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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1361 cases
  • Mueen-Uddin v Secretary of State for the Home Department
    • United Kingdom
    • Supreme Court
    • 20 June 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)
    • 28 July 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)
    • 1 January 2010
  • Patokh Chodiev and Others v Kirill Ace Stein
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 20 May 2015
    ...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 references to t......
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7 books & journal articles
  • Inherent jurisdiction and inherent powers of irish courts
    • Ireland
    • Irish Judicial Studies Journal No. 2-9, July 2009
    • 1 July 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......
  • Cases referred to in 1983
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1983 Preliminary Sections
    • 22 November 2022
    ...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......
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 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 ......
  • 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
    • 1 July 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 ......
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