(eBook PDF) English Legal System 19th

Edition by Frances Quinn

Visit to download the full and correct content document:
https://ebooksecure.com/download/ebook-pdf-english-legal-system-19th-edition-by-fr
ances-quinn/
 ...... ....
...... ....~ ... ...
...... ....~ ... ...
...... ....~ ... ...
‘......

'earson
，、 ，、
Brief contents

Preface xv
Acknowledgements XVI

Table of cases XVII

Table of statutes XXVI

Table of statutory materials xxxi

Cases, law reports and case references: a guide xxx11i

Introduction

Part 1 SOURCES OF LAW

qtq43dAU 丁 EJAU

Case law 9
Statute law 42
Statutory interpretation 55
Delegated legislation 81
European law 94
Custom 123
7QUOI
Equity 128
Treaties 136
Law reform 139

Part 2 PEOPLE WORKING IN THE LEGAL SYSTEM

nu4l

ABB

- The judges 161

ABB

- The legal professions 197

叫丘 qJAU寸 EJ

ABB

- The jury 249

ABB

- Magistrates 289
ABB

- Administration of justice 311

ABB

- Paying for legal services 319

Part 3 HUMAN RIGHTS

16 Introduction to human rights 359

17 Remedies for infringement of human rights 389
viii Brief contents

Part 4 CRIMINAL JUSTICE SYSTEM

18 The police 403

19 The criminal trial process 455
20 Sentencing 499
21 Young offenders 542
22 Criminal appeals 569

Part 5 CIVIL JUSTICE SYSTEM

23 丁he civil trial process 595

24 丁ribunals 645
25 Alternative methods of dispute resolution 660
26 Civil appeals and judicial review 681

Part 6 CONCEPTS OF LAW

27 Law and rules 699

28 Law and morals 710
29 Law and justice 727
Appendix: Answering examination questions 735
Glossary 741
Select bibliography 744
Index 761
Contents

RJRdEJEJ 2344
Preface xv Answering questions
Acknowledgements XVI Summary of Chapter 2: Statute law
Table of cases xvii Reading list
Table of statutes XXVI On the internet
Table of statutory materials XXXI

Cases, law reports and case references: 3 Statut。 ry interpretati 。 n 55

555667

IO 寸／叮／
a guide xxxiii Introduction
4t
How are statutes interpreted?
lntr。 ducti。 n Rules of interpretation

JOIOAU寸寸 fn6
qJ
』句，』 JOIO

The legal system in context Interpreting European legislation

The unwritten constitution Aids to interpretation
A written constitution? How do judges really interpret statutes?
Reading list Reform of statutory interpretation
On the internet 6 Answering questions
Summary of Chapter 3:

nγnunu
叮fnono
Part 1 Statutory interpretation
SOURCES OF LAW Reading list
On the internet
9
1 Case law

OO nonononononγnγnγnγ
045481457901

4t
4－

Historical background 4 Delegated legislati。n

叫J
4－

－ qJιA
Judicial precedent Introduction
4lqJιnJι「J

The hierarchy of the courts The power to make delegated legislation

叶 AU寸 nγnuqJqJ
How do judges really decide cases? Why is delegated legislation necessary?
Do judges make law? Control of delegated legislation
When should judges make law? Criticism of delegated legislation
气J

Advantages of case law Answering questions

气J

Disadvantages of case law Summary of Chapter 4: Delegated legislation

气J

Answering questions Reading list

气J
「
JAU寸 A崎·

Summary of Chapter 1: Case law On the internet

Reading list
On the internet 5 Eur。pean law 94
Introduction 95
42
2 Statute law The aims of the European Union 98
44445
33361
Introduction Modernising the European Union 100
House of Commons The institutions of the European Union 100
House of Lords Making European legislation 107
Making an Act of Parliament Types of European legislation 108
Reforms to legislative procedures How does EU law affect the UK? 114
x Contents

Answering questions 119 Judicial hierarchy 162

Summary of Chapter 5: European law 121 Appointments to the judiciary 164
Reading list 122 Wigs and gowns 170
On the internet 122 Training 170
Pay 171
6 Custom 123 Promotion 171
Introduction 124 Termination of appointment 172
When can custom be a source of law? 124 Independence of the judiciary 175
Answering questions 126 Criticisms of the judiciary 176
Summary of Chapter 6: Custom 127 Answering questions 190
Reading list 127 Summary of Chapter 10: The judges 193
Reading list 194
7 Equity 128 On the internet 195
Introduction 129
How equity began 129 11 The legal pr。fessions 197
Common law and equity 130 Introduction 198
The Judicature Acts 131 Solicitors 198
Equity today 131 Barristers 206
Answering questions 133 Complaints 212
Summary of Chapter 7: Equity 134 Background of barristers and solicitors 214
Reading list 135 Performance of the legal professions 222
The future of the professions 224
8 Treaties 136 Fusion of the professions 235
Introduction 137 Other legal personnel 239
Implementation of treaties 137 Do we need legal professionals? 241
Answering questions 138 Answering questions 243
On the internet 138 Summary of Chapter 11:
The legal professions 245
9 Law ref。rm 139 Reading list 246
Introduction 140 On the internet 248
Judicial change 140
Reform by Parliament 141 12 丁he jury 249
Pressures for reform 142 History 250
Agencies of law reform 145 The function of the jury 251
Performance of the law reform When are juries used? 253
bodies 150 Qualifications for jury service 257
Problems with law reform agencies 154 Summoning the jury 260
Answering questions 155 Jury vetting 261
Summary of Chapter 9: Law reform 157 Challenges 262
Reading list 157 Discharging the jury 263
On the internet 158 The secrecy of the jury 265
The verdict 266
Part 2 Strengths of the jury system 267
PEOPLE WORKING IN THE LEGAL Criticisms of the jury system 270
SYSTEM Reform of the jury 278
Answering questions 283
10 The judges 161 Summary of Chapter 12:
The role of the judges 162 The jury 285
 Contents xi

Reading list 286 Disadvantages of the Human Rights Act 1998 371
On the internet 288 A Bill of Rights for the UK? 373
The European Court of Human Rights
13 Magistrates 289 and the CJEU 378
The magistrates’ courts 290 The European Charter of Fundamental Rights 378
Magistrates 291 Today ’ s debates 380
Answering questions 306 Answering questions 385
Summary of Chapter 13: Magistrates 309 Summary of Chapter 16: Introduction
Reading list 309 to human rights 386
On the internet 310 Reading list 387
On the internet 388
14 Administrati。n 。f justice 311
The Ministry of Justice and the Home Office 312 17 Remedies f。r infringement
The Lord Chancellor 313 。f human rights 389
The Law Officers' Department 315 Introduction 390
Answering questions 317 Judicial review 390
Summary of Chapter 14: Administration Habeas corpus 390
of justice 318 Civil action for negligence 390
Reading list 318 Compensation 392
On the internet 318 Criminal proceedings 393
Criminal Injuries Compensation Scheme 394
15 Paying f。r legal services 319 The Independent Police Complaints
Introduction 320 Commission 394
Unmet need for legal services 320 The admissibility of evidence 395
The historical development of legal aid 323 The right to exercise self-defence 396
Legal aid today 324 Parliamentary controls 396
Problems with the legal aid system 329 The Ombudsman 396
Not-for-profit agencies 336 Answering questions 397
Conditional fee agreements 339 Summary of Chapter 17: Remedies for
Contingency fees 341 infringement of human rights 398
Third party funding 344 Reading list 399
Reform 345 On the internet 400
Answering questions 351
Summary of Chapter 15: Paying for Part 4
legal services 352 CRIMINAL JUSTICE SYSTEM
Reading list 352
On the internet 354 18 The p。 lice 403
Introduction 404
Part 3 Miscarriages of justice 404
HUMAN RIGHTS The response to the miscarriages of justice 408
Human Rights Act 1998 408
丁 6 lntr。ducti。n t。 human rights 359 The organisation of the police 408
Introduction 360 Police powers 411
The European Convention on Human Rights 361 Criticism and reform 442
The scope of the Convention 361 Answering questions 449
The administration 362 Summary of Chapter 18: The police 450
The Human Rights Act 1998 364 Reading list 451
Advantages of the Human Rights Act 1998 369 On the internet 454
xii Contents

19 The criminal trial pr。cess 455 Criticism and reform of the appeal system 580
The adversarial process 456 Answering questions 588
Criminal Procedure Rules 456 Summary of Chapter 22: Criminal appeals 590
The Crown Prosecution Service 458 Reading list 590
Appearance in court 465 On the internet 591
Classification of offences 466
Allocation procedure 468 Part 5
Sending for trial 469 CIVIL JUSTICE SYSTEM
Plea and trial preparation hearing 470
Disclosure 470 23 The civil trial pr。cess 595
Plea bargaining 471 Introduction 596
The trial 472 History 596
Models of criminal justice systems 476 The civil courts 597
Criticism and reform 477 The civil justice system before April 1999 598
Answering questions 491 The civil justice system after April 1999 601
Summary of Chapter 19：丁he criminal Criticism of the civil justice system 621
trial process 494 Reform 635
Reading list 495 Answering questions 639
On the internet 497 Summary of Chapter 23 ：丁he civil
trial process 640
20 Sentencing 499 Reading list 642
The Criminal Justice Act 2003 500 On the internet 643
Purposes of sentencing 500
Sentencing practice 505
24 Tribunals 645
Types of sentence 511
Introduction 646
Reform 534
History 646
Answering questions 534
Reforming the tribunals 647
Summary of Chapter 20: Sentencing 536
Tribunals today 649
Reading list 538
Advantages of tribunals 653
On the internet 540
Disadvantages of tribunals 654
Answering questions 655
21 Y。 ung offenders 542
Summary of Chapter 24 ：丁ribunals 656
Introduction 543
Reading list 658
Criminal liability 544
On the internet 658
Young people and the police 544
Remand and bail 545
Youth cautions 545 25 Alternative methods 。f dispute
Trial 546 res。 luti 。 n 660
Sentencing 548 Introduction 661
Key repo 同s 560 Problems with court hearings 662
Answering questions 563 Alternative dispute resolution mechanisms 663
Summary of Chapter 21: Young offenders 565 Examples of ADR 665
Reading list 566 Advantages of ADR 673
On the internet 567 Problems with ADR 67 4
The future for ADR 675
$
nγ nunu
’3

22 Criminal appeals Answering questions 677

55
叮／寸

Appeals Summary of Chapter 25: Alternative

J

Appeals in criminal law cases methods of dispute resolution 678

 Contents xiii

Reading list 680 Should law and morality be separate? 714

On the internet 680 Answering questions 723
Summary of Chapter 28:
’O 1

0O QUnonγ
26 Civil appeals and judicial review Law and morals 724
AUAUAU 243
Appeals in civil law cases Reading list 725
Judicial review On the internet 726
Answering questions
Summary of Chapter 26: Civil appeals 29 Law and justice 727
and judicial review 694 Introduction 728
Reading list 695 Aristotle 728
On the internet 695 Natural law theories 728
Utilitarianism 728
Part 6 The economic analysis of law 729
CONCEPTS OF LAW Rawls: A Theory of Justice 729
Nozick and the minimal state 730
27 Law and rules 699 Karl Marx 731
Introduction 700 Kelsen and positivism 731
Austin: the command theory 700 Justice in practice 731
Hart: primary and secondary rules 700 Answering questions 733
Dworkin: legal principles 702 Summary of Chapter 29: Law and justice 733
The natural law theory 702 Reading list 734
The function of law 702
Why are laws obeyed? 706 Appendix: Answering examination
Answering questions 707 questi 。 ns 735
Summary of Chapter 27: Law and rules 708 General points 735
Reading list 709 Essay questions 737
Problem questions 738
28 Law and m。rals 710
Introduction 711
Law and morality 712 Glossary 741
Changes in law and morality 713 Select bibliography 744
Differences between law and morality 713 Index 761
Preface

It is a great privilege to take over the authorship of this long-standing book, and we hope that this edition does
justice to the work done by both Catherine and Francis over many years. We have endeavoured to maintain
the same style and approach used in previous editions, and were lucky enough to have had a few conversations
with Catherine before her passing about how to take this edition forward. Her advice was clear, helpful and
above all supportive. One key piece of advice 仕om Catherine was to ensure that the examples used are topical
and current, in a way that speaks to the reader, and we hope you feel we have achieved this.
The key updates to this edition can be found in Parts 2, 3, 4 and 5, although other necessary updates appear
throughout. Some updates were more challenging than others. For example, with Brexit on the horizon and
negotiations ongoing, the updates only reflect the state of affairs up to the point of writing. Anything could
happen on this front by the time of publication! Other updates include paying for legal services and the costs
involved in civil litigation, the ongoing diversity debates and the revelations emerging from key reports, such
as the Lammy Review, which concerns the treatment of BAME individuals within the criminal justice system.
We would like to thank barrister Michael Edmonds for his valuable input and wise counsel in relation to the
chapters on the criminal justice system.
The ethos of the book remains the same, and so we think it is appropriate to borrow from the preface of the
18由 edition in saying that this text is designed to provide a clear explanation of the English legal system and
how it works in practice today. As ever, the legal system and its operation are currently the subject of heated
public debate, and we hope that the material here will allow you to enter into some of that debate and develop
your own views as to how the system should develop.
One of our priorities in writing this text has been to explain the material clearly, so that it is easy to under-
stand, without lowering the quality of the content. Too often, law is avoided as a difficult subject, when the
real difficulty is the vocabulary and style of legal textbooks. For that reason, we have aimed to use 'plain English'
as far as possible and explain the more complex legal terminology where it arises. There is also a glossary of
difficult words at the back of the text. In addition, chapters are structured so that material is in a systematic
order for the purposes of both learning and revision, and clear subheadings make specific points easy to locate.
Although we hope that many readers will use this text to satis命 a general interest in law and the legal system,
we recognise that the majority will be those who have to sit an examination on the subject. Therefore, each
chapter features typical examination questions, with detailed guidance on answering them, using the material
in the text. This is obviously useful at revision time, but we recommend that when first reading the text, you
take the opportunity offered by the question sections to think through the material that you have just read and
look at it from different angles. This will help you both to understand and to remember it. You will also find a
section at the end of the text which gives useful general advice on answering examination questions on the
English legal system.
We would like to thank our families for their encouragement, suppo口 and, most of all, patience when writing
this edition.
We have endeavoured to state the law as at 31st October 2017.
Acknowledgements
We αre gratψ1l to the following for permi.ssion to
reproduce copyright mαteriαl:
Text
Extract on page 210 from Male Oxbridge-Educated
Barristers from London Chambers Still more
likely to Become QCs Despite Major Reforms by
Dr Michael Blackwell. Copyright © 2012 by The
London School of Economics and Political Science.
Reproduced with permisison from Dr Michael
Blackwell; Extract on page 216 from Sisters in the
law by Solicitors. These extracts were first published
in Solicitors, Journal 1510. Extract on page 282
from A Question of Trust by Solicitors. These
extracts were first published in Solicitors, Journal
1100; Inquest, statistics and monitoring, at: https :/ I
www. inquest. org. uk/ deaths-in-police-custody;
Extract on page 485 from New Law Journal, Lexis-
Nexis. Reproduced by permission of RELX (UK)
Limited, trading as LexisNexis.
Table of cases
A (Children) (Conjoined Twins: Surgical Separation) ,
Re [2001] Fam 147, [2000] All ER 961 712
A (Letter to a Young Person) (Rev 1), Re [2017] EWFC
48 (26 July 2017) 185
A and X and others v Secretary of State for the Home
Department [2004] UKHL 56, [2005] 2 AC 68 162,
380
Av Hoare [2008] UKHL 6, [2008] 1 AC 844 602
Av Secretary of State for the Home Depa口ment (No.
2) [2005] UKHL 71, [2006] 2 AC 221 430
Abdulaziz v United Kingdom (No 4) [1985] 7 EHRR
471 370, 385
Ablett (William) v Devon County Council [2000] All
ER Official Transcript 4 December, CA Civil Division
603
Adlerv George [1964] 2 QB 7 60
Agricultural, Horticultural and Forest巧r Industry
Training Board v Aylesbury Mushrooms [1992] 1
WLR 190, [1972] 1 All ER 280 87, 91
AI v MT (Alternative dispute resolution) [2013] EWHC
100 (Fam), [2013] Fam Law 373 672
Airedale NHS Trust v Bland [1993] AC 789 28, 141
Al Rawi v Security Service [2010] EWCA Civ 482 634
Ali v Head Teacher and Governors of Lord Grey School
[2006] UKHL 14, [2006] 2 AC 363 385
Al，即1awaja and Tahery v United Kingdom [2009]
ECHR 110 22, 23
Appleton and Gallagher v News Group Newspapers
[2015] EWHC 2689 615
Arkin v Borchard Lines [2005] EWCA Civ 655, [2005]
3 All ER 613 344
Armstrong v UK [2014] ECHR 1368 259
Arthur JS Hall & Co v Simons [2000] 3 WLR 543 16,
27, 213, 214
Assange v Swedish Prosecution Authority [2012]
UKSC 22, [2012] 2 WLR 1275 17
Associated Provincial Picture Houses Ltd v Wednes-
bury Corp [1948] 1KB223 571, 686, 691, 743
Attorney General for Jersey v Holley [2005] UKPC 23,
[2005] 2 AC 580 18, 19
Attorney General v Dallas [2012] EWHC 156 252
Attorney General v Fraill and Sewart. See R v Fraill and
Sewart
Attorney General v Guardian Newspapers Ltd (No. 1)
[1987] 1 WLR 1248 187
Attorney General v Leveller Magazine [1979] AC 440
633
Attorney General v Scotcher [2005] UKHL 36, [2005]
1 WLR 1867 265
Attorney General v Seckerson and Times Newspapers
Ltd [2009] EWHC 1023 (Admin), [2009] EMLR
371 265
Austin v Metropolitan Police Commissioner [2009]
UKHL 5, [2009] 3 All ER 455 446
Bannister v SGB plc [1997] 4 All ER 129, [1998] 1
WLR 1123 630
Bhamjee v Forsdick (No. 2) [2003] EWCA Civ 1113,
[2004] 1 WLR 88 633
Black Clawson International Ltd v Papierwerke Wald-
hof-Aschaffenburg AG [1975] AC 591 69
Bowers v Hardwick, 478 US 186, US Ct [1986] 375
Brasserie du PecheurSA v Germany (C-46/ 93); R v
Secretary of State for Transport, ex p Factortame
Ltd (No. 4) (Case C-48/ 93) [1996] QB 404 109
Briggs v First Choice Holidays & Flights Limited (2017)
662, 668
British Oxygen Co Ltd v Minister of Technology [1971]
AC 610 687
Broadhurst v Tan [2016] EWCA Civ 94 604, 620
Brogan v United Kingdom (Application Nos 11209/ 84,
11234/ 84, 11266/ 84 and 11386/ 85) [1989] 11
EHRR 117, [1988] The Times, 30 November 370,
385
Bromley LBC v Greater London Council [1982] 1 All
ER 153 76, 80, 187
xviii Table of cases
Brooks v Metropolitan Police Commissioner [2005]
UKHL 24, [2005] 2 All ER 489 391
Brown (Margaret） νStott [2001] 2 WLR 817, 2000 JC
368
Bulmer v Bollinger (No. 2) [1974] Ch 401 105, 11 'j己
121
Bushell's Case [1670] 124 ER 1006 250, 285
C (A Minor） νDPP [1996] AC 1, [1995] 2 All ER 43 29
Caballero v United Kingdom [2000] 30 EHRR 643 408
Chappell v Times Newspapers Ltd [1975] 1 WLR 482
131
Christie v Leachinsky [1947] AC 573 421
CIA Security International SA v Signalson (Case
C-194/ 94) [1996] ECR 1-2201 112
CilfitvMinistryofHealth [1983] 1 CMLR472 104
Cochrane v HM Advocate [2010] HCJAC 117 506
Commissioner of Police of the Metropolis v Caldwell
[1982] AC 341, [1981] 1 All ER 961 16
Condron v United Kingdom (35718/ 97) (No. 2)
[2001] 31 EHRR 1, [2000] Crim LR 679 575, 576,
589
Conwayv Rimmer [1968] AC 910, [1968] 1 All ER
874 634
Council of Civil Service Unions v Minister for the Civil
Service [1985] AC 374, [1984] 1 WLR 1174 187,
314, 374, 686, 691, 692
Coventry v Lawrence (No. 2) [2014] UKSC 46, [2015]
AC 106, [2014] 4AllER517 341
CTB v News Group Newspapers Ltd [2011] EWHC
1232 (QB) , [2011] All ER (D) 142 (May) 383
Cusack v London Borough of Harrow [2013] UKSC 40,
[2013] 1 WLR 2022 57
Customs and Excise Commissioners v APS Samex
[1983] 1 All ER 1042 105, 121
Customs and Excise Commissioners v Cure & Deeley
Ltd [1962] 1 QB 340 87, 91
D (A Child), Re (2014) [2014] EWCA Civ 315 330
D (A Child), Re (2017) [2017] EWCA Civ 1695 185
D v East Berkshire Community NHS Trust [2003]
EWCA Civ 1151, [2004] QB 558 24
D&C Builders Ltd v Rees [1966] 2 QB 617 131
Davis v Johnson [1979] AC 264, [1978] 2 WLR 553
69, 71, 72
de Lasala v de Lasala [1980] AC 546 17
Denton v TH White Ltd [2014] EWCA Civ 906, [2015]
1 All ER 880, [2014] 1 WLR 3926 620
Dimes v Grand Junction Canal Proprietors [1852] 3 HL
Cas 759 684
Director General of Fair Trading v Proprietaηr
Association of Great Britain [2001] 1 WLR 700 685
Director of Public Prosecutions v Jones (Margaret)
[1998] QB 563; reversing [1999] 2 AC 240 30
Donnellyv Jackman [1970] 1 WLR 562 413
Donoghue v Stevenson [1932] AC 562 712
Douglas v Hello! Ltd [2001] 2 WLR 992 366
Dunnett v Railtrack plc [2002] EWCA Civ 303, [2002]
2 All ER 850 665
Earl of Oxford ’s Case [1615] 1 Ch Rep l 130, 134
Elliott v Grey [1960] 1 QB 367 61, 78
Elvanite Full Circle Ltd v AMEC Earth and Environ-
mental (UK) Ltd [2013] EWHC 1643 (TCC), [2013]
4All ER 765 619
Evans v Amicus Healthcare Ltd [2004] EWCA Civ 727,
[2005] Fam 1 720
Evans v United Kingdom [2007] 1 FLR 1990, [2007] 2
FCRS 671 721
Eweida v United Kingdom [2013] ECHR 48420/ 10,
[2013] IRLR 231 385
Excalibur Ventures v Psari Holdings [2016] EWCA Civ
1144 345
Feltham v Commissioners of HM Revenue and
Customs [2011] UKFTT 612 (TC) 631
Fisherv Bell [1961] 1 QB 394 58, 78
FitzpatrickνSterling Housing Association Ltd [2001]
1 AC 27, [2000] 1 FLR 271 31
Fleet Street Casuals Case. See R v Inland Revenue
Commissioners, exp National Federation of Self
Employed and Small Businesses
Foster v British Gas plc (Case C-188/ 89) [1991] 1 QB
405, [1990] 3 All ER 897 112
Francovich v Italy (Case C-6/ 90) [1991] ECR 1-5357,
[1992] IRLR 84 108
G v Director of Public Prosecutions [1989] Crim LR
150 419
GCHQ Case. See Council of Civil Service Unions v
Minister for the Civil Service
Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 2
AC 557, [2004] 3 All ER411 65
Gillick v West Norfolk and Wisbech Area Health
Authority [1986] AC 112, [1985] 3 All ER402 32,
581, 714, 723

Goswell v Commissioner of Metropolitan Police , Lawtel
7/ 4/ 98 392
Greens and MTνUnited Kingdom [2010] 53 EHRR
710, [2010] ECHR 60041/ 08 372, 521
Gregoryv United Kingdom [1998] 25 EHRR 577,
[1997] The Times, 27 February 263, 264
Greyv Pearson [1857] 6 HL Cas 61 60
Grobbelaar v News Group Newspapers Ltd [2001]
EWCA Civ 33, [2001] 2 All ER 437 273
Hall v Simons. See Arthur JS Hall & Co v Simons
Halsey v Milton Keynes General NHS Trust [2004]
EWCA Civ 576, [2004] 4 All ER 920 661
Hanif and Khan v United Kingdom (Application Nos
52999/ 08 and 61779/ 08) [2012] Crim LR 295,
[2011] Times, 27 December 259, 285
Hanningfield (Lord) v Chief Constable of
Essex Police [2013] EWHC 243 (Q时，［2013]
1 WLR 3632 420
Heydon's Case [1584] 3 Co Rep 7a 61, 62, 78
Hill v Chief Constable of West Yorkshire [1989] AC 53
391, 397, 398
Hirstv United Kingdom (No. 2) [2005] 42 EHRR 849,
[2005] ECHR 74025/ 01 521
HM Advocate v Cadder [2010] UKSC 43, [2010] 1
WLR2601 588
Hunter v Chief Constable of the West Midlands [1982]
AC 529, affirming [1980] QB 183, 588
Hurst v Leeming [2002] EWHC 2401 (Ch) 665
Hutchinson v United Kingdom (Application No.
57592/ 08) [2015] 61 EHRR 393, [2015] 38 BHRC
67 518
Hyam v DPP [1975] AC 55 581
Inco Europe Ltd v First Choice Distribution [2000]
1 WLR 586 63, 64
JJ (Control Orders), Re. See Secretary of State for the
Home Department v JJ
Kay v Lambeth London Borough Council [2006] EWCA
Civ 926, [2005] QB 352 24
Kenlin v Gardiner [1967] 2 QB 510 413
Kennedyv Charity Commission [2014] UKSC 20 688
Kent v Commissioner of Police of the Metropolis
[1981] The Times 15 May 374
Kinsley v Commissioner of Police of the Metropolis
[2010] EWCA Civ 953, [2010] 25 LS Gaz R 17 631
Table of cases XIX
Kleinwort Benson Ltd v Lincoln City Council [1999] 2
AC 349, [1998] 3 WLR 1095 29
Knuller (Publishing, Printing and Promotions) Ltd v
DPP [1973] AC 435, [1972] 3 WLR 143 718
Kucukdeveci v Swedex GmbH & Co KG (Case
C-555/ 07) [2010] ECR I-365, [2010] All ER (EC)
867 113
Kupeli v Sirketi [2016] EWHC 1478 662
L'Office Cherifien des Phosphates Unitramp SA v
Yamashita-Shinnihon Steamship Co Ltd (The Bou-
craa) [1994] 1 AC 486 68
Laporte v Commissioner of Police of the Metropolis
[2015] EWHC 371 662
Leaf v International Galleries [1950] 2 KB 86 132, 134
Leonesio v Italian Ministry for Agriculture and Forest巧f
(Case 93/ 71) [1972] ECR 287, [1973] CMLR 343
110
Liversidge v Anderson [1942] AC 206 183
London and North Eastern Railway Co v Berriman
[1946] AC 278 58, 79
Macarthys LtdνSmith [1979] 1 WLR 1189 109
Maddox v Storer [1963] 1 QB 451 60
Magor and St Mellons Rural DC v Newport Corporation
[1952] AC 189 62
Malone v Commissioner of Police of the Metropolis
[1980] QB 49, [1979] 2 WLR 700 360
Manchester City Council v Pinnock (No. 2) [2011]
UKSC 6, [2011] 2 All ER 586 22
Mangold v Helm [2006] All ER (EC) 383 113
Marleasing SA v La Comercial Internacional de
Alimentacion SA (Case C-106/ 89) [1990] ECR
1-4135 112, 117, 120
Marshall v Southampton and South West Hampshire
AHA (No.1) (Case C-152/ 84) [1986] QB 401 106,
112
McB v E (Case C-400/ 10 PPU) [2011] Fam 364,
[2011] 3 WLR 699 379
McKenzie v McKenzie [1970] 3 All ER 1034, [1970] 3
WLR 472 241, 632
McLeod v United Kingdom [1999] 27 EHRR 493,
[1998] 2 FLR 1048 436
Mcllkenny v Chief Constable of the West Midlands.
See Hunter v Chief Constable of the
West Midlands
McLoughlin v O’ Brian [1983] 1 AC 410, [1982] 2 WLR
982 31
xx Table of cases
MGN Ltd v United Kingdom [2011] 53 EHRR 195,
[2011] ECHR 39401/ 04 340
Mills v Colchester Corporation [1867] LR 2 CP 476
125
Mitchell v News Group Newspapers [2013] EWCA Civ
1537, [2014] 2 All ER 430, [2014] 1 WLR 795 619,
620
Morris v United Kingdom [2002] 34 EHRR 1253 22
Motto v Trafigura [2011] EWCA Civ 1150, [2012] 2
All ER 181 341
Murrayv United Kingdom (Right to Silence) [1996]
22 EHRR 29 431
O'Hara v Chief Constable of the Royal Ulster Constabu-
la巧［ 1997] AC 286, [1996] 146 NW Rep 1852 420
0 ’Hara v United Kingdom [2002] 34 EHRR 32 420
OB v Director of the Serious Fraud Office [2012]
EWCA Crim 901, [2012] 3 All ER 1017 64
Osman v United Kingdom [1999] 1 FLR 193, [2000]
29 EHRR 245 391, 392, 397, 398
Othman (Abu Qatada) v United Kingdom [2012]
ECHR 8139/ 09 377
P v Sand Cornwall CC (Case C-13/ 94) [1996] All ER
(EC) 397 378
Pena-Rodriguez v Colorado 580 U. S. 一一一 （2017) 266
Pepper (Inspector of Taxes） νHart [1993] AC 593,
[1993] 1 All ER 42 62, 69, 70, 71, 72, 79, 80, 116
Perotti v Colly町，Bristow [2004] EWCA Civ 1019,
[2004] All ER (D) 463 (Jul) 633
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288,
[2014] 1 All ER 970 661
PhamνSecretary of State of the Home Department
[2015] UKSC 19. On appeal from: [2013] EWCA
Civ616 688
Pickstone v Freemans plc [1989] AC 66, [1988] 2 All
ER 803, [1988] 3 WLR 265 62
Pinochet Ugarte, Re. See R v Bow Street Metropolitan
Stipendiary Magistrate, exp Pinochet Ugarte (No. 2)
Practice Direction (Justices: Clerk to Court) [2000] 1
WLR 1886 299
Practice Direction (Solicitors: Rights of Audience)
[1972] 1 All ER 608, [1972] 1 WLR 307 237
Practice Direction: Judicial Precedent [1966] 1 WLR
1234 16, 28, 29, 38-40
President of India v La Pintada Campafiia Navigaci6n
SA (The La Pintada) (No. 1) [1985] AC 104, [1984]
2 All ER 773 32, 154
Procurator Fiscal v Brown. See Brown (Margaret） ν
Stott
Pubblico Ministero v Ratti (Case 148/ 78) [1979] ECR
1629, [1980] 1 CMLR 96 110
R ( on the application of Al Skeini) v Secretary of State
for Defence [2007] UKHL 26, [2008] 1 AC 153 366
R ( on the application of Anderson） νSecretary of State
for the Home Department [2002] UKHL 46, [2003]
1 AC 837 516
R (on the application of B） νsecretaηr of state for Justice
(2017) 550
R ( on the application of Cart） νUpper Tribunal [2011]
UKSC 28, [2012] 1 AC 663 653
R (on the application of Chester) v Secretary of State
for Justice; McGeoch v The Lord President of 由e
Council [2013] UKSC 63, [2014] AC 271, [2014] 1
All ER 683 372
R ( on the application of Corner House Research and
others) (DAE Systems pic, interested party) v Direc-
tor of the Serious Fraud Office [2008] UKHL 60,
[2008] 4 All ER 927 462, 492
R ( on the application of Crawford） νUniversity of
Newcastle Upon Tyne [2014] EWHC 1197
(Admin), [2014] All ER (D) 07 (May) 661
R (on the application of Gentle) v Prime Minister
[2008] UKHL 20; affirming [2006] EWCA Civ 1689,
[2007] 2 WLR 195 153
R ( on the application of Gillan） νMetropolitan Police
Commissioner [2006] UKHL 12, [2006] 2 WLR 537
417
R (on the application of Gujra） νCrown Prosecution
Service [2012] UKSC 52, [2013] 1 AC 484 464
R ( on the application of Haw) v Secretary of State for
the Home Department [2006] EWCA Civ 532,
[2006] QB 780 59
R (on the application of HC) v Secretary of State for
the Home Department?? [2013] EWHC 982
(Admin), [2014] 1 WLR 1234 545
R ( on the application of HS2 Action Alliance Ltd） ν
Secretary of State for Transport [2015] EWCA Civ
203, [2015] All ER (D) 132 (Mar) 116, 117
R (on the application of Jackson and others) v Attor-
ney General [2005] UKHL 56, [2005] 3 WLR 733
48, 53
R ( on the application of Kadhim） νBrent London
Borough Housing Benefit Review Board [2001]
QB 955, [2001] 2 WLR 1674 20

R (on the application of LG) v Independent Appeal
Panel for Tom Hood School [2010] EWCA Civ 142,
[2010] All ER (D) 292 (Feb) 385
R ( on the application of Miller and Dos Santos v Secre-
ta巧r of State for Exiting the European Union [2017]
UKSC 5 4, 13, 118, 120, 175, 184, 186
R ( on the application of Mohamed) v Secretary of
State for Foreign and Commonwealth Affairs[2008]
EWHC 2048 (Admin), [2009] 1 WLR 2579 634
R ( on the application of Morrison) v Independent
Police Complaints Commission [2009] EWHC 2589
(Admin), [2009] All ER (D) 257 (Oct) 421
R (on the application of Moseley) v London Borough of
Haringey [2014] UKSC 56, [2015] 1 All ER 495,
[2014] 1 WLR 3947 85
R ( on the application of Mousa） νSecretary of State for
Defence [2011] EWCA Civ 1334, [2011] 47 LS Gaz
R 19 153
R ( on the application of Mullen) v Secretary of State
for the Home Department [2004] UKHL 18, [2005]
1 AC 1 582
R (on the application of Nicklinson) v Ministry of
Justice [2014] UKSC 38, [2014] 3 WLR 200 33
R ( on the application of 0’Brien） νIndependent
Assessor [2007] UKHL 10, [2007] 2 AC 312 393
R (on the application of Purdy) v DPP [2009] UKHL
45, [2010] 1 AC 345, [2009] 4 All ER 1147 140,
464
R (on the application of Quintavalle) v Human Fertili-
sation and Embryology Authority [2005] UKHL 28;
[2005] 2 AC 561 722
R (on the application of Quintavalle) v Secretary of
State for Health [2003] UKHL 13, [2003] 2 AC 687,
[2003] 2 All ER 113 63
R (on the application of Roberts) v Commissioner of
Police of the Metropolis [2015] 417
R (on the application of Saunders) v Independent
Police Complaints Commission [2008] EWHC 2372
(Admin), [2009] 1 All ER 3 79 446
R ( on the application of Shabina Begum） νHead­
teacher and Governors of Denbigh School [2006]
UKHL 15, [2007] 1 AC 100 384
R (on the application of Virgin Media Ltd） νZinga
[2014] EWCA Crim 52, [2014] 3 All ER 90, [2014]
1 WLR 2228 464
R ( on the application of W) v Metropolitan Police
Commissioner [2006] EWCA Civ 458; reversing
[2005] EWHC 1586 (Admin), [2005] 3 All ER 749
555
Table of cases XXI
R (on the application of Wells) v Secretary of State for
Transport, Local Government and the Regions
(Case C-201/ 02) [2005] All ER (EC) 323, [2004]
ECR 1-723 113
R (on the application of Westminster City Council) v
Mayor of London [2002] EWHC 2440 (Admin) ,
[2003] LGR611, [2002] All ER (D) 494 (Jul) 111
RR v Emmens. See R v Hollington
R v A [2001] UKHL 25, [2001] 3 All ER 1 65
R v Abdroikof [2007] UKHL 37, [2008] 1 All ER 315
258-260, 285
R v Alladice (Colin Carlton) [1988] 87 Cr App R 380
427, 450
R v Allen [1872] LR 1 CCR 367 60
R v Andrews (Tracey) [1999] Crim LR 156, [1998] 95
(43) LSG 263
R v Aubrey, Berηr and Campbell [1978] (unreported)
261
R v Bansal, Bir, Mahio and Singh [1985] Crim LR 151
274
R v Bentley [1953] The Times 14 Janua巧， CA 37
R v Bingham Justices, exp Jowitt [1974] The Times,
3 July, DC 302
R v Blackshaw [2011] EWCA Crim 2312, [2012]
1 WLR 1126 509, 510
R v Boundary Commission for England, exp Foot
[1983] 1 All ER 1099 689, 692
R v Bow County Court, exp Pelling (No. 1) [1999]
4 All ER 751, [1999] 1 WLR 1807 242
R v Bow Street Metropolitan Stipendiary Magistrate,
exp Pinochet Ugarte (No. 2) [2000] 1 AC 119,
[1999] 1 All ER 577 1 咒 685
R v Boyd [2002] UKHL 31, [2002] 3 All ER 1074 22
R v Brent London Borough Council, ex p Gunning
[1985] 84 LGR 168 85
R v Bristol [2007] EWCA Crim 3214, [2007] All ER
(D) 47 (Dec) 416
R v Brown [1994] 1 AC 212, HL, affirming [1992] QB
491, [1992] 2WLR441 718, 723
R v C [2004] EWCA Crim 292, [2004] 1 WLR 2098 36
R v Caldwell. See Commissioner of Police of the
Metropolis v Caldwell
R v Canale [1990] 2 All ER 187 430
R v Chief Constable of Sussex, ex p International
Trader’s Ferry Ltd [1999] 2 AC 418, [1998] 3 WLR
1260, affirming [1997] 2 All ER 65 686, 691
R v Chief Constable of the Royal Ulster Constabulary,
exp Begley [1997] 1 WLR 1475 426
R v City of London Court Judge [1892] 1 QB 273 58
xxii Table of cases
R v Clarence [1888] 22 QBD 23 29
R v Clark [2003] EWCA Crim 1020, [2003] 2 FCR 447
475
R v Clarke [2009] EWCA Crim 1074, [2009] 4 All ER
298 21
R v Clarke and McDaid [2008] UKHL 8, [2008] 1 WLR
338 458
R v Condron [1997] 1 WLR 287, [1997] 1 Cr App R
185 432
R v Cooper [2011] EWCA Crim 1872, [2012] 1 Cr App
Rep (S) 529 20
R v Dallagher [2002] EWCA Crim 1903 4 75
R v Davis [2008] EWCA Crim 1735, [2008] All ER (D)
78 (Sep) 486
R v Derbyshire CC, exp Times Supplements [1991]
3 Admin LR 241, [1990] The Times, 19 July 687
R v Dica [2004] EWCA Crim 1103, [2004] QB 1257 29
R v Erskine [2009] EWCA Crim 1425, [2010] 1 All ER
1196, [2010] 1 WLR 183 15
R v F [2009] EWCA Crim 2377, [2010] 1 All ER 1084,
[2010] 1 WLR 2511 251
R v Ford (Royston) [1989] QB 868 274, 283, 285
R v Fraill and Sewart, sub nom Attorney General v
Fraill and Sewart, R v Knox [2011] EWHC 1629
(Admin) 228 252
R v Fulling [1987] QB 426; [1987] 2 WLR 923 396
R v G and another [2003] UKHL SO, [2003] 4 All ER
765 16
R v Gibson [1990] 2 QB 619 718
R v Goodyear [2005] EWCA Crim 888, [2005] 3 All ER
117 471, 493
R v Hamer [2010] EWCA Crim 2053, [2011] 1 WLRS
28 514
R v Hanratty [2002] EWCA Crim 1141, [2002] 3 All
ERS34 576
R v Hanson [2005] EWCA Crim 824, [2005] 1 WLR
3169 474
R v Hollington (David John) ; R v Emmens (George
Michael) [1986] Cr App R 281 276
R v Horncastle [2009] UKSC 14, [2010] 2 All ER 352
22
R v Human Fertilisation and Embryology Authority, ex
p Blood [1997] 2 WLR 807 720
R v Hussain and Others [2010] EWCA Crim 1327 277
RνInland Revenue Commissioners, exp National Fed-
eration of Self-Employed and Small Businesses Ltd
[1982] AC 617 690
R v Innospec Ltd [2010] Crim LR 665 462, 472
R v International Stock Exchange of the United King-
dom and the Republic of Ireland, exp Else [1982]
Ltd [1993] QB 534 105
R v Ireland; R v Burstowe [1998] AC 147, [1997] 4All
ER225 74
R v James and Karimi [2006] EWCA Crim 14, [2006]
1 All ER 759 18, 20
R v Jogee and Ruddock [2016] UKSC 8; [2016] UKPC
7; On appeal 仕om [2013] EWCA Crim 1433 and
JCPC 0020 of 2015 16
R v Jones [2002] EWCA Crim 2167, [2002] All ER (D)
189 (Sept) 4 73
R v Jones (Steven Martin) [1997] 1 Cr App R 86,
[1996] The Times, 23 July 575
R v JSM [2010] EWCA Crim 1755, [2011] 1 Cr App
Rep42 255
R v Kansal (No. 2) [2001] UKHL 62, [2002] 2 AC 69
16
R v Kronlid [1996] The Times, 31 July 268,
269, 285
R v KS [2009] EWCA Crim 2377, [2010] 1 All ER
1084, [2010] 1 WLR2511 255
R v Lambert (Steven) [2001] UKHL 37, [2002] 2 AC
545 16, 369
R v Latif (Khalid); R v Shahzad (Mohammed Khalid)
[1996] 1 WLR 104 430
RνLocal Commissioner for Administration for the
North and East Area of England, exp Bradford City
Council [1979] 2 All ER 881 672
R v Lord Saville of Newdigate, exp B (No. 2) [2000]
1 WLR 1855, [1999] 4 All ER 860 686
RνMagro [2010] EWCA Crim 1575, [2011] QB 398
20
R v Marshall and Crump [2007] EWCA Crim 35,
[2007] All ER (D) 76 (Jan) 252
R v Mason [1981] QB 881, [1980] 3 WLR 617 261
R v May [2008] UKHL 28, [2008] 4 All ER 97 526
R v McGarry [1998] 3 All ER 805, [1999] 1 WLR 1500
431
R v McLoughlin; R v Newell [2014] EWCA Crim 188,
[2014] 3 All ER 73, [2014] 1 WLR 3964 517
R v Mildenhall Magistrates’ Court, exp Forest Heath
DC [1997] 161 JP 401 571
R v Ministry of Defence exp Smith [1995] 4 All ER 427
691
R v Mirza [2004] UKHL 2, [2004] 1 AC 118 265

R v Momodou and Limani [2005] EWCA Crim 177,
[2005] 2 All ER 571 446
R v Morrissey (Ian Patrick); R v Staines (Lorelie Marion)
[1997] 2 Cr App R 426 370
R v N (Right to Silence) [1998] The Times, 13 February
431
R v National LotteηCommission, ex p Camelot Group
plc [2000] The Times, 12 October 685
R v Obellim [1997] 1 Cr App R 355, [1996] Crim LR
601 261
R v Owen [1991] The Times, 12 December 269, 285
R v Parliamentary Commissioner for Standards, ex p Al
Fayed [1998] 1 WLR 669 684
R v Pendleton [2001] UKHL 66, [2002] 1 All ER 524
575, 576, 589
R v Ponting [1985] Crim LR 318 269, 282, 285, 589
R v Powell and English [1999]1 AC 1, [1997] 4All ER
545 16, 17, 37
R v R (Rape: Marital Exemption) [1992] 1 AC 599,
[1991] 4 All ER 481 36, 140, 581
RvRa归口ent and others (23 March 2005, unreported)
271, 279
R v Reid [1992] 3 All ER 673 16
R v Samuel (Cornelius Joseph) [1988] QB 615 42 咒
450
R v Saunders [1996] lCr App Rep 463 370
R v Seaton [2010] EWCA Crim 1980, [2011] 1 All ER
932 432
R v Secretary of State for Employment, ex p Equal
Opportunities Commission [1995] 1 AC 1, [1994]
1 All ER 910 115
R v Secretary of State for Foreign and Commonwealth
Affairs, exp Lord Rees-Mogg [1994] QB 552 118
R v Secretary of State for Social Security, ex p Joint
Council for the Welfare of Immigrants [1997] 1
WLR 275, [1996] 4 All ER 385 87
R v Secretary of State for the Environment, exp Norwich
City Council [1982] QB 808 691
R v Secretary of State for the Environment, Transport
and the Regions, exp Spath Holme Ltd [2001] 2 AC
349, [2001] 1 All ER 195 70
R v Secretary of State for the Home Depa口ment, exp
Brind [1991] 1 AC 696 HL, affirming [1990] 2 Env
787 CA (Civ Div); affirming [1989] Admin LR 169
374, 691
R v Secretary of State for the Home Department, ex p
Hosenball [1977] 1 WLR 766 692
...
Table of cases XXII I
R v Secretary of State for the Home Department, ex p
Venables; R v Secretary of State for the Home
Department, exp Thompson [1998] AC 407,
口997] 3 WLR 23 551
R v Secretary of State for Transport, exp Factortame
(No. 1) [1990] 2 AC 85 66, 115-118, 120
R v Sheffield Crown Court, exp Brownlow [1980] QB
530 261, 284
R v Simpson [2003] EWCA Crim 1499, [2003] 3 All ER
531 19-21
R v Smith (Morgan James) [2000] 4 All ER 289 18, 19
R v Somerset CC, exp Fewings [1995] 1 WLR 1037 687
R v Southwark LBC, exp Udu [1996] 8 Admin LR 25,
[1995] Times, 30 October 688
R v Staines. See RνMorrissey
R v Thompson [2010] EWCA Crim 2955, [2011] 2 Cr
App Rep (S) 131 282
R v Tisdall [1984] 6 Cr App R (S) 155 269
R v Turner (Frank Richard) (No. 1) [1970] 2 QB 321
471
R v Twomey [2009] EWCA Crim 1035, [2009] 3 All ER
1002 255
R v Wang [2005] UKHL 9, [2005] 1 WLR 661 250,
285
R v Young [1995] QB 324 270
Redgrave v Hurd (1881-82) LR 20 Ch D 1 736
Rees, Re [1986] AC 937 378
Rice v Connolly [1966] 2 QB 414 413
Richardson (Mark) v Chief Constable of West Midlands
Police [2011] EWHC 773 (Q时，［2011] 2 Cr App
Rep l 419
Ricketts v Cox [1982] 74 Cr App R 298 413
Rolf v De Guerin [2011] EWCA Civ 78, [2011] NLJR
290, [2011] All ER (D) 169 (Feb) 665
Rondel v Worsley [1969] 1 AC 191 16, 213
Royal College of Nursing of the United Kingdom v
Department of Health and Social Security [1981]
AC 800 61, 79
S (A Minor), Re [2002] All ER (D) 14 (Dec) 66
S and Michael Marper v United Kingdom (Application
Nos 30562/ 04 and 30566/ 04) [2008] ECHR 178
434
Sander v United Kingdom [2001] 31 EHRR 44 263,
264
Saunders v United Kingdom [1997] 23 EHRR 313 368,
370
xxiv Table of cases
Scandinavian Trading Tanker Co AB v Flota Petrolera
Ecuatoriana (The Scaptrade) [1983] 2 AC 694,
[1983] 2 All ER 763 133
Secretary of State for Social Security v Tunnicliffe
[1991] 2 All ER 712 368
Secretary of State for the Home Department v JJ
[2007] UKHL 45, [2008] 1 AC 385; affirming
[2006] EWCA Civ 1141, [2007] QB 446 381
Secretary of State for the Home Department v MB
[2007] UKHL 46, [2008] 1 AC 440 381
SG v St Gregory's Catholic Science College [2011]
EWHC 1452 (Admin), [2011] NLJR 884 384
Shawv DPP [1962] AC 220, [1961] 2 All ER 446 718
Simmons v Castle [2012] EWCA Civ 1288, [2013] 1
All ER 334, [2013] 1 WLR 1239 30, 620
Simpson v Wells (1871-72) LR 7 QB 2 124
Singh v London Underground Ltd [1990] The Inde-
pendent, 25 April, [1990] The Times, 25 April 256
Smith and Grady v United Kingdom [1999] 29 EHRR
493, [1999] ECHR 33985/ 96 691
Smith v Hughes [1960] 1 WLR 830 61
Smith v Ministry of Defence [2013] UKSC 41, [2014]
AC 52, [2013] 4 All ER 794 366
Sport International Bussum BV v Inter-Footwear Ltd
[1984] 1 WLR 776 133, 134
Stafford v DPP [1973] 3 All ER 762 575, 576, 589
Steel νUnited Kingdom [1999] 28 EHRR 603, [1998]
Crim LR 893 528
Steel v United Kingdom (The McLibel Two) [2005] 41
EHRR22 335
Stock v Frank Jones (Tipton) Ltd [1978] 1 All ER 948,
[1978] 1 WLR 231 37
Sutcliffe v Pressdram Ltd [1991] 1 QB 153, [1990]
1 All ER 269 274
SW v United Kingdom (Application Nos 20166/ 92,
20190/ 92) [1995] 21 EHRR 363, [1996] 1 FLR 434
36
T v United Kingdom; v v United Kingdom [2000] 2 All
ER 1024, [2000] 30 EHRR 121 546, 551
Tachographs, Re (Case 128/ 78); sub nom Commission
of the European Communities v United Kingdom
(Case 128/ 78) [1979] ECR 419 103, 120
Tanistry Case [1608] Dav Ir 28 124, 742
Taxquet v Belgium [2009] (unreported) (Application
no. 926/ 05), Janua巧r 13, 2009, ECHR 277
Taylor v Goodwin [1879] 4 QBD 228, 43 JP 653 73
Taylor νLawrence [2002] EWCA Civ 90, [2003] QB
528 574
Thakkarv Patel [2017] EWCA Civ 117 673
Thoburn v Sunderland City Council [2002] EWHC 195
(Admin), [2003] QB 151 116, 117, 120, 360
Thomas v National Union of Mineworkers (South
Wales Area) [1986] Ch 20, [1985] 2 WLR 1081
188
Thomas v Sawkins [1935] 2 KB 249 436
Three Rivers DC v Bank of England (No. 2) [1996]
2 All ER 363 70, 79
Turkington v Times Newspapers [2000] 4 All ER 913,
[2000] 3 WLR 1670 73
Twomey v United Kingdom (Application Nos
67318/ 09 and 22226/ 12) [2013] ECHR 578 255
United Kingdom v Council of the European Union
(Case C-84/ 94) [1996] All ER (EC) 877, [1996]
ECR 1-5755 103
United States v Windsor 133 S. Ct. 2675 [2013] 375
Van Duyn v Home Office [1974] 1 WLR 1107 110,
111
Van Gend en Loos v Nederlandse Tariefcommissie
(Case 26/ 62) [1963] ECR 3 108, 110, 138
Veluppillai v Veluppillai [2015] EWHC 3095 631
VinterνUnited Kingdom [2013] ECHR 66069/ 09,
[2013] All ER (D) 158 (Jul) 517, 518
Volker und Markus Schecke v Land Hessen [2012] All
ER (EC) 127 379
Von Colson v Land Nordrhein-Westfalen (Case C-14/ 83)
[1984] ECR 1891 112
Waddington v Miah (Otherwise Ullah) [1974] 1 WLR
683 361
Walters v WH Smith & Son Ltd [1914] 1 KB 595 420
Ward v James (No. 2) [1966] lQB 273 256
Whitelyv Chapell [1868] LR 4 QB 147 58, 78
Willers v Joyce [2016] UKSC 43 & 44 17-19
Willis v MRJ Rundell & Associates Ltd [2013] EWHC
2923 (TCC), [2013] 3 EGLR 13, [2013] All ER (D)
36 (Oct) 618
Wilson v First County Trust Ltd [2003] UKHL 40,
[2004] 1 AC 816 367
Wilson v Secretary of State for Trade and Industry
[2003] UKHL 40, [2004] 1 AC 816 71, 73, 79, 368,
387
Another random document with
no related content on Scribd:
 “What’s that? A new disease?”
The boy laughed.
“It does sound rather like a disease, doesn’t it? No, it’s the same
sort of thing as Poole’s Myriorama.”
“I’m no wiser.”
“Well, it’s a set of large coloured pictures of places in foreign parts.
And there are some singers with guitars. Italian perhaps.” Ah,
cunning Bram!
“Italian, eh? And you want to gaze into their liquid and passionate
orbs, eh?”
“I would rather like to—only as a matter of fact I haven’t got any
chink. Caleb lent me some, but he won’t lend me any more till I pay
him back. I’ve had to give him my best bat till I do.”
“How much do you owe the little alligator?”
“Two and threepence halfpenny, and sixpence interest up to date,
and twopence for the linseed oil for oiling the bat, because he said
he’d have to keep it in good condition during the winter. Two and
elevenpence halfpenny altogether.”
Mrs. Fuller grunted.
“And anyway papa won’t let me go down into Brigham unless I can
get a good excuse.”
“And so you want an excuse from me? Ho capito. Well, Bram, it’s
a strange thing, but my rheumatism has suddenly become very bad
and I’d be much obliged if you’d go down into Brigham and buy me a
bottle of embrocation. Here’s five shillings. I don’t want the change.
St. Jumbo’s Oil is the name of the embrocation. It’ll probably take
you all the evening to find it, and if you don’t find it I shan’t really
mind, because my rheumatism is bound to be much better by the
time you come back.”
“I say, grandmamma, you are ... you are....”
 But Bram could not find any word to describe her suitably without
blushing too deeply to attempt it.
Blundell’s Diorama which filled the Brigham Corn Exchange (not
much corn was sold there by this date) was an entertainment at
which the least sophisticated would scoff in these cinematographic
days. It consisted of a series of crude and highly coloured views of
the world’s beauty spots treated in the panoramic manner of the
drop-curtain. The lighting was achieved by gas footlights and floats
with occasional assistance from amber, green, and crimson limes.
Mr. Blundell himself, a gentleman with a moustache like an Aintree
hurdle, and dressed in a costume that was something between a
toreador’s, a cowboy’s, and an operatic brigand’s, stood in front to
point out with a stock-rider’s whip the chief objects of interest in each
picture that was unrolled for an absorbed audience.
“This scene to which I now have the pleasure of inviting your
earnest attention represents the world-famous Bay of Naples. ‘Veedy
Napowly ee poy morry,’ as Dante said. Dante, I may remind you was
the Italian equivalent of our own William Shakespeare, the world-
famous dramatic genius at whose house in Stratford-on-Avon we
have already taken a little peep this evening. Yes, ‘See Naples and
die,’ said the Italian poet. In other words, ‘Don’t waste your time over
sprats when there’s whales to be caught.’ The world-famous fir-tree,
on the extreme right of the picture as I stand, is reputed to be two
thousand years old, and under its hoary branches it is said that the
Emperor Nero held many of his most degraded orgies, which I shall
not sully your eyes by exhibiting at an entertainment to which I flatter
myself the youngest infant in Brigham can come without a blush. The
waters of the Bay of Naples as you will note are always blue, and the
inhabitants of the gay city are renowned for macaroni and musical
abilities. With your kind permission the Sisters Garibaldi will now give
you a slight impression of the atmosphere of Beller Napowly as it is
affectionately called.”
Two young women dressed in ribbons and sequins immediately
pranced on to sing Santa Lucia, while the lecturer beat time with his
stockwhip, rolling occasionally a sentimental eye at the audience.
When the music was over, he invited their attention to various
architectural features in the landscape, and then, assuming a tragic
profundity of tone, he continued:
“Hitherto all has been fair, but the words ‘See Naples and die’
have sometimes been fraught with a much deeper significance. On
the extreme left as I stand you will observe towering above the
unconscious city the mighty peak of Vesuvius, the world-famous
volcano which from time to time commits the most horrible eruptions
and threatens to overwhelm with boiling lava the gay city at its base.
With your kind permission I shall now have the pleasure of giving
you a realistic representation of the city of pleasure when threatened
by one of the burning mountain’s all too frequent outbursts.”
He signalled with his whip to the limelight man at the back of the
hall. Whereupon after a loud preliminary fizzing a crimson glow
suffused the whole picture, while the orchestra, consisting of a piano,
a flageolet, and a double-bass, played the “Dead March” from Saul.
“Our next picture shows you the world-famous Alhambra of
Granada by moonlight....”
No tragedy here, but a transparency moon and a pas de deux by
the Sisters Garibaldi accompanied by castanets, which on the
authority of Mr. Blundell was a lifelike rendering of the world-famous
Spanish fandango....
When the performance was over, Bram emerged from his
circumgyration of the illustrated world feeling that something must be
done about Brigham. After the sequins and ribbons and cobalt seas,
after bullfights and earthquakes, juggernauts, pagodas, and palms,
Brigham in the wind and wet of a Saturday night in March was not to
be endured without some kind of protest. To go meekly back to
Lebanon House and a long jobation from his father on the sin of
attending a public performance in which female dancers actively
participated was unimaginable in this elated mood. If there had to be
a row, why couldn’t there be a row over something that really
deserved it?
“My gosh, Jack, I’m just itching to do something,” he confided to
his chum. “Don’t you wish we had wings and could fly right away to
the other end of the world now?”
“What’s the use of wishing for wings?” objected young Fleming,
who had enjoyed the entertainment, but was not prepared to be
mentally extravagant in its honour.
“Well, of course I don’t mean real wings,” Bram explained. “Only, I
simply can’t stick Brigham much longer. I couldn’t stick it even if I left
school.”
They were passing Bethesda as Bram was speaking, and the sight
of its hideousness looming up in the empty wet gaslit street revolted
the boy.
“I wish I could burn that down,” he exclaimed savagely.
“Well, you can’t do that either,” said his friend. “So what’s the good
of wishing?”
“I say, Jack, there’s a window open! I believe I could climb in,”
declared Bram in sudden excitement.
Jack Fleming was not one of the Peculiar Children of God, nor had
he any clear notion how severe a penalty was entailed by sacrilege;
but the idea of climbing into any place of worship by night—church,
chapel, or meeting-house—filled him with superstitious dread,
besides alarming him in its legal aspect.
“Don’t be a mad ass,” he adjured his friend. “What would you do if
you did climb in?”
“Oh, I don’t know. Just mess it up,” said Bram.
“But supposing you were caught?”
“Well, it would be worth a row. You don’t know my governor, Jack.
If you knew him, you’d do anything that was worth while getting pi-
jaws for. I get pi-jaws now for nothing. If you funk it, don’t stay with
me. But I’m going to climb into that rotten old tabernacle, and if I can
burn it up, I jolly well will burn it up.”
Jack Fleming was seized with panic. Bram was always a mad sort
of chap, but this project was far madder than anything of which he
had fancied him capable.
 “Look here, I’ve got to be in soon,” he protested. “And you’ve
farther to go than I have. Don’t play the giddy goat.”
But Bram’s mind was dancing with the brightness of Blundell’s
Diorama. He had no patience with the dull brain of his friend.
“I tell you I’m going to climb in,” he insisted.
“Well, I tell you I’m going home,” said Jack.
“All right then, go!” Bram could not forbear shooting a poisoned
shaft. “Only if there’s a row, don’t peach, that’s all I ask.”
“You needn’t sneer at a fellow just because he doesn’t happen to
be quite such a giddy goat as yourself,” said Jack.
But Bram was riding over the deserts of Arabia: he was away on
the prairies farther than Fenimore Cooper or Mayne Reid had ever
taken him; Chimborazo towered above his horizon, not the chimney-
pots of Brigham.
“See you on Monday as usual,” he called back cheerfully to his
friend as he leapt up and caught hold of the sill. A moment later his
lithe shape had vanished in the darkness of Bethesda. Jack Fleming
hesitated a moment: but after all he was not one of the Peculiar
Children of God, and if it became a case for the magistrates, they
might take a more serious view of his behaviour as the son of a
church-going solicitor than of Bram’s, who was the grandson of a
chief apostle. Jack turned his face homeward.
Meanwhile, inside the tabernacle Bram was wondering what he
should do with the beastly place. He struck a match, but the
shadows it conjured all over the great gaunt building made him
nervous, and he soon abandoned the project of burning the whole
place to the ground. He thought and thought how to celebrate his
adventure at the expense of the worshippers when they gathered
together to-morrow morning to groan loudly over their own sins and
louder still over the sins of other people. He could think of nothing.
Inspiration was utterly lacking. Had he known beforehand that he
was going to break into Bethesda like this, what a multitude of tricks
he would have been ready to play. As it was, he would just have to
climb out again and be content with the barren triumph of having
climbed in. He had struck another match to light his path out among
the benches without barking his shins as he had barked them feeling
his way in from the window, and it illuminated a cardboard packet of
tintacks evidently left there by the caretaker, who must have been
renovating something or other in honour of the approaching
Sabbath. Bram did not hesitate, but forthwith arranged four tintacks
on each of the pitch-pine chairs of the eleven apostles and actually
half-a-dozen, and these carefully chosen for their length and
sharpness, on the marble chair of the chief apostle himself. For once
in a way he should look forward to Sunday morning; for the first time
in his life he should be able to encounter with relish the smell of veils
and varnish in Bethesda. Of course, it would be too much to hope
that all the fifty tintacks would strike home, but the chances were
good for a generous proportion of successes, because it was the
custom of the twelve apostles to march in from the apostolic
snuggery and simultaneously take their seats with the precision of
the parade-ground.
While Bram was having to stand up and listen to a long pi-jaw that
night on his return, he nearly laughed aloud in thinking that to-
morrow morning in Bethesda his father who occupied at present the
chair of James the Less would wish that he was standing too. Before
going to bed Bram went to wish good night to his grandmother and
thank her for the way she had helped him.
“I wish I could travel round the world, grandmamma.”
“Ah, child, be glad that you can still have wishes. It’s when all your
wishes turn to regrets that you can begin sobbing. Here am I, with
only one wish left.”
“What’s that?”
“The grave,” said the old lady.
Bram was startled when his grandmother said this with such
simple earnestness. Death presented itself to his young mind as
something so fantastically remote that thus to speak of it as within
the scope of a practical wish seemed to demand some kind of
distraction to cure such excitability.
 “You never go to Bethesda, do you, grandmamma?”
She laughed and shook her head.
“I wish you’d come to-morrow morning.”
“What, at seventy become a Peculiar Child of God? No, Bram, I
may be in my second childhood, but it’s not going to be a peculiar
second childhood.”
“All the same, I wish you would come. I think you’ll laugh.”
Bram’s dark eyes were twinkling so brightly in anticipation of the
scene to-morrow morning that his grandmother’s curiosity was
roused. However, he would not tell her why he advised her to sample
the meeting-house for the first time in her life to-morrow. He still
retained enough of the child’s suspicion of the grown-up’s theory of
what is and what is not a good joke to make him cautious even with
her, though he was extremely anxious to give the old lady the benefit
of the diversion he had prepared. He was so urgent indeed that in
the end she actually promised to come if she felt able to stand the
prospect in the morning.
Before going to bed Bram went into his brother’s room and paid
him back the loan with interest.
“And I’ll have my bat to-night, thank you very much,” he said.
Caleb did not play cricket himself, but he was much disgusted at
losing the bat, because he had planned to sell it for at least five
shillings at the beginning of the summer term.
“Look here, I’ll give you three shillings for it, if you don’t want to
pay me back the money, Bram.”
“No, thanks.”
Caleb tried his last resource. Sleep was heavy on his eyelids, yet
he managed to suffuse his pink podgy countenance with that bland,
persuasive smile.
“It isn’t really worth more than two shillings, Bram, but as you’re
my brother I don’t mind giving you three for it.”
 Bram had one tintack left in his pocket. This he dug into Caleb’s
fat leg.
“Ouch! You cad,” Caleb squealed. “You cad! You cad! What is it?”
“A tintack,” said Bram coolly. “Want it in again? No? All serene.
Then hand over the bat.”
He retired with his rescued treasure to his own room, and for five
minutes in the joy of repossession he practised playing forward and
back to the most devilishly tricky bowling until at last he caught the
leg of the bedstead a whack which clanged through the nocturnal
quiet of Lebanon House like an alarm bell. Whereupon Bram
hurriedly put out the gas and jumped into bed. People were right
when they said he was very young for his age and wondered how
Joshua Fuller ever produced such a flipperty-gibbet of a son.
The next morning was fine, and old Mrs. Fuller’s announcement
that she was going to visit Bethesda threw the household into
consternation.
“Mamma!” the eldest daughter gasped. “Why, you’ve never....”
Mrs. Fuller quelled poor Achsah instantly.
“Thank you, my dear, I am not yet in my dotage. I know precisely
what I have done and what I have not done in my life.”
“You don’t think you’ll catch cold?” suggested Thyrza.
“Not if your father preaches about Hell,” said the old lady.
“If you’re coming to mock, mamma,” her son interposed, “I can’t
help feeling it would be better if you stopped away.”
“Hoity-toity, Master Joshua,” the old lady chuckled.
What the chief apostle thought about his wife’s intention did not
transpire, for he was so deaf nowadays that his family considered it
wiser not to apprise him of the sensational news. He would probably
never understand what they were trying to tell him, but if he should,
the nervous shock might easily render him as mute as he was deaf,
to the detriment of his weekly discourse, which was the delight of the
older Peculiars, flavoured as it was with the brimstone and sulphur of
the sect’s early days. The chief apostle, no doubt partly on account
of his pyrotechnical knowledge, could conjure hellish visions against
any preacher in the land.
There was some discussion about who should drive to chapel in
the Fuller brougham, a dreadful old conveyance looking like a large
bootblack’s box, which had been picked up cheap at the sale of a
deceased widow’s effects. Either Achsah or Thyrza usually
accompanied their father. There was no room for a third person
when Mr. Fuller and his beard were inside.
“Don’t disturb yourselves,” said Mrs. Fuller. “I’ve sent the boy to
fetch a fly from the hotel. Bram can be my beau.”
When she and her grandson were driving off together, she turned
to him and said:
“Now what is the reason for having dragged me out in this musty
fly on a Sunday morning?”
Her regard was so humorous and candid that the boy surrendered
his suspicion and confided to her what he had prepared for the
apostles.
“I’ll give you sixpence for every tintack that goes hard home,” the
old lady vowed. “I’d give you a sovereign apiece, if I had the money.”
The congregation of Bethesda seemed to be composed of candle-
faced men and fiery-nosed women. The atmosphere literally did stink
of respectability, for even scented soap was considered a diabolic
weapon. However, in spite of the discouragement that the male
Peculiars accorded to the vanity of female dress, the female
Peculiars were as well equipped with panniers and bustles as the
fashionable females of other sects. In view of what was waiting for
them, it was unfortunate for the men that they too did not wear
bustles. Bram cast an eye on the apostles’ chairs and whispered to
his grandmother that the tintacks were undisturbed. She emitted a
low chuckle of approbation such as that with which a parrot
welcomes some special effort of ventriloquism by a human being.
The door of the apostolic snuggery opened. Shambling along with
an exaggeration of the way he used to shamble as a young man,
followed by a trail of dismal men, most of whom had mutton-chop
whiskers, came Caleb Fuller making for the chair of Simon Peter—
oblivious presumably of the Popish claims thereby implied. The sons
of Zebedee were represented by two grocers in partnership—
Messrs. Giddy and Dopping. Andrew suitably had an expatriated
Scotsman in the person of Maclozen the chemist. Philip,
Bartholomew, Matthew, and Thomas were earthily represented by
Mr. Hunnybum, Mr. Rabjohn, Mr. Campkin, and Mr. Balmey. The seat
of James the Less was Joshua Fuller’s. Simon and Jude found their
types of apostolic virtue in Mr. Pavitt and Mr. Pead, and finally Mr.
Fricker, a sandy-haired young man who walked the shop of Mr.
Rabjohn the draper, followed humbly in the rear as the coopted
Matthias, hoping no doubt one day to lead the lot as patriarchally as
Mr. Fuller was leading them this morning.
“Brethren,” the chief apostle groaned. “I am four score years and
two in the sight of the Lord, and my sins are as scarlet.”
“Made with chlorate of potash,” muttered Mrs. Fuller, “so bright a
scarlet are they.”
“Brethren, groan with me.”
The Peculiar Children of God groaned lustily.
“Brethren, we will now be seated until one of us shall be moved by
the Spirit of the Lord to testify.”
The congregation rustled down into their seats. The apostles sat
down firmly and austerely as became leaders of religion. The
congregation remained seated. The apostles rose with a unanimous
howl, moved not by the Spirit, but by the fifty tintacks, every one of
which, by old Mrs. Fuller’s reckoning when she paid over twenty-five
shillings to Bram, must have struck hard home.
Of course, there was an investigation into the lamentable affair by
the apostolic body of the Peculiar Children of God. The caretaker
was invited to explain the presence of all these tintacks on the
apostolic chairs. It was idle for the caretaker to deny all knowledge of
tintacks, because in the chapel accounts there was an item against
her, proving that she had only this week purchased for use in
Bethesda a large packet of tintacks. This purchase of tintacks she
made no attempt to deny, but she maintained, without her evidence
being in the least shaken, that when she last saw the tintacks the
bulk of them remained in the cardboard box from which she had
taken only two or three to nail down the strips of carpet on the
benches where they had come loose. It seemed equally idle for the
apostles to accuse such a ramshackle old woman of having
deliberately arranged the tintacks as weapons of offence, nor could it
seriously be argued that mere carelessness was responsible for
leaving them about point upward in groups of four. Some of the older
apostles were inclined to blame the Devil for the assault; but the
younger members of the apostolic body, reacting to the spirit of
intellectual progress that was abroad, could not accept the theory of
so literally diabolic a practical joke. Mr. Fricker, the junior apostle, put
forward an opinion that the outrage had been committed by
members of the Salvation Army, a body which was making
considerable and most unwelcome progress in Brigham. The result
of the investigation, however, was to leave the horrid business wrapt
in mystery, in which costume it would doubtless have remained for
ever if that afternoon young Caleb Fuller had not said to his father
with a smile of radiant innocence:
“Papa, how funny it should have been tintacks on your chair.”
“What do you mean by ‘funny,’ my boy?” demanded Joshua
angrily. “What are you grinning at?”
“I didn’t mean to grin, papa,” said Caleb, turning out his smile as
swiftly as if it were a flaring gas-jet. “What I meant was ‘funny’ was
that last night Bram had a tintack in his pocket, because he ran it into
my leg.”
“Bram had a tintack?” repeated the father.
“Yes, and he was out late last night, and Mrs. Pead was saying
outside Bethesda that she’d noticed one of the windows in the
chapel was left open all last night.”
Joshua Fuller’s pasty face pulsed and sweated like a boiling
beefsteak pudding.
 “Where’s Bram now?”
“He’s upstairs in grandmamma’s room, and they were laughing,
papa. I thought it funny they should be laughing like that on a
Sunday afternoon.”
“You thought it funny, did you?” Joshua growled. “If you don’t look
out for yourself, my boy, I’ll thrash you soundly when I’ve finished
with your brother.”
“What have I done, papa?” Caleb began to blubber. “I thought you
wanted to find out who put the tintacks on the apostles’ chairs.”
But his father did not stop to listen. His only idea was to punish
Bram. The threat to Caleb was really nothing more than the
effervescence of his rage. In the hall he picked out from the
umbrella-stand a blackthorn stick, armed with which he entered his
mother’s parlour, where he found her feeding Bram with crumpets.
“So it was you, was it?” he chattered. “Go up to your bedroom and
wait for me.”
“What are you going to do to the boy?” old Mrs. Fuller demanded.
“What am I going to do to him? I’m going to teach him a lesson
with this.” He banged the floor with the blackthorn.
“You’ll never use that on him, Joshua,” said his mother.
“Won’t I?”
“Never! Bram, don’t let your father touch you with that stick. If he
strikes you, strike him. You’re as good a man as he is in a fight.
Strike him hard, hard, d’ye hear?”
“Are you mad, mamma, to encourage the young ruffian in this
way?”
“He’ll be mad if he lets you strike him.”
While the other two were talking, a very white Bram was settling
his future as rapidly as a drowning man is supposed to review his
past. Fifty tintacks at sixpence apiece? Twenty-five shillings in his
pocket. The only time he had ever been rich in the whole of his life!
This would mean leaving the grammar school. He would have to
work in the factory. “The bottom of the ladder, my boy; that’s the way
to begin.” No pocket money. Sticking at accounts, Brigham, eternally,
hopelessly. Always Brigham. And Lebanon House. And the flogging.
The pain wouldn’t matter. But the disgrace of it at his age! And
begging grandpapa’s pardon. Shouting his apologies in those hairy
ears. Coming always a little closer and trying to make himself
understood, closer still. So close that he would be sick with the smell
of stale food on that filthy old white beard. Apologising to the rest of
them. To Giddy and Dopping and Hunnybum and Pead. Apologising
to that horrible brute Fricker? No! Prayed for publicly by the
Peculiars as last Sunday they prayed for that girl who had a baby?
No!
“How did you find out, papa?” Bram heard himself saying from an
infinitely remote distance. He was shivering lest he should hear that
Jack Fleming had betrayed him.
“Because, thank the dear Lord, I have one son who knows his duty
as a Christian,” his father was saying.
Of course! Caleb had had a taste of tintack last night. No! No! No!
He could not give that little sneak the pleasure of gloating over his
punishment. No! The pictures of Blundell’s Diorama rolled across his
memory. Cobalt seas and marble halls, pagodas, palms ... twenty-
five shillings in his pocket and the world before him if he could only
make up his mind.
“Did you hear me tell you to go up to your bedroom, my boy?”
“Grandmamma, grandmamma, let me kiss you good-bye,” Bram
cried by the door.
The old lady drew near.
“Grandmamma,” he whispered as she folded him to her withered
breast, “I’m going to run away. Can you keep him in?”
Bram heard the key turn in the lock and a loud chuckle beyond the
closed door. Then he heard the sound of his father’s voice raised in
anger. Bram paused. Surely he would not strike grandmamma. He
listened a moment at the keyhole, smiled at what he heard his father
being called, and, blowing back a kiss to reach through the closed
door the old lady’s heart, hurried up to his room. But not to wait there
for his father to come with the blackthorn. No, just to throw a few
clothes into an old carpet-bag and a minute or two later to go
swinging out of Lebanon House for ever. On his way down the drive
he remembered that he had not licked Caleb for peaching. It was a
pity to let the little brute escape like that. He hesitated, decided that it
was not worth while to run the risk of being caught merely in order to
lick Caleb, and swung on down the drive. He had no plans, but he
had twenty-five shillings in his pocket, and there was a train to
Liverpool in half-an-hour. As a dissipation he had sometimes
watched its departure on the Sunday afternoons when he managed
to escape from Lebanon House and Bible readings, which was not
often. Of course, there would be plenty of people to tell his father
where he had gone. But Liverpool was a larger place than Brigham,
and, if he could not get taken on by the captain of an outward-
bounder, he would be a stowaway. Something would turn up. Bram
hurried on. It was a good mile from Lebanon House to the railway
station. The booking-clerk stared through his pigeon-hole when
Bram asked for a single to Liverpool. The idlers on the platform
stared when they saw Bram Fuller, the grandson of the great Caleb,
shoulder his carpet-bag and enter the Liverpool train. But Bram
himself stared hardest of all when he found himself in a compartment
with Mr. Blundell of Blundell’s Diorama and the Sisters Garibaldi.
 CHAPTER VI
THE DIORAMA
Mr. Blundell did not believe in allowing the public to suffer in
ignorance of who he was. This was not merely due to a desire to
advertise himself and his goods. He was genuinely anxious to give
the public a treat, and his progress from town to town was a kind of
unlimited extension of the free-list. There he sat opposite Bram as if
the wooden seat of the third-class compartment were a Mexican
saddle, the train a bronco. On the other hand, the Sisters Garibaldi
had lost most of their exotic charm now that they were dressed like
other women in panniers and bustles instead of the ribbons and
sequins of Southern romance. What was left of it vanished for Bram
when he heard one of them say to the other in an unmistakably
cockney accent:
“Did that masher in front send you the chocolates he promised,
dear?”
“No, he didn’t, the wretch.”
“I told you he’d have to pawn his trousers before you ever saw
those chocolates, didn’t I, dear?”
“I wouldn’t like to say what you’ve told me and what you haven’t
told me, dear. You wag your tongue a good deal faster than what a
dog wags its tail.”
Mr. Blundell doffed his sombrero and revealed a head of hair that
was ridiculously out of keeping with that haystack of a moustache,
for it looked as if somebody had unwound the shining black twine
from the handle of a cricket bat and tried to wind it again with less
than half the quantity.
“Now, girlies,” he remonstrated in a fruity voice, “don’t make things
uncomfortable all around by arguing. Us men don’t like to see little
birdies pecking at one another. That’s right, isn’t it?”
This appeal was addressed to Bram, who smiled as politely as he
knew how and received in exchange a wink from Mr. Blundell so
tremendous as almost to give the impression that he had pulled
down the curtain of the compartment window and let it go up again
with a snap.
“Going far?” he continued genially.
“Liverpool.”
“By thunder, so are we. The long arm again! You can’t get away
from it in this world. My name’s Blundell.”
This information was vouchsafed with an elaborate nonchalance.
“Unwin U. Blundell,” he added.
“I was enjoying the Diorama last night,” Bram said. “It was simply
splendid.”
“Ah, you were in front? Dainty little show, isn’t it? Instructive, yet at
the same time trees amusong as the Froggies say. Bright, but never
coarse. Rich, but never ostentatious. Funny thing, I suppose I’ve
knocked about the world more than most of us have, and yet I’ve
always set my face against anything the teeniest tottiest little bit
coarse. Did you notice I said my name was Unwin U. Blundell? Got
me, as our cousins the Americanos say? The initials by themselves
would be coarse, and my entertainment is refined from start to
finish.”
One of the Sisters Garibaldi giggled.
“Now, Clara,” he said severely. “By the way, permit me, Miss Clara
Garibaldi, Miss Mona Garibaldi, Mr....”
“Bram Fuller.”
“No relation to Fuller’s Fireworks, I suppose?”
Bram explained that he was.
“By Jenkins, the long arm again! Why, only last week at Burton-on-
Trent I used a packet of Fuller’s squibs for the eruption of Mount
Vesuvius. But I had to give it up. Yes, I found it frightened the women
and children too much. They were so shook by the effect that when
the moon rose behind the Alhambra they thought that was going off
with a bang and started screaming again, so the fandango went
rotten.”
“It certainly did,” the Sisters Garibaldi agreed in a huffy chorus.
“Coming back to my name,” said Mr. Blundell. “What do you think
my second name is? I’ll give you a sovereign if you can guess it in
three. That offer’s on tap to any stranger with who I have the
pleasure of a heart to heart. Give it up? I thought you would. Ursula!”
“But that’s a girl’s name, isn’t it?” Bram said in astonishment.
“Of course it is. But my dear old mother got it into her head that it
was a boy’s name. The parson argued with her. The sexton argued.
The godfathers and godmothers argued. The only one that didn’t
argue was my poor old dad, who knew better. So, Ursula I was
christened, by thunder. Unwin Ursula Blundell.”
The confidential manner of the showman invited confidence in
return, and before the train had puffed out of more than two of the
stations between Brigham and Liverpool he was in possession of
Bram’s history.
“So you’re thinking of going to sea? It’s a hard life, my young
friend. Can’t you think of a better way of earning a living than rolling
down to Rio? What about the boards?”
Bram looked puzzled.
“The stage. The profession. Tragedy! Drama! Comedy! Farce!”
“Well, I’d like to be an actor,” said Bram eagerly. “But could I act?
My grandmater said I was a jolly good mimic.”
“There you are! What more do you want?”
“But aren’t I rather young?” Bram asked, in a sudden panic that he
was making a fool of himself. “I mean, who would give me anything
to act?”
 “That’s where Unwin U. Blundell enters, my young friend. Let’s
figure out your case. You want to keep out of the way of your father.
You don’t want to be hauled back to Brigham and set to work in an
office. Am I right?”
Bram nodded.
“So far, so good. Now we’re up against the long arm again. I want
a young cannibal chief as an extra attraction for the Diorama. Why
shouldn’t you take on the job? It’ll mean staining yourself brown and
talking some kind of gibberish when I give the cue. I’ll stand you in
board and lodging and pay you five shillings a week for yourself.
What’s more, I’ll teach you how to look like a cannibal chief, and how
to act like a cannibal chief. I’d want a short war dance every night.
The girls will fake up something tasty there. Then before the show
begins you could shake hands with the audience at twopence a
head. Mind you don’t forget to shiver all the time. That’ll make the
women take an interest in you. But you mustn’t forget you’re a
cannibal. If anybody with a bit of ombongpong comes in to take a
peep at you, you’ll want to gloat some. You know what I mean? Look
as if you was thinking which was the best slice. That’ll go great. I
was thinking of touring a big baboon, but a cannibal chief’s worth two
baboons. Nothing derogatory, if you follow my meaning. We’ll make
you a prince, so as you’ll be treated with respect. Prince Boo Boo.
You want to give ’em a nice easy name so as they can talk about it
to their friends without thinking that some Mr. Knowall in the corner’s
going to jump up and correct them all the time. Nobody could go
wrong over a name like Boo Boo. An infant in arms could say it.
Prince Boo Boo, the world-famous cannibal chief from the savage
Solomon Islands. The youngest son of the world-famous King Noo
Noo who boasts of having eaten twenty-three missionaries, nine
traders, and fourteen shipwrecked mariners since he ascended the
throne. Prince Boo Boo himself was taken as a hostage for the lives
of three French sailors who had been captured by his father.
Unfortunately the king’s appetite was so ferocious and the sailors
were so fat that without thinking about his youngest son he went and
ate the lot. Prince Boo Boo was carried off to Europe where Unwin
U. Blundell, always on the quee vyve for novelties that will attract his
many patrons all over the civilised world, secured his exclusive
services. Come on, say the word, and we’ll get the bills printed and
the costume made in Liverpool, and on Monday week we’ll show ’em
what’s what when we open in St. Helens.”
The runaway did not hesitate. Mr. Blundell’s offer solved the
problem of his immediate future far more swiftly and far more easily
than he would ever have dared to hope.
Bram was a great success as a young cannibal chief. His natural
shivers during the excesses of an English summer filled the hearts of
all the women with the warmest sympathy, and a moment later the
way he gloated over imagined titbits of their anatomy made them
shiver as realistically as himself.
“It’s going great, laddie,” Unwin U. Blundell declared. “To rights, it’s
going. Props at the Royalty, Blackburn, who’s an old pal of mine, is
making me a two-pronged wooden fork, which was used by your
dad, King Noo Noo. With a bit of bullock’s blood we’ll have the ladies
of Bolton in a state of blue horrors next week. And if one of ’em
faints, laddie, there’s a shilling onto your salary when the ghost
walks next Friday night.”
The Sisters Garibaldi were inclined to be jealous of Bram at first,
but their feelings were appeased by being given a special new dance
in which they were dressed in costumes that looked like rag mats
trimmed with feather dusters, a dance that began with a seated
swaying movement and ended with wild leaps into the air to the
accompaniment of cannibalistic whoops.
Bram stayed with Unwin U. Blundell for nearly two years; but he
did not remain a young cannibal chief to the exclusion of everything
else.
“It’s not good for any actor to play one part too long. My old
granddad was considered the finest Hamlet ever seen on the
Doncaster circuit. Well, I give you my word, after you’d heard him in
‘To be or not to be,’ you didn’t know yourself if you were or if you
weren’t. But he played it too often, and he thought he’d vary things a
bit by playing Richard III and Macbeth on the Shakespeare nights.
But it was too late. He knew he’d waited too long the very first night
he played Macbeth, because instead of saying ‘Is this a dagger that I
see before me?’ he started off ‘Is this a bodkin that I see before me?’
It humiliated him, poor old chap, and he gave up tragedy and took to
farce, and that killed him. Yes, it’s a mistake to get into a groove.”
So one day Prince Boo Boo disappeared from the programme of
Blundell’s Diorama and was succeeded by Wo Ho Wo, a Chinese
philosopher. The Celestial did not prove an attraction, and Wo Ho
Wo soon gave place to Carlo Marsala, the boy brigand of Sicily, a
part which suited Bram to perfection, so well indeed that the Sisters
Garibaldi could not bear it and were only persuaded to stay on with
the Diorama by turning Bram into a young Red Indian brave, and
featuring him in a dance with his two squaws before the tableau of
Niagara.
In addition to the various geographical rôles he enacted with
Unwin U. Blundell, Bram learnt something about theatrical publicity,
and no doubt, if he had cared, he might have learnt from Mona and
Clara Garibaldi a good deal about love. Although their obvious
inclination to make him a bone of contention did not give Bram the
least pleasure or even afford him the slightest amusement, Mr.
Blundell, who had evidently been observing the pseudo-sisters
becoming quite like real sisters in the fierceness of their growing
rivalry, ventured to utter a few words of worldly admonition to the
endangered swain.
“Don’t think I’m trying to interfere with you, laddie. But I’ve had so
much of that kind of thing myself, and I’d like to give you the benefit
of my experience. Never try and drive women in double harness. You
might as well try and drive tigers. They’ll start in fighting with each
other, but it’s your head that’ll get bit off, that’s a cinch. I wouldn’t be
what I am now—Unwin U. Blundell of Blundell’s world-famous
Diorama—if I’d have let myself go galloping after the ladies. Two
whiskies, and a man’s a man. Two women, and he’s a miserable
slave. What does Bill Shakespeare say? ‘Give me the man that is
not passion’s slave.’ Take it from me, laddie, if Bill said that, he
meant it. He’d had some. That’s what I like about the One and Only.
He’s had some of everything.”