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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.
The case was first heard by a Divisional Court, composed of Watkins LJ and Mann J. Mann, with Watkins concurring, rejected the Northumbria Police Authority's argument, saying that under the Royal Prerogative HM Government retained the right to do whatever "was necessary to meet either an actual or an apprehended threat to the peace", something that had not previously been recognised as a ...
R (Daly) v Secretary of State for the Home Department [2001] UKHL 26 is a UK constitutional law case of the House of Lords case on the rights of a prisoner when his cell is searched by prison officers.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] UKHL 3 is a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constitutional terms for its ruling on the extent of ministerial prerogative powers.
A and others v Secretary of State for the Home Department [2004] UKHL 56 (also known as the Belmarsh 9 case) is a UK human rights case heard before the House of Lords.It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on 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 standard requirement for legitimate expectation, as decided in R v North and East Devon Health Authority, ex parte Coughlan, was that there must be a "clear and unambiguous" promise made that led to a reliance or a detriment; Robin Cook's statement after the first Bancoult case could not be described as a clear and unambiguous promise of ...
Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd; Court: High Court: Full case name: Barclays Bank Ltd v (1) W J Simms, Son and Cooke (Southern) Ltd and (2) William Sowman : Decided: 24 April 1979: Citations [1980] 1 QB 677 [1979] 3 All ER 522: Court membership; Judge sitting: Robert Goff J: Keywords; mistake, restitution, breach of ...