R v Secretary of State for the Home Department, Ex parte Fire Brigades Union

Additional names

Fire Brigades Union, Ex parte

Subject Matter

CROWN — Prerogative — Statute, application to — Provisions enacting existing prerogative scheme for criminal injury compensation — Minister empowered by statute to appoint commencement date — Decision not to appoint such date but to introduce inconsistent scheme under prerogative — Whether abuse of prerogative power — Whether decision lawful

[1995] 2 AC 513; [1995] 2 WLR 464; [1995] 2 All ER 244, HL(E)

STATUTE — Commencement — Minister's powers — Provisions enacting existing prerogative scheme for criminal injury compensation — Provisions to come into force “on such day as Secretary of State may … appoint” — Secretary of State's decision not to appoint day for commencement — Whether Secretary of State under duty to make appointment — Criminal Justice Act 1988, s 171(1)

[1995] 2 AC 513; [1995] 2 WLR 464; [1995] 2 All ER 244, HL(E)

Appellate History

R v Secretary of State for the Home Department, Ex parte Fire Brigades Union [1994] PIQRP 320, DC

Decision of the Divisional Court of the Queen's Bench Division reversed

R v Secretary of State for the Home Department, Ex parte Fire Brigades Union [1995] 2 AC 513; [1995] 2 WLR 1; [1995] 1 All ER 888, CA

R v Secretary of State for the Home Department, Ex parte Fire Brigades Union [1995] 2 AC 513; [1995] 2 WLR 1; [1995] 1 All ER 888, CA

Decision of the Court of Appeal affirmed

R v Secretary of State for the Home Department, Ex parte Fire Brigades Union [1995] 2 AC 513; [1995] 2 WLR 464; [1995] 2 All ER 244, HL(E)

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