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The House of Lords allowed the appeal. Lord Steyn gave the leading judgment. Lord Hoffmann agreed with Lord Steyn and said the following. [note 1]Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
Four prisoners, Stephen Doody, John David Pierson, Elfed Wayne Smart and Kenneth Pegg, [1] serving mandatory life sentences, requested judicial review after the Home Secretary refused to release them after serving their minimum terms, but gave no reason for the decision.
The case concerned whether cell searches contravened a prisoner's right to private correspondence with his solicitor. The case is of importance for its use of a proportionality test in a judicial review case, a method copied from the jurisprudence of the European Convention on Human Rights.
UKHL 1 Claims under the 'loss of a chance' doctrine in medical negligence are actionable only where it is more likely than not (>50% likely) that the defendant's negligence caused the plaintiff to lose the chance of recovery. Caparo Industries Plc. v Dickman: 1990 Pure economic loss in tort. Duty of care. Attorney-General v Guardian Newspapers ...
Judicial review; British Overseas Territories R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35 [ 1 ] was a 2016 judgment of the Supreme Court of the United Kingdom that affirmed the decision of the House of Lords in R v Secretary of State for Foreign and Commonwealth Affairs, ex ...
Watkins v Home Office and others [2006] UKHL 17, was a United Kingdom legal case heard by the House of Lords where the Home Office made an appeal as to whether the tort of misfeasance in public office was actionable in the absence of proof of pecuniary losses or injury of a mental or physical nature.
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