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23 Jun 2011, 1:58 am
Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal [2011] UKSC 28; [2011] WLR (D) 203 “Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted. [read post]
19 May 2011, 2:50 am
Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21; [2011] WLR (D) 162 “The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve… [read post]
26 May 2011, 2:00 am
Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] [2011] UKSC 23; [2011] WLR (D) 175 “In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. [read post]
28 Aug 2007, 3:37 am
Judicial review not available Regina (F (Mongolia)) v Secretary of State for the Home Department Court of Appeal “Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge's decision. [read post]
13 May 2008, 1:46 am
Regina (A) v West Middlesex University Hospital NHS Trust Queen’s Bench Division “A failed asylum seeker could become ordinarily resident in the United Kingdom so as to be eligible for free treatment by the National Health Service. [read post]
24 May 2010, 2:13 am
Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132 “The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s… [read post]
4 Mar 2010, 2:26 am
Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59 “The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. [read post]
6 Oct 2008, 8:54 am
Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another Court of Appeal “The decision whether the care needs of a woman who required constant and expensive care should be met by the health service or by social services was one for the primary care trust acting on behalf of the Secretary of State for Health. [read post]
30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
15 Jun 2010, 2:04 am
Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145 “A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place. [read post]
7 Sep 2010, 2:21 am
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its… [read post]
26 Jun 2007, 2:09 am
Domestic prison duty postponed Regina (Governor of Wandsworth Prison) v. [read post]
31 Mar 2011, 2:55 am
Regina v Taylor (George Charles) [2011] EWCA Crim 728; [2011] WLR (D) 108 “Records kept on computer that affected or related to a company’s property or affairs were within the composite expression ‘book or paper affecting or relating to the company’s property or affairs’ within section 206(1)(c) of the Insolvency Act 1986. [read post]
3 Aug 2007, 2:17 am
Asylum Act provision is incompatible Regina (Nasseri) v. [read post]
31 Mar 2008, 1:07 am
Regina (Griffin) v Richmond Magistrates Court Queen’s Bench Divisional Court “A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial. [read post]
10 Apr 2008, 12:39 am
Regina (Gentle and Another) v Prime Minister and Others House of Lords “The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion. [read post]
17 Jun 2010, 2:14 am
Regina (Law Society) v Lord Chancellor [2010] EWHC 1406; [2010] WLR (D) 151 “When exercising the discretionary power to make provision for scales or rates of payments of any costs payable out of central funds to successful defendants in criminal trials pursuant to ss 16(6) and 20 of the Prosecution of Offences Act 1985, as amended, the Lord Chancellor had to base the rules on the principle of compensation taking into account prevailing market rates. [read post]
13 Aug 2007, 3:08 am
Ingredients of safety at work offence by officer Regina v P Ltd and Another “An offence was committed by an officer of a body corporate which broke health and safety laws through his behaviour if he either knew of the relevant facts giving rise to the offence, or if he did not know, should by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place. [read post]
4 Mar 2010, 2:28 am
Regina v Upper Bay Ltd [2010] WLR (D) 60 “The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
16 Apr 2008, 1:34 am
Regina (Smith) v Assistant Deputy Coroner for Oxfordshire [2006] EWHC 694 (Admin); [2008] WLR (D) 108 “The procedural obligations arising under art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms applied to an inquest on an United Kingdom soldier who had died of hyperthermia while on active service in Iraq. [read post]
