Cases: English Legal System

A and others v Secretary of State for the Home Department (2004) UKHL 56

  A and others v Secretary of State (2004) is a landmark case concerning lawfulness of detention of foreign terrorist suspects.     Keywords: Detention without trial – Foreign terrorist suspects – Prevention of terrorism – Right to a fair trial – Article 5 –Right to liberty and security – ECHR – House of Lords…

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Arkin v Borchard Lines Ltd (2005) EWCA Civ 655

    Arkin v Borchard Lines Ltd and Others (2005) concerns funder’s liability for the costs.     Keywords: So-called Arkin cap – Professional funder – Funding arrangements – Liability for the costs – Court of Appeal – Civil division Facts: In the case of Arkin v Borchard Lines Ltd and Others (2005), the defendants…

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Arthur JS Hall & Co v Simons (2000) 3 WLR 543

  Arthur JS Hall & Co v Simons (2000) concerns the immunity enjoyed by barristers and solicitors.     Keywords: Barristers and solicitors’ immunity – Claims for Negligence – House of Lords – Out-of-court preparatory work – Immunity removed – Public interest – Professional negligence  Facts: In Arthur JS Hall & Co v Simons (2000),…

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Attorney General v Fraill and Sewart (2011) EWCH 1629

  Attorney General v Fraill and Sewart (2011) concerns prosecution of juror for contempt of court for using the internet.     Keywords: Conviction – Contempt of court – Jury directions – Facebook – Prosecution – Divisional Court Facts: The present case involved misconduct by a juror, Joanne Fraill, and one of the defendants, Jamie…

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Attorney General v Seckerson and Times Newspaper Ltd (2009)

    Attorney General v Seckerson and Times Newspaper Ltd (2009) concerns disclosure of details of jury deliberations.   Keywords: Attorney General – Contempt of court – Newspaper – Disclosure – Jury deliberations – Divisional Court Facts: In the case of Attorney General v Seckerson and Times Newspaper Ltd (2009), the Attorney General sought an…

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