Results: 99

• R v Secretary of State for the Home Department, Ex parte Lapinid (Lapinid, Ex parte)

  06 Jul 1984 [1984] 1 WLR 1269; [1984] 3 All ER 257, CA

  21 Feb 1985 (pet dis) [1985] 1 WLR 393, HL(E)

  Subsequent citations: 82.
  IMMIGRATION — Illegal entrant — False statement
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  Case index catchwords

  IMMIGRATION — Illegal entrant — False statement — Leave obtained by deceit — Immigration officer giving directions for removal of illegal entrant — Whether directions valid — Immigration Act 1971, Sch 2, para 9

  1 Case considered
• R v Spencer (R v Smails)

  02 Nov 1984 [1985] QB 771; [1985] 2 WLR 197; [1985] 1 All ER 673; 80 Cr App R 264, CA

  24 Jul 1986 [1987] AC 128; [1986] 3 WLR 348; [1986] 3 All ER 928; 83 Cr App R 277, HL(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 17.
  CRIME — Evidence — Corroboration

  CRIME — Jury — Irregularity

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction
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  Case index catchwords

  CRIME — Evidence — Corroboration — Patients detained in secure hospital — Complaints against nurses of ill-treatment — Warning of danger of convicting on patient's uncorroborated evidence — Whether essential

  CRIME — Jury — Irregularity — Biased juror discharged from jury — Members of jury directed not to discuss case with discharged juror — Three members disregarding direction — Whether irregularity affecting trial

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction — Doctrine of stare decisis — Application of doctrine to Criminal Division — Whether Criminal Division bound to follow earlier decision

  14 Case(s) considered
• Kleinwort Benson Ltd v Barbrak Ltd (The Myrto No 3) (Kleinwort Benson Ltd v T Choithram & Sons (London) Ltd, Kleinwort Benson Ltd v Chemical Importation and Distribution State Enterprises, Kleinwort Benson Ltd v Shell Markets (M E) Ltd)

  16 Jul 1985 [1985] 2 Lloyd's Rep 567, QBD (Sheen J)

  08 Apr 1987 [1987] AC 597; [1987] 2 WLR 1053; [1987] 2 All ER 289; [1987] 2 Lloyd's Rep 1; (1987) 131 SJ 594; (1987) 137 NLJ 388, HL(E) (Lord Keith of Kinkel Lord Brandon of Oakbrook Lord Brightman, Lord Templeman and Lord Oliver of Aylmerton)

  Subsequent considerations : 7 positive; 1 neutral; 1 negative. Subsequent citations: 25.
  PRACTICE — Writ — Extension of time
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  Case index catchwords

  PRACTICE — Writ — Extension of time — Costs of discharging cargo — Dispute as to whether cargo owners liable — Mortgagee bank issuing writ against 164 cargo owners — Writ not served pending resolution of dispute — Bank's intention of saving legal costs — Application for extension of validity of writ — Second application made after limitation period expired — Whether application to extend validity of writ to be granted — RSC, Ord 6, r 8(2)

  3 Case(s) considered

  1 Statutory Instrument considered

• Hua Chiao Commercial Bank Ltd v Chiaphua Industries Ltd

  25 Nov 1986 [1987] AC 99; [1987] 2 WLR 179; [1987] 1 All ER 1110, PC

  Subsequent citations: 3.
  LAND — Hong kong — Land

  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment
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  Case index catchwords

  LAND — Hong kong — Land — Lease — Deposit paid by tenant as security for performance of covenants — Landlord's assignment of lease — Whether assignee liable to repay deposit to tenant

  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment — Deposit payable by tenant at commencement of lease to secure performance of tenant's covenants — Landlord to return deposit to tenant at expiration of term without breach of covenant by tenant — Whether obligation to return deposit passing to assignee of reversion

  4 Case(s) considered

• Frankland v The Queen (Moore v The Queen)

  03 Mar 1987 [1987] AC 576; [1987] 2 WLR 1251; 86 Cr App R 116, PC

  Subsequent citations: 2.
  CRIME — Isle of man — Crime
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  Case index catchwords

  CRIME — Isle of man — Crime — Homicide — Murder — Mental element — Juries directed in accordance with objective test of intent on charge of murder — Whether misdirection — Criminal Code Act 1872, s 18 — Criminal Code (Amendment) Act 1921, s 12(1) (as amended by Criminal Appeal Act 1969, s 8(c)) — Evidence Act' 1983, s 6

  4 Case(s) considered

  3 Overseas Enactments considered
• Curran v Northern Ireland Co-ownership Housing Association Ltd

  08 Apr 1987 [1987] AC 718; [1987] 2 WLR 1043; [1987] 2 All ER 13, HL(NI)

  Subsequent considerations : 1 neutral. Subsequent citations: 25.
  NEGLIGENCE — Duty of care to whom? — Local authority
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — Local authority — Statutory housing authority's payment of improvement grant — Defective work carried out — Whether authority owing duty of care to subsequent occupiers not to make payment in respect of defective work — Housing (Northern Ireland) Order 1976, arts 47(2)(3), 60(5)

  1 Case considered

  1 Overseas Enactment considered
• R v Howe (R v Clarkson)

  [1982] RTR 45, CA

  27 Jan 1986 [1986] QB 626; [1986] 2 WLR 294; [1986] 1 All ER 833; 83 Cr App R 28, CA

  19 Feb 1987 [1987] AC 417; [1987] 2 WLR 568; [1987] 1 All ER 771; 85 Cr App R 32, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 30.
  CRIME — Duress — Homicide

  CRIME — Duress — Test to be applied

  CRIME — Homicide — Procuring or inciting murder

  ROAD TRAFFIC — Licence — Driving licence
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  Case index catchwords

  CRIME — Duress — Homicide — Charge of murder against actual killer — Person aiding and abetting murderer not actually killing victim — Whether duress available as defence — Whether conviction of person exercising duress limited to manslaughter if person under duress convicted of manslaughter not murder — Whether test of reasonable man applicable in duress

  CRIME — Duress — Test to be applied — Defence of duress not available for murder — Where defence of duress applicable, test to be objective for person with defendant's characteristics

  CRIME — Homicide — Procuring or inciting murder — Person procured alleging duress and accidental killing — Both person procured and procuror convicted of murder — Whether, if person procured only guilty of manslaughter, procuror still guilty of murder

  ROAD TRAFFIC — Licence — Driving licence — False driving licence produced by motorist at home — Police request to see licence unconnected with driving on road — Whether use of licence with intent to deceive — “Uses” — Road Traffic Act 1972, s 169(1)(a)

  10 Case(s) considered

  1 Words & Phrases considered
• Rainey v Greater Glasgow Health Board

  27 Nov 1986 [1987] AC 224; [1986] 3 WLR 1017; [1987] ICR 129; [1987] 1 All ER 65, HL(Sc)

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 63.
  DISCRIMINATION, SEX — Equal pay — Variation due to material difference
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  Case index catchwords

  DISCRIMINATION, SEX — Equal pay — Variation due to material difference — Female prosthetist employed directly in National Health Service — Rate of pay lower than that offered to male prosthetists recruited from private contractors — Whether variation due to material difference other than sex — Equal Pay Act 1970, s 1(3) (as amended by Sex Discrimination Act 1975, s 8(1))

  4 Case(s) considered
• In re D (A Minor)

  08 May 1985 (Pet all) [1986] 1 WLR 939, HL(E)

  19 Mar 1986 [1987] AC 317; [1986] 3 WLR 85; [1987] 1 All ER 20; 84 LGR 617, CA

  04 Dec 1986 [1987] AC 317; [1986] 3 WLR 1080; [1987] 1 All ER 20; 85 LGR 169, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 7.
  CHILDREN AND YOUNG PERSONS — Care proceedings — Relevant considerations
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  Case index catchwords

  CHILDREN AND YOUNG PERSONS — Care proceedings — Relevant considerations — Child born with drug dependency due to mother's drug abuse — Child taken from mother at birth — Juvenile court finding that child's health being impaired or proper development being prevented — Whether mother's conduct during pregnancy relevant — Whether justices entitled to make care order — Children and Young Persons Act 1969, s 1(2)(a)

  5 Case(s) considered

• Rogers v Essex County Council (Essex County Council v Rogers)

  19 Feb 1985 [1985] 1 WLR 700; [1985] 2 All ER 39; 83 LGR 787, DC

  16 Oct 1986 [1987] AC 66; [1986] 3 WLR 689; [1986] 3 All ER 321; 85 LGR 15, HL(E)

  Subsequent citations: 3.
  EDUCATION — School — Attendance
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  Case index catchwords

  EDUCATION — School — Attendance — “Walking distance” — Designated route along isolated unlit track — Whether “nearest available route” — Education Act 1944, s 39(2)(c)(5)

  3 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered