Results: 84

• Shevill v Presse Alliance SA

  12 Mar 1991 [1996] AC 959; [1992] 2 WLR 1; [1992] 1 All ER 409; The Times, 13 March 1991, CA (Purchas, Taylor and Beldam LJJ)

  07 Mar 1995 (Case C-68/93); EU:C:1995:61; [1995] 2 AC 18; [1995] 2 WLR 499; [1995] All ER (EC) 289; [1995] ECR I-415, ECJ

  24 Jul 1996 [1996] AC 959; [1996] 3 WLR 420; [1996] 3 All ER 929, HL(E)

  Subsequent considerations : 6 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 108.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Libel action in England against French publisher of newspaper distributed in several contracting states — Small circulation in United Kingdom — Claim restricted to publication in England — Whether having jurisdiction to entertain claim — Appropriate forum for action — Location of “place where the harmful event occurred” — Law applicable for determining existence and extent of harm — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 5(3)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• R v Mandair

  (1993) 99 Cr App R 55, CA

  19 May 1994 [1995] 1 AC 208; [1994] 2 WLR 700; [1994] 2 All ER 715; 99 Cr App R 250, HL(E)

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 9.
  CRIME — Assault — Alternative verdict

  HOUSE OF LORDS — Practice — Criminal appeal
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  Case index catchwords

  CRIME — Assault — Alternative verdict — Defendant charged on indictment with single count of causing grievous bodily harm with intent — Jury directed on availability of verdict on lesser offence of inflicting grievous bodily harm — Jury acquitting defendant of count on indictment but finding defendant guilty of causing grievous bodily harm — Whether open to jury to return verdict on lesser offence — Whether defendant convicted of offence known to law — Offences against the Person Act 1861, ss 18, 20

  HOUSE OF LORDS — Practice — Criminal appeal — Defendant's appeal to Court of Appeal disposed of on one ground without consideration of other grounds of appeal — Court of Appeal's decision overruled by House of Lords — Consideration of remaining grounds of appeal necessary for disposal of appeal — Power of House of Lords to consider or to remit to Court of Appeal for decision — Criminal Appeal Act 1968, s 35

  4 Case(s) considered

  2 Statutes considered
• Dunkley v The Queen

  04 Oct 1994 [1995] 1 AC 419; [1994] 3 WLR 1124; [1995] 1 All ER 279, PC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 8.
  CRIME — Homicide — Murder

  HUMAN RIGHTS — Jamaica — Constitution
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  Case index catchwords

  CRIME — Homicide — Murder — Joint enterprise — Robbery — Pursuit of robbers by man armed with machete — Pursuer shot and killed — Judge's directions on common design — Whether necessary to refer to supervening event — Whether jury properly directed — Jamaica

  HUMAN RIGHTS — Jamaica — Constitution — Human rights and fundamental freedoms — Legal representation — Murder trial — Withdrawal of defendant's counsel during trial — Trial proceeding with defendant unrepresented — Whether infringement of defendant's constitutional right to legal representation — Whether defendant's conviction unsafe — Jamaica (Constitution) Order in Council 1962, Sch 2, s 20(6)(c)

  2 Case(s) considered

  1 Statutory Instrument considered

• Director of Public Prosecutions v Butterworth (Butterworth v Director of Public Prosecutions)

  [1994] RTR 181, DC

  21 Jul 1994 [1995] 1 AC 381; [1994] 3 WLR 538; [1994] 3 All ER 289; [1994] RTR 330; [1995] 1 Cr App R 38, HL(E)

  Subsequent citations: 1.
  ROAD TRAFFIC — Breath specimen for analysis — Whether charge duplicitous
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  Case index catchwords

  ROAD TRAFFIC — Breath specimen for analysis — Whether charge duplicitous — Charge alleging failure to provide specimen without reasonable cause — Different penalties depending on whether accused driving or in charge of vehicle — Information not specifying whether specimen required in connection with driving or being in charge — Whether information containing two offences — Whether information required to specify maximum penalty for offence — Road Traffic Act 1988, s 7(6) — Magistrates' Courts Rules 1981, rr 12(1), 100

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• In re Supply of Ready Mixed Concrete (No 2) (Director General of Fair Trading v Pioneer Concrete (UK) Ltd)

  25 Jun 1993 [1994] ICR 57, CA

  24 Nov 1994 [1995] 1 AC 456; [1994] 3 WLR 1249; [1995] ICR 25; [1995] 1 All ER 135, HL(E)

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 40.
  CONTEMPT OF COURT — Breach of injunction — Employers' liability
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  Case index catchwords

  CONTEMPT OF COURT — Breach of injunction — Employers' liability — Employers subject to Restrictive Practices Court's injunctions — Employees disregarding injunctions contrary to employers' prohibition and without their knowledge — Whether employers required to take steps to enforce prohibition — Whether vicariously liable — Whether in contempt of court — Restrictive Trade Practices Act 1976, s 35(1)(3)

  8 Case(s) considered

  1 Statute considered

• R v Clegg

  19 Jan 1995 [1995] 1 AC 482; [1995] 2 WLR 80; [1995] 1 All ER 334; [1995] 1 Cr App R 507, HL(NI)

  Subsequent citations: 12.
  CRIME — Self-defence — Homicide

  LAW REFORM — Whether necessary — Self-defence
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  Case index catchwords

  CRIME — Self-defence — Homicide — Soldier on patrol shooting civilian passenger in stolen car — Excessive force in self-defence — Whether soldier guilty of murder or manslaughter

  LAW REFORM — Whether necessary — Self-defence — Use of excessive force resulting in death — Murder not reduced to manslaughter

  2 Case(s) considered

• Yip Chiu-Cheung v The Queen

  16 Jun 1994 [1995] 1 AC 111; [1994] 3 WLR 514; [1994] 2 All ER 924; 99 Cr App R 406, PC

  Subsequent citations: 5.
  CRIME — Conspiracy — Mens rea
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  Case index catchwords

  CRIME — Conspiracy — Mens rea — Conspiracy to traffic in dangerous drug — Undercover agent agreeing with defendant unlawfully to export drugs from Hong Kong — Agent intending to carry out agreement for justifiable motive — Whether agent co-conspirator — Whether defendant rightly convicted of conspiracy with agent — Dangerous Drugs Ordinance, ss 2(1), 4(1)

  3 Case(s) considered

  1 Overseas Enactment considered
• Attorney-General of Trinidad and Tobago v Phillip

  04 Oct 1994 [1995] 1 AC 396; [1994] 3 WLR 1134; [1995] 1 All ER 93, PC

  Subsequent considerations : 1 positive. Subsequent citations: 16.
  CRIME — Trinidad and tobago — Crime
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  Case index catchwords

  CRIME — Trinidad and tobago — Crime — Abuse of process — Insurgents prosecuted for offences committed in course of insurrection — Insurgents claiming detention unlawful by reason of grant of pardon — Habeas corpus order made — Order not appealable — Pardon subsequently held to be invalid — Whether prosecution for same offences abuse of process

  CRIME — Trinidad and tobago — Crime — Pardon — Pardon granted to insurgents conditional on safe return of hostages — Delay before release of hostages and surrender of insurgents — Detention and prosecution of insurgents for offences committed during insurrection — Whether pardon valid — Whether detention and prosecution contravening insurgents' constitutional rights — Constitution of the Republic of Trinidad and Tobago Act 1976, Sch, ss 4(a)(b), 14(1), 87(1)

  3 Case(s) considered

  1 Overseas Enactment considered
• Charleston v News Group Newspapers Ltd

  30 Mar 1995 [1995] 2 AC 65; [1995] 2 WLR 450; [1995] 2 All ER 313, HL(E)

  Subsequent considerations : 2 positive. Subsequent citations: 69.
  DEFAMATION — Pleadings — Defamatory meaning
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  Case index catchwords

  DEFAMATION — Pleadings — Defamatory meaning — Newspaper headlines and photographs — Whether to be considered in isolation from accompanying article — Whether text of article sufficient to neutralise otherwise defamatory meaning

  2 Case(s) considered
• Huntley v Attorney-General for Jamaica

  12 Dec 1994 [1995] 2 AC 1; [1995] 2 WLR 114; [1995] 1 All ER 308, PC

  Subsequent considerations : 1 positive. Subsequent citations: 10.
  HUMAN RIGHTS — Jamaica — Constitution
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  Case index catchwords

  HUMAN RIGHTS — Jamaica — Constitution — Human rights and fundamental freedoms — Classification of existing murder convictions as capital or non-capital — Initial classification by single judge — Subsequent review by three judges of cases classified as capital — Convicted person having no opportunity to make representations until review — Whether infringement of constitutional rights — Whether contrary to common law principle of procedural fairness — Offences against the Person (Amendment) Act 1992, s 7(2)(4) — Jamaica (Constitution) Order in Council 1962, Sch 2, s 20(6)(7)

  3 Case(s) considered

  1 Statutory Instrument considered

  1 Overseas Enactment considered