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Chapter

Cover Essential Cases: Public Law

R v Lord Chancellor, ex parte Witham [1998] QB 575, Queen’s Bench Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant’s limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R v Lord Chancellor, ex parte Witham [1998] QB 575, Queen’s Bench Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant’s limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

A v BBC (Scotland) [2014] UKSC 25, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A v BBC (Scotland) [2014] UKSC 25, Supreme Court. This case concerned whether a court order granting anonymity to a convicted and deported foreign national sex offender could remain in place, notwithstanding objections from BBC (Scotland). In answering the question, the Court articulated what it referred to as the common law principle of open justice, which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Osborn v Parole Board [2013] UKSC 61, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Osborn v Parole Board [2013] UKSC 61, Supreme Court. This case concerned three applicants who, it was contended, had been subject to procedurally unfair processes by the Parole Board. In arguing their cases they had primarily relied upon Article 5(4) of the European Convention on Human Rights (ECHR). The UKSC preferred the common law principle of procedural fairness. This case note examines that principle and the concept of common law rights more generally in relation to the ECHR and the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

A v BBC (Scotland) [2014] UKSC 25, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A v BBC (Scotland) [2014] UKSC 25, Supreme Court. This case concerned whether a court order granting anonymity to a convicted and deported foreign national sex offender could remain in place, notwithstanding objections from BBC (Scotland). In answering the question, the Court articulated what it referred to as the common law principle of open justice, which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Osborn v Parole Board [2013] UKSC 61, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Osborn v Parole Board [2013] UKSC 61, Supreme Court. This case concerned three applicants who, it was contended, had been subject to procedurally unfair processes by the Parole Board. In arguing their cases they had primarily relied upon Article 5(4) of the European Convention on Human Rights (ECHR). The UKSC preferred the common law principle of procedural fairness. This case note examines that principle and the concept of common law rights more generally in relation to the ECHR and the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.