Cases: Constitutional and Administrative Law

Case 402/05 P and Case 415/05 Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities (2008) ECR I-6351

Facts: This case relates to the freezing of funds of persons allegedly connected to the Taliban and Bin Laden. There were no prior warnings given to those individuals whose assets were frozen.   Issue: Was the freezing of funds (without any warnings) lawful?   Held: The General Court held that courts are not empowered to…

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R v Cambridge Area Health Authority, ex parte B [1995] 2 All ER 129

Facts: A 10-year-old suffered from leukaemia with months to live. Treatment was possible, however, the chances of success were slim and it would cost £70,000. The authority refused it on the basis it was not in the child’s best interest.   Held: In the High Court, Laws J quashed the decision which had put the child’s life at…

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R v Secretary of State for the Home Department, ex p Bugdaycay [1987] AC 514

Facts: This was an immigration case in which a group of individuals argued that if they were sent back to their country; their lives would be at risk. Principle: When an administrative action puts the applicant’s life at risk, the basis of the decision must place the most anxious scrutiny. The court approaches the case…

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Doody v Secretary of State for the Home Department (1993) 3 All ER 92

Facts: This case concerned the mandatory life sentence for murder. Mandatory life sentence consists of two periods 1) The tariff – which serves the purpose of retribution and deterrence, 2) The risk period – at some point during this stage the prisoner may be released if no longer considered a threat. The tariff fixed, different from…

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R v Civil Service Appeal Board, ex p Cunningham (1991) 4 All ER 310

Facts: Cunningham was a civil servant. He sought damages for unfair dismissal. Any other employee would’ve been before the Employment Tribunal. Cunningham as a civil servant had to be before the Civil Service Appeal Board.  Held: The Board gave him damages but no reasons. The damages were lower than he would’ve received from the Employment Tribunal.