own company, he set up companies in which his company was a director, and which companies in turn employed the IT workers securing substantial savings in higher rate Corporation Tax. Held: The defendant’s appeal succeeded. Though the appellant was not himself a director in the companies, his company … Continue reading Holland v Revenue and Customs and Another: CA 2 Jul 2009
Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010
The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies registered in the UK) said that the Ukraine was the proper jurisdiction. Held: The court declined … Continue reading Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence required, and in particular failed to advise the applicants directly. Held: The local authority had … Continue reading Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences: Admn 2 Mar 2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals. Held: Since the 2007 it is not appropriate to recommend deportation of a ‘foreign criminal’ as defined in section 32. The Home Secretary is now under that … Continue reading Regina v Kluxen: CACD 14 May 2010
The claimant celebrity had obtained an injunction restraining the defendant newspaper from publishing details of his extra marital activities. The newspaper appealed, saying that the information had already been printed abroad, and had been widely distributed on the Internet and on social media. Held: The Court of Appeal set aside the interim injunction. The protected … Continue reading PJS v News Group Newspapers Ltd: CA 18 Apr 2016
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011
Members of the tribunal must not simply consider whether they personally think that the dismissal is fair and they must not substitute their decision as to what was the right course to adopt for that of the employer. Their proper function is to determine whether the decision to dismiss the employee fell within the band … Continue reading Iceland Frozen Foods Ltd v Jones: EAT 29 Jul 1982
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision. Held: The appeal was dismissed. Article 5(4) did not apply to the particular circumstances. Neuberger L formulated a broader principle that where a person is lawfully sentenced to … Continue reading Whiston, Regina (on The Application of): SC 2 Jul 2014
Fair Comment Crticism of Newspaper Publisher The plaintiff alleged that the headline to an article written by the defendant which criticised the behaviour of the Beaverbrook Press, and which read ‘Lower than Kemsley’ was defamatory. The defendant pleaded fair comment. The plaintiff appealed. An application on the RSC Order 19 rule 27 and RSC order … Continue reading Kemsley v Foot: HL 25 Feb 1952
The father appealed against refusal of an order requiring the mother of his children to return them to this country from Bangladesh. Held: The appeal failed. There is no longer any rule that where two parents had parental responsibility for a child, neither could unilaterally change the child’s habitual residence. The proper approach was a … Continue reading In Re H (Children) (Custody Rights: Jurisdiction): CA 29 Jul 2014
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
The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing. Held: The authority’s appeal succeeded. ‘When any family court decides with whom the children of separated parents are to live, the welfare of those children must be its paramount consideration: the Children Act 1989, section 1(1). … Continue reading Holmes-Moorhouse v Richmond Upon Thames: HL 4 Feb 2009
Survivor of unmarried partner entitled to pension The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not done this. Held: Her … Continue reading Brewster, Re Application for Judicial Review (Northern Ireland): SC 8 Feb 2017
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012
The defendant had been acquitted of having a bladed article in a public pace, and now appealed against the making of a restraining order against him under the 1977 Act. Held: The appeal succeeded: ‘the requirements of the making of a restraining order under section 5A were not made out in this case. The test … Continue reading Jose, Regina v: CACD 23 May 2013
Appeal against a decision that the first defendant in a chancery action was guilty of two contempts of court by reason of untruthful statements in his affidavit. He complained of procedural irregularities affecting the fairness. Held: ‘the judge’s decision cannot stand for three reasons: i) Mr Thorogood was not informed at any time before judgment … Continue reading Inplayer Ltd and Another v Thorogood: CA 25 Nov 2014
The husband had been convicted of various criminal offences including under the 1994 Act. The wife appealed against her conviction for unauthorised use of a trade mark, having allowed counterfeit goods to be stored in the matrimonial home. Held: The appeal succeeded. The authorities referred to by the crown were attempts to draw parallels with … Continue reading Kousar, Regina v: CACD 21 Jan 2009
The court considered the need to establish mens rea where it was dealing with something which was one of a class of acts which ‘are not criminal in any real sense, but are acts which in the public interest are prohibited under a penalty’, and ‘There is a presumption that mens rea, an evil intention, … Continue reading Sherras v De Rutzen: QBD 2 May 1895
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was responsible to provide care for him. Held: The appeal succeeded. Hillingdon had a … Continue reading Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another: CA 10 Feb 2009
Deprivation of Citizenship Principles on Appeal Following KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483, Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884, Hysaj (deprivation of citizenship: delay) [2020] UKUT 128 (IAC), R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 and … Continue reading Ciceri (Deprivation of Citizenship Appeals: Principles) Albania: UTIAC 8 Sep 2021
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of Parliamentary privilege. Held: A Defendant may not use libel proceedings to impugn … Continue reading Prebble v Television New Zealand Ltd: PC 27 Jun 1994
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to materials published on their website which was hosted in the USA. It included materials calculated to create hatred of Jewish … Continue reading Sheppard and Another, Regina v: CACD 29 Jan 2010
The claimant sought to strike out defences of justification and fair comment saying that the pleadings were unsustainable for lack of clarity. Held: The pleadings did contain obfuscation, and ‘if there is a viable defence of justification or fair comment in relation to these very important and serious allegations, then it is in everyone’s interests … Continue reading Lord Ashcroft KCMG v Foley and Others: QBD 18 Feb 2011
Judging Copying in Industrial Drawings The plaintiff alleged breach of copyright by the defendants in copying drawings of plastic drawers. Held: The use, by an alleged copyist of odd or unusual detail found in the original is often a tell-tale of copying.Lord Wilberforce said that the beginning of the necessary proof of copying normally lies … Continue reading LB (Plastics) Ltd v Swish Products Ltd: 1979
The defendant sought leave to appeal against his sentence. The Attorney-General had already referred the sentence to the Court of Appeal which had increased the term applicable. He now sought to bring in fresh medical evidence suggesting that he should instead be subject to a hospital order. Held: The defendant had a right to appeal, … Continue reading Hughes v Regina: CACD 14 May 2009
The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 2010
Anonymity not to be by secret trial The newspaper appealed against an order for the defendant soldiers’ trial to be held in camera. Held: Section 94(2) could not be used to provide anonymity. The court relied on its common law powers under which: ‘for us to be entitled to make any order for anonymity for … Continue reading Times Newspapers Ltd and others v Regina and others: CMAC 24 Oct 2008
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 succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
Origin of Patents Rights in the Crown Darcy challenged the grant of an exclusive right to produce cards to the defendant. Held: The grant of exclusive rights to produce any article was improper. However, where someone creates through his own actions and bring into trade a new and previously unknown engine, it is within the … Continue reading The Case of Monopolies; Darcy v Allein: 1572
The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages in trust, but in a form which created an unnecessary liability to Inheritance Tax on his death. The wife’s mental health act receiver now sought the unravelling of the trust based on either Hastings Bass or … Continue reading Pitt and Another v Holt and Others: ChD 18 Jan 2010
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
Anonymity Not Necessary under CPR 3.92. Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her name would have adverse psychological factors. … Continue reading Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request): Admn 26 Mar 2021
The appellant and defendant said that the agreement compromising their action, and embodied within a Tomlin schedule, had been reached by duress and was vitiated. He said that the Recorder had exercised undue influence in advising the need for a settlement by compromise, and had ventured into discussing the terms of what had been without … Continue reading Watson v Sadiq and Another: CA 16 Jul 2013
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him … Continue reading G, Regina (on The Application of) v X School: SC 29 Jun 2011
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
The local authority had intervened on suspecting physical abuse. L was placed with the maternal grandmother who took L to Ireland before care proceedings were commenced. The Irish court found him to have been wrongfully removed, and orders were made for his return. The child was again hidden, but then found and returned to England. … Continue reading In re L (A Child: Media Reporting): FD 18 Apr 2011
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their parents were Hungarian and the children were nationals of Hungary, not … Continue reading In Re N (Children): SC 13 Apr 2016
TLC Provision of adoption services by a charity – discrimination against homosexuals and same sex couples who are potential adoptive parents – whether objectively justified under section 193 of the Equality Act 2010 – analogy with approach under Article 14 of the European Convention on Human Rights – whether permission should be granted for amendment … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales: UTTC 2 Nov 2012
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005
The defendants appealed against the imposition on them of serious crime prevention orders under section 19 of the 2007 Act. Held: The appeals failed. To make the order, the court must satisfy itself that it had reasonable grounds to believe that the order would provide public protection by preventing, restricting or disruption the involvement of … Continue reading Regina v Hancox and Another: CACD 4 Feb 2010
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on documents he had not seen. He said that a special advocate should have been … Continue reading Malik v Manchester Crown Court and others; Re A: Admn 19 Jun 2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008
Toleration of Diverse Parenting Standards Hedley J considered the meaning of ‘significant harm’: ‘What about the court’s approach . . to the issue of significant harm? In order to understand this concept and the range of harm that it’s intended to encompass, it is right to begin with issues of policy. Basically it is the … Continue reading Re L (Care: Threshold Criteria): FD 2007
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to take disciplinary proceedings without allowing him legal representation. The school now appealed … Continue reading G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010
Ban on Gay Condemnation was Infringement The church claimant was prohibited by the ASA from publishing a one page advert in a national newspaper condemning homosexuality. As well as stating that ‘the act of sodomy is a grave offence’ and ‘an abomination’, the banned advert had encouraged people to peacefully protest at a forthcoming ‘Gay … Continue reading Kirk Session of Sandown Free Presbyterian Church, Re Judicial Review: QBNI 22 Mar 2011
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
The court considered the duties on police constables to protect property.
Held: Pickford LJ said: ‘[The defendants] are the police authority and have to make proper police arrangements to maintain the peace. If one party to a dispute is . .
The court was asked whether a screwdriver fell within the prohibition of section 139(2). It was apparently an ordinary screwdriver with no sharp point, but it had what the trial judge had described as ‘blades positioned on each side of the driving . .
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
The court was asked to decide (i) whether the package of care provided to BS was in his best interests; (ii) whether that package amounted to a deprivation of liberty within the terms of Article 5 of the European Convention on Human Rights 1950; and . .
Appeal by the Authority against a decision by the Upper Tribunal (Tax and Chancery Chamber) deciding, as a preliminary issue determined in accordance with Rule 5(3)(e) of the Tribunal Procedure (Upper Tribunal) Rules 2008, that the respondent to . .
By articles of agreement between the Lords Commissioners of the Admiralty, on behalf of the crown, and C., in consideration of the payments therein stipulated, C. covenanted that he would during the continuance of the contract convey to the . .
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
1. When a court or tribunal is considering whether the revocation of P’s protection status breaches the UK’s obligations in relation to persons eligible for a grant of Humanitarian Protection, the first question is whether P is eligible for a grant . .
A fifteen year old girl absented herself from school when she went to live with a boyfriend at an address which was not known to her mother. The justices acquitted the mother for failing to secure her attendance at school on the basis of ‘any . .
(Jamaica) Where a defendant claimed that his constitutional right to a trial within a reasonable time had been infringed, it was correct for the appellate courts to take account of the fact that it remained clear that the defendant was guilty of a . .
The claimant appealed from refusal of payment of Bereavement Benefit and Widowed Parent’s Allowance on the grounds that she had neither married nor been civil partner of her deceased partner. She applied for judicial review of that decision on the . .
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with . .
Viscount Simon said (Lord Porter agreeing) that a design which is a shape in which all the features are dictated solely by the function which is to be performed by the article to which the shape is applied and where the shape possesses no features . .
Novelty was claimed in shape or configuration of the brassiere the subject of the registration. Held; Under the law of registered designs, the designer had to state in what respect he claimed novelty – was it shape, configuration pattern or . .
The court considered the propriety of a payment made by a charitable company to a director for her loss of office. The charity was to transfer a substantial sum to a new charity headed by the departing director.
Held: The court approved the . .
The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders
Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The taxpayers registration under the Construction Industry Scheme had been withdrawn. The Court was now asked whether HMRC are obliged, or at least entitled, to take into account the impact on the taxpayer’s business of the cancellation of its . .
Appeal from sentence of offence of having an article with a blade or point, contrary to section 139 of the Criminal Justice Act 1988. . .
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
