Results: 65

• R v W (M)

  02 Mar 2010 [2010] EWCA Crim 372; [2010] QB 787; [2010] 3 WLR 165; [2010] 1 Cr App R 421; [2010] WLR (D) 61, CA

  Subsequent citations: 3.
  CRIME — Common law offence — Misconduct in public office
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  Case index catchwords

  CRIME — Common law offence — Misconduct in public office — Police officer incurring personal expenditure on publicly funded credit card charged with misconduct in public office — Elements of offence — Whether dishonesty essential ingredient of offence

  2 Case(s) considered

• Secretary of State for the Home Department v GG

  23 Jul 2009 [2009] EWCA Civ 786; [2010] QB 585; [2010] 2 WLR 731; [2010] 1 All ER 721; [2009] WLR (D) 259, CA

  Subsequent citations: 17.
  TERRORISM — Control order — Obligations
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  Case index catchwords

  TERRORISM — Control order — Obligations — General statutory power allowing Home Secretary to include in control order any obligation necessary for prevention of criminal activity — Whether sufficient to allow abrogation of fundamental right to personal liberty — Whether power to abrogate right implied by specific provisions elsewhere in statute — Obligation in control order requiring controlee to submit to any personal search within home — Whether lawful — Prevention of Terrorism Act 2005, s 1(3)(4)

  5 Case(s) considered

  1 Statute considered

• Scopelight Ltd v Chief Constable of Northumbria Police Force

  07 May 2009 [2009] EWHC 958 (QB); [2009] 2 Cr App R 365, QBD

  05 Nov 2009 [2009] EWCA Civ 1156; [2010] QB 438; [2010] 2 WLR 1138; [2010] 2 All ER 431; [2010] 1 Cr App R 264; [2009] WLR (D) 317, CA

  Subsequent citations: 13.
  POLICE — Powers — Detention of evidence

  POLICE — Search, right of — Retention of seized property
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  Case index catchwords

  POLICE — Powers — Detention of evidence — Seizure of evidence — Police searching premises pursuant to search warrant — Property seized — Crown Prosecution Service deciding not to prosecute — Private company proposing to bring private prosecution — Whether police entitled to retain property lawfully seized where private prosecution being contemplated — Police and Criminal Evidence Act 1984, s 22(2)

  POLICE — Search, right of — Retention of seized property — Police investigating suspected offences seizing property during execution of warrant — Crown Prosecution Service subsequently deciding not to prosecute — Private commercial organisation wishing to bring private prosecution — Whether police entitled to retain seized property — Whether retention “necessary in all the circumstances” — Whether decision of Crown Prosecution Service determinative — Guidance as to relevant circumstances — Police and Criminal Evidence Act 1984, s 22(1)(2)(a)

  7 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd

  15 Jul 2009 [2009] EWHC 1717 (QB); [2010] QB 204; [2009] 3 WLR 1149; [2010] 2 All ER 311, QBD

  02 Jun 2010 [2010] EWCA Civ 609; [2011] QB 497; [2011] 2 WLR 91; [2010] 4 All ER 1029; [2010] WLR (D) 144, CA

  Subsequent citations: 34.
  DEFAMATION — Malicious falsehood — Single meaning rule
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  Case index catchwords

  DEFAMATION — Malicious falsehood — Single meaning rule — Claimant bringing action for malicious falsehood advancing alternative meanings for words complained of — Whether rule that words capable of bearing only one natural and ordinary meaning applying — Words reasonably capable of bearing allegedly false meaning and also meaning not alleged to be false — Whether court required to adopt meaning not alleged to be false

  DEFAMATION — Malicious falsehood — Single meaning rule — Claimant bringing action for malicious falsehood advancing alternative meanings for words complained of — Whether rule that words capable of bearing only one natural and ordinary meaning applying

  4 Case(s) considered

• Sienkiewicz v Greif (UK) Ltd (Willmore v Knowsley Metropolitan Borough Council)

  06 Nov 2009 [2009] EWCA Civ 1159; [2010] QB 370; [2010] 2 WLR 951; [2009] WLR (D) 321; The Times, 13 November 2009, CA (Lord Clarke of Stone-cum-Ebony JSC, Scott Baker, Smith LJJ)

  09 Mar 2011 [2011] UKSC 10; [2011] 2 AC 229; [2011] 2 WLR 523; [2011] ICR 391; [2011] 2 All ER 857; (2011) 119 BMLR 54; [2011] PIQR P11; [2011] WLR (D) 77; The Times, 10 March 2011; Case details, SC(E) (Lord Phillips of Worth Matravers PSC, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore, Lord Dyson JJSC)

  Subsequent citations: 71.
  NEGLIGENCE — Causation — Asbestos exposure
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  Case index catchwords

  NEGLIGENCE — Causation — Asbestos exposure — Deceased developing mesothelioma after tortious occupational and non-tortious environmental exposure to asbestos dust — Whether necessary to establish occupational exposure more than doubling risk of contracting disease — Whether sufficient to show occupational exposure material contribution to risk of developing disease — Appropriate test of causation — Compensation Act 2006, s 3

  7 Case(s) considered

  1 Statute considered

• Iqbal v Prison Officers Association

  04 Dec 2009 [2009] EWCA Civ 1312; [2010] QB 732; [2010] 2 WLR 1054; [2010] 2 All ER 663; [2009] WLR (D) 355, CA

  Subsequent citations: 6.
  FALSE IMPRISONMENT — Prisoner serving sentence — Confinement in cell
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  Case index catchwords

  FALSE IMPRISONMENT — Prisoner serving sentence — Confinement in cell — Normal daily prison routine established by governor permitting prisoner six hours out of cell — Unlawful one-day strike by prison officers on instruction of trade union resulting in prisoner's confinement in cell for whole day and disruption of daily routine — Whether trade union liable to prisoner for false imprisonment — Assessment of damages

  2 Case(s) considered

• EN (Serbia) v Secretary of State for the Home Department

  26 Jun 2009 [2009] EWCA Civ 630; [2010] QB 633; [2010] 3 WLR 182; [2009] WLR (D) 213, CA

  Subsequent citations: 41.
  IMMIGRATION — Asylum — Deportation
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  Case index catchwords

  IMMIGRATION — Asylum — Deportation — Home Secretary making deportation order — Sufficiency of protection available on return — Whether tribunal on appeal applying correct test — Human Rights Act 1998, Sch 1, Pt I, art 3

  IMMIGRATION — Asylum — Deportation — Statutory presumptions that person convicted of particularly serious crime and constituting danger to community where sentence exceeding two years’ imprisonment or offence specified by Home Secretary — Home Secretary making statutory instrument specifying certain offences irrespective of sentence imposed — First claimant sentenced to 12 months’ detention on conviction for specified offences — Second claimant sentenced to three years’ imprisonment for malicious wounding — Home Secretary making deportation orders — Whether statutory presumptions rebuttable — Whether statutory instrument ultra vires — Whether claimants committing “particularly serious crimes” rendering them “danger to the community” — Nationality, Immigration and Asylum Act 2002, s 72 (as amended by Asylum and Immigration (Treatment of Claimants, etc) Act 2004, ss 26(7), Sch 2, paras 16, 17, Immigration, Asylum and Nationality Act 2006, s 14, Sch 1, paras 1, 2 and UK Borders Act 2007, s 39) — Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 — Council Directive 2004/83/EC, art 14(4) — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 33(2)

  4 Case(s) considered

  2 Words & Phrases considered
• R (P) v Secretary of State for Justice

  06 Jul 2009 [2009] EWCA Civ 701; [2010] QB 317; [2010] 2 WLR 967; [2009] WLR (D) 234, CA

  Subsequent considerations : 1 negative; most recently considered: 2015. Subsequent citations: 17.
  HUMAN RIGHTS — Inhuman or degrading treatment — State's duty to investigate

  HUMAN RIGHTS — Right to life — State's duty to investigate life-threatening injury
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  Case index catchwords

  HUMAN RIGHTS — Inhuman or degrading treatment — State's duty to investigate — Prisoner at young offender institution repeatedly self-harming and seriously injuring himself — Prisoner transferred to hospital after more than 15 months in detention — Failure to transfer earlier based on medical advice — Whether arguable case of inhuman or degrading treatment — Whether Convention right giving rise to duty to investigate detention at young offender institution — Human Rights Act 1998, Sch 1, Pt I, art 3

  HUMAN RIGHTS — Right to life — State's duty to investigate life-threatening injury — Prisoner at young offender institution repeatedly self-harming and seriously injuring himself — Prisoner transferred to hospital after more than 15 months in detention — Evidence that continued self-harm could become life-threatening — Whether Convention right to life giving rise to procedural duty to investigate detention at young offender institution — Human Rights Act 1998, Sch 1, Pt I, art 2

  6 Case(s) considered

  1 Statute considered
• R (Electoral Commission) v City of Westminster Magistrates’ Court

  22 Jan 2009 [2009] EWHC 78 (Admin), QBD (Walker J )

  19 Oct 2009 [2009] EWCA Civ 1078; [2010] QB 298; [2010] 2 WLR 873; [2010] 1 All ER 1167; [2009] WLR (D) 299, CA (Waller, Goldring LJJ, Sir Paul Kennedy)

  29 Jul 2010 [2010] UKSC 40; [2011] 1 AC 496; [2010] 3 WLR 705; [2011] 1 All ER 1; [2010] WLR (D) 211; Case details, SC(E) (Lord Phillips of Worth Matravers PSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony JJSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 7.
  POLITICAL PARTY — Donation to registered political party — Forfeiture of impermissible donation
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  Case index catchwords

  POLITICAL PARTY — Donation to registered political party — Forfeiture of impermissible donation — Permissible donor “individual registered in an electoral register” — Individual making donations to registered political party when entitled to be but not registered in electoral register — Political party failing to check whether individual permissible donor and to return impermissible donations — Electoral Commission seeking forfeiture of all donations made by individual when donor not permissible — Magistrates' court ordering forfeiture only of impermissible donations made after political party aware donor not on electoral register — Whether magistrates' court entitled to refuse forfeiture of all impermissible donations — Proper approach to exercise of court's discretion to grant forfeiture — Political Parties, Elections and Referendums Act 2000, ss 54, 56(1)(2), 58(2)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v K (A)

  28 Jul 2009 [2009] EWCA Crim 1640; [2010] QB 343; [2010] 2 WLR 905; [2010] 2 All ER 509; [2009] STC 2553; [2010] 1 Cr App R 44; [2010] 1 FLR 807; [2009] WLR (D) 269, CA (Moore-Bick LJ, Holman J, Rafferty J)

  Subsequent citations: 7.
  CRIME — Evidence — Admissibility
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  Case index catchwords

  CRIME — Evidence — Admissibility — Defendant obliged in matrimonial ancillary relief proceedings to disclose information about income and assets — Information so disclosed tending to show tax evasion — Defendant charged with cheating public revenue — Whether defendant had been entitled in ancillary relief proceedings to invoke privilege against self-incrimination — Whether information disclosed under compulsion — Whether admissible against defendant in criminal proceedings — Whether admission of information in criminal proceedings infringing Convention right to fair trial — Whether statements made in course of “without prejudice” discussions admissible against defendant at criminal trial — Matrimonial Causes Act 1973, ss 23–25 (as substituted by Matrimonial and Family Proceedings Act 1984, s 3) — Police and Criminal Evidence Act 1984, s 78 — Human Rights Act 1998, Sch 1, Pt I, art 6 — Criminal Justice Act 2003, s 118 — Family Proceedings Rules 1991

  6 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered

  1 Statutory Instrument considered