Results: 113

• R v P

  11 Dec 2000 [2002] 1 AC 146; [2001] 2 WLR 463; [2001] 2 All ER 58; [2001] 2 Cr App R 121, HL(E)

  Subsequent citations: 29.
  CRIME — Evidence — Telephone intercept
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  Case index catchwords

  CRIME — Evidence — Telephone intercept — Recordings of telephone conversations between national of European country and British appellants — Intercepts and recordings made in European country in accordance with local law — Whether recordings admissible in evidence at trial of appellants on drugs charges — Whether breach of appellants' rights — Whether public policy requiring exclusion — Police and Criminal Evidence Act 1984, s 78(1)(2) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), arts 6, 8

  5 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• R v K (R v K (Age of Consent: Reasonable Belief), Crown Prosecution Service v K (Age of Consent: Reasonable Belief))

  31 Oct 2000 [2001] 1 Cr App R 35; [2001] Crim LR 134; The Times, 7 November 2000; The Independent, 8 November 2000, CA (Roch LJ, Rougier, Gray JJ)

  25 Jul 2001 [2001] UKHL 41; [2002] 1 AC 462; [2001] 3 WLR 471; [2001] 3 All ER 897; [2002] 1 Cr App R 121; [2009] 1 Cr App R 121, HL(E) (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hobhouse of Woodborough and Lord Millett)

  Subsequent considerations : 2 positive. Subsequent citations: 33.
  CRIME — Sexual offences — Indecent assault
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  Case index catchwords

  CRIME — Sexual offences — Indecent assault — Man of 26 engaging in sexual activity with 14-year-old girl — Activity alleged to be consensual — Belief that girl over 16 — Whether amounting to defence — Whether prosecution required to prove absence of genuine belief — Sexual Offences Act 1956, s 14

  2 Case(s) considered

  1 Statute considered
• R v Kansal (No 2) (R v Kansal (Yash Pal) )

  24 May 2001 [2001] EWCA Crim 1260; [2002] 2 AC 69; [2001] 3 WLR 751; [2001] 2 Cr App R 601; The Times, 11 June 2001; The Independent, 6 June 2001, CA

  29 Nov 2001 [2001] UKHL 62; [2002] 2 AC 69; [2001] 3 WLR 1562; [2002] 1 All ER 257; [2002] 1 Cr App R 478; [2002] BPIR 370; [2002] Crim LR 498; The Times, 4 December 2001; The Independent, 4 December 2001; [2002] UKHRR 169, HL(E)

  Subsequent considerations : 2 positive; 4 neutral. Subsequent citations: 131.
  CRIME — Court of Appeal (Criminal Division) — Reference by Criminal Cases Review Commission

  JUDICIAL PRECEDENT — House of Lords decision — How far binding
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Reference by Criminal Cases Review Commission — Reliance on Convention rights — Defendant convicted after trial where prosecutor lawfully adducing evidence of answers given by defendant under compulsion in earlier bankruptcy proceedings — Retrospective provision allowing person in proceedings brought by public authority to rely on Convention rights if victim of unlawful act — Court of Appeal allowing defendant to rely on right to fair trial on reference back and quashing convictions — Whether retrospectivity provision extending to appeals — Human Rights Act 1998, ss 6(1)(2)(a), 7(1)(b)(6), 22(4)

  JUDICIAL PRECEDENT — House of Lords decision — How far binding — Recent indistinguishable majority decision of House of Lords — No change of circumstances — No justification to depart from decision

  6 Case(s) considered

  1 Statute considered
• Sheldrake v Director of Public Prosecutions

  24 Feb 2003 [2003] EWHC 273 (Admin); [2004] QB 487; [2003] 2 WLR 1629; [2003] 2 All ER 497; [2004] RTR 13; [2005] RTR 13; [2003] 2 Cr App R 206, DC

  14 Oct 2004 [2004] UKHL 43; [2005] 1 AC 264; [2004] 3 WLR 976; [2005] 1 All ER 237; [2004] RTR 13; [2005] RTR 13; [2005] 1 Cr App R 450, HL(E)

  Subsequent considerations : 2 positive; 9 neutral. Subsequent citations: 4.
  ROAD TRAFFIC — Drunk in charge of motor vehicle — Likelihood of driving

  CRIME — Belonging to proscribed organisation — Statutory defence
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  Case index catchwords

  ROAD TRAFFIC — Drunk in charge of motor vehicle — Likelihood of driving — Statutory defence for defendant to prove no likelihood of driving vehicle while remaining unfit through drink — Whether incompatible with presumption of innocence — Road Traffic Act 1988, s 5(1)(b)(2) — Human Rights Act 1998, s 3(1), Sch 1, Pt I, art 6(2)

  CRIME — Belonging to proscribed organisation — Statutory defence — Defence to prove lack of participation in organisation's activities while proscribed — Whether incompatible with presumption of innocence and right to freedom of expression — Human Rights Act 1998 (c 42), s. 3(1), Sch. 1, Pt I, arts 6(2), 10 — Terrorism Act 2000 (c 11), s. 11

  10 Case(s) considered

  3 Statutes considered
• Secretary of State for Trade and Industry v Bairstow

  11 Mar 2003 [2003] EWCA Civ 321; [2004] Ch 1; [2003] 3 WLR 841; [2004] 4 All ER 325, CA

  Subsequent considerations : 4 positive; 1 neutral; 2 negative; most recently considered: 2022. Subsequent citations: 86.
  COMPANY — Director — Disqualification

  EVIDENCE — Judicial finding — Admissibility
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  Case index catchwords

  COMPANY — Director — Disqualification — Findings of fact adverse to director made in wrongful dismissal proceedings — Subsequent application by Secretary of State to disqualify director — Whether director's challenge to findings of fact in disqualification proceedings abuse of process

  EVIDENCE — Judicial finding — Admissibility — Findings of fact made in wrongful dismissal proceedings — Whether admissible in subsequent disqualification proceedings

  5 Case(s) considered
• International Transport Roth GmbH v Secretary of State for the Home Department

  22 Feb 2002 [2002] EWCA Civ 158; [2003] QB 728; [2002] 3 WLR 344, CA

  Subsequent considerations : 1 neutral; 2 negative. Subsequent citations: 103.
  HUMAN RIGHTS — Right to fair trial — Fixed penalty
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  HUMAN RIGHTS — Right to fair trial — Fixed penalty — Penalty scheme whereby carriers liable to fixed penalty for clandestine entrants concealed in carriers' vehicles — No provision in scheme for mitigation or for penalty to be fixed by independent tribunal — Whether scheme criminal or civil — Whether scheme incompatible with right to fair trial — Whether scheme inconsistent with Community law — Human Rights Act 1998, Sch 1, Pt I, art 6 — EC Treaty, arts 28 EC, 49 EC

  8 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• R (Rottman) v Comr of Police of the Metropolis

  16 May 2002 [2002] UKHL 20; [2002] 2 AC 692; [2002] 2 WLR 1315; [2002] 2 All ER 865, HL(E)

  Subsequent citations: 24.
  POLICE — Search, right of — Premises
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  Case index catchwords

  POLICE — Search, right of — Premises — Extradition proceedings — Search of premises for evidence following arrest of alleged fugitive — Whether common law power of search and seizure following arrest allowing search of entire premises — Whether applicable in extradition cases — Whether extinguished on coming into force of statutory powers governing entry and search — Whether statutory powers extending to extradition cases — Police and Criminal Evidence Act 1984, ss 18, 19, 32(2)(b) — Human Rights Act 1998, Sch 1, Pt I, art 8

  3 Case(s) considered

  2 Statutes considered
• Morris v KLM Royal Dutch Airlines

  17 May 2001 [2001] EWCA Civ 790; [2002] QB 100; [2001] 3 WLR 351; [2001] 2 All ER (Comm) 153; [2001] 3 All ER 126, CA

  28 Feb 2002 [2002] UKHL 7; [2002] 2 AC 628; [2002] 2 WLR 578; [2002] 1 All ER (Comm) 385; [2002] 2 All ER 565; [2002] 1 Lloyd's Rep 745, HL(E & Sc)

  Subsequent considerations : 4 positive; 1 neutral. Subsequent citations: 2.
  AIRCRAFT — Carriage by air — Accident
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  Case index catchwords

  AIRCRAFT — Carriage by air — Accident — Bodily injury sustained in accident — Passenger suffering post-traumatic stress disorder and consequent peptic ulcer disease following helicopter crash landing — Female passenger suffering depression as result of indecent assault during flight by male passenger — Whether “bodily injury” — Carriage by Air Act 1961, Sch 1, art 17

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• R v Manchester City Council, Ex p Stennett

  25 Jul 2002 [2002] UKHL 34; [2002] 2 AC 1127; [2002] 3 WLR 584; [2002] 4 All ER 124; [2002] LGR 557; The Times, 29 August 2002; The Independent, 30 July 2002, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  LOCAL GOVERNMENT — Community care services — Discharged mental patients
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  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Discharged mental patients — Duty to provide after-care services including accommodation to persons ceasing to be compulsorily detained — Whether services to be provided under other enactments — Whether authorities entitled to levy charges for accommodation — National Assistance Act 1948 (as amended by Local Government Act 1972, s 195(6), Sch 23, para 2(1), Children Act 1989, s 108(5), Sch 13, para 11(1) and National Health Service and Community Care Act 1990, ss 42(1), 44(1)(2), 66, Sch 9, para 5(3)), ss 21, 22 — Mental Health Act 1983 (as amended by Health Authorities Act 1995, s 2(1), Sch 1, para 107(1)(8), Mental Health (Patients in the Community) Act 1995, s 1(2), Sch 1, para 15 and Crime (Sentences) Act 1997, s 55, Sch 4, para 12(17)), s 117

  1 Case considered
• Smith (Administrator of Cosslett (Contractors) Ltd) v Bridgend County Borough Council

  08 Nov 2001 [2001] UKHL 58; [2002] 1 AC 336; [2001] 3 WLR 1347; [2002] 1 All ER 292, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 19.
  INSOLVENCY — Administrator — Powers
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  Case index catchwords

  INSOLVENCY — Administrator — Powers — Contract deeming contracting company's plant to be property of site owner while on site but to revest in company on completion of works — Site owner entitled in event of company's abandoning contract to retain plant until completion by other contractors — Company abandoning contract and administrator appointed — Site owner agreeing with new contractors to removal of plant on completion of works — Whether site owner having fixed or floating charge over plant — Whether conversion of plant by site owner — Whether administrator entitled to bring action for conversion — Companies Act 1985, s 395 — Insolvency Act 1986, s 234

  2 Case(s) considered

  2 Statutes considered