r v bentham

82 results for r v bentham

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  • Bentham, R (on the application of) v HMP Usk and Prescoed & Anor, Court of Appeal - Administrative Court, July 23, 2014, [2014] EWHC 2469 (Admin)

    1. On 13 November 2012, in the Crown Court at Newport, the Claimant was sentenced to a term of two years imprisonment for the offence of causing death by dangerous driving. He had pleaded guilty to that offence at a hearing on 28 September 2012. On 22 January 2013, following a reference by the Attorney General, the Claimant's sentence was increas...

  • Davis v Watford Borough Council, Court of Appeal - Civil Division, March 21, 2018, [2018] EWCA Civ 529

    1. This appeal involves a point of statutory interpretation. The provision in question is s. 204A of the Housing Act 1996, as amended (``the 1996 Act''). The point is said to be of some potential wider importance. It involves considering whether, in the circumstances of a case such as this, it is the High Court or the County Court which has jurisd...

    ... But I do not think that I need set those out here. 28. Mr Vanhegan in this context also referred us to the observations of Lord Bingham in R v Bentham [2005] UKHL 18, [2005] 1 WLR 1057 where at paragraph 10 he said this:. ``Rules of statutory construction have a valuable role when the meaning of a statutory provision is doubtful but none where, as ...

  • Bentham, R (on the application of) v HM Prison Wandsworth, Court of Appeal - Administrative Court, February 07, 2006, [2006] EWHC 121 (Admin)

    1. Pursuant to permission granted by this Court on the 14th December, 2005, John Preston Bentham's (``the applicant's'') application for habeas corpus was heard on the 19th December, 2005. On that day we granted his application, indicating that we would give reasons later. These are those reasons. 2. Also on the 19th December, in circumstances whic...

  • Williams, R v, Court of Appeal - Criminal Division, June 07, 2006, [2006] EWCA Crim 1650

    J U D G M E N T1. LORD JUSTICE MOSES: This is a reference by the Criminal Cases Review Commission in relation to a plea of guilty by this appellant to an offence of carrying an imitation firearm with intent to commit an indictable offence, contrary to section 18 of the Firearms Act 1968 ("the 1968 Act"). The appellant pleaded guilty to that offen...

    ... But this reference arises out of a more recent decision, namely that of the House of Lords in R v Bentham [2005] UKHL 18. The issue in this appeal is whether a bottle, which the Crown alleged and the appellant admitted was hidden in a plastic bag, had been held in such a way as to give an appearance of ...

  • Jonathan Yearworth & Ors v North Bristol NHS Trust, Court of Appeal - Civil Division, February 04, 2009, [2009] EWCA Civ 37

    2. Five men and the administratrix of the estate of a sixth man (compendiously, ``the men'') appeal against the determination by His Honour Judge Griggs, sitting in the Exeter County Court on 12 March 2008, of four preliminary issues arising in their six actions, heard together, against North Bristol NHS Trust (``the Trust''). The effect of the jud...

    ...An allied principle is that a person does not even ``possess'' his body or any part of it: R v. Bentham [2005] UKHL 18, [2005] 1 WLR 1057. Notwithstanding these principles, the law compensates by making an elaborate series of rules for the protection of the body and bodily autonomy: see, eg, Airedale ...

  • Ameyaw v Pricewaterhousecoopers Services Ltd, Court of Appeal - United Kingdom Employment Appeal Tribunal, January 04, 2019, [2019] UKEAT 0244_18_0401

    The Appellant applied for an earlier ET Judgment in the proceedings (sent out to the parties and entered in the public Register over a year before) to be removed from the Register as she objected to the fact that it was publicly accessible on-line; alternatively, she asked for an Anonymity Order to be made under Rule 50 of the ET Rules. The ET ref...

    ... Open justice lets in the light and allows the public to scrutinise the workings of the law, for better or for worse. Jeremy Bentham said … “Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial”. ...

  • Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group), Court of Appeal - Civil Division, July 31, 2018, [2018] EWCA Civ 1795

    1. This appeal raises important questions about (i) the powers of the court under the CPR and its inherent jurisdiction to permit access to documents by non-parties; (ii) the way in which the court's discretion should be exercised where an application is within its powers; and (iii) the proper balance to be struck between the application of the pri...

    ... Well known statements of the principle and its rationale include:. (1) Lord Shaw in Scott v Scott [1913] AC 417 at 477 (citing Jeremy Bentham):. ``Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.''. (2) Lord Diplock ...

  • Shanks, R. v, Court of Appeal - Criminal Division, March 19, 2003, [2003] EWCA Crim 680

    2. In an earlier trial before Holland J. and a jury on the same charge and on a charge arising out of the same facts of possessing a firearm with intent to endanger life, the jury could not agree on the charge of murder, but found him guilty of the firearm charge. The appellant had pleaded guilty to a third charge in the indictment of possessing a...

    ...26. This is how Holland J. had dealt with the matter in his direction to the first jury, a direction that conformed with this Court's analysis in R v. Bentham & Ors [1973] QB 357, at 362-363, of the mischief at which that statutory offence is aimed. Having defined the offence to the jury, he said:. "The Prosecution say that is the offence that Dr. Shanks ...

  • DL v SL, Court of Appeal - Family Division, July 27, 2015, [2015] EWHC 2621 (Fam)

    1 It is my opinion that the law concerning the presence of the media in these private proceedings, which is contained in FPR 27.11 and PD27B, is to enable the press to be the eyes and ears of the public so as to ensure that the case is conducted fairly and to enable the public to be educated in an abstract and general way about the processes that

    ...He was reflecting Jeremy Bentham's famous aphorism that "publicity is the very soul of justice" (Works, Vol 4, 1843). Bentham was seeking to answer Juvenal's famous question: quis custodiet ipsos custodes? The reason why justice ...

  • ZAI Corporate Finance Ltd, R (on the application of) v AIM Disciplinary Committee of the London Stock Exchange PLC & Anor, Court of Appeal - Administrative Court, April 11, 2017, [2017] EWHC 778 (Admin)

    1. This is my judgment on the application by the claimant for permission to apply for judicial review against two case management decisions made by the AIM Disciplinary Committee (``ADC'') within disciplinary proceedings brought by the London Stock Exchange against the claimant. Those decisions were, first, to hear the disciplinary proceedings in p...

    ...It is noteworthy that the most vociferous advocates of unrestricted media and public access to private business almost invariably cite Jeremy Bentham. The most colourful example is the speech of Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417 at 477 but further examples (among many others) include Home Office v Harman [1983] 1 AC 280 per ...

  • HRS Louis Xavier Marie Guillaume Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma v HRH Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma & Anor, Court of Appeal - Family Division, December 05, 2017, [2017] WLR(D) 820,[2017] EWHC 3095 (Fam)

    The judge has given permission for this version of the judgment to be published. There is a reporting restriction order in force in respect of this case. Permission to publish this version of the judgment is given expressly subject to the terms of the reporting restriction order. Case No: ZC16D00198 Neutral Citation Number: [2017] EWHC 3095 (Fam) ...

    ...Jeremy Bentham famously said `Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial.'''. In ...

  • O'Connor & Anor, R (on the application of) v Crown Prosecution Service & Anor, Court of Appeal - Administrative Court, November 04, 2016, [2016] EWHC 2792 (Admin)

    1. This case raises questions about the respective powers of courts and court staff to exclude members of the public from a court building because of a perceived risk that they will cause disruption and about when an unlawful limitation of access deprives a hearing of its public character. The facts 2. The first claimant, Mr Matthew O'Connor, is t...

    ... para 1): ``Open justice lets in the light and allows the public to scrutinise the workings of the law, for better or worse.'' In Scott v Scott [1913] AC 417 at 477, Lord Shaw quoted Jeremy Bentham: ``In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate.'' ...

  • H v A (No.2), Court of Appeal - Family Division, September 17, 2015, [2015] EWHC 2630 (Fam)

    This judgment was delivered in private. The Judge has given permission for the judgment (and any of the facts and matters contained in it) to be published on condition always that (a) the names and (b) the current address or present whereabouts of the Applicant and the children must not be published. For the avoidance of doubt, the strict prohibit...

    ...``It is needless to quote authority on this topic from legal, philosophical, or historical writers. It moves Bentham over and over again. ``In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial ...

  • Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor, Court of Appeal - Chancery Division, May 02, 2014, [2014] EWHC 1316 (Ch)

    Judgment1. I handed down judgment in this action on 10 February 2014 and am now called upon to adjudicate upon the form of order. The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevan...

    ...That is the normal rule because, as Lord Diplock put it in Home Office v Harman [1983] 1 AC 280, 303, citing both Jeremy Bentham and Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417, 477: "Publicity is the very soul of justice. It is the keenest spur to exertion, and the surest of all guards against improbity. It keeps ...

  • Zai Corporate Finance Ltd v AIM Disciplinary Committee of the London Stock Exchange Plc & Anor, Court of Appeal - Civil Division, August 30, 2017, [2017] EWCA Civ 1294

    1. This is an appeal from an order made by Mostyn J in the Administrative Court on 11 April 2017: R (ZAI Corporate Finance Ltd) v AIM Disciplinary Committee of the London Stock Exchange PLC (London Stock Exchange PLC, interested party) [2017] EWHC 778 (Admin). Permission to apply for judicial review on the points which are now before us was granted...

    ...And, if I may say so, I think that caution is called for in seeking to apply the very interesting passage from Bentham that he has set out for us. As Mostyn J has demonstrated, Lord Shaw of Dunfermline plainly had the previous page from Bentham open before him when he penned the famous passage in his speech in Scott ...

  • MS C & Anor, R (On the Application Of) v Secretary of State for Work and Pensions, Court of Appeal - Administrative Court, June 05, 2015, [2015] EWHC 1607 (Admin)

    1. This is a judicial review of the legality of the defendant's process of the two claimants' applications for Personal Independence Payments (PIP). It is said that the processing was unlawful as it: i) breached the duty on the part of the defendant to act within a reasonable time; ii) breached the Article 6 rights of the individual applicants; ii...

    ... The defendant refers to Bentham v The Netherlands (1986) 8 EHRR 1 which at [32] sets out the principles to be adopted by the Court. In that case there was a dispute about a revoked statutory licence to operate an installation for ...

  • R (on the application of C) (Appellant) v Secretary of State for Justice (Respondent)

    ...He quoted first from Jeremy Bentham: . "'In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. ...

  • DN (Rwanda) v The Secretary of State for the Home Department, Court of Appeal - Civil Division, February 22, 2018, [2018] EWCA Civ 273

    1. As Lord Bridge held in R(Khawaja) v Secretary of State for the Home Department [1984] AC 74, 122, we should regard ``with extreme jealousy'' the power of the Executive to detain a person without trial. In addition, where a person is detained with a view to expulsion (or any other form of removal), there is an even stronger case ``for a robust e...

    ... As Lord Bingham reminded us in Kay v Lambeth LBC [2006] 2 AC 465:. 42 While adherence to precedent has been derided by some, at any rate since the time of Bentham, as a recipe for the perpetuation of error, it has been a cornerstone of our legal system. Even when, in 1966, the House modified, in relation to its own practice, the rule laid down in London Street ...

  • Southend Borough Council v CO & Anor, Court of Appeal - Family Division, July 28, 2017, [2017] EWHC 1949 (Fam)

    This judgment was delivered in private. The Judge has given permission for this anonymised version of the judgment (and any of the facts and matters contained in it) to be published on condition always that the names and the addresses of the parties and the children must not be published. For the avoidance of doubt, the strict prohibition on publi...

    ...``It is needless to quote authority on this topic from legal, philosophical, or historical writers. It moves Bentham over and over again. ``In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial ...

  • London Borough of Sutton v MH (No 2), Court of Appeal - Family Division, June 10, 2016, [2016] EWHC 1371 (Fam)

    This judgment was delivered in private. The judge has given permission for this version of the judgment to be published. There is a reporting restriction order in force in respect of this case. Permission to publish this version of the judgment is given expressly subject to the terms of the reporting restriction order. Case No: ZE15C00253 Neutral ...

    ...In the case of Scott v Scott [1913] AC 417 Lord Shaw of Dunfermline observed: . ``It is needless to quote authority on this topic from legal, philosophical, or historical writers. It moves Bentham over and over again. ``In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial ...

  • MX v Dartford & Gravesham NHS Trust & Ors, Court of Appeal - Civil Division, February 17, 2015, [2015] EWCA Civ 96

    2. This appeal raises an important question relating to the principle of open justice and the exercise of the court's power to withhold from the public the names of parties to litigation, a practice commonly referred to as ``anonymisation''. It arises in the context of an application for approval of a compromise of a claim for damages for personal

    ...6. Lord Shaw, quoting Bentham, said at page 477:. ````In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial ...

  • JEB Recoveries LLP v Binstock, Court of Appeal - Chancery Division, April 21, 2015, [2015] EWHC 1063 (Ch)

    1 This application concerns the surviving claim of JEB Recoveries LLP (respectively `the Claim' and `JEB') against Mr Judah Eleazar Binstock. On 18 March 2015, I upheld Mr Binstock's jurisdictional challenge to three other claims raised within the same action, which had been commenced on 28 October 2014, and declared that the court has no jurisdict...

    .... 13 Lord Neuberger observed that public policy, which is the bedrock of maintenance, is never static. He revived a question raised by Jeremy Bentham : why should individuals have to bring claims at their own expense? Lord Neuberger's answer included the observations that one of the fundamental principles underpinning any self-respecting legal ...

  • Chenia, R v, Court of Appeal - Criminal Division, November 01, 2002, [2002] EWCA Crim 2345

    1. This is the judgment of the court. There are before the court appeals by the same appellant, Shokat Chenia, against his convictions in two entirely different trials. The first trial (`the fraud trial'), which was a retrial, took place at the Crown Court at Nottingham before His Honour Judge Machin and a jury between about 30 October and 17 Nov...

    ... That was the telephone used by Taylor to call the club as the police moved in on 19th February at 8.37 p.m. Further, Denise Bentham, who used to live with the appellant, identified the voice of the man calling himself GT as the voice of Shokat Chenia. 80. Mr Upward submits that the passage which Ms Bentham identified on the ...

  • Al Nehayan v Kent, Court of Appeal - Queen's Bench Division, May 05, 2015, [2015] EWHC 1176 (QB)

    1. This is an appeal brought by the claimant, Sheikh Tahnoon Bin Saeed, against the orders of Master McCloud dated 23 January 2014 and of Deputy Master Eyre (``Master Eyre'') dated 24 November 2014. The issue is whether the orders properly give permission to the defendant to amend his defence and counterclaim in the significant manner he purports

    ...The reforms following Lord Woolf's Access to Justice report reaffirmed the Bentham principle that the rules of the system should ensure that persons with a good claim in law are able to obtain an appropriate remedy or relief from the court. The Overriding Objective of the CPR is to ...

  • R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents)

    ...But it is fair to say that many of its critics have been animated by broader misgivings about the whole process of forensic inquiry and the role of the legal profession in it. Jeremy Bentham, who regarded lawyers as obstacles to the administration of justice, famously characterised legal professional privilege as a doctrine which turned the lawyer into the accomplice of his client. His ...