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21 Oct 2011, 1:48 am by sally
Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another [2011] EWCA Civ 1168; [2011] WLR (D) 298 “Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. [read post]
11 May 2010, 2:38 am by traceydennis
Regina (Public and Commercial Services Union) v Minister for the Civil Service [2010] EWHC 1027 (Admin); [2010] WLR (D) 117 “S 2(3) of the Superannuation Act 1972 as amended conferred protection in relation to all entitlements in the principal civil service pension scheme (‘PCSPS’) and the civil service compensation scheme (‘CSCS’) referable to length of service and contributions paid, whether they constituted legal entitlements in the full sense or… [read post]
4 Jan 2011, 2:15 am by sally
Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346 “The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive obligations… [read post]
8 Oct 2008, 8:32 am
Regina v B and Others Court of Appeal “Where one of several defendants in the same criminal proceedings became mentally unfit to stand trial before a jury had been empanelled, there was nothing in principle to prevent the jury subsequently hearing the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking only to whether he had committed the actus reus of the relevant offence. [read post]
11 Mar 2008, 2:24 am
Regina v Y (Hearsay evidence) Court of Appeal (Criminal Division) “Some rulings by trial judges could properly be described both as relating to counts on the indictment as well as being evidentiary. [read post]
28 Apr 2010, 1:48 am by sally
Regina v Upper Bay Ltd Court of Appeal (Criminal Division) “A parent’s duty to supervise his child and an employer’s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
27 Oct 2008, 10:53 am
Regina (RJM) v Secretary of State for Work and Pensions House of Lords “The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds. [read post]
6 Feb 2009, 2:25 am
Regina (TF) v Secretary of State for Justice Court of Appeal “A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it. [read post]
20 May 2008, 1:43 am
Regina (Nasseri) v Secretary of State for the Home Department Court of Appeal “A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope. [read post]
9 Apr 2008, 1:25 am
Regina (Tabernacle) v Secretary of State for Defence Queen’s Bench Divisional Court “A ban on innocuous activities on publicly accessible land owned by the Ministry of Defence was unlawful. [read post]
7 Dec 2010, 2:19 am by sally
Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215 “The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational. [read post]
25 Feb 2009, 1:58 am
Regina (Boggis and Another) v Natural England Queen’s Bench Division “Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out. [read post]
14 Jan 2009, 1:34 am
Regina (Shields) v Secretary of State for Justice Queen’s Bench Divisional Court “The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. [read post]
4 Jun 2010, 1:56 am by sally
Regina (Boahen) v Secretary of State for the Home Office [2010] EWCA Civ 585; [2010] WLR (D) 143 “An immigration officer at the port of entry had discretionary power to cancel a visa granted overseas on the ground that the purpose of the visit was not same as stated in the visa granted and to refuse leave to enter the UK. [read post]
12 May 2009, 2:04 am
Regina (M) v East Sussex County Council Queen’s Bench Division “The failure by a local authority to amend a child's statement of special educational needs during the year of his transfer between phases of schooling, and to name and specify the type of school was a breach of its statutory obligation. [read post]
10 May 2012, 2:28 am by sally
Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141 “A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.” WLR Daily, 8th May 2012 Source: www.iclr.co.uk [read post]
23 Jun 2009, 2:04 am
Regina (Miller and another) v Independent Assessor [2009] EWCA Civ 609; [2009] WLR (D) 206 “In assessing the compensation payable to a victim of miscarriage of justice who in consequence had served a term of imprisonment, the independent assessor should apply principles of other civil awards in respect of similar wrongs in order to achieve legal [...] [read post]