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29 Aug 2007, 2:22 am
Policy restricted powers Regina (NA (Iraq)) v Secretary of State for Foreign and Commonwealth Affairs and Others Court of Appeal “Instructions to entry clearance officers that S-series passports were no longer acceptable as evidence of identity and nationality amounted to an unlawful restriction on their powers to decide in individual cases whether such a passport met requirements. [read post]
5 Aug 2008, 8:22 am
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another Court of Appeal “Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence. [read post]
30 Jul 2007, 1:58 am
Disparity reference to ECJ Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs Court of Appeal “The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference. [read post]
24 Jun 2010, 1:55 am by traceydennis
Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155 The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise. [read post]
20 Mar 2009, 3:01 am
Regina (AM and Others) v Secretary of State for the Home Department and Another Court of Appeal “Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom's obligation under article 3 of the [...] [read post]
21 Nov 2016, 6:38 am by snahmod
Pape and its ruling that, where state action is present, section 1983’s color of law requirement is thereby met. [read post]
13 Mar 2008, 2:06 am
Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81 “During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003. [read post]
19 Jul 2012, 4:54 am by tracey
Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957;  [2012] WLR (D)  210 “Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed… [read post]
16 Jul 2010, 2:37 am by traceydennis
Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182 “The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British… [read post]
24 Apr 2012, 4:58 pm by constitutional lawblogger
United States on the issue of the constitutionality of Arizona's notorious SB 1070, signed into law by Governor Jan Brewer two years ago. [read post]