Depending upon the circumstances of the case, the continued detention in custody of an accused person after the expiration of a custody time limit to which that person had been subject pursuant to s22 of the and reg5 of the Prosecution of Offences (...
 All ER (D) 322 (Apr) | Wed, 16/04/2003
While the public interest should be considered in relation to nuisance, selected individuals should not be forced to bear the cost of the public benefit. It was therefore appropriate to put the public interest in the scales not in deciding whether a...
 All ER (D) 300 (Apr) | Wed, 16/04/2003
Section43 of the Contribution and Benefits Act 1992 had nothing to do with establishing entitlement to a retirement pension, it was of limited and not general application, and simply provided a mechanism for choosing between different pensions to which...
 All ER (D) 259 (Apr) | Tue, 15/04/2003
In the matter of unborn baby M R (on the application of X and another) v Gloucestershire County Council
Judicial review proceedings were not, save in a wholly exceptional case, appropriate where the object of the proceedings was to prevent a local authority commencing emergency protection or care proceedings in the Family Proceedings Court. The court...
 All ER (D) 265 (Apr) | Tue, 15/04/2003
Where a local councillor had an interest in an application for planning permission relating to quarrying of gravel, his attendance at a meeting of a committee of which he was not a member would amount to conducting the business of the office to which...
 All ER (D) 268 (Apr) | Tue, 15/04/2003
Having regard to its statutory context, the theme of which was that the liability to detention was linked to the mental disorder from which the patient was classified as suffering, and that that disorder was considered to be treatable by the person or...
 All ER (D) 269 (Apr) | Tue, 15/04/2003
In an indirect discrimination case the burden of proving disproportionate adverse impact lay on the complainant and merely to raise a credible suggestion that, were the relevant (valid and significant) statistics provided, those might establish...
 All ER (D) 253 (Apr) | Tue, 15/04/2003
On an application by a chief constable to strike out a complaint of sex discrimination brought against him by a junior officer, the Employment Appeal Tribunal ruled that although the provisions concerning the employment of a police officer were couched...
 All ER (D) 22 (Jun) | Mon, 14/04/2003
The procedure under s152(b) of the by way of an application to restore goods could not be described as determination of a 'criminal charge' within the terms of art6 of the European Convention on Human Rights.
 All ER (D) 208 (Apr) | Fri, 11/04/2003
The statutory mechanism of s174 of the was appellate in nature, and it was for the appellant to prove one of the statutory defences under that section. The wording of s172 of the Act only provided that it had to appear to an authority that there had...
 All ER (D) 201 (Apr) | Fri, 11/04/2003