Results: 89

• R v Mullen

  04 Feb 1999 [2000] QB 520; [1999] 3 WLR 777; [1999] 2 Cr App R 143, CA

  19 Mar 2004 [2004] EWCA Crim 602; [2004] 2 Cr App R 290, CA

  Subsequent considerations : 5 positive; 3 neutral. Subsequent citations: 75.
  CRIME — Court of Appeal (Criminal Division) — Jurisdiction

  CRIME — Evidence — Video recording
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Abuse of process — Defendant deported from Zimbabwe to England — Collusion alleged between security services to bypass extradition formalities — Whether conduct of prosecuting authorities to be taken into account — Whether prosecution abuse of process — Whether conviction unsafe — Criminal Appeal Act 1968 (as amended by Criminal Appeal Act 1995 s 2), s 2(1)(a)

  CRIME — Evidence — Video recording — Child witness — Evidence-in-chief of complainant and supporting witness on video recording — Request by jury for replaying of video after retirement — Judge failing to establish at outset reason for jury's request — Whether defect in procedure affecting safety of conviction — Whether discretion to permit replaying of video evidence limited to complainant's evidence — Whether members of public to be excluded during playing or replaying of evidence

  4 Case(s) considered

  1 Statute considered

• Attorney-General’s Reference (No 2 of 1998)

  28 Apr 1999 [2000] QB 412; [1999] 3 WLR 961, CA

  COMPANY — Investigation of affairs — Furnishing false information
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  Case index catchwords

  COMPANY — Investigation of affairs — Furnishing false information — Disqualified director suspected of involvement in management of company — Department of Trade and Industry inspectors obtaining documents from company — Inspectors questioning company employees about content of documents — Whether requirement to provide explanation of documents limited to exposition of text — Whether capable of including supplementary questions or clarification of apparent discrepancies — Companies Act 1985, ss 447(5)(a)(ii), 451

  1 Case considered

  1 Statute considered

• de Rothschild v Bell

  18 Feb 1999 [2000] QB 33; [1999] 2 WLR 1237; [1999] 2 All ER 722; [1999] 1 FLR 1246, CA

  Subsequent citations: 1.
  BANKRUPTCY — Property passing to trustee — Statutory tenancy

  LANDLORD AND TENANT — Security of tenure — Residential tenancy
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Statutory tenancy — Bankrupt remaining in property let on long lease at low rent — Whether right to statutory protection of tenancy “property” capable of forming part of bankrupt's estate — Whether vesting in trustee and capable of being disclaimed — Insolvency Act 1986, s 283(1)(a)

  LANDLORD AND TENANT — Security of tenure — Residential tenancy — Long lease at low rent in name of joint tenants — Whether one tenant alone entitled to benefit from statutory protection on determination of lease by effluxion of time — Landlord and Tenant Act 1954 (as amended by Leasehold Reform Act 1967; s 39(2), Sch 5, para 3(1)(a): Rent Act 1968, s 117(2), Sch 15 and Rent Act 1977, s 155, Sch 23, para 15), ss 1, 2, 3, 4, 6, 12

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R v Lord Chancellor, Ex parte Lightfoot (Lightfoot, Ex parte)

  31 Jul 1998 [2000] QB 597; [1999] 2 WLR 1126; [1998] 4 All ER 764, QBD

  23 Jul 1999 [2000] QB 597; [2000] 2 WLR 318; [1999] 4 All ER 583, CA

  Subsequent citations: 21.
  STATUTORY INSTRUMENT — Validity — Whether ultra vires
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  Case index catchwords

  STATUTORY INSTRUMENT — Validity — Whether ultra vires — Debtor presenting petition for bankruptcy required to pay to court deposit as security — Whether debtor having constitutional right of access to court — Whether requirement to pay deposit infringing constitutional right — Whether lawful — Insolvency Fees Order 1986, arts 8(1), 9(b) (as amended by Insolvency Fees (Amendment) Order 1994, art 3(d)(ii))

  4 Case(s) considered

  1 Statutory Instrument considered
• Artesian Residential Developments Ltd v Beck

  19 Mar 1999 [2000] QB 541; [2000] 2 WLR 357; [1999] 3 All ER 113, CA

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Assured fixed term tenancy — Tenancy agreement containing provision for re-entry and determination for arrears of rent — Tenant falling into arrears — Landlord obtaining possession order — Whether landlord making parallel claim for forfeiture — Tenant applying for suspension of order and paying off arrears — Whether county court having power to grant relief from forfeiture in proceedings for possession of property held under assured tenancy — County Courts Act 1984, s 138(1) — Housing Act 1988, ss 5(1), 7(6), 45(4)

  2 Statutes considered
• R v Chesterfield Justices, Ex parte Bramley (Bramley, Ex parte)

  05 Nov 1999 [2000] QB 576; [2000] 2 WLR 409; [2000] 1 All ER 411; [2000] 1 Cr App R 486, DC

  Subsequent considerations : 2 negative. Subsequent citations: 39.
  POLICE — Search, right of — Search warrant
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  Case index catchwords

  POLICE — Search, right of — Search warrant — Execution — Premises containing documents allegedly subject to legal professional privilege — Removal of documents for purpose of determining which were privileged — Whether removal lawful — Police and Criminal Evidence Act 1984, s 8(1)

  2 Case(s) considered

  1 Statute considered

• R v Secretary of State for the Home Department, Ex p Hindley

  18 Dec 1997 [1998] QB 751; [1998] 2 WLR 505, DC

  05 Nov 1998 [2000] QB 152; [1999] 2 WLR 1253, CA

  30 Mar 2000 [2001] 1 AC 410; [2000] 2 WLR 730; [2000] 2 All ER 385, HL(E)

  Subsequent citations: 39.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Mandatory life sentence prisoner — Tariff element of determinate length provisionally fixed but not communicated to prisoner — Whole life tariff subsequently fixed and communicated — Whether policy allowing imposition of whole life tariff lawful — Whether increase from determinate tariff to whole life tariff lawful — Murder (Abolition of Death Penalty) Act 1965, s 1(1) — Crime (Sentences) Act 1997, s 29

  1 Case considered
• Ropaigealach v Barclays Bank Plc

  18 Dec 1998 [2000] QB 263; [1999] 3 WLR 17; [1999] 4 All ER 235, CA

  17 Apr 2000 (pet dis) [2000] 1 WLR 1034, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  MORTGAGE — Possession — Mortgagee's right to
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  Case index catchwords

  MORTGAGE — Possession — Mortgagee's right to — Mortgage of dwelling house — Whether mortgagee entitled to take possession without first obtaining court order — Administration of Justice Act 1970, s 36

  3 Case(s) considered

  1 Statute considered

• R v Yeardley

  06 Aug 1999 [2000] QB 374; [2000] 2 WLR 366; [2000] 2 Cr App R 141, CA

  Subsequent citations: 1.
  CRIME — Plea — Plea of guilty to lesser offence
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  Case index catchwords

  CRIME — Plea — Plea of guilty to lesser offence — Defendant pleading not guilty of single charge on indictment but guilty of lesser offence — Plea not accepted by prosecution — Jury finding defendant not guilty of offence charged — Defendant sentenced for lesser offence — Whether defendant convicted of lesser offence — Whether sentence lawful

  1 Case considered
• Attorney General’s Reference (No 3 of 1998)

  25 Mar 1999 [2000] QB 401; [1999] 3 WLR 1194; [1999] 3 All ER 40; [1999] 2 Cr App R 214, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 14.
  CRIME — Insanity — Defence
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  Case index catchwords

  CRIME — Insanity — Defence — Defendant insane at time of commission of offence — Defendant incapable of forming criminal intent — Ingredients of offence to be proved by prosecution — Whether necessary to prove mens rea — Trial of Lunatics Act 1883, s 2(1) (as amended by Criminal Procedure (Insanity) Act 1964, s 1 and Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, s 1(1))

  2 Case(s) considered

  1 Statute considered