Part 1

• Case No.:

  1. Governor & Co of the Bank of England v Three Rivers District Council [HL]

     • File size: 203kb

     • Matter: "Do the communications between the Bank of England, their solicitors, Freshfields, and counsel relating to the content and preparation of the so-called overarching statement submitted on behalf of the Bank to the Bingham Inquiry qualify for legal professional privilege?"

  2. Akumah v London Borough of Hackney [HL]

     • File size: 48kb

     • Matter: "appeal .... is concerned with the power of a local authority to operate a parking scheme in one of the housing estates in its area, of which it is the landlord."

  3. Speed Investments Ltd v Formula One Holdings Ltd [CAEW]

     • File size: 60kb

     • Matter: "The present appeal is concerned solely with jurisdiction. The claimants say the dispute as to the validity of the appointments must be determined by the English court."

  4. British American Tobacco (Investments) Ltd v United States of America [CAEW]

     • File size: 47kb

     • Matter: "The point at issue is not whether privilege exists, but whether the privilege, which may once have existed in the documents, has, as the judge declared, gone as a result of voluntary waiver by BATCo, or, as BATCo contends, as a result of the compulsion of a court order ...."

  5. Unipart Group Ltd v O2 (UK) Ltd [CAEW]

     • File size: 135kb

     • Matter: "appeal concerns the applicability of Article 81 [EC Treaty] to allegedly anti-competitive conduct in the market for the wholesale supply of airtime for mobile telephones."

  6. McMullen v McGinley [SCIre]

     • File size: 88kb

     • Matter: "Mr. McMullen, ...., commenced an action for damages for negligence against Kent Carty and Co [former solicitors]. The central allegation .... was their alleged failure to ensure that the terms of the settlement [of an action] allowed Mr. McMullen to re-enter his nuisance action."

  7. Nilsen v Governor of HMP Full Sutton [CAEW]

     • File size: 71kb

     • Matter: "Para 34 [Prison Standing Order 5] provides, ...., that a prisoner’s general correspondence may not contain material which is intended for publication, ...., if it is about an inmate’s crime or past offences .... [W]hether Para 34 is lawful having regard to .... Art 10 [European Convention on Human Rights - freedom of expression] ...."

  8. Bernard v Attorney General of Jamaica [PC]

     • File size: 52kb

     • Matter: ".... whether it was open to .... the trial judge, on the evidence placed before her to find that the Attorney-General of Jamaica was vicariously liable for the unlawful shooting .... of Mr. Clinton Bernard by a constable of the Jamaica Constabulary Force."

  9. Jahree v Mauritius [PC]

     • File size: 43kb

     • Matter: ".... his appeal being based on three grounds: (a) breach of his constitutional rights in the magistrate’s refusal to permit an adjournment to allow him to obtain legal representation; (b) unfairness in the trial in the magistrate’s questioning of the appellant ....; and (c) incorrect conclusions drawn by the magistrate from the evidence."

  10. Chou v HKSAR [CFA]

      • File size: 32kb

      • Matter: "Sometimes, although not often, even a criminal case turning on facts requires this Court’s intervention because the handling of the case by the lower courts involves a departure from accepted norms so serious as to constitute a substantial and grave injustice which this Court must remedy."

  11. Minister of Human Resources Development v Hodge [SCC]

      • File size: 63kb

      • Matter: ".... respondent claimant seeks a survivor's pension .... by reason of the death of a man with whom she formerly had a common law spousal relationship. She identifies herself as belonging to the class of "separated common law spouses", who as a group are denied survivor's pensions, and she invites comparison with the class of "separated married spouses", who receive pensions."

  12. Simon Chow v Canada [SCC]

      • File size: 38kb

      • Matter: "The Crown entered into evidence telephone conversations involving Chow, .... The calls had been intercepted ...., [and] yielded evidence crucial to the prosecution’s case against Chow. Chow sought unsuccessfully to exclude this evidence ...."

  13. Ali v The Queen [HCA]

      • File size: 110kb

      • Matter: "It has not been shown that the appellant, by reason of the conduct of his counsel, did not have a fair trial or that there was a miscarriage of justice."

  14. Baker v The Queen [HCA]

      • File size: 239kb

      • Matter: "[Section] 13A entitled a person serving an existing life sentence to apply to the Supreme Court for the determination of a minimum term .... [S]uch a determination, ...., would alter an indeterminate to a determinate sentence, ...."

  15. Al-Kateb v Godwin [HCA]

      • File size: 402kb

      • Matter: "The appellant, a stateless person, arrived in Australia without a visa. He was taken into immigration detention, and applied for a visa. His application failed .... Removal did not take place, .... because attempts to obtain the necessary international co-operation were unsuccessful."

Part 2

• Case No.:

  1. Hilton v Barker Booth & Eastwood [HL]

     • File size: 59kb

     • Matter: "The Court of Appeal in the present case recognised, I think, that in general it could be no answer to a claim for damages for breach of a contractual obligation that performance of the obligation would have constituted a breach of a contractual obligation owed to someone else."

  2. Jackson v Royal Bank of Scotland Plc [HL]

     • File size: 68kb

     • Matter: "The claim is for the loss of the opportunity to earn further profits from that [partnership]. It raises issues about the proper approach to remoteness where damages are claimed for breach of contract and about the quantum of the damages."

  3. Mediterranean Shipping Co SA v JL MacWilliam Co Inc [HL]

     • File size: 127kb

     • Matter: ".... whether the contract for the carriage of those goods was covered by "a bill of lading or any similar document of title" within the meaning of Carriage of Goods by Sea Act 1971 [s.1(4)] and Hague-Visby Rules [art.I(b)] ...."

  4. Singh v Entry Clearance Officer, New Dehli [CAEW]

     • File size: 141kb

     • Matter: "whether "family life" within the meaning of .... the European Convention on Human Rights [art.8(1)] has been established between the appellant, a 6 year old Indian boy, and his adoptive parents who are settled in the UK."

  5. Bell Davies Trading Ltd v Sec of State for Trade & Industries [CAEW]

     • File size: 114kb

     • Matter: "Secretary of State presented winding up petitions against BDT and KTA .... alleging that BDT was operating and that KTA was participating in, ...., the operation of ["quota theft"], which breached EC Regulations"

  6. Father of G & B (Children) v Mother [CAEW]

     • File size: 72kb

     • Matter: ".... appeal turn on the ambit of Articles 9, 10 and 11 of the European Convention on Recognition and Enforcement of decisions concerning custody of children and on restoration of custody of children ...."

  7. Roe v Sheffield City Council [CAEW]

     • File size: 133kb

     • Matter: ".... the judge made clear that in his view the case turned on the construction of the Tramways Act 1870 and the South Yorkshire Light Rail Transit Act 1988. From the beginning, the judge considered the question of rail heights to be crucial."

  8. Al-Sabah v Grupo Torras S.A. [PC]

     • File size: 80kb

     • Matter: "The trustee in bankruptcy’s case is that the two trusts own and control, through a network of companies, very valuable assets which enable the debtor, despite his bankruptcy, to enjoy a life of luxury ...."

  9. Murphy v Nolan [SCIre]

     • File size: 60kb

     • Matter: ".... appeal raises, for the first time in this Court, the issue as to the appropriate level of damages to be awarded in civil proceedings for a continuum of sexual abuse, over five years, which culminated in rape, to a teenager."

  10. AG of British Columbia v Auton [SCC]

      • File size: 131kb

      • Matter: ".... whether the Province of British Columbia's refusal to fund a particular treatment for preschool-aged autistic children violates the right to equality under the Canadian Charter of Rights and Freedoms."

  11. Jamaica Flour Mills Ltd v The Industrial Disputes Tribunal [PC]

      • File size: 39kb

      • Matter: "JFM’s case .... was that the dismissals were on account of redundancy and were in accordance with .... respective contracts of employment .... [and] could not, therefore, be said to be “unjustifiable” for the purposes of [the Labour Relations and Industrial Disputes Act 1975, s 12(5)(c)]."

  12. Reference re Same-Sex Marriage [SCC]

      • File size: kb

      • Matter: ".... we conclude that the guarantee of freedom of religion in the Charter affords religious officials protection against being compelled by the state to perform marriages between two persons of the same sex contrary to their religious beliefs."

  13. Amcor Ltd v Construction, Forrestry, Mining and Energy Union [HCA]

      • File size: 180kb

      • Matter: "whether, .... certain employees became entitled to redundancy payments .... [They] worked in the same jobs, under the same terms and conditions, following the demerger, but, in consequence of the corporate restructuring, their employer changed."

  14. Nitke v Gonzales [USDC]

      • File size: 57kb

      • Matter: "The plaintiffs seek a declaratory judgment that the Communications Decency Act [1996] is unconstitutional because it is substantially overbroad; and a permanent injunction against its enforcement."

  15. Butcher v Lachlan Elder Realty Pty Ltd [HCA]

      • File size: 270kb

      • Matter: "The purchasers claimed ... that a brochure issued by the agent was misleading because it misrepresented the location of the boundary of the Rednal land abutting Pittwater as being on the Pittwater side of a swimming pool on the land."

Part 3

• Case No.:

  1. Polanski v Conde Nast Publications Ltd [HL]

     • File size: 112kb

     • Matter: "The general policy of the courts should be to discourage litigants from escaping the normal processes of the law .... Giving evidence by video conference link is not yet the procedural norm. Mr. Polanski is seeking an indulgence .... In denying him that indulgence the court is not shutting him out from access to justice ...."

  2. Ashworth Hospital Authority v B [HL]

     • File size: 63kb

     • Matter: "whether a patient detained for treatment under the Mental Health Act 1983 can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his detention."

  3. Bentham v Regina [HL]

     • File size: 24kb

     • Matter: "Can a person who has his hand inside a zipped-up jacket, forcing the material out so as to give the impression that he has a gun, be held to have in his possession an imitation firearm within the meaning of section 17(2) of the Firearms Act 1968?"

  4. McFarlane v McFarlane [CAEW]

     • File size: 177kb

     • Matter: "In each case ... orders for periodical payments to the children augmented the liability of the husband. There were ... ancillary issues ... However in each case the only fundamental and difficult issue was the quantification of the wife’s periodical payments."

  5. Gillan v Commissioner of Police [CAEW]

     • File size: 80kb

     • Matter: ".... appellants had challenged the lawfulness of their being stopped and searched .... The police officers rely on an authorisation made under section 44 of the Terrorism Act 2000 ...."

  6. Welsh Assembly Government v Newsum [CAEW]

     • File size: 42kb

     • Matter: "an appeal from the judgment of Pitchford J .... by which he quashed the decision of the Welsh Assembly Government refusing to grant .... a licence to "translocate" a population of great crested newts ...."

  7. Kent Pharmaceuticals Ltd v Serious Fraud Office [CAEW]

     • File size: 69kb

     • Matter: ".... appeal from a decision of the Divisional Court refusing to grant to the appellants any relief in respect of the decision of the respondent to disclose to the Department of Health copies of documents seized by the SFO from KP."

  8. Independent Jamaica Council for Human Rights (1998) v Marshall-Burnett [PC]

     • File size: 54kb

     • Matter: "Governor-General of Jamaica, ...., gave his assent to three bills, .... to abolish the right of appeal to Her Majesty in Council .... [W]hether the procedure adopted in enacting that legislation complied with the requirements laid down in the Constitution."

  9. Horev v Minister for Transport [SCIsr]

     • File size: 590kb

     • Matter: "Bar-Ilan Street is no longer simply a street. It [reflects] a deep-seated political dispute between the Ultra-Orthodox and the secular populations .... This debate is not limited to .... freedom of movement .... [It is] a difficult debate involving the relationship between religion and state in Israel, ...."

  10. Ming v Ming [CAHK]

      • File size: 81kb

      • Matter: ".... the father had prepared a Chinese Memorandum. He had that typed .... signed .... and had his signature witnessed .... The father arranged to have the Chinese Memorandum read out at a dinner attended by all his children."

  11. Hydro-Quebec v Glykis [SCC]

      • File size: kb

      • Matter: ".... [respondent] was the owner of a rental property. He refused to pay the amount he owed for electricity supplied to that property. After serving notice on Mr. Glykis, Hydro-Québec interrupted the supply of electricity to his residence, even though the account for that delivery point was not in arrears."

  12. Mohan J v O'Callaghan [SCIre]

      • File size: 180kb

      • Matter: "in the course of his public oral evidence to the tribunal .... Mr. Gilmartin made .... allegations against Mr. O’Callaghan which were wholly absent from [Mr. Gilmartin’s] statement as circulated to Mr. O’Callaghan .... [R]epresentatives of Mr. O’Callaghan requested sight of earlier versions of Mr. Gilmartin’s statements ...."

  13. Angas Law Services Pty Ltd v Carabelas [HCA]

      • File size: 98kb

      • Matter: "The rejection of the agency theory did not necessarily involve, or require, a conclusion that, in fact and in law, there had been a novation which resulted in a discharge of the liability of Mr. Carabelas to ALS."

  14. Coleman v Power [HCA]

      • File size: 433kb

      • Matter: "The appellant was convicted of the offence of using insulting words to the first respondent in a public place .... [W]hether he was rightly convicted. The appellant contends that the legislation creating the offence is invalid, as an unconstitutional restriction on freedom of speech."

  15. DPP v W.J.I. [HCA]

      • File size: 177kb

      • Matter: "an appeal from a decision of the Court of Criminal Appeal .... which, by a majority .... upheld a trial judge's directions to a jury in a case of alleged rape where the principal issues related to the complainant's consent, or lack of it, and the accused's state of mind about that matter."

Part 4

• Case No.:

  1. D v Camberwell Green Youth Court [HL]

     • File size: 103kb

     • Matter: "S 21 of the Youth Justice and Criminal Evidence Act 1999 have the effect that, ..., the evidence of witnesses under 17 years of age in relation, inter alia, to sexual offences and crimes involving violence must be given by a live television link ..."

  2. Durham Constabulary v R (FC) [HL]

     • File size: 154kb

     • Matter: "... sections 65 and 66 of the Crime and Disorder Act 1998 Parliament legislated to replace the non-statutory procedure which then existed for the cautioning of children and young persons believed to have committed crimes ..."

  3. Commissioner of Police for the Metropolis v Brooks [HL]

     • File size: 128kb

     • Matter: "Home Secretary appointed Sir William Macpherson ..., to inquire into ... the death of Stephen Lawrence in order particularly to identify the lessons to be learned from the investigation and prosecution of racially motivated crimes ... The unanimous Macpherson report ... exposed a litany of derelictions of duty and failures in the police investigation."

  4. Silversea Cruises Ltd v If P&C Insurance Ltd [CAEW]

     • File size: 262kb

     • Matter: "The proceedings out of which this appeal arises concern an insurance claim made as a consequence of 9/11 by the operators of a fleet of four ultra-luxury cruise ships under a policy designed to protect them against loss of income."

  5. Commissioners of Customs & Excise v Barclays Bank Plc [CAEW]

     • File size: 103kb

     • Matter: "whether a bank, served with notice of a freezing injunction ... owes any duty of care to a claimant not to allow sums to be paid out of an account which is subject to such injunction. He correctly called it an unexplored and undecided point ..."

  6. Pelling, Dr v Bruce-Williams, Mrs [CAEW]

     • File size: 72kb

     • Matter: "Dr Pelling moved for an order of Certiorari to quash Rule 4.16(7) of the Family Proceedings Rules 1991, and Rules 4.23(1) and 10.20(3) so far as they prevent disclosure or inspection respectively of Children Act judgments without leave of the judge. It was said that those rules are incompatible with Articles 6(1) and 10(1) of the European Convention."

  7. O'Carroll v Diamond [SCIre]

     • File size: 91kb

     • Matter: "This exchange suggests that the plaintiff’s primary concern arising out of the supposed failure to advise was the fact that it deprived her of an opportunity of negotiating with the Haydens for an extension of time within which to vacate the family home."

  8. Dayan v Wilk [SCIsr]

     • File size: 155kb

     • Matter: "A asks the competent authority ... for a permit to hold an assembly. He wants to hold it, ..., on the pavement outside the apartment of B. B is a public figure. His apartment is also used for public purposes. B opposes the granting of the permit. The neighbours also oppose it."

  9. Meerabux v AG of Belize [PC]

     • File size: 82kb

     • Matter: "appellant is a former justice of the Supreme Court of Belize ... [F]ollowing complaints of misbehaviour ..., he was removed from office ... [He] claimed that his rights under sections 3(a), 6(1) and 6(8) of the Constitution had been infringed ..."

  10. Li v Bank of China (Hong Kong) Ltd [CFA]

      • File size: 65kb

      • Matter: "What is said against the Bank is no more than that the Bank ought to have taken steps which, if taken, would or might have protected the appellant against that undue influence. The omission to take these steps does not constitute the Bank a wrongdoer ..."

  11. Compassion In World Farming Ltd v S.S. for the Environment etc [CAEW]

      • File size: 82kb

      • Matter: "The claimants are concerned for the welfare of broiler chickens ... They are concerned to alleviate features detrimental to the welfare of broiler chickens which arise because selective breeding has evolved fast-growing genotypes."

  12. British Columbia v Haida Nation [SCC]

      • File size: 134kb

      • Matter: "... what duty if any does the government owe the Haida people? ... [Is] the government required to consult with them about decisions to harvest the forests and to accommodate their concerns about what if any forest in Block 6 should be harvested before they have proven their title to land and their Aboriginal rights?"

  13. Commissioner of Taxation v Stone [HCA]

      • File size: 128kb

      • Matter: "... the taxpayer received sums as prize money, as grants by the Australian Olympic Committee and Queensland Academy of Sport, as fees for some appearances she made, and as payments in cash or kind by sponsors. The appellant Commissioner contended that all of these sums formed part of her assessable income ..."

  14. Watson v Jamaica [PC]

      • File size: 121kb

      • Matter: "But the case has a wider significance, because the grounds on which the mandatory death penalty is said to be unconstitutional in this case extend to the constitutionality of the mandatory death penalty in every case where this penalty is provided for by the law as it now stands in Jamaica."

  15. Fardon v Attorney General of Queensland [HCA]

      • File size: 324kb

      • Matter: "whether the Dangerous Prisoners (Sexual Offenders) Act 2003 (Q) is valid ... The contrariety is said to lie in the attempt by the Queensland Parliament to confer on the Supreme Court a function which is incompatible with the Court's position, under the Constitution."

Part 5

• Case No.:

  1. J.D. v East Berkshire Community Health NHS Trust [HL]

     • File size: 187kb

     • Matter: "whether the parent of a minor child falsely and negligently said to have abused or harmed the child may recover common law damages for negligence against a doctor or social worker who, discharging professional functions, has made the false and negligent statement, if the suffering of psychiatric injury by the parent was a foreseeable result ..."

  2. Mushtaq v Regina [HL]

     • File size: 121kb

     • Matter: "where a judge has ruled on a voir dire that a confession is admissible the jury is fully entitled to consider all the circumstances surrounding the making of the confession to decide whether they should place any weight on it, and it is the duty of the trial judge to make this plain to them."

  3. Williamson v Sec of State for Education [HL]

     • File size: 119kb

     • Matter: "Corporal punishment of children is a controversial subject. It arouses strong feelings, both for and against. In this country there is now a total ban on the use of corporal punishment in all schools. The claimants in these proceedings contend this ban is incompatible with their Convention rights under the Human Rights Act 1998."

  4. Benham Ltd v Kythira Investments Ltd [CAEW]

     • File size: 87kb

     • Matter: "... the judge was acceding to the respondents’ submission of no case to answer without first putting the respondents to their election. The case illustrates yet again the dangers of adopting such a course."

  5. Barber v EIC Services Ltd [CAEW]

     • File size: 60kb

     • Matter: "The judge, ... held that a large number of the bonus shares were allotted to shareholders whose shares were not paid up and that the issue of the bonus shares, including the capitalisation of the share premium account for the issue, was not authorised by an ordinary resolution of the Company, ... However, he also held that, despite those defects, ... the bonus shares were validly issued ..."

  6. Benn v The Queen [CAEW]

     • File size: 92kb

     • Matter: "The notes were examined and found to be significantly contaminated with cocaine. The main issue in this reference is the question of what inference or inferences can properly be drawn from the level of contamination found. But this evidence was only one part of the prosecution case."

  7. 

     • File size: kb

     • Matter: ""

  8. AG of Trinidad & Tobago v Ramanoop [PC]

     • File size: 43kb

     • Matter: "whether exemplary damages may be awarded by way of redress for contravention of the human rights provisions enshrined in the Constitution of Trinidad and Tobago."

  9. Peterson v Commissioner of Inland Revenue [PC]

     • File size: 139kb

     • Matter: "There are two appeals ... They arise out of a tax avoidance scheme of a kind which has been widely used, has excited the attention of the revenue authorities in many countries ..."

  10. River Trade Terminal Co Ltd v Secretary of Justice [CFA]

      • File size: 62kb

      • Matter: "... the appellant began to allow vessels referred to by the parties as “intra-Asia vessels”, meaning vessels which have a pattern of trading between Hong Kong and various Asian ports, to berth and to discharge and load their cargoes at the RTT. This, the government contends, is a breach of SC 16."

  11. R v Cannock Chase District Council [CAEW]

      • File size: 31kb

      • Matter: "What happens when there is a dispute as to the number of votes cast in a meeting in circumstances where there are no statutory or procedural rules governing the meeting which deal with the issue?"

  12. Newfoundland & Labrador Association of Public & Private Employees v Newfoundland [SCC]

      • File size: 133kb

      • Matter: "the Court is required to consider what sort of government fiscal crisis is sufficient (if any) to justify limiting a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms. The appellant union says cost considerations can never amount to such a justification."

  13. 

      • File size: kb

      • Matter: ""

  14. HTW Valuers (Central Old) Pty Ltd v Astonland Pty Ltd [HCA]

      • File size: 118kb

      • Matter: "The trial judge found that this collapse in rentals was due in large measure to the opening of the Beach Road Shopping Centre. The trial judge excluded other possible causes, such as poor management of the Plaza, a decline in sugar prices, and a drop in new housing approvals."

  15. Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [HCA]

      • File size: 160kb

      • Matter: "whether the claims which define the scope of the monopoly granted by the Patent are "fairly based on the matter described in" the balance (i.e. the body) of the Patent specification within the meaning of s 40(3) of the Patents Act 1990 (Cth), or whether they travel beyond that matter."

Part 6

• Case No.

  1. B v Hoxha [HL]

     • File size: 133kb

     • Matter: "whether a person may fall within the definition of a refugee in article 1A(2) of the Convention in circumstances where he has a fear of the continuing effects of persecution inflicted upon him in the past. Both appellants suffered appalling ill-treatment at the hands of Serbian soldiers or policemen ..."

  2. N v Sec of State for Home Department [HL]

     • File size: 146kb

     • Matter: "... appeal raises a question of profound importance about the human rights obligations of the United Kingdom in respect of the expulsion of people with HIV/AIDS ..."

  3. Chief Constable of South Wales Police v O'Brien [HL]

     • File size: 102kb

     • Matter: "appeal requires your Lordships to consider the circumstances in which evidence of 'similar facts' can be admitted in a civil suit ..."

  4. Das v Linden Mews Ltd [CAEW]

     • File size: 55kb

     • Matter: "The owners resisted those claims, claiming easements of way along the mews and easements to park their vehicles immediately adjacent to their respective properties."

  5. Lambretta Clothing Co Ltd v Teddy Smith (UK) Ltd [CAEW]

     • File size: 114kb

     • Matter: "His contribution was the choice of colours, the white stripes, and the size and positioning of the "Lambretta" logo – small on the front and large on the back. The shape of the garment itself was old ..."

  6. Derbyshire Waste Ltd v Blewett [CAEW]

     • File size: 217kb

     • Matter: "claim ... for judicial review, quashing on one of three grounds a planning permission ... to use land at the former Glapwell Colliery, ... for "land reclamation by waste disposal with restoration to agricultural, woodland, grassland and nature conservation"."

  7. Capewell v Sinclair [CAEW]

     • File size: 111kb

     • Matter: "application for the discharge of a receiver appointed pursuant to section 77(8) of the Criminal Justice Act 1988 ..."

  8. Knowles v Culmer [PC]

     • File size: 55kb

     • Matter: "applicants also sought by separate applications for judicial review an order quashing the instrument of appointment of Dr Bethel and declaring both that his appointment and the subsequent extradition proceedings were ultra varies and void."

  9. Ramsarran v Attorney General of Trinidad & Tobago [PC]

     • File size: 31kb

     • Matter: "[appellant] was arrested ... for non-payment of a fine, which had in fact been paid ... [T]he court made a declaration that he had been wrongfully deprived of his liberty, ... and awarded him damages, ... The judge held, however, that he was not entitled to the declarations ... that there had been a breach of his right to retain and instruct a legal adviser on his arrest and to be informed of his right to do so."

  10. 

      • File size: kb

      • Matter: ""

  11. Pacific National Investments Ltd v City of Victoria [SCC]

      • File size: 72kb

      • Matter: "appellant applied for building permits ... the local community objected, ... [T]he new City Council, ..., voted to down-zone the two water lots to permit only one-storey commercial buildings, ... The appellant complained that the down-zoning rendered development of its water lots uneconomical."

  12. O'Donnell v Tipperary (South Riding) County Council [SCIre]

      • File size: 50kb

      • Matter: "The High Court held that the contract of employment between the parties set up a relationship which was one of private law and a contractual relationship and that thus the relief of judicial review did not lie, ..."

  13. Koehler v Cerebos (Australia) Ltd [HCA]

      • File size: 80kb

      • Matter: "Five months after starting this work the appellant fell ill ... [F]urther consideration revealed that the appellant was suffering a psychiatric illness. Her work was a cause of that illness. Did the employer breach the duty of care it owed the appellant to provide her with a safe system of work?"

  14. Mulholland v Australian Electoral Commission [HCA]

      • File size: 506kb

      • Matter: "The first aspect under challenge is a limitation of entitlement to registration, or continuing registration, to political parties with at least 500 members, unless they have at least one Parliamentary representative ..."

  15. Behrooz v Secretary of the Department of Immigration [HCA]

      • File size: 349kb

      • Matter: "... appeal concerns the relevance, to a charge of escaping from immigration detention contrary to s 197A of the Migration Act 1958, of information about the general conditions at the place of detention from which the alleged offender escaped."

Part 7

• Case No.:

  1. Quintavalle v Human Fertilisation & Embryology Authority [HL]

     • File size: 73kb

     • Matter: "... if Mr. and Mrs. Hashmi's sperm and eggs are used to create IVF embryos which are then tested for beta thalassaemia ... and for tissue compatibility ..., they can know that the child Mrs. Hashmi conceives will have stem cells which could cure Zain. The question in this appeal is whether this can lawfully be done in the United Kingdom."

  2. Wilkinson v Her Majesty's Commissioners of Inland Revenue [HL]

     • File size: 58kb

     • Matter: "there is no way in which any reasonable reader could understand the word "widow" to refer to the more general concept of a surviving spouse. The contrary indications in the language of ... the 1988 Act are too strong. In my opinion ... it was not possible to read it compatibly with Convention rights."

  3. Z v Reg [HL]

     • File size: 126kb

     • Matter: "In an indictment ..., four defendants were charged with belonging "to a proscribed organisation, namely the Real Irish Republican Army", contrary to section 11(1) of the Terrorism Act 2000."

  4. 

     • File size: kb

     • Matter: ""

  5. DC v DPP [SCIre]

     • File size: 64kb

     • Matter: "The basic assumption to apply in relation to all pending trials is that they will be conducted fairly, ... However, in circumstances where there is a real or serious risk of an unfair trial the courts will intervene ... such a trial commence it will be stopped by the direction of the trial judge because of the real or serious risk of an unfair trial."

  6. Smithkline Beecham plc v Apotex Europe Ltd [CAEW]

     • File size: 152kb

     • Matter: "The primary attacks on validity were based on two prior published documents. The more important of these is UK patent application 85-26407 ... The other is US patent No. 2,864,817 ("the erythromycin patent") published in 1958 ..."

  7. 

     • File size: kb

     • Matter: ""

  8. Contact Energy Ltd v AG of New Zealand [PC]

     • File size: 43kb

     • Matter: "The dispute concerns the first part of the equation only. It comprises two elements. First, there is the figure of NZD2.225, being the base price of the gas for escalation purposes. Secondly, there is the factor, the PPI over the initial PPI, which is used to escalate the price as at the relevant Adjustment Date."

  9. Brown v Jamaica [PC]

     • File size: 87kb

     • Matter: "Both the Nissan and the police car, which was in close contact with it after the collision, went on fire. The two occupants of the Nissan, .., were killed, the appellant was seriously injured and his passenger Sergeant Christie also sustained injuries."

  10. Yeung v HKSAR [CFA]

      • File size: 200kb

      • Matter: "the appellants were engaged in a peaceful demonstration in exercise of their constitutional right. This appeal concerns the extent of their right to do so on a public highway and the scope of police powers to curtail a demonstration on the ground that such persons were causing an obstruction."

  11. Caron Belanger Ernst & Young Inc v Wise [SCC]

      • File size: 121kb

      • Matter: "whether directors of a corporation owe a fiduciary duty to the corporation's creditors comparable to the statutory duty owed to the corporation ... [W]e conclude that directors owe a duty of care to creditors, but that duty does not rise to a fiduciary duty ..."

  12. Quinn v Mid Western Health Board [SCIre]

      • File size: 93kb

      • Matter: "The respondent’s case quite simply was that all of the plaintiff’s brain damage was attributable to a severe insult to the brain which occurred, as a matter of probability, between 28 and 30 weeks of gestation and that no intervention by way of early delivery thereafter would have altered that situation."

  13. Min of Citizenship & Immigration v Mugesera [SCC]

      • File size: 281kb

      • Matter: "the content of the speech led the Rwandan authorities to issue the equivalent of an arrest warrant against Mr. Mugesera, who fled the country shortly thereafter. He found temporary refuge in Spain. On March 31, 1993, he applied for permanent residence in Canada for himself, his wife ..."

  14. NT Power Generation Pty Ltd v Power & Water Authority [HCA]

      • File size: 292kb

      • Matter: "NT Power requested that PAWA supply the electricity transmission and distribution infrastructure services needed for its plan to sell electricity to consumers in competition with PAWA. Though there was no safety, technical or other problem preventing PAWA from acceding to that request, ... PAWA rejected it."

  15. Applicants M276-2003 v Woolley [HCA]

      • File size: 380kb

      • Matter: "The applicants are ... children ... Neither they nor their parents had permission to enter Australia ... Section 189 [Migration Act 1958] provides that ... an officer must detain that person ... [T]he applicants and their parents were taken into immigration detention. The issue in the case concerns the lawfulness of the detention of the applicants."

Part 8

• Case No.:

  1. Re R; B v D (mother of R) [HL]

     • File size: 78kb

     • Matter: "That section provided that a child born to a married woman who had been artificially inseminated with the semen of some person other than the other party to her marriage was to be treated in law as the child of the parties to that marriage unless ..."

  2. Commissioner of Police for the Metropolis v Ward [HL]

     • File size: 48kb

     • Matter: "whether, when issuing a warrant under section 135 of the Mental Health Act 1983, a magistrate has power to impose a condition that the constable executing it should be accompanied by a particular approved social worker and/or medical practitioner ..."

  3. Re The Health (Amendment) (No 2) Bill 2004 [SCIre]

     • File size: 239kb

     • Matter: "... counsel submitted that the provisions of the Bill which require the making of regulations to ensure the future imposition of charges on persons for in-patient services consisting of maintenance are repugnant to Article 40.3.1 and 2 of the Constitution."

  4. Paul v Chief Constable of Humberside Police [CAEW]

     • File size: 72kb

     • Matter: "Mr. Paul claimed damages for false imprisonment and malicious prosecution, ... [The] judge ruled that there was sufficient evidence available to the police to arrest Mr. Paul and thereafter to charge him and detain him in police custody ..."

  5. Fal Oil Co Ltd v Petronas Trading Corporation Sdn Bhd [CAEW]

     • File size: 155kb

     • Matter: "whether Petronas had established on the balance of probabilities that the cargo loaded onto the Devon at the STS contained more than the permitted contractual maximum of 1% water and sediment and ..."

  6. Vitol Sa of Switzerland v Portolana Compania Naviera Ltd [CAEW]

     • File size: 84kb

     • Matter: "Mr. Phillips seeks to uphold the decision of the judge that there was no ‘breakdown’ but (if necessary) submits on behalf of the owners [of tanker] that the pipe was not ‘equipment’ or, if it was, that it was not ‘equipment in or about the plant of the consignee’."

  7. Chief Constable of Thames Valley Police v Taylor [CAEW]

     • File size: 87kb

     • Matter: "The action arose out of the arrest of the respondent ... He was only ten years old at the time and was a small boy, being only about 4 feet 9 inches tall. One of the issues at the trial was whether he was sufficiently informed of the reasons for his arrest by the arresting officer ..."

  8. Gulf Insurance Ltd v The Central Bank of Trinidad & Tobago [PC]

     • File size: 73kb

     • Matter: "Behind the scenes, however, there had been a running dispute between the new management ... and the Inspector of Banks, ... over whether TCB was presenting a true and fair view of its financial position."

  9. Campbell v Hamlet [PC]

     • File size: 46kb

     • Matter: "That the criminal standard of proof is the correct standard to be applied in all disciplinary proceedings concerning the legal profession, their Lordships entertain no doubt."

  10. Provincial Court Judges' Association of New Brunswick v Min of Justice [SCC]

      • File size: 218kb

      • Matter: "The concept of judicial independence has evolved over time ... This evolution is evident in the context of judicial remuneration."

  11. The Queen v Tessling [SCC]

      • File size: 79kb

      • Matter: "the limits on the ability of the State to put our homes under surveillance using sophisticated technology without first obtaining a judicial warrant based on reasonable and probable grounds that an offence has been committed."

  12. The S.F. Trust Ltd v Weir-Rodgers [SCIre]

      • File size: 44kb

      • Matter: "She had been sitting down with some friends close to the edge of a cliff ... admiring the sunset over the sea. When the respondent stood up from that position she lost her footing and fell down the edge of the cliff ..."

  13. Vigolo v Bostin [HCA]

      • File size: 161kb

      • Matter: "The appellant, an able-bodied adult son of the testator, and a man of substantial means, based his application, not upon financial need, but upon what was said to be a moral claim upon the testator's bounty, arising out of previous business and family dealings."

  14. Rich v Australian Securities & Investment Commission [HCA]

      • File size: 224kb

      • Matter: "That is why the privileges against exposure to penalties or forfeiture have been allowed in cases as diverse as those already mentioned and to cases of forfeiture of estate ..."

  15. Singh v Australia [HCA]

      • File size: 504kb

      • Matter: "The primary issue in this case is whether the plaintiff is an alien within the meaning of ... the Constitution."

Part 9

• Case No.:

  1. Hayter v Regina [HL]

     • File size: 150kb

     • Matter: "On the present appeal a point of law of general public importance arises about the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant."

  2. Spector v Norwegian Cruise Line Ltd [USSC]

     • File size: 102kb

     • Matter: "... whether Title III of the Americans with Disabilities Act of 1990 applies to foreign-flag cruise ships in United States waters. The Court of Appeals ... held Title III did not apply because of a presumption, ... that, absent a clear indication of congressional intent, general statutes do not apply to foreign-flag ships."

  3. City of Montreal v 2952-1366 Quebec Inc [SCC]

     • File size: 233kb

     • Matter: "appeal concerns the power of the city of Montréal to prohibit noise produced in the street by a loudspeaker located in the entrance of an establishment. Two arguments are raised, one based on the limits on the power to regulate and the other on the Canadian Charter of Rights and Freedoms ..."

  4. Dundon v Governor of Cloverhill Prison [SCIre]

     • File size: 128kb

     • Matter: "the applicant claims that time limits established under the European arrest warrant scheme have not been met by the judicial authorities in Ireland, and that as a consequence he is not in lawful custody and should be released ..."

  5. Howlin v Justice Morris [SCIre]

     • File size: 164kb

     • Matter: "Mr. Howlin, ... received confidential information ... in relation to alleged malfeasance on the part of certain members of the Garda Síochána which would be relevant to the inquiry conducted by the Sole Member. The Sole Member, however, considers it essential that the identity of the informant be disclosed to the tribunal ..."

  6. DPP v Gilligan [SCIre]

     • File size: 213kb

     • Matter: "the use of evidence in a trial from persons who were in a Witness Protection Programme. Is such evidence consistent with the rights of an accused? Is it consistent with constitutional due process? Is corroboration required? If corroboration is required what is the test?"

  7. 

     • File size: kb

     • Matter: ""

  8. The Audit Commission for England & Wales v Ealing L.B.C [CAEW]

     • File size: 65kb

     • Matter: "appeal concerns the way in which the Audit Commission for Local Authorities and the National Health Service in England and Wales exercises its powers under section 99 [local Government Act 2003] to categorise the performance of local authorities ..."

  9. Precis (521) plc v William M Mercer Ltd [CAEW]

     • File size: 149kb

     • Matter: "Mr. Andrew Sutcliffe QC, for Precis, submits that a duty of care arises whenever there is in law an assumption of responsibility and that, on the authorities, an assumption arises because Mercer provided information for a purpose made known to Mercer ..."

  10. Dr Eastwood v Wright [CAEW]

      • File size: 121kb

      • Matter: "Although after the operation she was seen by the defendant who told her of her "spasm" it is alleged that he negligently failed to warn her of the possibility of an adverse drug reaction in the future."

  11. Pellang v Federation des producteurs de volialles du Quebec [SCC]

      • File size: 117kb

      • Matter: "Over 25 years ago, this Court decided that a federal-provincial scheme with respect to the production and marketing of eggs was constitutional. André Pelland, a Quebec chicken farmer whose production is subject to a similar scheme, seeks a review of the scheme’s constitutionality."

  12. Bowman v Fels [CAEW]

      • File size: 207kb

      • Matter: "The claimant lived with the defendant for ten years ... in a house which was registered in the defendant’s sole name. After their relationship ended she asserted a right to a beneficial interest in the property arising out of a constructive trust."

  13. Filobake Ltd v Rondo Ltd [CAEW]

      • File size: 110kb

      • Matter: "Following installation and payment, Filobake came to the view that the equipment was not able to produce pastry in accordance with its requirements and was not fit for its intended purpose. It sought a declaration that it was entitled to reject the equipment, to the return of the purchase price ..."

  14. Peter Zhu v Treasurer of New South Wales [HCA]

      • File size: 249kb

      • Matter: "It is now not controversial that the Agency Agreement was breached when TOC purported to terminate it ... Nor is it now controversial that TOC was persuaded to commit that breach by ... the Sydney Organising Committee for the Olympic Games. SOCOG also interfered with the Agency Agreement in two other ways ..."

  15. Applicant NABD of 2002 v Min for Immigration [HCA]

      • File size: 206kb

      • Matter: "The appellant claimed that he had come to the attention of authorities in Iran because of an interest in Christianity and that he fled Iran secretly without a passport. He then spent about seven months in Indonesia during which time he claimed he further explored Christianity resulting in his baptism in West Timor."