The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
Orse Attorney General’s Reference No 2 of 2001
The AG sought to appeal from the decision that an indictment against the seven defendants should be stayed on the ground that there had been a breach of Article 6(1). They were accused of . .
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 applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
A was an unmarried childless man over 45 complaining of a law which exempted unmarried childless women over 45 from paying contributions under the General Child Benefits Act. Apart from the exempted women, the entire adult population was subject to . .
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
The court emphasised that the press plays an essential role in a democratic society. The court trenchantly observed ‘It is incumbent on the press to impart information and ideas of public interest. Not only does the press have the task of imparting . .
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
The claimant owners of glass walled apartments complained that the erection of a new walkway by the defendant which gave members of the public views into the claimants’ living spaces was a nuisance and an infringement of their human rights to . .
The Court referred to Johnston v Ireland and said: ‘In the area of framing their divorce laws and implementing them in concrete cases, the Contracting Parties enjoy a wide margin of appreciation in determining the steps to be taken to ensure . .
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
The 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
The respondent board had refused to pay housing benefit on the basis that the claimant’s tenancy was not run on a commercial basis. She asserted that they had not given her a fair opportunity to be heard. New regulations had changed the treatment of . .
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Remedial Order under section 10 of the Human Rights Act 1998 following declaration of incompatibility in Reilly No. 2 [2016] EWCA Civ 413 and the effect of that Order on outstanding First-tier Tribunal decisions. . .
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
Warby J identified the three issues on which the claimant bore the burden of proof in relation to each defendant on a claim of harassment as: (1) Did the defendant engage in a course of conduct? (2) Did any such course of conduct amount to . .
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
The applicant was an ethnic Albanian, whose application for asylum had been rejected on the ground that he had passed through Germany. The Dublin Convention did not create rights enforceable by individuals, its purpose is to produce a system which . .
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient . .
References: [1983] 1 AC 410, [1982] 2 All ER 298, [1982] UKHL 3, [1982] 2 WLR 982 Links: Bailii Coram: Lord Wilberforce, Lord Bridge, Lord Scarman Ratio: The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at … Continue reading McLoughlin v OBrian: HL 6 May 1982
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″
Please note (June 2010: that these law-bytes will soon (but not very soon and slowly) be re-organised, and re-posted within the main swarb.co.uk law-blog. This will allow much more powerful crosslinking for users between the various pages. All the existing pages will be left in place, but only the replacements will be updated. Eventually all … Continue reading law-bytes
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index