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Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which to determine, in any but the clearest of cases, whether … Continue reading Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993

There was a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in subparagraph (b). That information was contained in a separate schedule. The court rejected the submission that … Continue reading Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993

Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding. Held: The appeals failed: ‘the timing of the execution … Continue reading Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998

Woolmington v Director of Public Prosecutions: HL 23 May 1935

Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime … Continue reading Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring … Continue reading Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

Singh v Moorlands Primary School and Another: CA 25 Jul 2013

The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

Alagaratnam v Regina: CACD 5 Jul 2010

The defendant appealed against his conviction for robbery. He said that the court should not have allowed a confession to be put before the jury. He said that the police officers had misrepresented the statement of a co-accused and had behaved in an overbearing and oppressive manner. Held: The appeal failed. The officer had not … Continue reading Alagaratnam v Regina: CACD 5 Jul 2010

Regina v Trutch, and Mary Trutch: CACD 25 Jul 2001

The defendants had been pursued in substantial commercial litigation. They were alleged to have perjured themselves in affidavits of means sworn and filed at court. Later they had entered into deeds with the other parties, and part of the consideration was an agreement by those other parties not to pursue them for perjury. The defendants … Continue reading Regina v Trutch, and Mary Trutch: CACD 25 Jul 2001

Regina v K: HL 25 Jul 2001

In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Marcel v Commissioner of Police of the Metropolis: CA 1992

A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case. Held: The court discharged the injunction granted at first instance and held that … Continue reading Marcel v Commissioner of Police of the Metropolis: CA 1992

Scott v Scott: HL 5 May 1913

Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913

Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007

Prosecutor’s appeal against dismissal of charge of using threatening or abusive words or behaviour. Officers stopping youths in street and searching for drugs. The defendant had challenged the admission of statements said to have been made at the scene by the defendants under Code C. After exclusion of the admissions, the prosecutor had offered no … Continue reading Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007

Tirnaveanu, Regina v: CACD 24 May 2007

The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir: CACD 26 May 2000

Where a defendant gave a sample of DNA during an investigation, but the sample was not destroyed on his acquittal, evidence obtained from a cross match relating to a different crime was not admissible. The statute requires the samples to be destroyed, and evidence based upon samples not so destroyed cannot be admitted. Judges: Swinton … Continue reading Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir: CACD 26 May 2000

Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

In a criminal investigation, the police came to suspect that a junior clerk in a barristers’ chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed legal professional privilege. Held: Where there is evidence of specific agreement to pervert the course … Continue reading Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another: Admn 15 Nov 2004

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Regina v Nolan: CACD 15 Feb 2002

The defendant was accused of murder. He had been identified by a witness who knew him, but the witness himself was murdered before the trial. The court allowed the prosecutor to read the deceased witness’ statement. Another witness for whom an ID parade had been held had only seen the defendant from the rear, but … Continue reading Regina v Nolan: CACD 15 Feb 2002

Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

Regina v Pearce: CACD 11 Dec 2001

The defendant appealed against his conviction for murder. He said that the court had not allowed his alcoholism as a characteristic for the purposes of testing the defence of provocation, and that the evidence of his long standing partner should be treated as equivalent to that of a wife, making her evidence admissible but not … Continue reading Regina v Pearce: CACD 11 Dec 2001

Regina v South Western Magistrates Court and Another, Ex Parte Cofie: QBD 15 Aug 1996

Where a building includes several premises, a search warrant must specify which premises were to be searched. Citations: Times 15-Aug-1996 Statutes: Police and Criminal Evidence Act 1984 15, 16, 23 Jurisdiction: England and Wales Crime Updated: 05 June 2022; Ref: scu.88675

Regina v Sargent: HL 25 Oct 2001

When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were not admissible. The phrase ‘engaged in’ could refer either to his status, or that the act was part … Continue reading Regina v Sargent: HL 25 Oct 2001

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

Regina v McGarry: CACD 16 Jul 1998

Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the silence. He had been wrong to leave it open to the jury to … Continue reading Regina v McGarry: CACD 16 Jul 1998

Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Regina v Shannon (Also Known As Alford): CACD 11 Oct 2000

The defendant had been enticed to commit a crime involving supply of controlled drugs by a journalist acting as an agent provocateur. Held: Entrapment is not a defence in UK law. It was open to the judge hearing the prosecution to exclude the evidence on the grounds that it was unfair, but there was no … Continue reading Regina v Shannon (Also Known As Alford): CACD 11 Oct 2000

Dudley Metropolitan Borough Council v Debenhams Plc: QBD 16 Aug 1994

A search by Trading Standards officers was subject to the PACE codes of Practice even though it may be described as a routine inspection. The officers had an obligation to specify the power under which they acted. Citations: Times 16-Aug-1994 Statutes: Police and Criminal Evidence Act 1984 Criminal Practice Updated: 19 May 2022; Ref: scu.80156

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

Castorina v Chief Constable of Surrey: CA 10 Jun 1988

Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) Did the arresting officer suspect that the person arrested was guilty of the offence? The … Continue reading Castorina v Chief Constable of Surrey: CA 10 Jun 1988

Regina v Longman: QBD 1988

Lord Lane CJ expressed reservations as to the construction of this provision: whether the consequence of a breach of section 15 or section 16 or both would render a search of premises under a warrant unlawful and he expressed the tentative view, based on the use of the singular ‘it’, that the unlawfulness referred to … Continue reading Regina v Longman: QBD 1988

Regina v Finch: CACD 15 Jan 2007

The defendant appealed his conviction for possession of a firearm, complaining that the statement of his co-accused had not been admitted. The judge saying that since the co-accused had admitted the offence he had no jurisdiction to admit the statement or to admit it as hearsay. Held: Having pleaded guilty, the co-accused was no longer … Continue reading Regina v Finch: CACD 15 Jan 2007

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017

The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from a pblic meeting before it began, and was accused of having kicked … Continue reading Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might be admitted. The prosecutor said there was no right of appeal. Held: (publication having been held back) Since the issues would have been heard in the absence of the … Continue reading Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French: CACD 13 Jun 2001

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

A Ltd and Othersi, Regina v: CACD 28 Jul 2016

The Serious Fraud Office appealed against rulings on the admission of evidence after its exclusion under section 78. Held: The appeal was allowed. The appeal had been brought within time and could proceed. Police and Criminal Evidence Act 1984. The judge confused or elided two quite separate concepts, namely (a) the ‘identification’ principle which is … Continue reading A Ltd and Othersi, Regina v: CACD 28 Jul 2016

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

In Re Findlay, in re Hogben: HL 1985

A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer … Continue reading Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Malone v The United Kingdom: ECHR 2 Aug 1984

COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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 of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014

HMRC had seized material in e course of executing a search warrant. The warrant was later removed, but the Crown Court authorised the continued retention of the materials, The question now was whether the material had been seized in the course a criminal cause or matter so as to govern the mode of appeal. Held: … Continue reading Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014

M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014

The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying … Continue reading M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014

Grant v The Queen: PC 16 Jan 2006

(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim 13 times with hollow point bullets. He claimed self defence, and drove straight to the police station … Continue reading Grant v The Queen: PC 16 Jan 2006

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that the Magistrates could not have been satisfied that there were reasonable grounds for … Continue reading Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

Attorney General’s Reference (No 3 of 1999) (Lynn): HL 15 Dec 2000

A DNA sample had been wrongfully retained after the suspect had been acquitted, and the sample had been used in a later investigation to identify him. A subsequent sample had been taken, and the result of that second test had been used as evidence at trial. The defendant objected, and claimed that it had been … Continue reading Attorney General’s Reference (No 3 of 1999) (Lynn): HL 15 Dec 2000

O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996

Second Hand Knowledge Supports Resaobnable Belief The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest. Held: A reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s … Continue reading O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Horncastle and Others, Regina v: SC 9 Dec 2009

Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the court must implement the ECHR decision in Al-Khawaja. Held: The … Continue reading Horncastle and Others, Regina v: SC 9 Dec 2009

Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal of damages for malicious prosecution, wrongful arrest and false imprisonment. Held: The appeal failed. The … Continue reading Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

Dhall v Regina: CACD 27 Sep 2013

The appellant said that his conviction for assisting breaches of immigration law in his work as an immigration adviser by creating false documentation to support clients’ applications for extensions of leave to stay was not itself an allegation of facilitating breaches of ‘immigration law’, but rather of more general criminal offences. Held: The appeal was … Continue reading Dhall v Regina: CACD 27 Sep 2013

A v West Yorkshire Police: HL 6 May 2004

The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004

Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012

The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance. Held: There was a clear breach of section 16(5). The officers had followed the guidance, … Continue reading Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

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

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

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

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

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

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

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

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

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

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

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

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

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

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

In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000

The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself. Held: When asking whether material circumstances in a case might give rise to a reasonable apprehension of bias, the test was whether objectively … Continue reading In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000

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

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

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

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

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

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

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

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