Hunter and Others v Chief Constable of West Midlands

JurisdictionUK Non-devolved
CourtHouse of Lords
Judgment Date1980
Year1980
Date1980
[HOUSE OF LORDS] HUNTER PETITIONER AND CHIEF CONSTABLE OF THE WEST MIDLANDS AND OTHERS RESPONDENTS 1980 July 3 Lord Diplock, Viscount Dilhorne and Lord Russell of Killowen

PETITION by the plaintiff for leave to appeal from the decision of the Court of Appeal in McIlkenny v. Chief Constable of the West Midlands [1980] 2 W.L.R. 689.

The Appeal Committee allowed the petition.

J. A. G.

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1237 cases
  • Mueen-Uddin v Secretary of State for the Home Department
    • United Kingdom
    • Supreme Court
    • June 20, 2024
    ...down by Lord Diplock that “the intending plaintiff had a full opportunity of contesting the decision in the court by which it was made” ( Hunter, p 541): a full opportunity, in this context, including a fair opportunity for the accused to put his or her case and to meet the case made agains......
  • Chowdhury Mueen-Uddin v Secretary of State for the Home Department
    • United Kingdom
    • Court of Appeal (Civil Division)
    • July 28, 2022
    ...at paragraph 35. The judge summarised the relevant principles of law relating to abuse of process set out in Hunter v Chief Constable of the West Midlands Police [1982] AC 529 (“ Hunter abuse”) from paragraphs 36 to 81 together with the respective submissions of the 32 At paragraph 82 the j......
  • Dr Chan Choo Lip v Malaysian Medical Council
    • Malaysia
    • High Court (Malaysia)
    • January 1, 2010
  • Algosaibi v Saad Invs
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • December 2, 2011
    ...Heywood & Clark Ltd., [1899] 1 Q.B. 86; [1895–9] All E.R. Rep. 244, applied. (5) Hunter v. Chief Constable (W. Midlands Police), [1982] A.C. 529; [1981] 3 W.L.R. 906; [1981] 3 All E.R. 727, applied. (6) Kalley v. Manus, 1999 CILR 566, applied. (7) Masood v. Zahoor, [2010] 1 W.L.R. 746; [201......
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5 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • April 13, 2020
    ...App, Lloyd and Glidewell LJJ, 29 April 1987). As to abuses of process generally, see Hunter v Chief Constable of the West Midlands Police [1982] AC 529 at 536, per Lord Diplock; Taylor Walton v Laing [2008] BLR 65 at 69 [11], per Buxton LJ. 230 Such an agreement does not, however, revive a ......
  • Inherent jurisdiction and inherent powers of irish courts
    • Ireland
    • Irish Judicial Studies Journal No. 2-9, July 2009
    • July 1, 2009
    ...122 De Jersey, “The Inherent Jurisdiction of the Supreme Court” (note 2), p. 327. 123 Hunter v. Chief Constable of the West Midlands [1982] A.C. 529. 124 Abse v. Smith [1986] 1 Q.B. 536, C.A. 125 Re B [1994] 2 F.L.R. 479, C.A. 126 Kinnard v. Field [1905] 2 Ch. 306. 127 De Jersey, “The Inher......
  • Prosecutorial Discretion and Judicial Review: An Analysis of Recent Canadian and South African Decisions
    • South Africa
    • Sabinet Southern African Public Law No. 35-2, July 2020
    • July 1, 2020
    ...CJ in Varawa v Howard Smith Co Ltd (1911) 13 CLR 35 at 55. 77 Per Lord Diplock, Hunter v Chief Constable of the West Midlands Police [1982] AC 529 at 536. 78 Per Gleeson CJ, Gummow, Hayne and Crennan JJ (2006) 227 ALR 425 para 9. Okpaluba 12 Gummow, Hayne and Crennan JJ observed that ‘what ......
  • `I do not Attach Great Significance to it': Taking Note of `The Holocaust' in English Case Law
    • United Kingdom
    • Sage Social & Legal Studies No. 17-4, December 2008
    • December 1, 2008
    ...LBC v Qazi [2003] 2 FCR 43.Hayward v Thompson [1982] QB 47.Horvath v Sec. State [2001] 1 AC 489.Hunter Chief Constable of West Midlands [1982] AC 529.In Re St. Luke’s, Chelsea [1975] 3 W.L.R. 564 (Cons Ct).In Re Tucker [2000] BPIR 859 (decided in 1988).Irving v Penguin Books.Krotov v Sec of......
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