Moss v Mclachlin
| Jurisdiction | England & Wales |
| Date | 1985 |
| Court | Divisional Court |
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7 cases
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Austin v Commissioner of Police of the Metropolis
...parties to ensure that an imminent breach of the peace is avoided can be taken no further than it was in O'Kelly and in Moss v McLachlan [1985] IRLR 76, DC. O'Kelly applies only when absolutely “no other possible means” are available to preserve the peace: [128]. Moss v McLachlan is not rel......
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R (Laporte) v Chief Constable of Gloucestershire Constabulary
...would not have been lawful at Lechlade since, as Mr Lambert recognised, no breach of the peace was then imminent. But Moss v McLachlan [1985] IRLR 76, discussed below, was held to support the Chief Constable's case that preventive measures falling short of detention were legitimate. Having......
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Austin v Commissioner of Police of the Metropolis
...of a police officer to arrest a person who interferes with the execution of his duty also features in the case of Moss v McLachlan [1985] I.R.L.R. 76, the facts of which are closest to those we are considering here. 41. Moss involved four striking miners. They were travelling in a convoy of......
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R (Laporte) v Chief Constable of Gloucestershire
...lay-by. However, as to preventing the passengers proceeding to Fairford, May LJ (at paragraph 39) regarded the case of Moss v McLachlan [1985] I.R.L.R. 76 as providing "strong support for [the Defendant's] case that preventive measures falling short of detention were 23 May LJ added that wh......
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6 books & journal articles
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Subject Index, Volume 77, 2004
...Police Authority [1999]EWHC Admin 606 236Merseyside Police Authority ex p. Brian Yates [1999] EWHC Admin 157 228,229, 235Moss v McLachlan (1985) IRLR 76 85Murray v UK (1993) 23 EHRR 259Osman v DPP (1999) 163 JP 725 342Phillips (Peter) v Strathclyde Joint Police Board 2002 SLT 1271; [2002]Sc......
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Recent Judicial Decisions
...ECHRFreedom of Expression; Art. 10 ECHR Right to Liberty:R v Howell (1982) QB 416; Albert v Lavin (1981) (1982)AC 546; Moss v McLachlan (1985) IRLR 76This was an application before the High Court for a judicialreview of the decision of Gloucestershire police to stop, enter,search and turn b......
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Conspiracy
...and Family Life.55. [2006] UKHL 55.56. H. Fenwick, Civil Liberties and Human Rights, 4th edn (Routledge-Cavendish: London, 2007) 661.57. [1985] IRLR 76.58. [2004] EWCA Civ 1639 at paras 44–46.59. The Right to Respect for a Private and Family Life at para 50.60. Austin vCommissioner of the P......
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INDUSTRIAL RELATIONS, THE POLICE AND PUBLIC ORDER — SOME LESSONS OF THE MINERS' STRIKE
...pp. 26-7. 26. Christian, L, "Restriction without Conviction", in Fine, B. and Millar, R. (Eds'.), op. cit., p. 131. 27. Moss v. McLachlan[1985] IRLR 76; Police and Criminal Evidence Act 1984, s. 4 (in force 1 January 1986). "Imminent" in Moss was used to cover both time and location, so the......
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