Part 1

• Case No.:

  1. A v Sec of State for the Home Dept [HL]

     • File size: 304kb

     • Matter: "May the Special Immigration Appeals Commission ... receive evidence which has or may have been procured by torture inflicted, in order to obtain evidence, by officials of a foreign state without the complicity of the British authorities?"

  2. Davidson v Scottish Ministers [HL]

     • File size: 140kb

     • Matter: "English courts have power to make coercive orders, prohibitory and mandatory, against ministers of the Crown ... [W]hether, in the context of judicial review proceedings, Scottish courts have similar jurisdiction in respect of Scottish Ministers ..."

  3. PF Sugrue Ltd v AG of NZ [PC]

     • File size: 50kb

     • Matter: "New Zealand has found it necessary to exercise control in respect of its wildlife, in particular the deer population, in order to reduce damage to farming and to the environment and to conserve the population by preventing undue depletion."

  4. Metro-Goldwyn-Mayer Studios Inc v Grokster Ltd [USSC]

     • File size: 134kb

     • Matter: ".... under what circumstances the distributor of a product capable of both lawful and unlawful use is liable for acts of copyright infringement by third parties using the product."

  5. McCreary County v ACLU of Kentucky [USSC]

     • File size: 174kb

     • Matter: "Executives of two counties posted a version of the Ten Commandments on the walls of their courthouses. After suits were filed charging violations of the Establishment Clause, the legislative body of each county adopted a resolution calling for a more extensive exhibit meant to show that the Commandments are Kentucky’s “precedent legal code,” ...."

  6. Herbst v Germany [ECHR]

     • File size: 65kb

     • Matter: "applicant complained that the length of the proceedings from the lodging of his claim with the Administrative Court ... until the passing of the final judgment ... had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1 of the Convention."

  7. RWC v Canada [SCC]

     • File size: 106kb

     • Matter: "R.W.C. had no previous convictions ... He was 13 years old at the time. Assault with a weapon is one of the offences for which the trial court must make an order permitting DNA samples to be taken ... unless the ... effect of doing so would be “grossly disproportionate to the public interest” [s. 487.051(2), Criminal Code, R.S.C. 1985]"

  8. I.R. Coelho v State of Tamil Nadu [SCInd]

     • File size: 182kb

     • Matter: "... post-1973, it is impermissible to immunize Ninth Schedule laws from judicial review ... Such a course, ..., is incompatible with the doctrine of basic structure. The existence of power to confer absolute immunity is not compatible with the implied limitation upon the power of amendment"

  9. Shiu Wing Steel Ltd v Director of Environmental Protection [CFA]

     • File size: 193kb

     • Matter: "Within the steel mill, extremely hot processes are carried out and hot steel is stored. SWS was concerned about the construction of a fuel farm so close to the mill ... where a conflagration would be a great danger to life and property."

  10. Brady v Judge G Haughton [SCIre]

      • File size: 393kb

      • Matter: "appellant challenges the lawfulness of certain procedures [pursuant to s. 51, Criminal Justice Act 1994] giving effect to a request received from the Crown Prosecutions Service of the UK for assistance in obtaining evidence in the State in connection with a criminal investigation ... in the UK"

  11. Van der Merwe v Taylor [CCZA]

      • File size: 212kb

      • Matter: "This case concerns the right to claim the return of property, in the light of the Constitution, following its seizure by the State. Specifically, the case is about the seizure of a large sum of foreign currency ..."

  12. Ajay Goswami v Union of India [SCInd]

      • File size: 121kb

      • Matter: "The petitioner's grievance is that the freedom of speech and expression enjoyed by the newspaper industry is not keeping balance with the protection of children from harmful and disturbing materials."

  13. Eastern Services Ltd v No 68 Ltd [NZSC]

      • File size: 55kb

      • Matter: "Equity has been most reluctant to accept that an equitable interest in land could be "lost or destroyed by mere inaction" (Fitzgerald v Masters at 433, per Dixon CJ and Fullagar J), ..."

  14.  

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      • Matter: ""

  15. Harriton v Stephens [HCA]

      • File size: 324kb

      • Matter: "... this Court decided that the parents of an unplanned child, born following the negligence of a medical practitioner, could claim damages for the cost of raising that child. This type of action has become known as an action for "wrongful birth" ..."

Part 2

• Case No.:

  1. Deep Vein Thrombosis & Air Travel Group Litigation v British Airways [HL]

     • File size: 153kb

     • Matter: "As long ago as 1976 a passenger claimed to have suffered from deep vein thrombosis brought about by a long distance flight. But the Supreme Court of New York held that the condition had not been caused by an article 17 "accident" and the passenger's damages claim failed."

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

     • File size: 91kb

     • Matter: "[Art.6 of the European Convention] guarantees a fair trial to a defendant on the determination of a criminal charge ... This is a right which member states undertake to secure ... [W]hile the overall fairness of a trial cannot be compromised, the constituent rights within article 6 are susceptible to limited qualification ..."

  3. Jagdeo Singh v Trinidad & Tobago [PC]

     • File size: 48kb

     • Matter: "In section 2 [Prevention of Corruption Act 1987], "agent" is defined to include "any person serving under the State or other public body or holding a public office", a definition plainly apt to describe a magistrate or a police corporal ..."

  4. National Cable & Telecommunications Association v Brand X Internet Services [USSC]

     • File size: 124kb

     • Matter: "At issue in these cases is the proper regulatory classification under the Communications Act of broadband cable Internet service. The Act, ..., defines two categories of regulated entities relevant to these cases: telecommunications carriers and information-service providers."

  5. IBP, Inc v Alvarez [USSC]

     • File size: 54kb

     • Matter: "with respect to activities of employees who must don protective clothing on the employer’s premises ... [W]hether the time employees spend walking between the changing area and the production area is compensable under the FLSA"

  6. Kuznetsiv v Russia [ECHR]

     • File size: 136kb

     • Matter: "In the applicants' submission, ... [the] Chairwoman of the regional Human Rights Commission, had attempted ... to initiate criminal proceedings against the Chelyabinsk community of Jehovah's Witnesses on the ground that the community had “lured” young children into their “sect”."

  7. AG of Canada v AG of Quebec [SCC]

     • File size: 111kb

     • Matter: "Does Parliament have the constitutional authority to grant maternity benefits and parental benefits to individuals who take time off work to give birth to or care for a child?"

  8. N.M. Chan v Hong Kong SAR [CFA]

     • File size: kb

     • Matter: "what matter constitutes a “copy” capable of distribution; and when conduct is capable of constituting “distribution”. These questions arise in the context of the unlicensed dissemination of copyright films via the internet using technology known as “BitTorrent” technology ..."

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     • Matter: ""

  10. Egan v O'Toole [SCIre]

      • File size: 89kb

      • Matter: "... this motion was a fishing expedition. The request for a stay in the circumstances was inappropriate ... Further, the documents sought which have not been produced were not ‘deployed’ in the proceedings and so privilege was not waived."

  11. 

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      • Matter: ""

  12. State of Karnataka v Balaji Computers [SCInd]

      • File size: 64kb

      • Matter: "... we are confining our judgment to the main controversy in the case regarding liability of the respondents to pay the turnover tax on parts of computer and computer peripherals."

  13. Dr. C v Complaints Assessment Committee [NZSC]

      • File size: 199kb

      • Matter: "appeal concerns compulsory disclosure of medical records in disciplinary proceedings under the Medical Practitioners Act 1995. The chairperson of the Medical Practitioners Disciplinary Tribunal made directions for disclosure of the records ...."

  14.  

      • File size: kb

      • Matter: ""

  15. Hutchison 3G Australia Pty Ltd v City of Mitcham [HCA]

      • File size: 155kb

      • Matter: "present litigation concerns interaction between the Telco Act and legislation of South Australia. Whilst s 109 of the Constitution appears to have been invoked in ... the Supreme Court of South Australia, this was not decisive in the result reached there."

Part 3

• Case No.:

  1. Kent County Council v G [HL]

     • File size: 110kb

     • Matter: "This appeal raises an important question about the extent of the court's power under section 38(6) [Children Act 1989] to give directions for the "medical or psychiatric examination or other assessment of the child.""

  2. Armas v Office of the King's Prosecutor, Brussels [HL]

     • File size: 112kb

     • Matter: "It is not unusual for those facing prosecution or imprisonment in one country to take refuge in another .... Procedures have long existed enabling the first country to seek the surrender of the fugitive .... But the procedures established by bilateral treaty have in the past been characterised by technicality and delay ..."

  3. Smith v The Queen [PC]

     • File size: 53kb

     • Matter: "... whether the offence of which the appellant was convicted was capital murder within the meaning of section 2(1)(d)(ii) of the Offences against the Person Act 1864 ..."

  4. Schaffer v Weast [USSC]

     • File size: 66kb

     • Matter: "Under IDEA, school districts must create an “individualized education program” (IEP) for each disabled child. If parents believe their child’s IEP is inappropriate, they may request an “impartial due process hearing.” The Act is silent, however, as to which party bears the burden of persuasion ..."

  5. Wagnon v Prairie Bank Potawatomi Nation [USSC]

     • File size: 94kb

     • Matter: "The Nation maintains that ... the Kansas motor fuel tax is an impermissible affront to its sovereignty. The Court of Appeals agreed, holding that the application of the Kansas tax to fuel received by a non-Indian distributor, but subsequently delivered to the Nation, was invalid under the interest-balancing test ..."

  6.  

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     • Matter: ""

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     • Matter: ""

  8. Official Receiver and Trustee in Bankruptcy v W.H. Chan [CFA]

     • File size: 106kb

     • Matter: "appeals are concerned with a statutory provision which relates to the extension of the prescribed period in circumstances where the bankrupt leaves Hong Kong without notifying his trustee."

  9. Ramkripal v State of Madhya Pradesh [SCInd]

     • File size: 23kb

     • Matter: "What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive."

  10. TS v Director of Public Prosecutor [SCIre]

      • File size: 43kb

      • Matter: "allegations of sexual abuse made after a long period of time, have perhaps predictably given rise to a great deal of anxious legal debate ... The principles ... in [PC v DPP [1999] 2 IR 25] ... have involved the sort of compromise that is perhaps inescapable when two strong and competing rights are in issue."

  11. Shinga v South Africa [CCZA]

      • File size: 126kb

      • Matter: "The interaction between this Court and Parliament concerning the constitutional validity of the criminal appeal procedure in respect of judgments of the Magistrates’ Courts has spanned more than ten years. This is the third occasion"

  12. Doiwala Sehkari Shram Samvida Samiti Ltd v State of Uttaranchal [SCInd]

      • File size: 76kb

      • Matter: "... appellant ... submitted that the High Court has failed to appreciate that the State in exercise of its executive powers cannot put a complete and general ban of mining of all minor mineral by private persons ... [T]hat the complete and general ban of mining of all minor mineral by private persons would require legislative sanction."

  13. Condon v The Queen [NZSC]

      • File size: 151kb

      • Matter: "The question of miscarriage arising from lack of legal representation for an accused who faces a sentence of imprisonment if convicted has, as one might expect, been the subject of much judicial consideration in other jurisdictions, as well as in earlier New Zealand cases."

  14.  

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      • Matter: ""

  15. Koroitamana v Commonwealth of Australia [HCA]

      • File size: 102kb

      • Matter: "The applicants were born in Australia .... Their parents are citizens of Fiji. Under the Constitution of Fiji, the applicants may become citizens of Fiji by registration, but no application for registration has been made by them or on their behalf. Neither applicant is an Australian citizen."

Part 4

• Case No.:

  1. Percy v Church of Scotland [HL]

     • File size: 201kb

     • Matter: "... whether Ms Percy's relationship with the church constitutes 'employment' as defined in section 82(1) of the Sex Discrimination Act 1975 ... whether Ms Percy's discrimination claim constitutes a spiritual matter within section 3 of the Church of Scotland Act 1921 ..."

  2. HM Commissioners of Customs & Excise v College of Estate Management [HL]

     • File size: 72kb

     • Matter: "The College contend, ... that they supply education ... that they also supply the students with books ... By virtue of section 30(1), the supply of the printed materials should therefore be treated as a taxable supply ..."

  3. Blakes Estates Ltd v Government of Montserrat [PC]

     • File size: 75kb

     • Matter: "The method of assessment of compensation for compulsory acquisition was prescribed by section 19 of the Land Acquisition Act ..."

  4. Hurnam v Mauritius [PC]

     • File size: 91kb

     • Matter: "... whether an unconvicted suspect or defendant should be released on bail, subject to conditions, pending his trial. Such decisions very often raise questions of importance both to the individual suspect or defendant and to the community as a whole."

  5. Central Virginia Community College v Katz [USSC]

     • File size: 105kb

     • Matter: "Constitution provides that Congress shall have the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” ... [W]hether this Clause gives Congress the authority to abrogate States’ immunity from private suits."

  6.  

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     • Matter: ""

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     • Matter: ""

  8. World Fuel Services (Singapore) Pte Ltd v Florens Container Inc [CFA]

     • File size: 48kb

     • Matter: "The appeal concerns costs against persons who fund litigation by providing some or all of the funds for it. We will refer to such persons as “funders”. Section 52A of the High Court Ordinance, Cap.4, provides as follows ..."

  9.  

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     • Matter: ""

  10. Fennessy v Walshe [SCIre]

      • File size: 116kb

      • Matter: "appeal ... against the ruling of the High Court ... which determined that the arrest of the plaintiffs ... and their subsequent detention was unlawful, and against the award of damages ..."

  11. Marshall v Marshall [USSC]

      • File size: 75kb

      • Matter: "The Court is content to adopt ... Ankenbrandt v Richards, 504 U. S. 689 (1992), and to accept as foundation for the probate exception Markham’s bald assertion that the English High Court of Chancery’s jurisdiction did not “extend to probate matters” ..."

  12. Jagjit Singh v State of Haryana [SCInd]

      • File size: 140kb

      • Matter: "... petitions challenge the legality of orders passed by the Speaker of Haryana Legislative Assembly disqualifying petitioners from being members of the Assembly."

  13. Chamberlains v Lai [NZSC]

      • File size: 315kb

      • Matter: "Access to the courts for vindication of legal right is part of the rule of law. Immunity from legal suit where there is otherwise a cause of action is exceptional."

  14.  

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      • Matter: ""

  15. Nudd v The Queen [HCA]

      • File size: 206kb

      • Matter: "... appellant was convicted of being knowingly concerned in the importation into Australia of cocaine. He was sentenced to a lengthy term of imprisonment. He says that his conviction involved a miscarriage of justice, and blames his trial counsel."

Part 5

• Case No.:

  1. Bradford & Bingley plc v Rashid [HL]

     • File size: 135kb

     • Matter: "whether a letter containing an acknowledgement of a debt for the purposes of ... the Limitation Act 1980 [s.29(5)] is inadmissible on the ground that the letter formed part of a negotiation with a view to the creditor giving the debtor time to pay or accepting a lesser amount"

  2. DPP v Collins [HL]

     • File size: 49kb

     • Matter: "By ... the Communications Act 2003 [s.127] it is an offence to send a message that is grossly offensive by means of a public electronic communications network."

  3. Douglas v Hello! Ltd [HL]

     • File size: 362kb

     • Matter: "appeals are principally concerned with claims in tort for economic loss caused by intentional acts."

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  8. P v Commissioner of the ICAC [CFA]

     • File size: 79kb

     • Matter: "The need for independent scrutiny by the courts provides protection for the citizen against the unjustified use of the special investigatory powers. This appeal raises questions of principle concerning the special investigatory power in s. 14(1)(d) of the Prevention of Bribery Ordinance"

  9. Directorate of Film Festivals v Gaurav [SCInd]

     • File size: 58kb

     • Matter: "When a film maker complains of discrimination on the ground that films made by Film Institutes and films entered by Doordarshan have been exempted from the requirement of certification, and claims similar exemption, the question that requires examination is whether the exemption that has been granted to Film Institutes and Doordarshan is legal."

  10. Veuve Clicquot Ponsardin, Maison Fondee en 1772 v Boutiques Cliquot Ltee, Mademmoiselle Charmante Inc [SCC]

      • File size: 128kb

      • Matter: ""

  11. Scrollside Ltd v Broadcasting Commission of Ireland [SCIre]

      • File size: 113kb

      • Matter: "Scrollside Ltd, ... seeks an order determining that the High Court erred in refusing to quash the decision of the Broadcasting Commission of Ireland, the respondent, ... granting a sound broadcasting contract for the operation of an alternative rock music broadcasting service ..."

  12. Northern Insurance Co of New York v Chatham County [USSC]

      • File size: 25kb

      • Matter: "The County conceded that Eleventh Amendment immunity did not extend to counties, but nonetheless contended that it was immune under “the universal rule of state immunity from suit without the state’s consent.”"

  13.  

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      • Matter: ""

  14. Tully v The Queen [HCA]

      • File size: 232kb

      • Matter: ""

  15. A v New South Wales [HCA]

      • File size: 255kb

      • Matter: ""

Part 6

• Case No.:

  1. Coutts v Reg [HL]

     • File size: 187kb

     • Matter: "Evidence was adduced at the trial which would have enabled a rational jury, ..., to convict him of manslaughter. But the trial judge, with the support of the prosecution and the consent of the defence, did not leave an alternative count of manslaughter to the jury. He directed the jury that they should convict of murder if satisfied that the appellant had committed that offence and, if not so satisfied, acquit."

  2. Down Lisburn Health and Social Services Trust and another

     • File size: 147kb

     • Matter: "The issue before us is the use of the procedure to free a child for adoption and to dispense with parental consent in a case where some continued contact may well be in the child's best interests"

  3. Peart v Jamaica [PC]

     • File size: 106kb

     • Matter: "The Judges’ Rules constitute a striking example of judge-made law. Although classed formally as administrative directions for the guidance of police officers interviewing suspects, they were afforded over time a higher status, ... They have been replaced in England and Wales by the provisions of Code C ... This appeal concerns the status of the Judges’ Rules,"

  4. Edwards v Jamaica [PC]

     • File size: 52kb

     • Matter: "The decision ... in R v Turnbull [1977] QB 224 contained a timely direction of the attention of courts in cases turning on the identification of a suspect by a witness to the importance of careful assessment by trial judges of the reliability of the evidence of identification and equally careful direction of juries in their approach to that evidence."

  5.  

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  7. Road Accident Fund v Mdeyide [CCZA]

     • File size: 73kb

     • Matter: "the Prescription Act, similarly to the common law, protects persons under disability from the consequences of the running of prescription, by delaying its completion until at least a year had elapsed after the disability in question had ceased to exist."

  8. Hong Kong SAR v C.W. Hung [CFA]

     • File size: 101kb

     • Matter: "ss 47(1) and 47(2) (Dangerous Drugs Ordinance, Cap. 134) properly interpreted by a process of remedial interpretation impose only evidential burdens on the defendant. That being so, the relevant provisions are constitutionally valid."

  9. Aashirwad Films v Union of India [SCInd]

     • File size: 46kb

     • Matter: "The purported classification only on the basis of language without anything more and in particular having regard to the difference in the rate of tax, in our opinion is ex-facie arbitrary. The burden was, therefore, on the State to show that the imposition was justified."

  10. Wildgust v Bank of Ireland [SCIre]

      • File size: 137kb

      • Matter: "This case raises an important point of law concerning ... negligent misstatement ... [W]hether a claimant, under the principles of ... Hedley Byrne ... may recover damages in circumstances where he is not the person to whom a negligent misstatement is addressed, has not relied upon it, but nonetheless has suffered loss and damage ..."

  11. Garcetti v Ceballos [USSC]

      • File size: 110kb

      • Matter: "... “a State cannot condition public employment on a basis that infringes the employee’s constitutionally protected interest in freedom of expression” ... [W]hether the First Amendment protects a government employee from discipline based on speech made pursuant to the employee’s official duties."

  12. S.D. Warren Co v Maine Board of Environmental Protection [USSC]

      • File size: 50kb

      • Matter: "whether operating a dam to produce hydroelectricity “may result in any discharge into the navigable waters” of the United States. If so, a federal license under §401 of the Clean Water Act requires state certification that water protection laws will not be violated"

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  15. Clayton v The Queen [HCA]

      • File size: 163kb

      • Matter: "Three applicants asked this Court to grant special leave to permit the simplification, rationalisation and re-expression of the Australian common law principles governing accessorial liability on the basis of an extended common purpose on the part of secondary offenders"

Part 7

• Case No.:

  1. Child Support Agency v Farley [HL]

     • File size: 43kb

     • Matter: "Child Support Act 1991 ... introduced a new child maintenance scheme ... to provide an effective, cheap and speedy means to enforce parental support obligations. Another aim, of considerable importance, was to reduce dependence on social security and the cost to the taxpayer"

  2. Wall Street Journal Europe Sprl v Jameel [HL]

     • File size: 210kb

     • Matter: "The first concerns the entitlement of a trading corporation ... to sue and recover damages without pleading or proving special damage. The second concerns the scope and application of what has come to be called Reynolds privilege ..."

  3. Suisse Security Bank & Trust Ltd v Francis [PC]

     • File size: 117kb

     • Matter: "The Governor ... gave notice that ... the licence should be revoked on the ground that SSBT was carrying on its business in a manner detrimental to the public interest and to the interests of its depositors and other creditors"

  4. Mauritius v Khoyratty [PC]

     • File size: 75kb

     • Matter: "... Parliament passed the Dangerous Drugs Act which contained a prohibition on the grant of bail in respect of specific offences. In Nordally v Attorney General [1986] MR 204 the Supreme Court held that this statute was inconsistent with the Constitution."

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  7. NM v Smith [CCZA]

     • File size: 231kb

     • Matter: "a biography of Ms Patricia de Lille ... was published ... The names of three women who are HIV positive were disclosed. They alleged that their names had been published in the book without their prior consent ..."

  8. Kim Eng Securities (Hong Kong) Ltd v Commissioner of Inland Revenue [CFA]

     • File size: 122kb

     • Matter: "Two aspects of revenue law are before the Court. The first is the oft-litigated one of whether profits are of Hong Kong source so as to be taxable here or of foreign source so as not to be taxable here."

  9. Udai Singh v Union of India [SCInd]

     • File size: 118kb

     • Matter: "the declaration that the non-graduate Veterinary Practitioners who are registered under the Maharashtra Veterinary Practitioners Act, 1971 are eligible to practice ..."

  10. A Applicant v Governor of Arbour Hill Prison [SCIre]

      • File size: 368kb

      • Matter: "That section has been declared unconstitutional ... That means, ... the provision was never the law in the State ... That means it is deemed not to have been the law at the time of his conviction and sentence ..."

  11. House v Bell [USSC]

      • File size: 136kb

      • Matter: "Out of respect for the finality of state-court judgments federal habeas courts, as a general rule, are closed to claims that state courts would consider defaulted. In certain exceptional cases involving a compelling claim of actual innocence, however, the state procedural default rule is not a bar to a federal habeas corpus petition."

  12. eBay Inc v MercExchange LLC [USSC]

      • File size: 30kb

      • Matter: "Ordinarily, a federal court considering whether to award permanent injunctive relief to a prevailing plaintiff applies the four-factor test historically employed by courts of equity. Petitioners ... argue that this traditional test applies to disputes arising under the Patent Act. We agree ..."

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  15. Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [HCA]

      • File size: 240kb

      • Matter: "This concerned the freedom of Concrete Pty Limited ("Concrete") to use the architectural plans and drawings in question without infringing copyright subsisting in them as original artistic works,"

Part 8

• Case No.:

  1. Guy's & St. Thomas' NHS Trust v Majrowski [HL]

     • File size: 106kb

     • Matter: "The Protection from Harassment Act 1997 prohibits harassment ... The question raised by this appeal is whether an employer is vicariously liable for harassment committed by an employee in the course of his employment."

  2. Sutradhar v Natural Environment Research Council [HL]

     • File size: 70kb

     • Matter: "whether the claimant, ... has a reasonable prospect of success in an action against the Natural Environment Research Council for negligence in issuing a geological report which he says induced the health authorities in Bangladesh not to take steps which would have ensured that his drinking water was not contaminated by arsenic."

  3. Trinidad & Tobago v Boyce [PC]

     • File size: 41kb

     • Matter: "Boyce was charged with manslaughter .... He put forward two defences. The first was ... self-defence. The second was that the blow had not been a cause of Johnson’s death, which was attributable instead to ... the insertion of a feeding tube into the lung instead of the stomach and the temporary failure of the ventilator"

  4. Tyack v Mauritius [PC]

     • File size: 63kb

     • Matter: "He was charged ... of conspiracy to defraud, ... He pleaded guilty ... and the Presiding Magistrate sentenced him to three years’ penal servitude ... His appeal to the Supreme Court of Mauritius was dismissed and he has appealed ... to the Privy Council, on the ground that the sentence imposed was wrong in principle and manifestly excessive"

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  8. David Y.W. Ho v K.H. Mak [CFA]

     • File size: 131kb

     • Matter: "While there was a dispute as to what precise legal rights the defendant had contracted to acquire for the money paid, that did not ultimately matter. Whatever form the investment was intended to take, it was, ... an investment which was contingent upon the intended listing. No listing having occurred, no legal basis exists for the defendant retaining the money."

  9. Sri Baragur v State of Karnataka [SCInd]

     • File size: 64kb

     • Matter: "The Court ... held that an order under Section 95 of the Code was justified if it appeared to the State Government that the published material contained objectionable matter and that such matter was maliciously intended to promote feelings of enmity and hatred ..."

  10. Atanasov v Refugees Appeal Tribunal [SCIre]

      • File size: 64kb

      • Matter: "... a point of great importance namely, whether an appellant before the Refugee Appeals Tribunal is legally and/or constitutionally entitled to access previous decisions of the Tribunal in which similar and, therefore, relevant issues of law arose."

  11. Brigham City v Stuart [USSC]

      • File size: 34kb

      • Matter: "... whether police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury. We conclude that they may."

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  15. Leichhardt Municipal Council v Montgomery [HCA]

      • File size: 265kb

      • Matter: "A conclusion that, in given circumstances, a defendant who is sued in negligence owed a duty going beyond a duty to exercise reasonable care to avoid injury to a plaintiff, and extending to a duty to ensure that reasonable care to avoid injury to the plaintiff was exercised, is commonly described as a conclusion that a defendant was under a non-delegable duty of care to a plaintiff."

Part 9

• Case No.:

  1. Laporte v Chief Constable of Gloucestershire [HL]

     • File size: 254kb

     • Matter: "appeal by ... raise important questions on the right of the private citizen to demonstrate against government policy and the powers of the police to curtail exercise of that right. "

  2. Barker v London Borough of Bromley [HL]

     • File size: 108kb

     • Matter: "whether the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 fully and properly implemented the terms of Council Directive 85/337/EEC ... on the assessment of the effects of certain public and private projects on the environment"

  3. Bobb v Manning [PC]

     • File size: 45kb

     • Matter: "There was an impasse. Section 77(1) of the Constitution provides for the resignation of a Prime Minister or the dissolution of Parliament if the House passes a resolution supported by the votes of a majority of all the members of the House declaring that it has no confidence in the Prime Minister. But no such resolution was passed: ..."

  4. Cambridge Gas Transport Corporation v The Official Committee of Unsecured Creditors [PC]

     • File size: 40kb

     • Matter: "The business was, as is frequently the case, held through offshore companies incorporated in various jurisdictions. The ships, registered in Liberia, were owned and managed by a group of Isle of Man companies, each ship owned by a separate subsidiary of a management company and all the shares in the management company held by a holding company, Navigator Holdings plc."

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  8. Mariner International Hotels Ltd v Atlas Ltd [CFA]

     • File size: 114kb

     • Matter: "that practical completion is not a condition precedent to completion of the purchase and that by “practical completion” clause 2.01(b) means no more than a state of affairs in which the Hotel is capable of being opened for business even though works are still being continued."

  9. Haridas Das v Usha Rani Banik [SCInd]

     • File size: 53kb

     • Matter: ""Judge bashing" and using derogatory and contemptuous language against Judges has become a favourite pastime of some people. These statements tend to scandalize and lower the authority of the Courts and can not be permitted ..."

  10. C.C. v Attorney General of Ireland [SCIre]

      • File size: 89kb

      • Matter: "[Counsel] pointed out that as the law stands, a defendant, ..., will find himself without a defence even if he were positively convinced by the girl herself that she was over the statutory age, and had objectively reasonable grounds for believing it."

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  15. Min for Immigration v QAAH of 2004 [HCA]

      • File size: 224kb

      • Matter: "whether an entrant to Australia, who has been granted a temporary protection visa, is, on its expiry, and notwithstanding benign changes in the conditions of the country from which he fled, entitled under Australian law to assert that he continues to be a person to whom Australia owes protection obligations."

Part 10

• Case No.:

  1. Tweed v Parades Commission for Northern Ireland [HL]

     • File size: 108kb

     • Matter: "whether discovery of five documents held by the Parades Commission should be ordered for purposes of Mr. Tweed's application for judicial review, to the extent that such application turns on a proportionality argument under the Human Rights Act 1998 ..."

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

     • File size: 216kb

     • Matter: "The second appellant was born in Sierra Leone ... She arrived in the United Kingdom ... and claimed asylum. The basis of her claim was that, if returned to Sierra Leone, she would be at risk of subjection to female genital mutilation"

  3. Re A: Mother of child v Father [HL]

     • File size: 123kb

     • Matter: "whether the father had rights of custody within the meaning of article 5 of the Hague Convention which were breached by the mother when she removed the child to England from Romania ..."

  4. Attorney General of Cayman Islands v James Cleaver & Co [PC]

     • File size: 91kb

     • Matter: "The background to the Grand Court’s decision to sit en banc was judicial concern to ensure that the fees charged by insolvency practitioners in Cayman Island insolvencies and liquidations were and could be seen to fair and reasonable - having regard, ..., to the Cayman Islands’ position as one of the world’s largest financial centres ...,"

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  7. Fuel Retailers Assocition of South Africa v Director General of Environmental Management [CCZA]

     • File size: 163kb

     • Matter: "This case raises an important question concerning the obligation of state organs when making decisions that may have a substantial impact on the environment ... [I]t concerns the nature and scope of the obligation to consider socio-economic conditions"

  8. T.H. Leung v The Incorporated Owners of Kwok Wing House [CFA]

     • File size: 139kb

     • Matter: "A defendant may be held liable for public nuisance on the basis of his positive act or his omission. The present case has been approached on the basis of an omission on the part of the incorporated owners [of residential flat]."

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  10. Dunne v Min for Environment, Heritage & Local Government [SCIre]

      • File size: 103kb

      • Matter: "Section 8 [National Monuments (Amendment) Act, 2004] introduced a special provision in relation to the ... M50 C-Ring motorway ... with a view to facilitating the completion of works at ... an archaeological site at Carrickmines Castle ... [W]hether that section offends Articles 5, 10, 15 and 40 of the Constitution, ..."

  11. Arlington Central School District Board of Education v Murphy [USSC]

      • File size: 102kb

      • Matter: "Individuals with Disabilities Education Act provides that a court “may award reasonable attorneys’ fees as part of the costs” ... [W]hether this fee-shifting provision authorizes prevailing parents to recover fees for services rendered by experts ... We hold that it does not."

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Part 11

• Case No.:

  1. Secretary of State for Defence v Al-Skeini [HL]

     • File size: 223kb

     • Matter: "These proceedings arise from the deaths of six Iraqi civilians, and the brutal maltreatment of one of them causing his death, in Basra. ... [A] close relative of the deceased has applied in the High Court in London for an order of judicial review against the Secretary of State for Defence, seeking to challenge his refusal to order an independent enquiry ..."

  2. Scottish Ministers v Beggs [HL]

     • File size: 66kb

     • Matter: "On a number of occasions, ... letters from the respondent's legal advisers and from the Commissioner were opened by prison officers ... even though, as the Scottish Ministers admit, they should not have been. Although the respondent received official apologies ... the incidents continued ..."

  3. HSBC Bank Middle East v Clarke [PC]

     • File size: 70kb

     • Matter: "joint liquidators took out a summons asking the court to determine various questions, the first being as to the rights attaching to the various classes of shares issued by the company."

  4. Wheatley v The Commissioner of Police of the British Virgin Islands [PC]

     • File size: 51kb

     • Matter: "appellants were tried ... on four charges of theft contrary to section 209(a) of the Criminal Code [of the British Virgin Islands], four charges of conflict of interest on the part of a public officer contrary to section 82 of the Criminal Code and two charges of fraud and breach of trust."

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  7. Dept of Environment v HTF Developers (Pty) Ltd [CCZA]

     • File size: 99kb

     • Matter: "whether ... s 31A [Environment Conservation Act] is subject to the notice and comment procedure ... [T]the provision was not interpreted in line with the spirit, purport and objects of the Bill of Rights"

  8. Y.P. Mo v HKSAR [CFA]

     • File size: 102kb

     • Matter: "The important question in this appeal ... is “whether the offence of conspiracy to defraud is formulated with sufficient precision to be an offence ‘prescribed by law’ in the Basic Law or ‘according to law’ in the Bill of Rights Ordinance.""

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  10. H v DPP [SCIre]

      • File size: 95kb

      • Matter: "... the appeal was relisted for the purpose of full submissions on the developing jurisprudence relating to the restraint of trials for sexual offences against children by reason of the passage of time."

  11. Beard v Banks [USSC]

      • File size: 98kb

      • Matter: "whether a Pennsylvania prison policy that “denies newspapers, magazines, and photographs” to a group of specially dangerous and recalcitrant inmates “violate[s] the First Amendment.”"

  12. Burlington Northern & Santa Fe Railway Co v White [USSC]

      • File size: 76kb

      • Matter: "We conclude that the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace. We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant."

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  15. STCB v Minister for Immigration [HCA]

      • File size: 138kb

      • Matter: "His application [for protection visa] was based on the claim that ... his grandfather had killed a member of the Paja family; that the Paja family was therefore obliged by the customary law of Albania ... to kill a male member of the appellant's family; ..."

Part 12

• Case No.:

  1. Belfast City Council v Miss Behavin' Ltd [HL]

     • File size: 129kb

     • Matter: "The effect of these rather convoluted provisions is that a council may refuse a licence for a sex shop in any locality on the ground it does not consider it appropriate to have sex shops in that locality."

  2. Boake Allen Ltd v Her Majesty's Revenue & Customs [HL]

     • File size: 61kb

     • Matter: "... the Income and Corporation Taxes Act 1988 [s.247], ... recognised the unity of a group of companies which are in law separate persons but economically a single enterprise. It provided that a parent and subsidiary, both resident in the United Kingdom, could jointly elect that the subsidiary would pay dividends free of ACT and the parent would receive them without the benefit of a tax credit."

  3. McLachlan v Mercury Geotherm Ltd [PC]

     • File size: 43kb

     • Matter: "the issues before the Board are in quite a small compass, focusing on the correct construction of a right of pre-emption in clause 16.1 of the master agreement, and on whether (if clause 16.1 does not get the appellants home) they can achieve the same or a similar result by relying on an implied duty of good faith."

  4. Mohit v DPP [PC]

     • File size: 61kb

     • Matter: "whether a decision by the DPP of Mauritius to discontinue a private prosecution, in exercise of his powers under [the Constitution, section 72(3)(c)], is in principle susceptible to review by the courts ... [The] Supreme Court held that it was not,"

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  8. H.W. Oei v HKSAR [CFA]

     • File size: 162kb

     • Matter: "Where the prosecution seeks to prove a conspiracy against A and B and where B is not before the court, are documentary records which are seized from B’s premises; and which are not proven to have been written by B or on his instructions admissible in A’s trial for any purpose other than to prove B’s participation in the unlawful enterprise alleged?"

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  10. J.B. v DPP [SCIre]

      • File size: 92kb

      • Matter: "The prospect of the trial of very old cases ... presents the Courts with an acute dilemma. On the one hand, it has been decided that (...) mere delay in making a complaint will not in and of itself be a ground to prohibit a trial. On the other hand ..."

  11. Clark v Arizona [USSC]

      • File size: 178kb

      • Matter: "whether due process prohibits Arizona’s use of an insanity test ...; and whether Arizona violates due process in restricting consideration of defence evidence of mental illness and incapacity ..."

  12. Dixon v US [USSC]

      • File size: 93kb

      • Matter: "And, in the context of the defence of duress, it accords with the doctrine that “where the facts with regard to an issue lie peculiarly in the knowledge of a party, that party has the burden of proving the issue.”"

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  15. SZBEL v Min for Immigration [HCA]

      • File size: 62kb

      • Matter: "The appellant had made a statutory declaration setting out the facts upon which he relied in support of his application for a protection visa. In that declaration he described why he had jumped ship. He said he feared for his safety because the captain of his ship knew of his interest in the Christian religion."