Privy Council judgments, 2009

16 judgments, newest first. Open any case for its summary, the legal points it decides and how later courts have treated it.

Date Case Cited by
14 Dec 2009
[2009] UKPC 53
A regulation that discriminates by sex may nevertheless remain valid if it is an existing law protected by section 6(1) of the Constitution of the Republic of…
2
14 Dec 2009
[2009] UKPC 52
A public housing policy may discriminate indirectly on grounds of sexual orientation even when its stated criterion applies to unmarried couples generally.…
4
14 Dec 2009
[2009] UKPC 51
A statutory tenant who retains possession under rent-restriction legislation does not thereby hold a contractual tenancy or an interest in land. A later…
1
14 Dec 2009
[2009] UKPC 50
In constitutional redress proceedings, the proper defendant is determined by the constitutional and statutory scheme governing proceedings for and against the…
14 Dec 2009
[2009] UKPC 49
Retrospective validation legislation has that effect only where legislative intention is plain or the construction is unavoidable. A statutory fixed-penalty…
2
26 Nov 2009
[2009] UKPC 48
An exclusive public passenger licence must comply with the statutory conditions governing its territorial scope. A licence for a zone is not a licence…
26 Nov 2009
[2009] UKPC 47
Adverse possession must be uninterrupted for at least 20 years to extinguish an otherwise good documentary title. Successful proceedings by the documentary…
26 Nov 2009
[2009] UKPC 46
A defendant served within the jurisdiction who already has grounds for seeking a forum non conveniens stay should apply promptly under the applicable…
17
26 Nov 2009
[2009] UKPC 45
Negotiating damages may compensate a non-proprietary breach of contract where the court has jurisdiction to grant equitable relief. The claimant need not have…
24
17 Nov 2009
[2009] UKPC 44
In judicial review of a major development, a legitimate expectation of consultation requires a process undertaken while proposals remain formative, with…
12 Nov 2009
[2009] UKPC 43
Removal of a senior judge under the Gibraltar Constitution Order 2006 requires inability to discharge judicial functions or misbehaviour of exceptional…
2
4 Nov 2009
[2009] UKPC 42
On a murder charge, provocation must be left to the jury where the evidence discloses a reasonable possibility of provoking conduct causing loss of…
1
4 Nov 2009
[2009] UKPC 41
A criminal defendant has an absolute right to a fair trial, irrespective of the apparent strength of the prosecution case. A conviction must be quashed where…
16
4 Nov 2009
[2009] UKPC 40
Where a conviction depends on an accomplice or otherwise suspect witness who has been offered immunity, the trial judge must direct the jury carefully on the…
4 Nov 2009
[2009] UKPC 39
The power to order security for costs derives from the court’s inherent jurisdiction. Statutes and rules regulate the exercise of that jurisdiction, but do not…
11
4 Nov 2009
[2009] UKPC 38
Under the transitional extradition regime preserved for Bermuda, whether conduct is an extradition crime is determined by the conduct alleged. The conduct must…