Sub Judice in UK Law

Moreover, submits Mr Warren, the Secretary of State was bound to consider that the challenge in the Richborough decision might succeed, as in the event it did succeed by consent. While it had not been conceded at the time of the Fox decision the Secretary of State was entitled to take the prospect of it being quashed into account in deciding to attach no weight to it.

It must surely be for Parliament to lay down the procedures which are to be followed before a Bill can become an Act. It must be for Parliament to decide whether its decreed procedures have in fact been followed. It must be for Parliament to lay down and to construe its standing orders and further to decide whether they have been obeyed: it must be for Parliament to decide whether in any particular case to dispense with compliance with such orders.

It is well known that in the past there have been dangerous strains between the law courts and Parliament—dangerous because each institution has its own particular role to play in our constitution, and because collision between the two institutions is likely to impair their power to vouchsafe those constitutional rights for which citizens depend on them.

A further practical consideration is that if there is evidence that Parliament may have been misled into an enactment, Parliament might well—indeed, would be likely to—wish to conduct its own inquiry.

Where relief is to be granted without trial, whether on admissions or by agreement or in default of pleading, and it is necessary to make clear upon what footing the relief is to be granted, the right course, in my opinion, is not to make a declaration but to state that the relief shall be upon such and such a footing without any declaration to the effect that that footing in fact reflects the legal situation.

But I do not consider any of these justify a finding that the repo arrangements were contrived ab initio to implement a ‘raid’. The Counterclaimants' expert, Professor Guriev, acknowledged that the value of collateral is in substantial part a function of the ability to control its disposition, and that upon default a creditor bank's main job is to “assure the control over the collateral” (as he put it in his report).

He has no right to enter this country except by leave: and, if he is given leave to come for a limited period, he has no right to stay for a day longer than the permitted time. If his permit is revolted before the time limit expires, he ought, I think, to be given an opportunity of making representations; for he would have a legitimate expectation of being allowed to stay for the permitted time.