Hunter and Others v Chief Constable of West Midlands
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1980 |
| Date | 1980 |
| Court | House of Lords |
[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 [
The Appeal Committee allowed the petition.
J. A. G.
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1292 cases
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Actavis UK Ltd and Others v Eli Lilly & Company
...is immaterial. 365 I turn to consider the Main Abuse Argument. The applicable principles can be summarised as follows. In Hunter v Chief Constable of the West Midlands [1982] AC 529 at 536, Lord Diplock referred to: "… the inherent power which any court of justice must possess to prevent mi......
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Patokh Chodiev and Others v Kirill Ace Stein
...at 182–3. 16 The authorities in the House of Lords and the Court of Appeal, which seem to me clear and compelling, are Hunter v Chief Constable of the West Midlands Police [1982] AC 529 and Owens Bank Ltd v Bracco in the CA and HL [1992] 2 AC 443. I shall underline in what follows the refe......
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Prescott Place Freeholder Ltd v Constantin Batin
...Sir Thomas Bingham MR considered Lord Diplock's earlier formulation of the concept of a “collateral attack” in Hunter v Chief Constable of the West Midlands Police [1982] AC 529 and said as follows, at 769H: This argument is, in our judgment, founded on a misunderstanding of what Lord Dipl......
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3 firm's commentaries
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The Thin End Of The Wedge: High Court Considers The Legal Test For Setting Aside A Judgment Tainted By Fraud
...Burton considered the authorities in the House of Lords and the Court of Appeal, Hunter v Chief Constable of the West Midlands Police[1982] AC 529 and Owens Bank Ltd v Bracco [1992] 2 AC 443, 483 provided clear and compelling evidence of the (binding) proposition that actions to set aside a......
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Can You Challenge A Criminal Conviction In A Civil Claim?
...issues raised at the trial. Lady Carmichael considered the 'Birmingham bombers' case of Hunter v Chief Constable of West Midlands Police [1982] AC 529. During the criminal trial, there was an objection to evidence of confessions on the basis that they were obtained by violence. The trial ju......
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Halkides: Bad Forensics in the 1970s British Bombing Cases
...atoms), a group that can be found in NG and other chemicals. The same combination of two techniques into one (GC/MS) used in the Birmingham Six case was used also used to unravel the Patricia Stallings case (https://blog.simplejustice.us/2020/12/28/halkides-expectation-bias-and-the-patricia......
24 books & journal articles
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Inherent jurisdiction and inherent powers of irish courts
...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......
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Cases referred to in 1983
...A.C. 155. 136 Huddart, Parker & Co. Ltd v. Moorehead (1909) 8 C.L.R. 330 at 357 228 Hunter v. Chief Constable of West Midlands Police (1981) 3 W.L.R. 906. 44 Ibiyemi v. Olusoji (1957) W R N.L R 25 44 Ibrahim Shinfida v. Commissioner of Police (1970) N.N.L.R. 113. 105 Idewu lnasa v. Sakariya......
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Popular Names Index to UK Cases and EU Legislation and Cases
...of 6 July 1998 on the legal protection of biotechnological inventions (OJ 1998 L213/13) Birds Directive See Wild Birds Directive Birmingham Six Case Hunter v Chief Constable of the West Midlands [1982] AC 529 R v McIlkenny (1991) 93 Cr App Rep 287 Biocidal Products Directive Directive 98/8/......
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Litigation
...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 ......
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