Case summaries

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Shaw v DPP [1961] UKHL 1

Shaw published 'Ladies Directory' containing advertisements for prostitutes with photographs and details of services offered. He was convicted of conspiracy to corrupt public morals, living on earnings of prostitution, and publishing an obscene publication. The House of Lords upheld the conviction, affirming that conspiracy to corrupt public morals is an...

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Rush & Tompkins Ltd v Greater London Council [1988] UKHL 7

Rush & Tompkins, a main contractor, settled with GLC but faced a subcontractor's claim. The subcontractor sought discovery of 'without prejudice' settlement correspondence. The House of Lords held that without prejudice communications are protected from discovery by third parties in connected litigation to encourage settlement negotiations. Facts Rush & Tompkins...

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Royal College of Nursing of the United Kingdom v Department of Health and Social Security [1980] UKHL 10

The Royal College of Nursing sought clarification on whether nurses could lawfully participate in pregnancy terminations using prostaglandin induction under the Abortion Act 1967. The House of Lords (3-2) held that such terminations were lawful when carried out under a doctor's control, even if nurses performed abortifacient acts, as the...

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Rondel v Worsley [1967] UKHL 5

A convicted criminal sued his barrister for negligence in conducting his defence at trial. The House of Lords unanimously held that barristers enjoy immunity from negligence claims arising from their conduct of litigation, based on public policy considerations including the barrister's duty to the court and the administration of justice....

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Rickards v Rickards [1989] EWCA Civ 8

Following divorce proceedings, the husband sought to appeal a financial order out of time. The county court refused an extension of time. The Court of Appeal considered whether it had jurisdiction to hear an appeal against that refusal, declining to follow Podberry v Peak and holding that Lane v Esdaile...

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R v Spencer [1987] UKHL 2

Nurses at Rampton Hospital were convicted of ill-treating patients based solely on uncorroborated evidence from mentally disordered patients with criminal backgrounds. The case addressed whether judges must give the standard 'dangerous to convict' warning for such witnesses outside established categories, and whether jury irregularities rendered verdicts unsafe. Facts The appellants...

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R v Secretary of State for Transport, ex p. Factortame Ltd (No.2) [1990] EUECJ C-213/89

Spanish-owned fishing companies challenged UK legislation requiring British nationality for vessel registration. The European Court of Justice ruled that national courts must set aside domestic rules preventing interim relief to protect Community law rights, establishing the supremacy of EC law over conflicting national provisions. Facts The appellants were companies incorporated...

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R v Sang [1979] UKHL 3

The appellant pleaded guilty to conspiracy to utter counterfeit banknotes after the trial judge ruled he had no discretion to exclude prosecution evidence on grounds the offence was induced by an agent provocateur. The House of Lords confirmed entrapment is no defence in English law and defined the limited circumstances...

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R v R [1991] UKHL 12

A husband was convicted of attempted rape upon his wife after forcing entry into her parents' home where she had been living following their separation. The House of Lords abolished the common law marital exemption from rape, holding that marriage no longer implies irrevocable consent to sexual intercourse. Facts The...

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R v Maginnis [1987] UKHL 4

The defendant was found with cannabis left in his car by a friend, intending to return it when collected. The House of Lords held that returning drugs to a depositor constitutes 'supply' under the Misuse of Drugs Act 1971, as it enables the depositor to use the drugs for their...

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R v Khan (Sultan) [1996] UKHL 14

Police secretly attached a listening device to a private house, recording the appellant admitting involvement in heroin importation. Despite the evidence being obtained through civil trespass and without statutory authority, the House of Lords held it was admissible. The case confirmed that improperly obtained evidence remains admissible subject to judicial...

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R v Kansal (No 2) [2001] UKHL 62

The respondent was convicted in 1992 of offences including those under the Insolvency Act 1986, with evidence obtained through compulsory examination admitted at trial. He sought to rely on the Human Rights Act 1998 retrospectively to challenge his conviction on appeal. The House of Lords held that section 22(4) of...

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R v Heron [1982] UKHL 9

Three appellants were convicted of conspiracy to counterfeit half sovereigns. They argued that the Coinage Offences Act 1936 required proof of dishonest intent to defraud. The House of Lords held that the offence under section 1(1)(a) required only basic intent to produce counterfeit coins, not specific intent to defraud. Facts...

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R v Gould [1968] EWCA Crim 1

The appellant pleaded guilty to bigamy after marrying while honestly believing his previous marriage had been dissolved by Decree Absolute. The Court of Appeal held that an honest and reasonable mistaken belief in facts that would make a second marriage lawful is a valid defence to bigamy, departing from R...

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R v Fulling [1987] EWCA Crim 4

The appellant confessed to insurance fraud after police revealed her lover's affair with another woman in the adjacent cell. The Court of Appeal considered whether this amounted to 'oppression' under s.76(2)(a) PACE 1984. The court held oppression requires impropriety and gave the word its ordinary dictionary meaning. Facts Ruth Susan...

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R v Chandler [1964] EWCA Crim 1

Chandler was convicted of inciting public nuisance and causing public nuisance by obstructing highways during demonstrations against the Greek Royal Visit. He appealed on grounds concerning jury challenges, arguing he had a legal right to 'stand by' jurors after exhausting peremptory challenges. The Court of Criminal Appeal dismissed the appeal,...

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R v Burstow; R v Ireland [1997] UKHL 34

Two appeals concerning whether psychiatric injury can constitute bodily harm under the Offences against the Person Act 1861. Ireland made silent telephone calls causing psychiatric illness; Burstow stalked a woman causing severe depression. The House of Lords held psychiatric injury is bodily harm and can be inflicted without physical violence....