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Citation
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Judgment date
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| December 2020 |
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Court refused to add plaintiff’s counsel as defendants, citing lack of necessity and professional confidentiality, but ordered forensic and evidential inquiries.
Civil procedure – Joinder/impleadment – Order 1 Rule 10(2) CPR – Proper and necessary parties; Professional privilege – Advocates (Professional Conduct) Regulations SI 267-2 and s.125 Evidence Act – limits on compelling counsel to disclose client-related information; Remedies – forensic examination and targeted witness summons as alternative investigatory measures.
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22 December 2020 |
| November 2020 |
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4 November 2020 |
| October 2020 |
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Reinstating charges dismissed for want of prosecution requires DPP justification; trial court must decide or stay prosecution if prejudice shown.
Criminal procedure — Reinstatement of charges previously dismissed for want of prosecution — Right to fair and speedy trial (Articles 28 and 44) — Competence of trial court to hear objections to reinstatement — DPP’s obligation to justify reinstatement; relevance of delay, reasons, waiver, state conduct, institutional resources and prejudice — Stay of prosecution and discharge where reinstatement unjustified.
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21 October 2020 |
| September 2020 |
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16 September 2020 |
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1 September 2020 |
| August 2020 |
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25 August 2020 |
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19 August 2020 |
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7 August 2020 |
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7 August 2020 |
| July 2020 |
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24 July 2020 |
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13 July 2020 |
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Preventive arrest under Police Act upheld; Constitutional Court lacks jurisdiction to enforce non‑interpretive rights claims, which belong in competent courts.
Constitutional jurisdiction – Article 137 requires a question as to interpretation before the Constitutional Court may grant redress; enforcement of alleged rights violations lies under Article 50 in competent courts. Criminal procedure – Police Act s.24 (preventive arrest) is constitutional when exercised on reasonable grounds and subject to safeguards (information, 48‑hour production, habeas corpus, access to counsel, compensation). Fundamental rights – wrongful use of criminal process against peaceful protesters may constitute unlawful deprivation of liberty and political persecution (dissenting view).
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3 July 2020 |
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2 July 2020 |
| March 2020 |
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Section 8 POMA reproduces a struck‑down prohibitory police power, violating Article 92 and the right to peaceful assembly.
Constitutional law — Freedom of assembly — Regulation versus prohibition — Police powers to stop, prevent or disperse public meetings — Article 29, Article 43(2)(c), Article 92 (prohibition on laws altering court judgments) — Separation of powers — Requirement for demonstrably justifiable, circumscribed limits and safeguards.
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26 March 2020 |
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Contracts entered without Attorney‑General advice are unconstitutional and void; unlawful finance instruments and payments must be investigated and remedies determined by the High Court.
Constitutional law — Article 119(5) — Contracts affecting Government or public interest require Attorney‑General's legal advice — non‑compliance renders contracts void to extent of inconsistency; Public finance — Articles 159 & 162 — guarantees/letters of comfort and withdrawals from Consolidated Fund require parliamentary/Auditor‑General authorization; Jurisdiction — Constitutional Court interprets the Constitution but fact‑intensive claims (fraud, unjust enrichment, quantification of loss) requiring trial‑type investigation should be referred to High Court for redress.
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24 March 2020 |
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10 March 2020 |
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2 March 2020 |
| February 2020 |
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The Constitution charges judicial administrative expenses on the Consolidated Fund; funding via Appropriation Bill is unconstitutional.
Constitutional law – Separation of powers – Judicial independence – Financial independence: administrative expenses of the Judiciary charged on the Consolidated Fund under art.128(5),(6) and art.154(1)(a); such expenses are not subject to the Executive’s Appropriation Bill process; Parliamentary Commission cannot enact laws and was improperly joined.
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7 February 2020 |
| January 2020 |
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16 January 2020 |
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16 January 2020 |