R v Board of Control. ex parte Rutty

JurisdictionEngland & Wales
Date1956
CourtQueen's Bench Division
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7 cases
  • R v Head
    • United Kingdom
    • House of Lords
    • 6 March 1958
    ...or that there was no evidence on which the orders could be sustained, see the Habeas Corpus Act, 1816, Bailey's case (1854) 3 El. & Bl. 607, Rutty's case (1956) 2 Q.B. at p. 53It is true, of course, that the procedure in habeas corpus proceedings is far removed from the present. But if the ......
  • R v Governor of Brixton Prison, ex parte Soblen
    • United Kingdom
    • Court of Appeal
    • 31 August 1962
    ...of the Deportation Order in order to see whether the powers entrusted by Parliament have been exercised lawfully or no. That follows from Rutty's case 1956, 2 Queen's Bench, page 109. 15 Then how does it rest in this case? The Court cannot compel the Home Secretary to disclose the materials......
  • B v Barking Havering and Brentwood Community Healthcare NHS Trust
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 July 1998
    ...to proceed by way of judicial review. 45In support of the use of habeas corpus here Mr Gledhill also relies on the case of R v Board of Control ex p Rutty [1956] 2 QB 109. In this case it was held that habeas corpus is available when there is no evidence to justify the decision to detain. ......
  • Richardson v L C C
    • United Kingdom
    • Court of Appeal
    • 16 April 1957
    ...thinking that that contention only sees the light of day because of the decision of the Divisional Court last year in The Queen v. Board of Control. Ex parte Rutty, in 1956 2 Queen's Bench at page 109, where that Court said that the words "found neglected" strongly suggested that the defect......
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