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On 18 February 2016, the Supreme Court handed down its much awaited judgment in the appeal of R v Jogee [2013] EWCA Crim 1433, which was consolidated with the Privy Council appeal of Ruddock v The Queen JCPC 2015/0020. [read post]
4 Feb 2019, 7:51 am by Heather Donkers
Heather’s Legal Summaries: R v Calnen, 2019 SCC 6Yesterday, the Supreme Court of Canada released its decision in R v Calnen, 2019 SCC 6. [read post]
20 Feb 2009, 2:41 am
R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63 “The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview [...] [read post]
19 Oct 2009, 2:28 am
R (E) v Governing Body of JFS and others (No 2) [2009] UKSC 1; [2009] WLR (D) 298 “As a general principle, if the Legal Services Commission funded a litigant who was successful in his cause, that decision should ordinarily amount to close to an assurance that the Commission would continue to support him in any [...] [read post]
3 Feb 2011, 9:52 am
In R (S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, the House of Lords held that the retention [...] [read post]
8 Jul 2009, 3:41 am
R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234 “Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young [...] [read post]
11 Dec 2008, 9:53 am
R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380 “A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in [...] [read post]
14 Apr 2009, 2:49 am
R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138 “As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person [...] [read post]
25 Jan 2011, 10:28 pm
In a somewhat unusual case, in R (Morge) v Hampshire County Council (heard on 19 January 2011) the Supreme Court heard an appeal concerning a judicial review of a local planning authority’s decision to grant planning permission for a busway development. [read post]
19 Dec 2008, 10:31 am
R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398 “The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to [...] [read post]
4 Dec 2008, 10:29 am
R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375 “The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the [...] [read post]
10 Jul 2009, 2:07 am
R v G(G) and Another Court of Appeal “Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive. [read post]
2 Jul 2009, 2:00 am
R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219 “An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights [...] [read post]
17 Jun 2009, 2:21 am
R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185 “Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and [...] [read post]
4 Sep 2008, 8:28 am
R v RL and JF [2008] EWCA Crim 1970; [2008] WLR (D) 299 “A prosecution for the strict liability offence of causing polluting matter to enter controlled waters could be brought against either a club, as an unincorporated association, in its own name or against individual members. [read post]
17 Jun 2009, 2:33 am
R v Clarke (Joseph) [2009] EWCA Crim 1074; [2009] WLR (D) 188 “The Crown Court had no power to impose a confiscation order against a defendant following conviction of an offence for which he or she had been sentenced by way of an absolute or conditional discharge. [read post]