English Legal System 2016 2017 17th

Edition Catherine Elliott

Visit to download the full and correct content document:
https://textbookfull.com/product/english-legal-system-2016-2017-17th-edition-catherin
e-elliott/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...

The English Legal System Gary Slapper

https://textbookfull.com/product/the-english-legal-system-gary-
slapper/

Criminal Law 11th Edition Catherine Elliott

https://textbookfull.com/product/criminal-law-11th-edition-
catherine-elliott/

Unlocking the English Legal System Rebecca Huxley-Binns

https://textbookfull.com/product/unlocking-the-english-legal-
system-rebecca-huxley-binns/

English Legal Terminology Legal Concepts in Language

4th Edition Helen Gubby

https://textbookfull.com/product/english-legal-terminology-legal-
concepts-in-language-4th-edition-helen-gubby/
Psychology and the Legal System Ninth Edition Edith
Greene

https://textbookfull.com/product/psychology-and-the-legal-system-
ninth-edition-edith-greene/

AI Approaches to the Complexity of Legal Systems AICOL

International Workshops 2015 2017 AICOL VI JURIX 2015
AICOL VII EKAW 2016 AICOL VIII JURIX 2016 AICOL IX
ICAIL 2017 and AICOL X JURIX 2017 Revised Selected
Papers Ugo Pagallo
https://textbookfull.com/product/ai-approaches-to-the-complexity-
of-legal-systems-aicol-international-workshops-2015-2017-aicol-
vi-jurix-2015-aicol-vii-ekaw-2016-aicol-viii-jurix-2016-aicol-ix-
icail-2017-and-aicol-x-jurix-2017-revise/

An Introduction to English Legal History 5th Edition

John Baker

https://textbookfull.com/product/an-introduction-to-english-
legal-history-5th-edition-john-baker/

Common Considerations 2016 edition Edition Illinois

Institute For Continuing Legal Education

https://textbookfull.com/product/common-
considerations-2016-edition-edition-illinois-institute-for-
continuing-legal-education/

Contract and Business Disputes 2017 edition Edition

Illinois Institute For Continuing Legal Education

https://textbookfull.com/product/contract-and-business-
disputes-2017-edition-edition-illinois-institute-for-continuing-
legal-education/
 Catherine Elliott & Frances Quinn

£ ^ [ 111M 1 ,4 ^

"M. °

English

nn
O

Legal
T

Sy ste m

Seventeenth Edition

2016/2017

o o

ALWAYS LEARNING PEARSON

English Legal System
 PEARSON

At Pearson, we have a simple mission: to help people make

more of their lives through learning.

We combine innovative learning technology with trusted content

and educational expertise to provide engaging and effective
learning experiences that serve people wherever and whenever
they are learning.

From classroom to boardroom, our curriculum materials, digital

learning tools and testing programmes help to educate millions
of people worldwide - more than any other private enterprise.

Every day our work helps learning flourish, and wherever

learning flourishes, so do people.

To learn more, please visit us at www.pearson.com/uk

English Legal System

Seventeenth Edition

Catherine Elliott

and

Frances Quinn

PEARSON

Harlow, England • London • New York • Boston • San Francisco • Toronto • Sydney
Auckland • Singapore • Hong Kong • Tokyo • Seoul • Taipei • New Delhi
Cape Town • Sao Paulo • Mexico City • Madrid • Amsterdam • Munich • Paris • Milan
PEARSON EDUCATION LIMITED
Edinburgh Gate
Harlow CM20 2JE
United Kingdom
Tel: +44 (0)1279 623623
Web: www.pearson.com/uk

First published 1996 (print)

Subsequent editions 1998, 2000, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012 (print); 2013, 2014, 2015 (print and electronic)
Seventeenth edition published 2016 (print and electronic)

© Pearson Education Limited 1998, 2000, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012 (print)
© Pearson Education Limited 2013, 2014, 2015, 2016 (print and electronic)

The rights of Catherine Elliott and Frances Quinn to be identified as authors of this work
have been asserted by them in accordance with the Copyright, Designs and Patents Act
1988.

The print publication is protected by copyright. Prior to any prohibited reproduction, storage
in a retrieval system, distribution or transmission in any form or by any means, electronic,
mechanical, recording or otherwise, permission should be obtained from the publisher or,
where applicable, a licence permitting restricted copying in the United Kingdom should be
obtained from the Copyright Licensing Agency Ltd, Barnard's Inn, 86 Fetter Lane, London
EC4A 1EN.

The ePublication is protected by copyright and must not be copied, reproduced, transferred,
distributed, leased, licensed or publicly performed or used in any way except as specifically
permitted in writing by the publishers, as allowed under the terms and conditions under
which it was purchased, or as strictly permitted by applicable copyright law. Any
unauthorised distribution or use of this text may be a direct infringement of the authors' and
the publisher's rights and those responsible may be liable in law accordingly.

Contains public sector information licensed under the Open Government Licence (OGL) v3.0.
http://www.nationalarchives.gov.Uk/doc/open-government-licence/version/3/

Pearson Education is not responsible for the content of third-party internet sites.
Contains Parliamentary information licensed under the Open Parliament Licence (OPL) v3.0.
http://www.parliament.uk/site-information/copyright/open-parliament-licence/

ISBN: 978-1-292-08914-0 (print)

978-1-292-08918-8 (PDF)
978-1-292-13897-8 (ePub)

British Library Cataloguing-in-Publication Data

A catalogue record for the print edition is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Elliott, Catherine, author. | Quinn, Frances, 1963- author.
Title: English legal system / Catherine Elliott And Frances Quinn.
Description: Seventeenth edition, | New York; Pearson, 2016.
Identifiers: LCCN 2015046560 | ISBN 9781292089140 (pbk.)
Subjects: LCSH: Law—England. | Justice, Administration of—England.
Classification: LCC KD662 .E45 2016 j DDC 349.42—dc23
LC record available at http://lccn.loc.gov/2015046560

10 987654321
20 19 18 17 16

Front cover image © Getty Images

Print edition typeset in 9.5/12.5pt Charter ITC Std by SPi Global
Printed by Ashford Colour Press Ltd, Gosport

NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
Brief contents

Preface xiii
Acknowledgements xiv
Table of cases xv
Table of statutes xxiii
Table of statutory materials xxviii
Cases, law reports and case references: a guide xxx

Introduction 1

Part 1 SOURCES OF LAW

1 Case law 9

2 Statute law 42

3 Statutory interpretation 53

4 Delegated legislation 79

5 European law 92

6 Custom 118

7 Equity 123

8 Treaties 131

9 Law reform 134

Part 2 PEOPLE WORKING IN THE LEGAL SYSTEM

10 The judges 155

11 The legal professions 186

12 The jury 237

13 Magistrates 275

14 Administration of justice 295

Part 3 HUMAN RIGHTS

15 Introduction to human rights 305

16 Remedies for infringement of human rights 334

vi Brief contents

Part 4 DISPUTE RESOLUTION

17 Paying for legal services 349

18 The police 380

19 The criminal trial process 429

20 Sentencing 468
21 Young offenders 510

22 The civil justice system 532

23 Tribunals 577
24 Appeals and judicial review 591

25 Alternative methods of dispute resolution 626

Part 5 CONCEPTS OF LAW

26 Law and rules 647

27 Law and morals 658

28 Law and justice 675

Appendix: Answering examination questions 683

Glossary 689
Select bibliography 692
Index 709
Contents

Preface xiii Reforms to legislative procedures 50

Acknowledgements xiv Answering questions 51
Table of cases xv Summary of Chapter 2 51
Table of statutes xxiii Reading list 52
Table of statutory materials xxviii On the internet 52
Cases, law reports and case references:
a guide xxx 3 Statutory interpretation 53
Introduction 54
Introduction 1 How are statutes interpreted? 55
The legal system in context 2 Rules of interpretation 55
The unwritten constitution 2 Interpreting European legislation 64
A written constitution? 6 Aids to interpretation 64
Reading list 6 How do judges really interpret statutes? 72
On the internet 6 Reform of statutory interpretation 75
Answering questions 76
Summary of Chapter 3 77
Part 1 Reading list 78
SOURCES OF LAW On the internet 78

1 Case law 9 4 Delegated legislation 79

Historical background 10 Introduction 80
Judicial precedent 14 The power to make delegated legislation 80
The hierarchy of the courts 15 Why is delegated legislation necessary? 82
How do judges really decide cases? 24 Control of delegated legislation 82
Do judges make law? 27 Criticism of delegated legislation 87
When should judges make law? 30 Answering questions 88
Advantages of case law 34 Summary of Chapter 4 90
Disadvantages of case law 34 Reading list 91
Answering questions 37 On the internet 91
Summary of Chapter 1 39
Reading list 40 5 European law 92
On the internet 41 Introduction 93
The aims of the European Union 93
2 Statute law 42 Modernising the European Union 95
Introduction 43 The institutions of the European Union 95
House of Commons 43 Making European legislation 102
House of Lords 43 Types of European legislation 103
Making an Act of Parliament 46 How does EU law affect the UK? 110
viii Contents

Answering questions 114 Judicial hierarchy 156

Summary of Chapter 5 116 Appointments to the judiciary 158
Reading list 117 Wigs and gowns 163
On the internet 117 Training 164
Pay 164
6 Custom 118 Promotion 164
Introduction 119 Termination of appointment 165
When can custom be a source of law? 119 Independence of the judiciary 167
Answering questions 121 Criticisms of the judiciary 168
Summary of Chapter 6 122 Reform of the judiciary 179
Reading list 122 Answering questions 181
Summary of Chapter 10 183
7 Equity 123 Reading list 184
ntroduction 124 On the internet 185
How equity began 124
Common law and equity 125 11 The legal professions 186
The Judicature Acts 126 Introduction 187
Equity today 126 Solicitors 187
Answering questions 128 Barristers 195
Summary of Chapter 7 129 Complaints 201
Reading list 130 Background of barristers and solicitors 203
Performance of the legal professions 209
8 Treaties 131 The future of the professions 212
ntroduction 132 Fusion of the professions 222
mplementation of treaties 132 Other legal personnel 227
Answering questions 133 Do we need legal professionals? 229
On the internet 133 Answering questions 231
Summary of Chapter 11 232
9 Law reform 134 Reading list 234
Introduction 135 On the internet 235
Judicial change 135
Reform by Parliament 136 12 The jury 237
Pressures for reform 137 History 238
Agencies of law reform 139 The function of the jury 239
Performance of the law reform bodies 144 When are juries used? 241
Problems with law reform agencies 149 Qualifications for jury service 244
Answering questions 150 Summoning the jury 248
Summary of Chapter 9 151 Jury vetting 248
Reading list 152 Challenges 250
On the internet 152 Discharging the jury 251
The secrecy of the jury 252
Part 2 The verdict 254
PEOPLE WORKING IN THE Strengths of the jury system 254
LEGAL SYSTEM Criticisms of the jury system 257
Reform of the jury 265
10 The judges 155 Answering questions 270
The role of the judges 156 Summary of Chapter 12 272
 Contents ix

Reading list 273 Habeas corpus 335

On the internet 274 Civil action for negligence 335
Compensation 337
13 Magistrates 275 Criminal proceedings 338
The magistrates' courts 276 Criminal Injuries Compensation Scheme 339
Magistrates 111 The Independent Police Complaints
Answering questions 291 Commission 339
Summary of Chapter 13 293 The admissibility of evidence 340
Reading list 293 The right to exercise self-defence 341
On the internet 294 Parliamentary controls 341
The Ombudsman 341
14 Administration of justice 295 Answering questions 342
The Ministry of Justice and the Summary of Chapter 16 343
Home Office 296 Reading list 344
The Lord Chancellor 297 On the internet 345
The Law Officers' Department 299
Answering questions 301 Part 4
Summary of Chapter 14 302 DISPUTE RESOLUTION
Reading list 302
On the internet 302 17 Paying for legal services 349
Introduction 350
Part 3 Unmet need for legal services 350
HUMAN RIGHTS The historical development of legal aid 352
Legal aid today 353
15 Introduction to human rights 305 Problems with the legal aid system 357
Introduction 306 Not-for-profit agencies 363
The European Convention on Conditional fee agreements 365
Human Rights 307 Contingency fees 367
The scope of the Convention 307 Third party funding 370
The administration 308 Reform 371
The Human Rights Act 1998 310 Answering questions 376
Advantages of the Human Rights Act 1998 315 Summary of Chapter 17 377
Disadvantages of the Human Rights Reading list 377
Act 1998 317 On the internet 379
A Bill of Rights for the UK? 319
The European Court of Human Rights 18 The police 380
and the CJEU 324 Introduction 381
Today's debates 326 Miscarriages of justice 381
Answering questions 331 The response to the miscarriages of justice 384
Summary of Chapter 15 332 Human Rights Act 1998 384
Reading list 333 The organisation of the police 385
On the internet 333 Police powers 387
Criticism and reform 416
16 Remedies for infringement Answering questions 422
of human rights 334 Summary of Chapter 18 424
Introduction 335 Reading list 425
Judicial review 335 On the internet 428
x Contents

19 The criminal trial process 429 The civil courts 534

The adversarial process 430 The civil justice system before April 1999 535
Criminal Procedure Rules 430 The civil justice system after April 1999 538
The Crown Prosecution Service 432 Criticism of the civil justice system 556
Appearance in court 439 Reform 567
Classification of offences 439 Answering questions 571
Allocation procedure 441 Summary of Chapter 22 573
Sending for trial 443 Reading list 574
Plea and case management hearings 443 On the internet 575
Disclosure 443
Plea bargaining 444 23 Tribunals 577
The trial 445 Introduction 578
Models of criminal justice systems 447 History 578
Criticism and reform 448 Reforming the tribunals 579
Answering questions 461 Tribunals today 581
Summary of Chapter 19 464 Advantages of tribunals 585
Reading list 465 Disadvantages of tribunals 586
On the internet 467 Answering questions 587
Summary of Chapter 23 588
20 Sentencing 468 Reading list 590
The Criminal Justice Act 2003 469 On the internet 590
Purposes of sentencing 469
Sentencing practice 473 24 Appeals and judicial review 591
Types of sentence 480 Appeals 592
Reform 502 Appeals in civil law cases 592
Answering questions 503 Appeals in criminal law cases 594
Summary of Chapter 20 504 Criticism and reform of the appeal system 603
Reading list 506 Judicial review 612
On the internet 508 Answering questions 621
Summary of Chapter 24 623
21 Young offenders 510 Reading list 624
Introduction 511 On the internet 625
Criminal liability 512
Young people and the police 512 25 Alternative methods of dispute
Remand and bail 513 resolution 626
Youth cautions 513 Introduction 627
Trial 514 Problems with court hearings 628
Sentencing 516 Alternative dispute resolution mechanisms 629
Answering questions 527 Examples of ADR 630
Summary of Chapter 27 529 Advantages of ADR 637
Reading list 531 Problems with ADR 638
On the internet 531 The future for ADR 639
Answering questions 641
22 The civil justice system 532 Summary of Chapter 25 642
Introduction 533 Reading list 643
History 533 On the internet 644
 Contents xi

28 Law and justice 675

Part 5
Introduction 676
CONCEPTS OF LAW
Aristotle 676
Natural law theories 676
26 Law and rules 647
Utilitarianism 676
Introduction 648
The economic analysis of law 677
Austin: the command theory 648
Rawls; A Theory of Justice 677
Hart: primary and secondary rules 648
Nozick and the minimal state 678
Dworkin: legal principles 650
Karl Marx 679
The natural law theory 650
Kelsen and positivism 679
The function of law 650
Justice in practice 680
Why are laws obeyed? 654
Answering questions 681
Answering questions 655
Summary of Chapter 28 681
Summary of Chapter 26 656
Reading list 682
Reading list 657

27 Law and morals 658

Appendix: Answering examination
Introduction 659
questions 683
Law and morality 660
General points 683
Changes in law and morality 661
Essay questions 685
Differences between law and morality 661
Problem questions 686
Should law and morality be separate? 662
Answering questions 671
Summary of Chapter 27 672 Glossary 689
Reading list 673 Select bibliography 692
On the internet 674 Index 709
Preface

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 understand, 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 satisfy 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 questions sections to think through the
material that you have just read and look at it from different angles. This will help
you both understand and 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.
This text is part of a series that has been written by the same authors. The other texts
in the series are Criminal Law, Contract Law and Tort Law.
We have endeavoured to state the law as at 1 January 2016.

Catherine Elliott and Frances Quinn

London, 2016
Acknowledgements
The publishers are grateful to the following for per-
mission to reproduce copyright material:
Figures
Figure 2.1 from Criminal Defence Service (Advice
and Assistance) Act 2001, The Stationery Office ©
Crown Copyright 2001; Figure 11.1 from the Law
Society Annual Statistical Report 2014, executive
summary, page 3, © The Law Society; Figure 11.5
from 'Diversity profile of the profession', report pub-
lished by The Law Society, © The Law Society;
Figure 19.1 from Criminal Statistics: England and
Wales 2007, p. 12 (figure 1.2); Figure 20.3 from
Criminal Statistics: England and Wales 2001, p. 81
(figure 7.4); Figure 22.3 from http://hmctscourt-
finder.justice.gov.uk/courtfinder/forms/n001-eng.
pdf; Figure 22.6 from Civil Justice Reform Evaluation
Further Findings (2002) (figure 10); Figure 24.2
from Judicial Statistics Annual Report 2004, p. 3.;
Figure 25.1 from Association of British Travel Agents.
Tables
Table 10.2 from Ministry of Justice; Table 13.2
from The Judiciary in the Magistrates' Courts, Home
Office RDS Occasional Paper No. 66 (Morgan and
Russell 2000).
Text
Exam board questions on pages 37, 38, 114, 115,
181, 182, 183, 270, 271, 376, 423, 571 and 641
from London External LLB, University of London.
Photographs
Photo 1.1 © Justin Kase Zelevenz/Alamy Stock
Photo; Photo 1.2 © Jeff Gilbert/Alamy Stock Photo;
Photo 2.1 © Maksym Gorpenyuk/Shutterstock.
com; Photo 5.1 © Jules Selmes/Pearson Education
Ltd. 2008; Photo 9.1 © David Hoffman Photo
Library/Alamy; Photo 9.2 © Alamy Stock Photo;
Photo 9.3 © John Conner Press Associates Limited/
News UK Syndication; Photo 9.4 © Rex Features;
Photo 9.5 © Tony Harris/Press Association Images;
Photo 10.1 © www.judiciary.gov.uk; Photo 10.2 ©
Dan Kitwood/Getty Images; Photo 10.3 © Alex
Segre/Alamy Stock Photo; Photo 11.1 © Richard
Croft; Photo 11.2 © The Law Society of England
and Wales; Photo 12.1 © BasPhoto/Shutterstock
.com; Photo 15.1 © Thinkstock/Getty Images;
Photo 15.2 © Eddie Mulholland/Rex Features;
Photo 15.31 © Yuri Arcurs/Shutterstock.com;
Photo 15.3c © Ivonne Wiernek/Shutterstock.com;
Photo 15.3r © Sophie Bluy/Pearson Education Ltd;
Photo 18.1 © Sean Dempsey/Press Association
Images; Photo 18.2 © Jan Brayley/Hampshire
Constabulary; Photo 18.3 © Kbiros/Shutterstock
.com; Photo 18.4 © PeJo/Shutterstock.com;
Photol9.1 © Trinity Mirror/Mirrorpix; Photo 20.1
© David Hawgood; Photo 20.2 © 67Photo/Alamy;
Photo 21.1 © Rex Features (1); © BWP Media via
Getty Images (r); Photo 21.2 © Photofusion Picture
Library/Alamy; Photo 22.1 © Alex Segre/Alamy;
Photo 22.2 © Scott Barbour/Getty Images.
Table of cases
A v Hoare [2008] UKHL 6, [2008] 1 AC 844 540
A v Secretary of State for the Home Department
(No. 2) [2005] UKHL 71, [2006] 2 AC 221 406
A and X and others v Secretary of State for the Home
Department [2004] UKHL 56, [2005] 2 AC 68
156, 327
A (Children) (Conjoined Twins: Surgical Separation),
Re [2001] Fam 147, [2000] All ER 961 660
AI v MT (Alternative dispute resolution) [2013]
EWHC 100 (Fam), [2013] Fam Law 373 637
Abdulaziz v United Kingdom (No 4) (1985) 7 EHRR
471 316, 331
Ablett (William) v Devon County Council [2000] All
ER Official Transcript 4 December, CA Civil
Division 540
Adler v George [1964] 2 QB 7 58
Agricultural, Horticultural and Forestry Industry
Training Board v Aylesbury Mushrooms [1992]
1 WLR 190, [1972] 1 All ER 280 85, 88
Airedale NHS Trust v Bland [1993] AC 789 28, 136
Al-Khawaja and Tahery v United Kingdom [2009]
ECHR 110 22, 23
Ali v Head Teacher and Governors of Lord Grey School
[2006] UKHL 14, [2006] 2 AC 363 330
Arkin v Borchard Lines [2005] EWCA Civ 655, [2005]
3 All ER613 37J
Arthur JS Hall & Co v Simons [2000] 3 WLR 543
16,27, 202
Assange v Swedish Prosecution Authority [2012]
UKSC 22, [2012] 2 WLR 1275 17
Associated Provincial Picture Houses Ltd v
Wednesbury Corp [1948] 1 KB 223 614, 619, 691
Attorney General v Fraill and Sewart See R v Fraill
and Sewart
Attorney General v Guardian Newspapers Ltd (No. 1)
[1987] 1 WLR 1248 176
Attorney General v Leveller Magazine [1979] AC 440 568
Attorney General v Scotcher [2005] UKHL 36, [2005]
1 WLR 1867 253
Attorney General v Seckerson and Times Newspapers
Ltd [2009] EWHC 1023 (Admin), [2009] EMLR
371253
Attorney General for Jersey v Holley [2005] UKPC 23,
[2005] 2 AC 580 18, 19
Austin v Metropolitan Police Commissioner [2009]
UKHL 5, [2009] 3 All ER 455 420
Bannister v SGB pic [1997] 4 All ER 129, [1998] 1
WLR 1123 564
Bhamjee v Forsdick (No. 2) [2003] EWCA Civ 1113,
[2004] 1 WLR 88 567
Black Clawson International Ltd v Papierwerke
Waldhof-Aschaffenburg AG [1975] AC 591 67
Bowers v Hardwick, 478 US 186, US Ct (1986) 321
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 404 104
British Oxygen Co Ltd v Minister of Technology
[1971] AC 610 615
Brogan v United Kingdom (Application Nos 11209/84,
11234/84, 11266/84 and 11386/85) (1989) 11
EHRR 117, (1988) The Times, 30 November 326,
331
Bromley LBC v Greater London Council [1983] 1 AC
768, [1982] 1 All ER 153 74, 78, 176
Brooks v Metropolitan Police Commissioner [2005]
UKHL 24, [2005] 2 All ER 489 336
Brown (Margaret) v Stott [2001] 2 WLR 817, 2000 JC
328 314
Buhner v Bollinger (No. 2) [1974] Ch 401 100, 101,
112, 116
Bushell's Case (1670) 124 ER 1006 238, 271
C (A Minor) v DPP [1996] AC 1, [1995] 2 All ER 43 28
CIA Security International SA v Signalson (Case
C-194/94) [1996] ECR1-2201 107
CTB v News Group Newspapers Ltd [2011] EWHC
1232 (QB), [2011] All ER (D) 142 (May) 329
xvi Table of cases
Caballero v United Kingdom [2000] 30 EHRR 643 385
Ceredigion County Council v Jones [2007] UKHL 24,
[2007] 1 WLR 1400 594
Chappell v Times Newspapers Ltd [1975] 1 WLR
482 126
Christie v Leachinsky [1947] AC 573 397
Cilfitv Ministry of Health [1983] 1 CMLR472 100
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 679 598,
599, 623
Conway v Rimmer [1968] AC 910, [1968] 1 All ER
874 569
Council of Civil Service Unions v Minister for the Civil
Service [1985] AC 374, [1984] 1 WLR 1174 2 76,
298, 320, 614,619, 620
Coventry v Lawrence (No. 2) [2014] UKSC 46, [2015]
AC 106, [2014] 4 All ER 517 366
Cusack v London Borough of Harrow [2013] UKSC 40,
[2013] 1 WLR 2022 55
Customs and Excise Commissioners v APS Samex
[1983] 1 All ER 1042 101, 116
Customs and Excise Commissioners v Cure & Deeley
Ltd [1962] 1 QB 340 85, 89
D v East Berkshire Community NHS Trust [2003]
EWCA Civ 1151, [2004] QB 558 23
D&C Builders Ltd v Rees [1966] 2 QB 617 226
Davis v Johnson [1979] AC 264, [1978] 2 WLR 553
67, 70, 77
de Lasala v de Lasala [1980] AC 546 27
Denton v T H White Ltd [2014] EWCA Civ 906,
[2015] 1 All ER 880, [2014] 1 WLR 3926 554
Dimes v Grand Junction Canal Proprietors (1852) 3
HL Cas 759 622
Director General of Fair Trading v Proprietary
Association of Great Britain [2001] 1 WLR 700 623
Director of Public Prosecutions v Jones (Margaret)
[1998] QB 563; reversing [1999] 2 AC 240 30
Donnelly v Jackman [1970] 1 WLR 562 390
Donoghue v Stevenson [1932] AC 562 660
Douglas v Hello! Ltd [2001] 2 WLR 992 322
Dunnett v Railtrack pic [2002] EWCA Civ 303, [2002]
2 All ER 850 630
Earl of Oxford's Case (1615) 1 Ch Rep 1 225, 229
Elliott v Grey [1960] 1 QB 367 59, 76
Elvanlight Full Circle Ltd v AMEC Earth and
Environmental (UK) Ltd [2013] EWHC 1643
(TCC), [2013] 4 All ER 765 554
Evans v Amicus Healthcare Ltd [2004] EWCA Civ 727,
[2005] Earn 1 668
Evans v United Kingdom [2007] 1 FLR 1990, [2007] 2
FCR5 671 669
Eweida v United Kingdom [2013] ECHR 48420/10,
[2013] IRLR 231 330
Feltham v Commissioners of HM Revenue and
Customs [2011] UKFTT 612 (TC) 565, 566
Fisherv Bell [1961] 1 QB 394 56, 76
Fitzpatrick v Sterling Housing Association Ltd [2001]
1 AC 27, [2000] 1 FLR 271 32
Fleet Street Casuals Case See R v Inland Revenue
Commissioners, exp National Federation of Self
Employed and Small Businesses
Foster v British Gas pic (Case C-188/89) [1991] 1 QB
405, [1990] 3 All ER 897 206
Francovich v Italy (Case C-6/90) [1991] ECR1-5357,
[1992] IRLR 84 204
G v Director of Public Prosecutions [1989] Crim LR
150 395
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 ER 411 63
Gillick v West Norfolk and Wisbech Area Health
Authority [1986] AC 112, [1985] 3 All ER 402 32,
605, 662, 672
Goswell v Commissioner of Metropolitan Police,
Lawtel 7/4/98 337
Greens and MT v United Kingdom (2010) 53 EHRR
710, [2010] ECHR 60041/08 328, 480
Gregory v United Kingdom (1998) 25 EHRR 577,
(1997) The Times, 27 February 252, 252
Grey v Pearson (1857) 6 HL Cas 61 58
Grobbelaar v News Group Newspapers Ltd [2001]
EWCA Civ 33, [2001] 2 All ER 437 260
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 920 627
Hanif and Khan v United Kingdom (Application Nos
52999/08 and 61779/08) [2012] Crim LR 295,
(2011) Times, 27 December 247

Hanningfield (Lord) v Chief Constable of Essex Police
[2013] EWHC 243 (QB), [2013] 1 WLR3632 396
Heydon's Case (1584) 3 Co Rep 7a 59, 60, 76
Hill v Chief Constable of West Yorkshire [1989] AC 53
336, 342, 343
Hirst v United Kingdom (No. 2) (2005) 42 EHRR 849,
[2005] ECHR 74025/01 489
HM Advocate v Cadder [2010] UKSC 43, [2010] 1
WLR 2601 611
Hunter v Chief Constable of the West Midlands [1982]
AC 529, affirming [1980] QB 283 1 73, 611
Hurst v Leeming [2002] EWHC 2401 (Ch) 630
Hutchinson v United Kingdom (Application No.
57592/08) (2015) 61 EHRR 393, (2015) 38
BHRC67 486
Hyam v DPP [1975] AC 55 604
Inco Europe Ltd v First Choice Distribution [2000] 1
WLR 586 61, 62
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 23
Kenlin v Gardiner [1967] 2 QB 510 390
Kent v Commissioner of Police of the Metropolis
(1981) The Times 15 May 320
Kinsley v Commissioner of Police of the Metropolis
[2010] EWCA Civ 953, [2010] 25 LS Gaz R
17 566
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 143 666
Kucukdeveci v Swedex GmbH & Co KG (Case
C-555/07) [2010] ECR 1-365, [2010] All ER (EC)
867 108
Leaf v International Galleries [1950] 2 KB 86
127, 129
Leonesio v Italian Ministry for Agriculture and
Forestry (Case 93/71) [1972] ECR 287, [1973]
CMLR343 105
Liversidge v Anderson [1942] AC 206 173
L'Officc Cherifien des Phosphates Unitramp SA v
Yamashita-Shinnihon Steamship Co Ltd (The
Boucraa) [1994] 1 AC 486 66
Table of cases xvii
London and North Eastern Railway Co v Berriman
[1946] AC 278 56, 77
Macarthys Ltd v Smith [1979] 1 WLR 1189 105
McB v E (Case C-400/10 PPU) [2011] Fam 364,
[2011] 3 WLR 699 325
Mcllkenny v Chief Constable of the West Midlands See
Hunter v Chief Constable of the West Midlands
McKenzie v McKenzie [1970] 3 All ER 1034, [1970] 3
WLR 472 229
McLeod v United Kingdom (1999) 27 EHRR 493,
[1998] 2 FLR 1048 412
McLoughlin v O'Brian [1983] 1 AC 410, [1982] 2 WLR
982 31
MGN Ltd v United Kingdom (2011) 53 EHRR 195,
[2011] ECHR 39401/04 366
Maddox v Storer [1963] 1 QB 451 58
Magor and St Mellons Rural DC v Newport
Corporation [1952] AC 189 60
Malone v Commissioner of Police of the Metropolis
[1980] QB 49, [1979] 2 WLR 700 306
Manchester City Council v Pinnock (No. 2) [2011]
UKSC 6, [2011] 2 All ER 586 21
Mangold v Helm [2006] All ER (EC) 383 109
Marleasing SA v La Comercial Internacional de
Alimentacion SA (Case C-106/89) [1990] ECR
1-4135 107, 112, 115
Marshall v Southampton and South West Hampshire
AHA (No.l) (Case C-152/84) [1986] QB 401
101, 107
Miliangos v George Frank (Textiles) Ltd [1976]
AC 443 18
Mills v Colchester Corporation (1867) LR 2 CP 476
120
Mitchell v News Group Newspapers [2013] EWCA Civ
1537, [2014] 2 All ER 430, [2014] 1 WLR 795 554
Morris v United Kingdom (2002) 34 EHRR 1253 22
Motto v Trafigura [2011] EWCA Civ 1150, [2012] 2
All ER 181 367
Murray v United Kingdom (Right to Silence) (1996)
22 EHRR 29 407
OB v Director of the Serious Fraud Office [2012]
EWCA Crim 901, [2012] 3 All ER 1017 62
O'Hara v Chief Constable of the Royal Ulster
Constabulary [1997] AC 286, (1996) 146 NW Rep
1852 396
O'Hara v United Kingdom (2002) 34 EHRR 32 396
xviii Table of cases
Osmanv United Kingdom [1999] 1 FLR 193, (2000)
29 EHRR 245 336, 337, 342, 343
Othman (Abu Qatada) v United Kingdom [2012]
ECHR 8139/09 323
P v S and Cornwall CC (Case C-13/94) [1996] All ER
(EC) 397 324
PGE II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288,
[2014] 1 All ER 970 627
Pepper (Inspector of Taxes) v Hart [1993] AC 593,
[1993] 1 All ER 42 60, 67-71, 77, 78, 112
Perotti v Collyer-Bristow [2004] EWCA Civ 1019,
[2004] All ER (D) 463 (Jul) 567
Pickstone v Freemans pic [1989] AC 66, [1988] 2 All
ER 803, [1988] 3 WLR 265 60
Pinochet Ugarte, Re See R v Bow Street Metropolitan
Stipendiary Magistrate, exp Pinochet Ugarte (No. 2)
Practice Direction: Judicial Precedent [1966] 1 WLR
1234 16, 28, 29, 38, 39, 604
Practice Direction (Solicitors: Rights of Audience)
[1972] 1 All ER 608, [1972] 1 WLR 307 224
Practice Direction (Justices: Clerk to Court) [2000] 1
WLR 1886 284
Practice Direction [2014] EWCA Crim 1569 461
President of India v La Pintada Campania Navigacion
SA (The La Pintado) (No. 1) [1985] AC 104,
[1984] 2 All ER 773 32, 149
Procurator Fiscal v Brown See Brown (Margaret) v
Stott
Pubblico Ministero v Ratti (Case 148/78) [1979] ECR
1629, [1980] 1 CMLR 96 106
R v A [2001] UKHL 25, [2001] 3 All ER 1 63
R v Abdroikof [2007] UKHL 37, [2008] 1 All ER 315
246, 247, 271
R v Alladice (Colin Carlton) (1988) 87 Cr App R 380
403, 423
R v Allen (1872) LR 1 CCR 367 58, 76
Rv Andrews (Tracey) (1999) Crim LR 156, [1998] 95
(43) LSG 250
Rv Aubrey, Berry and Campbell (1978) (unreported)
248
R v Bansal, Bir, Mahio and Singh [1985] Crim LR 151
261
R v Bentley (1953) The Times 14 January, CA 36
R v Bingham Justices, ex p Jowitt (1974) The Times, 3
July, DC 287
R v Blackshaw [2011] EWCA Crim 2312, [2012] 1
WLR 1126 477, 479
R v Boundary Commission for England, ex p Foot
[1983] 1 All ER 1099 617, 620
R v Bow County Court, exp Pelling (No. 1) [1999] 4
All ER 751, [1999] 1 WLR 1807 229
R v Bow Street Metropolitan Stipendiary Magistrate,
exp Pinochet Ugarte (No. 2) [2000] 1 AC 119,
[1999] 1 A11ER577 26, 613
R v Boyd [2002] UKHL 31, [2002] 3 All ER 1074 22
R v Brent London Borough Council, ex p Gunning
(1985) 84 LGR168 83
Rv Bristol [2007] EWCA Crim 3214, [2007] All ER
(D) 47 (Dec) 392
Rv Brown [1994] 1 AC 212, HL, affirming [1992] QB
491, [1992] 2 WLR 441 666, 672
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 187 406
R v Chief Constable of Sussex, exp International
Trader's Ferry Ltd [1999] 2 AC 418, (1998) 3 WLR
1260, affirming [1997] 2 All ER 65 624, 629
R v Chief Constable of the Royal Ulster Constabulary,
exp Begley [1997] 1 WLR 1475 402
R v City of London Court Judge [1892] 1 QB 273 56
R v Clarence (1888) 22 QBD 23 29
Rv Clark [2003] EWCA Crim 1020, [2003] 2 FCR 447
459
R v Clarke [2009] EWCA Crim 1074, [2009] 4 All ER
298 20
R v Clarke and McDaid [2008] UKHL 8, [2008] 1 WLR
338 432
R v Condron [1997] 1 WLR 287, [1997] 1 Cr App R
185 408
Rv Cooper [2011] EWCA Crim 1872, [2012] 1 CrApp
Rep (S) 529 20
Rv Davis [2008] EWCA Crim 1735, [2008] All ER (D)
78 (Sep) 455
Rv Derbyshire CC, exp Times Supplements (1991) 3
Admin LR 241, (1990) The Times, 19 July 625
R v Dica [2004] EWCA Crim 1103, [2004] QB 1257
29
R v Director of the Serious Fraud Office [2008] UKHL
60, [2009] 1 AC 756 435, 462
R v Emmens See R v Hollington
R v Erskine [2009] EWCA Crim 1425, [2010] 1 All ER
1196, [2010] 1 WLR 183 25
R v F [2009] EWCA Crim 2377, [2010] 1 All ER 1084,
[2010] 1 WLR 2511 239
R v Ford (Royston) [1989] QB 868 262, 269, 272

R v Fraill and Sewart, sub nom Attorney General v
Fraill and Sewart, R v Knox [2011] EWHC 1629
(Admin) 228 240
R v Fulling [1987] QB 426; [1987] 2 WLR 923 341
R v G and another [2003] UKHL 50, [2003] 4 All ER
765 16
R v Gibson [1990] 2 QB 619 666
Rv Goodyear [2005] EWCA Grim 888, [2005] 3 All
ER 117 444, 464
RvHamer [2010] EWCA Grim 2053, [2011] 1 WLRS
28 482
R v Hanratty [2002] EWCA Grim 1141, [2002] 3 All
ER 534 599
Rv Hanson [2005] EWCA Grim 824, [2005] 1 WLR
3169 446
R v Hollington (David John); R v Emmens (George
Michael) (1986) Cr App R 281 263
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 807 668
R v Inland Revenue Commissioners, exp National
Federation of Self-Employed and Small Businesses
Ltd [1982] AC 617 618
R v Innospec Ltd [2010] Grim LR 665 436, 445
Rv Ireland; Rv Burstowe [1998] AC 147, [1997] 4 All
ER 225 72
R v International Stock Exchange of the United
Kingdom and the Republic of Ireland, exp Else
(1982) Ltd [1993] QB 534 101
RvJSM [2010] EWCA Grim 1755, [2011] 1 Cr App
Rep 42 243
R v James and Karimi [2006] EWCA Grim 14, [2006]
1 All ER 759 17, 19
R v Jones [2002] EWCA Grim 2167, [2002] All ER (D)
189 (Sept) 445
R v Jones (Steven Martin) [1997] 1 Cr App R 86,
(1996) The Times, 23 July 598
R v Kansal (No. 2) [2001] UKHL 62, [2002] 2 AC 69
16
R v Khan [2008] EWCA Grim 531, [2008] 3 All ER
421 271
R v Kronlid (1996) The Times, 31 July 256, 257, 270
R v KS [2009] EWCA Grim 2377, [2010] 1 All ER
1084, [2010] 1 WLR 2511 243
Rv Lambert (Steven) [2001] UKHL 37, [2002] 2 AC
545 16, 315
R v Latif (Khalid); R v Shahzad (Mohammed Khalid)
[1996] 1 WLR 104 406
Table of cases xix
R v Local Commissioner for Administration for the
North and East Area of England, ex p Bradford City
Council [1979] 2 All ER 881 636
R v Lord Saville of Newdigate, expB (No. 2) [2000] 1
WLR 1855, [1999] 4 All ER 860 614
R v McGarry [1998] 3 All ER 805, [1999] 1 WLR 1500
407
R v McLoughlin; Rv Newell [2014] EWCA Grim 188,
[2014] 3 All ER 73, [2014] 1 WLR 3964 485, 486
Rv Magro [2010] EWCACrim 1575, [2011] QB 398 20
R v Marshall and Crump [2007] EWCA Crim 35,
[2007] All ER (D) 76 (Jan) 240
R v Mason [1981] QB 881, [1980] 3 WLR 617 249
R v May [2008] UKHL 28, [2008] 4 All ER 97 495
R v Mildenhall Magistrates' Court, exp Forest Heath
DC [1997] 161 JP 401 595
R v Ministry of Defence exp Smith [1995] 4 All ER
427 619
R v Mirza [2004] UKHL 2, [2004] 1 AC 118 253
R v Momodou and Limani [2005] EWCA Crim 177,
[2005] 2 All ER 571 420
R v Morrissey (Ian Patrick); R v Staines (Lorelie
Marion) [1997] 2 Cr App R 426 3J6
R v N (Right to Silence) (1998) The Times, 13
February 407
R v National Lottery Commission, exp Camelot Group
pic (2000) The Times, 12 October 613
R v Obellim [1997] 1 Cr App R 355, [1996] Crim LR
601249
Rv Owen (1991) The Times, 12 December256, 272
R v Parliamentary Commissioner for Standards, exp Al
Fayed [1998] 1 WLR 669 612
R v Pendleton [2001] UKHL 66, [2002] 1 All ER 524
598, 599, 623
R v Ponting [1985] Crim LR 318 1 73, 256, 257, 272
R v Powell and English [1999] 1 AC 1, [1997] 4 All ER
545 36
Rv R (Rape: Marital Exemption) [1992] 1 AC 599,
[1991] 4 All ER 481 36, 135, 605
R v Rayment and others (23 March 2005, unreported)
258, 265
R v Reid [1992] 3 All ER 673 16
R v Samuel (Cornelius Joseph) [1988] QB 615 403
RvSaunders [1996] ICr App Rep 463 316
Rv Seaton [2010] EWCACrim 1980, [2011] 1 All ER
932 408
R v Secretary of State for Employment, ex p Equal
Opportunities Commission [1995] 1 AC 1, [1994]
1 All ER 910 110
XX Table of cases
R v Secretary of State for Foreign and Commonwealth
Affairs, exp Lord Rees-Mogg [1994] QB 552 113
R v Secretary of State for Social Security, exp Joint
Council for the Welfare of Immigrants [1997] 1
WLR 275, [1996] 4 All ER 385 85
R v Secretary of State for the Environment, ex p
Norwich City Council [1982] QB 808 619
R v Secretary of State for the Environment, Transport
and the Regions, ex p Spath Holme Ltd [2001] 2 AC
349, [2001] 1 All ER 195 68
R v Secretary of State for the Home Department, exp
Brind [1991] 1 AC 696 HL, affirming [1990] 2 Env
787 CA (Civ Div); affirming [1989] Admin LR 169
320, 619
R v Secretary of State for the Home Department, ex p
Hosenball [1977] 1 WLR 766 620
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,
[1997] 3 WLR 23 528
R v Secretary of State for Transport, exp Factortame
(No. 1) [1990] 2 AC 85 64, 104, 110, 112, 113, 115
R v Sheffield Crown Court, ex p Brownlow [1980] QB
530 249, 271
R v Simpson [2003] EWCA Crim 1499, [2003] 3 All
ER 531 19, 20
R v Smith (Morgan James) [2000] 4 All ER 289 18, 19
Rv Somerset CC, exp Fewings [1995] 1 WLR 1037 615
R v Southwark LBC, exp Udu (1996) 8 Admin LR 25,
(1995) Times, 30 October 626
R v Staines See R v Morrissey
Rv Thompson [2010] EWCA Crim 2955, [2011] 2 Cr
App Rep (S) 131 268
R v Tisdall (1984) 6 Cr App R (S) 155 257
Rv Turner (Frank Richard) (No. 1) [1970] 2 QB 321
444
R v Twomey [2009] EWCA Crim 1035, [2009] 3 All
ER 1002 243
R v Wang [2005] UKHL 9, [2005] 1 WLR 661 238, 271
R v Young [1995] QB 324 257
R (on the application of Adams) v Secretary of State
for Justice [2011] UKSC 18, [2012] 1 AC 48 336
R (on the application of Al Skeini) v Secretary of State
for Defence [2007] UKHL 26, [2008] 1 AC 153 312
R (on the application of Anderson) v Secretary of State
for the Home Department [2002] UKHL 46, [2003]
1 AC 837 485
R (on the application of Cart) v Upper Tribunal [2011]
UKSC 28, [2012] 1 AC 663 584
R (on the application of Chester) v Secretary of State
for Justice; McGeoch v The Lord President of the
Council [2013] UKSC 63, [2014] AC 271, [2014] 1
All ER 683 318
R (on the application of Corner House Research and
others) (DAE Systems pic, interested party) v
Director of the Serious Fraud Office [2008] UKHL
60, [2008] 4 All ER 927 435
R (on the application of Crawford) v University of
Newcastle Upon Tyne [2014] EWHC 1197
(Admin), [2014] All ER (D) 07 (May) 627
R (on the application of Morrison) v Independent
Police Complaints Commission [2009] EWHC 2589
(Admin), [2009] All ER (D) 257 (Oct) 397
R (on the application of Purdy) v DPP [2009] UKHL 45,
[2010] 1 AC 345, [2009] 4 All ER 1147 135, 438
R (on the application of Gentle) v Prime Minister
[2008] UKHL 20; affirming [2006] EWCA Civ
1689, [2007] 2 WLR 195 148
R (on the application of Gillan) v Metropolitan Police
Commissioner [2006] UKHL 12, [2006] 2 WLR 537
394
R (on the application of Gujra) v Crown Prosecution
Service [2012] UKSC 52, [2013] 1 AC 484 437
R (on the application of Haw) v Secretary of State for
the Home Department [2006] EWCA Civ 532,
[2006] QB 780 57
R (on the application of HC) v Secretary of State for
the Home Department [[2013] EWHC 982
(Admin), [2014] 1 WLR 1234 513
R (on the application of HS2 Action Alliance Ltd) v
Secretary of State for Transport [2015] EWCA Civ
203, [2015] All ER (D) 132 (Mar) 111,112
R (on the application of Jackson and others) v
Attorney General [2005] UKHL 56, [2005] 3
WLR 733 48, 51
R (on the application of Kadhim) v Brent 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) 330
R (on the application of Mohamed) v Secretary of
State for Foreign and Commonwealth Affairs
[2008] EWHC 2048 (Admin), [2009] 1 WLR 2579
569
R (on the application of Moseley) v London Borough
of Haringey [2014] UKSC 56, [2015] 1 All ER 495,
[2014] 1 WLR 3947 83

R (on the application of Mousa) v Secretary of State
for Defence [2011] EWCACiv 1334, [2011] 47 LS
Gaz R 19 148
R (on the application of Mullen) v Secretary of State
for the Home Department [2004] UKHL 18, [2005]
1 AC 1 606
R (on the application of Nicklinson) v Ministry of
Justice [2014] UKSC 38, [2014] 3 WLR 200 33
R (on the application of O'Brien) v Independent
Assessor [2007] UKHL 10, [2007] 2 AC 312 338
R (on the application of Quintavalle) v Human
Fertilisation and Embryology Authority [2005]
UKHL 28; [2005] 2 AC 561 670
R (on the application of Quintavalle) v Secretary of
State for Health [2003] UKHL 13, [2003] 2 AC
687, [2003] 2 All ER 113 61
R (on the application of Saunders) v Independent
Police Complaints Commission [2008] EWHC 2372
(Admin), [2009] 1 All ER 379 421
R (on the application of Shabina Begum) v
Headteacher and Governors of Denbigh School
[2006] UKHL 15, [2007] 1 AC 100 330
R (on the application of Virgin Media Ltd) v Zinga
[2014] EWCA Grim 52, [2014] 3 All ER 90, [2014]
1 WLR 2228 437
R (on the application of W) v Metropolitan Police
Commissioner [2006] EWCA Civ 458; reversing
[2005] EWHC 1586 (Admin), [2005] 3 All ER 749
523
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 1-723 108
R (on the application of Westminster City Council) v
Mayor of London [2002] EWHC 2440 (Admin),
[2003] LGR 611, [2002] All ER (D) 494 (Jul) 106
Redgrave v Hurd (1881-82) LR 20 Ch D 1 683
Rees, Re [1986] AC 937 324
Rice v Connolly [1966] 2 QB 414 389
Richardson (Mark) v Chief Constable of West
Midlands Police [2011] EWHC 773 (QB), [2011] 2
Cr App Rep 1 395
Ricketts v Cox (1982) 74 Cr App R 298 389
Rolf v De Guerin [2011] EWCA Civ 78, [2011] NLJR
290, [2011] All ER (D) 169 (Feb) 630
Rondel v Worsley [1969] 1 AC 191 16, 202
Royal College of Nursing of the United Kingdom v
Department of Health and Social Security [1981]
AC 800 59, 77
Table of cases xx i
S (A Minor), Re [2002] All ER (D) 14 (Dec) 64
S and Michael Marper v United Kingdom (Application
Nos 30562/04 and 30566/04) [2008] ECHR 178
410
SG v St Gregory's Catholic Science College [2011]
EWHC 1452 (Admin), [2011] NLJR 884 329
SW v United Kingdom (Application Nos 20166/92,
20190/92) (1995) 21 EHRR 363, [1996] 1 FLR
434 36
Sander v United Kingdom (2001) 31 EHRR 44
251, 252
Saunders v United Kingdom (1997) 23 EHRR 313
314, 316
Scandinavian Trading Tanker Co AB v Flota Petrolera
Ecuatoriana (The Scaptrade) [1983] 2 AC 694,
[1983] 2 All ER 763 128
Secretary of State for the Home Department v JJ
[2007] UKHL 45, [2008] 1 AC 385; affirming
[2006] EWCA Civ 1141, [2007] QB 446 327
Secretary of State for the Home Department v MB
[2007] UKHL 46, [2008] 1 AC 440 327
Secretary of State for Social Security v Tunnicliffe
[1991] 2 All ER 712 314
Shaw v DPP [1962] AC 220, [1961] 2 All ER 446
666
Simmons v Castle [2012] EWCACiv 1288, [2013] 1
All ER 334, [2013] 1 WLR 1239 30, 555
Simpson v Wells (1871-72) LR 7 QB 2 319
Sinclair Investments v Versailles Trade Finance [2011]
EWCA Civ 347, [2011] 4 All ER 335 19
Singh v London Underground Ltd (1990) The
Independent, 25 April, (1990) The Times, 25 April
244
Smith v Hughes [1960] 1 WLR 830 59, 77
Smith v Ministry of Defence [2013] UKSC 41, [2014]
AC 52, [2013] 4 All ER 794 332
Smith and Grady v United Kingdom (1999) 29 EHRR
493, [1999] ECHR 33985/96 639
Spon International Bussum BV v Inter-Footwear Ltd
[1984] 1 WLR 776 328, 329
Stafford v DPP [1973] 3 All ER 762 598, 599, 623
Steel v United Kingdom (1999) 28 EHRR 603, [1998]
Crim LR 893 497
Steel v United Kingdom (The McLibel Two) (2005) 41
EHRR 22 363, 379, 497
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 269 263
xxii Table of cases
T v United Kingdom; V v United Kingdom [2000] 2 All
ER 1024, (2000) 30 EHRR 121 515, 519
Tachographs, Re (Case 128/78); sub nom Commission
of the European Communities v United Kingdom
(Case 128/78) [1979] ECR419 99, 115
TanistryCase (1608) Davlr28 119, 690
Taxquet v Belgium (2009) (unreported) (Application
no. 926/05), January 13, 2009, ECHR 264
Taylor v Goodwin (1879) 4 QBD 228, 43 JP 653 72
Taylor v Lawrence [2002] EWCACiv90, [2003] QB
528 597
Thoburn v Sunderland City Council [2002] EWHC 195
(Admin), [2003] QB 151 111, 112, 115, 306
Thomas v National Union of Mineworkers (South
Wales Area) [1986] Ch 20, [1985] 2 WLR 1081 176
Thomas v Sawkins [1935] 2 KB 249 412
Three Rivers DC v Bank of England (No. 2) [1996] 2
All ER 363 68, 77
Turkington v Times Newspapers [2000] 4 All ER 913,
[2000] 3 WLR 1670 72
Twomey v United Kingdom (Application Nos
67318/09 and 22226/12) [2013] ECHR 578 243
United Kingdom v Council of the European Union
(Case C-84/94) [1996] All ER (EC) 877, [1996]
ECR 1-5755 99, 116
United States v Windsor 133 S. Ct. 2675 (2013) 321
Van Duyn v Home Office [1974] 1 WLR 1107 106
Van Gend en Loos v Nederlandse Tariefcommissie
(Case 26/62) [1963] ECR 3 103, 105, 133
Vinter v United Kingdom [2013] ECHR 66069/09,
[2013] All ER (D) 158 (Jul) 485, 486
Volker und Markus Schecke v Land Hessen [2012] All
ER (EC) 127 325
Von Colson v Land Nordrhein-Westfalen (Case
C-14/83) [1984] ECR 1891 107
Waddington v Miah (Otherwise Ullah) [1974] 1 WLR
683 307
Walters v WH Smith & Son Ltd [1914] 1 KB 595 396
Ward v James (No. 2) [1966] 1QB 273 241
Whitely v Chapell (1868) LR 4 QB 147 56, 76
Willis v MRJ Rundell & Associates Ltd [2013] EWHC
2923 (TCC), [2013] 3 EGLR 13, [2013] All ER (D)
36 (Oct) 553
Wilson v First County Trust Ltd [2003] UKHL 40,
[2004] 1 AC 816 313
Wilson v Secretary of State for Trade and Industry
[2003] UKHL 40, [2004] 1 AC 816 69, 72,
77, 314
Wilson v Willes (1806) 7 East 121 120
Wolstanton Ltd v Newcastle-under-Lyme Corp [1940]
AC 860, [1940] 3 All ER 101 229
Wyld v Silver [1963] 1 QB 169 120
X v Mid-Sussex Citizens Advice Bureau [2012] UKSC
59, [2013] 1 All ER 1038 101
YL v Birmingham City Council [2007] UKHL 27,
[2008] 1 AC 95; [2007] 3 All ER 957 32 2
Young v Bristol Aeroplane Co Ltd [1944] KB 718;
affirmed [1946] AC 163, [1946] 1 All ER 98
20, 38
Z v United Kingdom (Case 29392/95) [2001] 2 FLR
612, (2002) 34 EHRR 3 336, 342
Table of statutes

Abortion Act 1967 46, 59, 137 s. 7 356

Access to Justice Act 1999 189, 222, 223, 224, 232, s. 64 369
277, 282, 349, 352, 356, 359, 365, 375-7, 433, s. 65 369
438, 462, 592, 593, 596, 622, 623 s. 108(1) 365
s. 13(1) 45 s. 108(3) 366
s. 37 433 Constitutional Reform and Governance Act 2010 132
Act of Settlement 1700 24, 165, 182 Consumer Credit Act 1974 313
Act of Union 1707 631 Consumer Rights Act 2015 375
Administration of Justice Act 1969 62, 593, 690 Contempt of Court Act 1981 253, 260, 318, 457
s. 12(3) 594 s. 8 253
Anti-Social Behaviour Act 2003 522, 524 Coroners and Justice Act 2009 455, 457, 477
s. 25 525, 528 Corporate Manslaughter and Corporate Homicide Act
Anti-Social Behaviour, Crime and Policing Act 2014 2007 422
499 Courts Act 1971 365
Anti-Terrorism, Crime and Security Act 2001 156, Courts Act 2003 276, 278, 283, 431, 451, 457, 480
318, 326 s. 29 284
Arbitration Act 1996 633, 634 Courts and Legal Services Act 1990 358, 369, 383,
Armed Forces Act 2006 62 389, 393, 395, 222, 223, 224, 226, 228, 232,
Asylum and Immigration Appeals Act 1993 85 263, 365, 377, 533, 536
Crime and Courts Act 2013 363, 368, 3 73, 3 79, 383,
Bail Act 1976 435, 513, 528 276, 436, 445, 458, 475, 490, 535, 551, 621
Bill of Rights 1689 112 Crime and Disorder Act 1998 436, 488, 533, 532,
Art. 9 69, 111, 112 525, 527, 528
s. 8 524, 528
Children Act 1989 64, 364 ss. 11-13 524
Children Act 2004 s. 37 532
s. 11 391 s. 39 532
Children and Young Persons Act 1969 516 s. 40 532
Civil Procedure Act 1997 538, 547 s. 41532
Companies Act 1980 136 s. 44 525
Compensation Act 2006 563, 562 s. 49 282
Pt2 394 s. 49(2) 284
Computer Misuse Act 1990 346 s. 51 443
Constitutional Reform Act 2005 6, 33, 356, 158, 160, s. 57 439
166, 168, 172, 175, 179, 181, 182, 185, 277, s. 65 534
278, 298, 601, 603, 624 Crime and Security Act 2010
s. 2 299 s. 1 392
s. 2(2) 299 Crime (Sentences) Act 1997
s. 3 168, 184, 302 s. 30 485, 488
xxiv Table of statutes

Criminal Appeal Act 1968 607 Criminal Justice and Court Services Act 2000
s. 2 599, 609 409, 519
s. 17 1 73, 382, 607, 621, 622 Criminal Justice and Courts Act 2015 241, 252,
s. 23 599 282, 548, 612,621
s. 23(1) 598, 623 Criminal Justice and Immigration Act 2008 37,
Criminal Appeal Act 1995 146, 594, 595, 596, 606, 338, 416, 439, 483, 514, 516, 520, 522, 528,
607, 610 596, 605
Criminal Attempts Act 1981 137 s. 9 516
Criminal Defence Service Act 2006 356 s. 55 434
Criminal Defence Service (Advice and Assistance) Act s. 76 397
2001 45 Criminal Justice and Police Act 2001 482
Criminal Evidence (Witness Anonymity) Act 2008 455 s. 2 482
Criminal Justice Act 1972 601 Criminal Justice and Public Order Act 1994 6, 146,
Criminal Justice Act 1982 471 158, 263, 282, 283, 320, 389, 406, 407, 409,
Criminal Justice Act 1988 471, 601 416, 488, 672, 689
s. 35 499 s. 34 399, 406, 407, 408
s. 36 499 s. 34(2A) 407
s. 133 337, 338, 344 s. 35 407
s. 134 398 s. 36 399, 407
Criminal Justice Act 1991 481, 488 s. 37 399, 407
Criminal Justice Act 1993 488 s. 48 263
Criminal Justice Act 2003 242, 263, 271, 390, s. 51 263
399, 414,415,416, 434, 442, 443, 446, 450, s. 60 393
468-505, 600 s. 60(11) 393
s. 43 242, 243, 503 s. 65 393
s. 44 242, 243 s. 71 393
s. 75 600 Criminal Law Act 1967 135, 397
ss. 101-103 446 s. 3 256
s. 142 469, 504 Criminal Law Act 1977 146, 241, 282
s. 142(a)-(e) 469, 504 Criminal Procedure and Investigations Act 1996
s. 143 475 263, 450, 601
s. 144 4 76, 503 s. 54 263
s. 148 475 Crown Proceedings Act 1947 335
s. 152 4 75, 503
s. 153 475, 503 Data Retention and Investigatory Powers Act 2014
s. 154 474 413
s. 166 476 Defamation Act 2013 244
s. 167 480 Domestic Violence and Matrimonial Proceedings Act
s. 174 474 1976 67
ss. 189-194 483 Domestic Violence, Crime and Victims Act 2004 451
s. 224A474 Employment Protection (Consolidation) Act 1978 110
s. 226A478 Enterprise and Regulatory Reform Act 2013 584
s. 287 474 Equality Act 2006 315, 329, 518
s. 300 478 Equality Act 2010 391, 418
s. 301 480 s. 149 391
s. 321 245, 271 European Communities Act 1972 54, 66, 111, 112,
Sched. 3 441 115
Sched. 21 485 s. 2 80
Sched. 33 245,271 s. 2(1) 103, 113
 Table of statutes xxv

s. 2(4) 64, 78, 110, 115 Immigration Act 1971

s.3 331 s. 34 307
s. 3(1) 15 Inquiries Act 2005 242, 148
European Parliamentary Elections Act 1999 48 Interpretation Act 1978 55
European Union Act 2011 4, 105, 113
s. 18 113 Judicature Act 1873 223, 226, 229, 230
Judicature Act 1875 223, 226, 229, 230
Fair Trading Act 1973 632, 642 Judicial Committee Act 1833 2 7
Family Law Act 1996 146, 631, 642 Juries Act 1974 239, 245, 249, 254, 272
Finance Act 1976 68 Justice and Security Act 2013 569
Finance (No. 2) Act 1940 85 Justices of the Peace Act 1361 277, 496
Financial Services Act 1986
s. 177316 Landlord and Tenant Act 1985
s. 31 68
Government of Wales Act 1998 5 Law Commission Act 2009 246
Government of Wales Act 2006 50 Law Commissions Act 1965 239
Sched. 7 50 Law of Libel Amendment Act 1888 72
Law Officers Act 1997 300
Health and Safety at Work etc. Act 1974 Legal Aid, Sentencing and Punishment of Offenders
s. 3 338 Act 2012 30, 295, 233, 353, 355, 356, 362, 367,
Highways Act 1835 368, 376, 377, 386, 480, 502, 513, 514, 552,
s. 72 72 552, 565, 582, 632
Homicide Act 1957 18 s. 55 555
s. 3 18 Sched. 1 353
House of Lords Act 1999 44, 51 Legal Services Act 2007 187, 200, 215, 218, 219,
Housing Act 1980 619 222, 224, 227, 232-4
Human Fertilisation and Embryology Act 1990 s. 30 226
61, 667, 670, 673 Legislative and Regulatory Reform Act 2006 81, 82
s. 1 61 Limitation Act 1980 539
Human Fertilisation and Embryology Act 2008 670, Local Government Act 1972
671, 673 s. 120(1)(b) 625
Human Reproductive Cloning Act 2001 669 s. 235 81
Human Rights Act 1998 4, 6, 12, 16, 24, 53, 62-4, s. 235(2) 86
69, 71, 77, 112, 156, 160, 164, 172, 174, 285, s. 237A482
305-33, 337, 343, 344, 384, 385, 579, 592 Local Government and Public Involvement in Health
s. 2 22, 62, 310, 316, 331, 332 Act 2007 81,87
s. 2(1)(a) 22 Localism Act 2011 84, 87
s. 3 63, 64, 77, 310, 316, 320, 331, 332
s. 3(1) 62 Magistrates' Courts Act 1980 282, 496
s. 4 62, 63, 323, 332 s. 1 394, 423, 439
s. 6 310-12, 332, 342 s. 11439
s. 6(3) (b) 310-12 s. 12 439
s. 7320 s. 16A282
s. 10 4, 62, 323 s. 132 474
s. 19 4, 322, 320 s. 142 594
Hunting Act 2004 48, 51 Magistrates' Courts (Procedure) Act 1998 439
Magna Carta 1215 2 22
Identity Cards Act 2006 328 Marriage (Same Sex Couples) Act 2013 659
Identity Documents Act 2010 328 Matrimonial Homes Act 1967 228
xxvi Table of statutes

Mental Health Act 1983 493, 496 s. 55 409

Merchant Shipping Act 1988 110, 111 s. 56 402
Misuse of Drugs Act 1971 s. 58 343, 357, 402
s. 23 393 s. 60 401
s. 60(1)(b) 89
National Assistance Act 1948 311 s. 60(2) 90
National Health Service Redress Act 2006 570 ss. 61-64 410
National Insurance Act 1946 82 s. 65 409
Northern Ireland Act 1998 5 s. 66 389
s. 76 406
Offences Against the Person Act 1861 29 s. 76(1) 340
s. 57 58 s. 76(2) 340, 405
Offender Rehabilitation Act 2014 469, 475, 483, 502 s. 76(4) 341
Official Secrets Act 1911 320 s. 76(8) 341, 406
Official Secrets Act 1920 173, 248, 256 s. 78 341, 406
s. 3 58 s. 117 392, 395, 397, 411
Code A 389, 391, 406, 422
Parliament Act 1911 44, 48, 51, 52 Code B 406, 412
Parliament Act 1949 44, 48, 51, 52 Code C 401, 403, 404, 406, 512, 513, 527, 528
Parliamentary Commissioner Act 1967 636 Code G 394, 395, 406
Police Act 1997 413 Police and Justice Act 2006 385, 386, 416
Police and Criminal Evidence Act 1984 55, 90, 137, Police and Magistrates' Courts Act 1994 385
146, 147, 149, 343, 357, 388-412, 423, 424 Police Reform Act 2002 339, 385, 386, 390, 424
s. 1 342, 390, 393, 422, 424 s. 50 390
s. 1(3) 390 Police Reform and Social Responsibility Act 2011 58,
s. 1(6) 392 340, 386, 395
s. 2 391 s. 1(2) 386
s. 2(3) 391 Policing and Crime Act 2009 498
s. 2(9) 392 Powers of Criminal Courts (Sentencing) Act 2000
Pt II (ss. 8-18) 410 475, 512, 518, 528, 530
s. 8 410 s. 1 498
s. 17411 s. 3 474
s. 17(6)412 s. 16 520
s. 18 412 s. 73 521
s. 19 412 s. 74 521
s. 24 395, 396, 422, 423 s. 76 475
s. 24A 396, 423, 424 s. 90 518
s. 25 390 s. 91 520, 520
s. 28 397 s. 100 519
s. 30 398 ss. 146-147 498
ss. 30A-30D 398 s. 150 523, 528
s. 32 409, 412 Prevention of Terrorism Act 2005 327, 328
s. 37 399, 434 Prevention of Terrorism (Temporary Provisions) Act
s. 38(1) 399, 434 1984 316
s. 40 399 Prevention of Terrorism (Temporary Provisions) Act
s. 41 399 1989 90
s. 46 399 s. 14(1) (a) 90
s. 54 409 Proceeds of Crime Act 2002 494
 Table of statutes xxvii

Prosecution of Offences Act 1985 432, 462 State Immunity Act 1978 73
s. 6 437 Statutes of Labourers 119
s. 10 434 Statutory Instruments Act 1946 80
s. 23(3) 437 Street Offences Act 1959 59
Protection of Children Act 1978 138 Suicide Act 1961 438
Protection of Freedoms Act 2012 243, 394
Public Bodies Act 2011 84, 87,297 Taking of Hostages Act 1982 132
Public Order Act 1986 57, 137, 146, 283, 320 Terrorism Act 2000
s. 44 393, 394
Race Relations Act 1976 417 s. 47A 394
Regulation of Investigatory Powers Act 2000 413 Terrorism Act 2006 399
s. 8(4) 413 Terrorism Prevention and Investigation Measures
Rent Act 1977 31 Act 2011 328
Restriction of Offensive Weapons Act 1959 56 Transport (London) Act 1969
Road Traffic Act 1930 59 s. 1 74, 75
Road Traffic Act 1960 58 s. 1(1) 75
Tribunals and Inquiries Act 1992 584
Scotland Act 1998 4, 50, 611 Tribunals, Courts and Enforcement Act 2007 160,
Senior Courts Act 1981 243 161, 183, 227, 556, 577-90
Serious Crime Act 2007 Pt 1 581, 589
Pt 1 495 Pt2 160, 170
s. 5 495 s. 64163
Serious Organised Crime and Police Act 2005 57, 58, Sched. 6 581
385, 389, 392, 395, 411, 423, 424, 495
ss. 71-75 447 Unfair Contract Terms Act 1977 145
s. 117 392
s. 132(1) 57 Vaccine Damage Payments Act 1971 584
s. 133(1) 57 Violent Crime Reduction Act 2006 409
s. 134(2) 57
Sex Disqualification (Removal) Act 1919 204 War Crimes Act 1991 48
Sexual Offences Act 1967 135, 666 Weights and Measures Act 1985 111
Sexual Offences (Amendment) Act 2000 48
Social Security (Contribution and Benefits) Act 1992 85 Youth Justice and Criminal Evidence Act 1999 446,
Southern Rhodesia Act 1965 85 455, 520
Sporting Events (Control of Alcohol etc.) Act 1985 393 s. 41 63
Table of statutory materials

Statutory instruments Rent Acts (Maximum Fair Rent) Order 1999 (SI
1999/6) 68
Civil Procedure Rules 1998 (SI 1998/3132) 80, 374,
Rules of the Supreme Court 1965 (SI 1965/1776) 539
538-48, 554, 555, 559, 566, 567, 572, 573, 630,
639, 642
European legislation
Pt 1 547
r. 1.1(2) 539 Directives
r. l.l(2)(a)-(f) 539
Directive 76/207/EEC (Equal Treatment Directive) 324
r. 1.4 543, 627, 630
Directive 85/337/EEC (Environmental Impact
r. 1.4(2) (e) 543, 627
Assessment Directive) 208
r. 1.4(2)(0 627
Directive 98/34/EC (Notification Directive) 208
r. 3.4 548
Directive 2008/52/EC (Mediation Directive) 640
r. 3.9 548
Directive 2012/29/EU (Victims' Rights Directive) 454
Pt 7 540
r. 12.3 542
Treaties
r. 24.4(1) 541
r. 24.6(1) 543 European Atomic Energy Community Treaty 1951
r. 26.4 543, 627 (Euratom) 93
r. 26.6 544 European Charter of Fundamental Rights 324, 325
r. 28.14 542 Art. 47 354
Pt 36 542, 555 Art. 51 325
r. 39.2 568 Art. 53(2) 324
r. 39.2(l)-(4) 568 European Coal and Steel Community Treaty 1951
r. 44.5 627 (ECSC) 93
r. 52.17 597 European Community Treaty See Treaty of Rome
Pt 54 62 7 European Treaty See Treaty of Rome
Civil Service (Amendment) Order in Council 1997
80 Maastricht Treaty See Treaty on the European Union

County Court Rules 1981 (SI 1981/1687) 539
Ord. 17 564
Criminal Procedure Rules 2005 (SI 2005/384) 430,
431, 443, 464
r. 3 430, 431
Police and Criminal Evidence Act 1984 (Tape-
recording of Interviews) (No. 1) Order 1991 (SI
1991/2687) 89, 90
Single European Act 1986 93, 203
Treaty of Amsterdam 1997 94, 203
Treaty of Lisbon 2009 93, 95, 96, 97, 98, 202, 203
Art. 6 324
Treaty of Paris 1951 93
Treaty of Rome 1957 (EEC Treaty now renamed as the
EC Treaty) 93, 204, 206, 233, 234
Art. 164 324
Another random document with
no related content on Scribd:
the same custom as the Dayaks of taking the name of their first-
born, as Pa Sipi, the father of Sipi.
According to the Orang Kaya’s agreement, a party started off at
daylight to search for my missing followers; and I went out and sat
upon the stump of a gigantic tree, to view the surrounding country, a
little anxious about my men. The recent history of the Adang people
is a good illustration of the injury done by the Kayans to the
surrounding tribes. They formerly lived near the Adang river, but
extended their farms to the entrance of the Madalam; but they have
been gradually driven back, until they have abandoned the Limbang
waters, and now drink those of the interior of the Trusan, the whole
country from the Madalam being now jungle. I do not imagine they
are nearly so numerous as they were, as in the last great Kayan
foray they suffered awfully. They were, I believe, all collected in their
villages at some great feast, when the Kayans, about 3,000 strong,
set upon them; the first village was surprised, the fighting-men slain,
the rest taken captive; the few fugitives were followed up so fast as
almost to enter together the second village with their pursuers,
where the same scene again took place. The burning of these
villages, and the beating of gongs and talawaks gave notice to the
rest, and all who could fled precipitately over the Adang range,
followed by their relentless foes, who killed and captured a very
great number.
The view from the clearings at the back of the houses is
extensive. To the east three lines of hills, backed in the distance by a
long range of mountains, where the salt springs are found; to the
north there is a fine valley, descending on either side in easy slopes
to the banks of the Trusan, and as a background there is a fine
range of mountains. They say the highest is Brayong, which rises
opposite Labuan, and is one of the loftiest peaks visible from that
island—direction east of south; so that if these people be not
mistaken, I know my position tolerably well; in fact, this morning,
before I heard the name, these heights reminded me of the Lawas
mountains; but they appear so close, that all my bearings and map
must be utterly wrong if the Muruts have not made a very great
mistake; it is only one of the guides that calls it Brayong. The distant
eastern range is said to shed its waters to the opposite coast.
The village at which we are staying is but a very ordinary
specimen of a Dayak location. The houses are poor, though
effectually closed in, to avoid, they say, the poisoned arrows of their
enemies, who are continually haunting this neighbourhood, a very
great exaggeration evidently. From the clearings that are seen on
every side, there must be a very fair population assembled around
these hills; but their continual petty quarrels have no doubt a bad
effect on their prosperity and their power to resist their great enemy.
There are about fifty families in this community, and like many of the
other inland Dayak tribes, each family occupies but a small space;
the front verandah, closed in like a long room, is filled with fireplaces,
showing that the Muruts of the plain find an elevation of 3,500 feet
very cold. I had no blanket last night, and had to get up about three,
and have the fire replenished, for I felt too cold to sleep; they use
very large logs as the chief stay, and with a little care they remain in
all night.
I notice here many beads and akiks (agate beads), but little brass
wire. About twelve to-day nine of my followers made their
appearance, five Muruts bearing their burdens for them; they said
that the two lads of the party were quite exhausted, and many of
them, from eating the cabbage of the rattan, had been vomiting.
They only managed to reach the river in which I bathed, and were
found there by the party of Muruts I had sent out; five Muruts
continued the search for old Japer and the original missing four. I am
afraid I shall not see anything of them before to-morrow, as old
Japer’s legs are very much swollen. I had scarcely written the words,
when the report of two muskets told me that they were not far off,
and all are now here but Japer, who is slowly coming on behind. At
sunset he arrived, utterly exhausted.
So suspicious had my men become from hearing the Muruts
describe the treachery of the head-hunters, that when the relieving
party approached them, they warned them off, threatening them with
their guns; the Muruts fortunately shouted out Orang Kaya Upit’s
name and then they were trusted. While sitting round the fires this
evening, I noticed a sound like Brooke, and listening more attentively
I heard “Tuan Brooke! Tuan Brooke!” continually repeated. I asked
what it was they were referring to. One of the interpreters explained
how delighted they were to see the adopted son (for so I found I had
been introduced) of the great Mr. Brooke, the friend of the
aborigines, the fame of whose good deeds had reached even this
very secluded people; and their only surprise was that he who had
given peace and happiness to the “Southern Dayaks” should neglect
to extend his benefits to the Northern. They thought that a word from
him would stop all the invasions of the Kayans, and enable them to
return to their own regretted country.
I was very anxious to trace the means by which intelligence was
conveyed to these Muruts of the peace and plenty that now reigned
among the Dayaks of Sarawak, and the way in which it reached this
tribe was very simple. When their communities broke up on the
Upper Limbang, some fled to the interior, while others made their
way down the river to the country at present inhabited nearer the
sea. At rare intervals, a party would start to visit their relations, and
though, as I have shown, they occasionally suffered heavy losses as
at the Naga Surei rapid, yet the practice was kept up. Sir James
Brooke’s name is of course very familiar wherever the Malays
extend, and, although many would try to prejudice the minds of the
aborigines against him and every other Englishman, yet the effect
would not be permanent, as they all remember and ponder on that
great event, the capture of Brunei by Sir Thomas Cochrane’s
squadron.
To those unaccustomed to these oppressed aborigines, it would
appear incredible—the awe and fear inspired by the Sultan and his
nobles in former times; and the idea was universal that the Bornean
government was the greatest and most powerful in the world; but our
navy gave a rude shock to that belief, and the joy among the
aborigines on hearing that the court was obliged to hide itself in the
jungle, and afterwards humbly apologize for its conduct, spread far
and near. They now began to give more credence to the stories
which had been spread by men like Japer of the power of the
English, and of the justice with which our countrymen ruled men.
Adang visitors carried back to the far interior imperfect versions of
these affairs, but what dwelt in their minds was, that there were
some of their countrymen who were happy under the rule of Tuan
Brooke.
Though they knew something of him in this way, similar stories
reached them from other sources; slowly the news spread through
the villages bordering on the Trusan, and were carried up against the
stream to meet the same tales brought over by the Kayan envoys,
who declared that Tuan Brooke was their great ally, and therefore
the Adangs were anxious to secure his influence to put down the
Kayan forays.
The highest peak beyond the houses above 5,500 feet is called
Lobang Rimau, “The Tigers’ Cave,” about which they tell this story:
that formerly a tiger killed a woman; the people turned out, and gave
chase; the tigers, eight in number, took refuge in a cave near the
peak; the hunters lit a great fire at the entrance, and smoked them to
death. Since then there have been no tigers, but the place has been
called “Tigers’ Cave” to this day; and it is worth noticing that the
Muruts of Padas have a great dread of ascending to the summit of
some of their highest mountains, on account of the tigers which still,
they say, lurk in the deepest recesses of the forest.
 CHAPTER V.
MY LIMBANG JOURNAL—continued.

Women’s Ornaments—Adorning in Public—Confidence shown by a

young Girl—Geography—Leech Bites—Tapioca—The Manipa
Stream—The False and True Brayong—Nothing but Rice to be
purchased—Wild Raspberries—Good Shots—The Rifle Carbine
—Death of a Kite—Picking a Cocoa-nut—Curious Statement—A
Village of Runaways—Proposed Slave Hunt—Disappointment—
Appearance of the Women—Old Look of the Children—Devoid of
Drapery—Preparing the Plantations—No Goods for Sale—Edible
Bird’s-nest Cave—Difficulties in penetrating farther—Determine to
return—Climate—New Route—Custom in Drinking similar to the
Chinese—Anecdote of Irish Labourers—Change of Plans—
Fashion of wearing Brass Wire—Start on a Tour among the
Villages—The Burning Path—Village of Purté—Refreshing Drink
—The Upper Trusan—Distant Ranges—Inviting and receiving
Invitations—Fatal Midnight Revel—Tabari’s Village—Alarm of
Orang Kaya Upit—Suspension Bridge—Inhabitants—Scheme of
the Adangs to return to their old Districts—Deers’ Horns—
Mourning—Difficult Walking—The Tiger’s Leap—Meet Si Puntara
—No Real Enemies—Murud—The Gura Peak—The Main Muruts
—Salt as well as Slave Dealers—Bearskin Jacket—White Marble
—Uncertainty whence procured—Leaden Earrings—
Unbecoming Custom—Lofty Mountains—Lawi Cloud-hidden—
Muruts busy Farming—Two Harvests a Year—Agricultural
Produce plentiful—Obtain a Goat—Dress of the Men—Bead
Petticoats—Custom of burying on the Tops of the Lofty Hills—
Desecration of Graves—Jars—Discovery of one in Brunei—
Similar Millanau Customs.
September 19th.—Many of the women in this village wear fillets of
beads round their heads to keep back the hair; it looks well at a
distance, but when near, most of them are so dirty that nothing could
look well upon them. Here is a girl going out to the fields to work, and
she is putting on her ornaments; first, the bands round the head;
then a necklace of beads of twenty strings; then a chain made of
brass wire, each link four or five inches long, but most of them wear
the last ornament round the waist. Perhaps she is in a hurry. One
might suppose that these adornments are worn in honour of our visit,
as they must be inconvenient to a woman at work.
Yesterday morning, while out walking, a young girl brought me
some sticks of sugar-cane; her companions remaining a hundred
yards off; for this, in the afternoon, she was duly rewarded with a
looking-glass. I like this confidence, and detest the system they have
in some tribes of running away shrieking—all false modesty, as they
are seldom really afraid. The trade in beads for rice appears brisk,
and so we need have no fear about provisions.
I have been trying to understand the geography of this part of
Borneo, but I am exceedingly puzzled by the position of Brayong; it
bears N. E. by N. The valley leading up to these mountains is very
picturesque and park-like, with its extensive clearings and clumps of
trees scattered about. To the north the hills slope gently to the rivers,
and appear to afford splendid spots for cultivation; from this view,
even Brayong appears approachable by a very easy ascent.
I am trying to make arrangements for a six days’ trip in the jungle,
in search of new flowers, and also for a reported edible bird’s-nest
cave, the latter, most probably, a myth. I am rather troubled by my
feet. I have seventy-three wounds on one leg, and seventy-two on
the other, all from leech bites, and some of them are festering; but a
few days’ rest will probably restore them to a proper walking
condition. I dislike living in these little close houses, they are very
dirty, and there is little new to observe or to interest. I prefer the
freedom of the woods and the freshness of the tents.
20th.—The women are hard at work preparing the tapioca for
food; they cut it into slices, then dry it, and afterwards pound it to a
flour. Took a walk, notwithstanding my tender feet, as I dislike
remaining quiet a whole day. We went down to the stream which
runs to the eastward of the village, the Manipa (its bed 2,957 feet);
observed only sandstone intermixed with quartz; from thence we
ascended to a village on top of the opposite hill (height 4,403 feet),
Purté being the name of the rivulet that flows near it.
I might well say yesterday I was puzzled by the position of
Brayong, as it turns out not to be Brayong at all. It is not thirty miles
off, and the veritable Lawas range, bearing N. 10° W., about thirty
miles beyond it. There is also a high mountain, part of the false
Brayong, bearing N. Now I am no longer puzzled: the Orang Kaya
Upit gave it that name from the marked resemblance of the two
ranges. There is a curiously shaped mountain, whose eastern end is
very recognizable. I must sketch it in the geographical journal, as I
can easily recall it, if ever I ascend the Trusan.
We found the village nearly empty, all the people being away at
their farms. We could only purchase a fowl; there were two goats,
but the owner was absent. The story of the innumerable goats has
indeed faded away; we were equally unsuccessful in our search for
fruit, vegetables, or sugar-cane. On our return we picked a great
many wild raspberries, which have not very much flavour, but they
were refreshing, and in many places the shrubs grew so very thickly
as to prevent any other vegetation springing up, and looked like a
deserted garden. The plants have a very similar appearance to those
grown in England, and are pleasant to look at as reminding one of
home. The boys of the village for a few beads collected them by the
peck, till we were completely surfeited by them.
I am not a good shot with the rifle, but in my life I have three times
startled the natives, and this I did to-day. There were a great many
men present, chiefs of the neighbouring villages, and Orang Kaya
Upit told me that they had heard of the wonders of the rifle-carbine,
that could be fired five times without loading, and they were all
anxious that I should discharge it before them; so I looked about for
a mark, that if I missed would not be looked upon as a great want of
skill.
I observed a large kite perched on a branch of a tree about a
hundred and twenty yards off, so I told them I would have a shot at
the bird. I remembered that I had once before put a bullet from the
same carbine through a hawk, so I had some confidence in the
instrument. I fired, and the bird came down without the flutter of a
wing, pitching headlong into the jungle below. This intensely excited
their admiration. There is no doubt that skill in arms has a great
effect upon wild tribes, so I shall never again attempt a difficult shot
before them, for fear I should weaken the effect of this one. The
carbine was an excellent one, manufactured by Wilkinson of Pall
Mall, after Adams’ patent.
Many years ago I landed at Cagayan Sulu, with a large party to
buy cattle. A few of the people were most insolent in their manner,
and they were all fully armed; after strolling about a little in the
blazing sun, we felt very thirsty, and asked the owner of the house
near which we were bartering, to let us have a cocoa-nut. He pointed
to them, and with an insolent laugh said, “You may have one if you
can get it.” I did not wait for a second permission, but without a
moment’s thought let fly at the stalk and brought a nut down. I never
saw astonishment so visible on men’s countenances; we had no
more insolence after that. It was a shot that one might attempt a
hundred times without succeeding.
I mention this circumstance as it produced a proposal that gave
me some information of which I might otherwise not have heard. I
noticed in the evening that the chiefs were more quiet than usual,
and that they were talking together in whispers and constantly
looking my way. One of them brought me a basin of their native
spirit, which is not strong, so I drank it off. Then Orang Kaya Upit
unfolded their scheme: he said that formerly all their tribes were very
rich in slaves, captives made in their different expeditions, before the
time they were so broken up; suddenly, for some reason they did not
understand, all the slaves from the neighbouring villages fled in a
body and built a strong house a few miles away, from whence they
constantly harassed their neighbours, their former masters. They
were a bad people, thieves, and murderers, the only disturbers of
their peace: it was they who came at night and shot poisoned arrows
at the women and children, killing many.
After minutely recounting the evil deeds of this people, he said
that the assembled chiefs had often attacked the robbers’ village, but
had never succeeded in taking it. They had seen to-day the
wonderful effect of fire-arms, and they were quite convinced that if I
would join them with my seventeen Malays armed with muskets, we
could easily capture the place; that there were not less than sixty
families, so that there would be at least a couple of hundred slaves
to divide, and that they were willing I should take as many as I liked
for myself and men.
My followers looked very eagerly at me, ready at my desire to
enter on this slave hunt. I quietly declined joining in the attack, as we
had never been injured by their enemies. To this they replied that I
should certainly be attacked on my journey home, as these people
would have heard of my arrival, and would lie in ambush. I told the
Orang Kaya that I would prefer waiting till that event took place; if it
did I would turn back, and join them in driving their enemies out of
the country. They were disappointed at my determination, and
perhaps my men had indulged themselves with the idea of getting a
slave apiece. If true, this story of the village of escaped captives is
very curious; but it may have been invented to induce me to join in
an attack on a tribe of their enemies.
21st.—Many of the inhabitants of the neighbouring villages are
coming in to see the stranger. The women are remarkably ill
favoured—broad flat faces and extremely dirty, but with many head
ornaments, and some of them are tattooed about the arms and legs.
Many of the men and women wear round flat pieces of metal or of
wood in the holes of their ears instead of earrings, while others have
heavy pieces of lead, dragging the ear down to the shoulder, like the
Kanowit tribe, I suppose to enlarge the holes to the proper
proportions.
It is curious to notice the very old look that many of the boys and
girls have, especially the latter: it requires a glance at the bosom to
discover whether they are young or not. Their petticoats are of the
shortest, sometimes not eight inches broad, and are scarcely decent.
The Bengal civilian’s exclamation on seeing the Sarawak Dayaks, “It
strikes me that these people are rather devoid of drapery,” would
apply better to the Adang ladies.
We have purchased rice for twenty days at extremely moderate
rates, bartering with beads. Our guide continues absent on a visit to
his relations, which is the cause of our remaining so quiet. The
atmosphere around us is filled with smoke from the burning
plantations, rendering it quite unpleasant for mouth, nose and eyes:
the clearings are very extensive in many places, and as yet not half
burnt. Their cultivation is very slovenly—the regular Dayak custom of
felling a large extent of jungle, then, when dry, burning all that can be
easily burnt, thus leaving the trunks and large branches, and planting
rice between them.
I have observed but few tobacco-plants; they smoke what
appeared to me a kind of moss, but in reality tobacco badly cured.
They are all anxious for goods, but they have nothing to sell; neither
goats nor honey, and but few fowls or vegetables, nor do they
appear to have wax, camphor or birds’-nests; rice is their only
commodity, and that they have in abundance.
4 p.m.—One of the great curiosities of these countries is certainly
the edible bird’s-nest caves, and we were promised the sight of an
immense one. Luñgenong told us that once, when out hunting, he
had followed a pig into a large crevice in the rock, which, however,
opened out to an immense size in the interior; and that the sides
were covered with a mass of the white nest; of course the old ones
would have been of no value, but had they been destroyed, in a few
months new ones would have been built, and have been worth a
great deal to them. Luñgenong has just returned from a visit to his
relations, but though he still persists in his story of the caves, he has
changed a three days’ walk into a month’s journey in the forest: we
must, he says, carry provisions for the whole distance. This is
evidently an invention; perhaps he does not want us to visit his
caves, so I have told him I won’t go. I should like to reach the
mountain of Lawi, but I have only seven men who can walk.
22nd.—I have almost made up my mind not to try to penetrate
farther into the country during this expedition. I think it would be
much better to attempt reaching the great mountain of Lawi by
ascending the Trusan river from its mouth. The whole country
appears inhabited, so that my men would not suffer as they have
done during our present expedition up the Limbang: they would have
no unusual fatigues, nor any privations to undergo, and our chance
would be greater.
 It is very improbable indeed that at this season I can get much
assistance from these villagers; it is their planting time, and they
have a little of that feeling, which we found so prevalent during our
Kina Balu trip, of not wishing to help us to go beyond their own
village—a sort of jealousy that we may distribute our goods
elsewhere. Were my men well I should laugh at such difficulties, and
go without a guide; but four of my followers are really ill, eight more
have very sore feet, so that in reality I have but five efficient men,
which is too few to wander with unless joined to the people of the
country. I have succeeded in all the objects with which I started
except reaching Lawi, and I have gained such knowledge and
experience how to organize the next expedition, that I feel tolerably
assured of penetrating during the next excursion very much farther
into the country.
The climate among these hills must be very healthy, the air is
fresh and cool; even in the middle of the day it is not oppressive,
except in certain places. A few days’ farther advance would give us a
very superior climate. I regret that I have not sufficient instruments
with me to carry out all my views: but even with the imperfect means
I possess, I have added considerably to my knowledge of this portion
of the interior.
We are making many inquiries respecting the country below us,
and the result is that we think that by starting from Brunei with light
boats and lighter baggage, we should probably reach these houses
in good condition under twelve days; which would enable us to
extend our travels immensely during two months. I am longing to
push on to the range of mountains we see to the eastward, but after
five days’ rest few of the men have recovered from their walk from
the Madihit.
The men are drinking arrack around me, and it is interesting to
observe the custom of refusing the proffered glass and pressing it on
others, the contest continuing even to the danger of spilling the
liquor. It is so practised among the Chinese at Sarawak that a cup of
tea is often offered and refused by every one in company before the
holder will drink it. I must have disconcerted many a thirsty man by
accepting the cup before I knew the custom. This puts me in mind of
an incident that took place in a rapid run I made between the Cove
and Cork. At the door of a public-house were a dozen idle labourers:
we stopped there for a glass of ale, and in the exuberance of our
spirits ordered four quarts for the idlers: just as we were starting, one
of them stepped up to me and said,—“Sir, we never drink but out of
our own pints.”
5 p.m.—“Unstable as water,” &c., I might almost say of myself, as
my determination of not extending our journey has been upset by the
Orang Kaya Upit, who assures me that the people of the interior are
expecting me, and Si Nuri has just joined us with a message from Si
Puntará, the old hunter we met in the woods, hoping we will come
and visit him and his people. So if nothing occur, we shall start to-
morrow with such men as can walk, leaving the others to recover
strength at this village. I much prefer this plan, as it will enable me to
form a better estimate of the facilities of reaching the centre of the
island by this route, and I may yet get a look at Lawi. I have
constantly borne in mind the whisper I overheard, that only certain
privileged individuals are allowed to get a sight of this famous hill.
I have seen many fashions of wearing brass wire, but the most
inelegant is that of some of the girls of the neighbouring villages,
who twist about a couple of fathoms in circles round their neck, rising
from the shoulders to the chin, forming what appears a stiff collar
with a very broad base; it is, however, no doubt more pliant than it
appears.
23rd.—Commenced our tour among the villages by walking over
to the Purté houses: it took us two hours in the broiling sun, although
in a direct line not above two miles, and by path not three, but we
had to descend about fifteen hundred feet and climb that again; the
slopes of the hills very steep: besides we were in no hurry, not
intending to pass this village. The leech bites prevent my wearing
shoes, and the way being completely open, with no shade whatever,
the trunks of trees laid along to form a path were very hot, making
the soles of my feet painfully sore; my followers, lazy after a five
days’ rest, lagged even in this short walk, but as soon as we reached
the houses, a beautiful breeze refreshed us: but even a long bath
would not cool my burning feet.
 The village of Purté, or Sakalobang, one the name of the rivulet,
the other of the buttress, is on a northern spur of the Adang range,
which here bends considerably to the eastward. It consists of about
forty-five families, and the houses are slightly larger than the last
ones, and less confined: this village acknowledges Balang Palo as
its head man, as Si Lopong was of the last, and they know the
different villages by the names of the chief men, rather than by rivers
or hills. After our bathe the villagers refreshed us with a sweet drink,
unfermented, made from the roots of the tapioca. I notice here that
deer’s horns are much used as pegs on which to hang their swords
and fighting jackets. Most of the people are away planting rice, while
the neighbouring villagers are burning the felled trees, and filling the
air with their smoke. As we advance we obtain better views of the
interior, and here the Trusan, under the name of Kalalan, is rather
broad, and might perhaps float a canoe.
I shall not make much remark about the country, as I have taken
the necessary bearings, and shall see it all so much better from the
upper villages. The lofty eastern range is gradually appearing as two,
with in one place high white cliffs near the summit; it is too smoky for
very good bearings. Noticed a little boy wearing brass wire round the
arm from the wrist to the elbow, after the fashion of Sarawak Dayak
girls, and many of the absurd brass-wire collars even on young
children.
Every principal man seems to consider it necessary to give Orang
Kaya Upit, and the other illustrious visitors, a meal or a feast, and it
is amusing to watch how the invitation is given and received. The
host draws near the crowd, and says,—“Come,” the visitors pretend
not to hear: he again repeats, “Come,” more impatiently. They look at
anything rather than the speaker, and continue their conversation
with more earnestness than ever; after innumerable “Comes,” they at
last get up and proceed in solemn procession to the host’s room;
and this is carried on throughout the day, the visitors becoming
redder and redder in the face as evening approaches, the repeated
draughts of arrack having their effect. They gave me a little honey; it
does not look inviting, but it tastes tolerably well.
 8 p.m.—The whole house is in uproar, from the news arriving of a
man having been killed last night during a drunken bout in a
neighbouring village: nobody knows who did it, so each of the men
took an oath it was not he: they hang up a string of tiger-cat’s teeth,
and the men pass under, denying the action; a man refusing to
undergo this ordeal is considered guilty. The discussion among the
assembled chiefs is very energetic, as each man is trying to suggest
how the accident could have occurred; it being their custom when
intending to spend the night drinking, to lodge all their arms with the
women. The most sensible conjecture was that the spear shaken
from its place by the boisterous movements of the drinkers, fell
without being touched, and striking the man inside the thigh, cut the
femoral artery: they could not stop the bleeding, and the man died
almost immediately. At first suspicion fell upon the owner of the
spear, but he evidently had not thrown it, yet they felt inclined to fine
the man for having possessed so unlucky a weapon. The news of
the accident threw a slight damp on the party, and though they kept it
up till one, much to my discomfort, yet none of the carousers got
intoxicated.
24th.—We advanced to-day four hours in a south-east by east
direction to the village of Tabari. I thought yesterday I should get a
clearer view at early dawn, but a dense fog hid everything from us; it
did not lift till nine, and then only partially, but it showed that what
appeared as the southern end of the long range is a separate
mountain, but as we shall in all likelihood advance two or three days
farther, it is useless to speculate on the probable course of the river.
Our path to-day reminded me of the Sarawak Dayak ones, being
principally composed of trunks of trees generally notched,
disagreeable in descending.
As the morning was cool, our party kept well together, except the
Orang Kaya Upit and his relations, who would have bad birds. They
are evidently in alarm; what about is rather puzzling, as we are only
going to the houses of our last night’s visitors, but they apprehend
treachery, and are giving broad hints about returning; to this I will not
listen, as they will state no reason for their fears. Tabari’s village,
unlike the rest, is on the main river, which thus affords us pleasant
baths; it contains twenty-three families. Opposite the houses is one
of those bamboo and wooden suspension-bridges, thrown from one
tree to another, common in many rivers, and very useful, though they
are sometimes very rotten, and will only bear one at a time. (Houses
3,127 feet.) Although we stopped at Tabari’s house, the Orang Kaya
Upit would not, but went on to the next village.

T. Picken, lith. Published by Smith, Elder &

Day & Son, Lithrs. to the Queen.
Co. 65, Cornhill, London.
MURUT BRIDGE—TABARIS VILLAGE.
These people say that they are not Adangs, but the original
inhabitants of the country, intermarried, however, with the fugitive
tribe, and speaking the same language. They may be people of the
lower Trusan, but I doubt if they have long been settled here: there
are no fruit-trees nor ancient clearings around them, no sign, in fact,
but of a rather recent settlement.
I am promised a sight of the great mountain of Lawi to-morrow.
There is some talk of our returning a new way; I shall not object if I
can get my baggage brought on, as I like to pass over fresh ground,
and I may be able to get some bearing of Molu, which I have not
done since I left the Limbang.
I forget whether I have mentioned it before, but there is a scheme
on foot of which the Orang Kaya Upit is the originator, and he quotes
me as his great authority. It is this: that the Sultan should allow a fort
to be established at the entrance of the Madalam, to be held by the
Orang Kaya, to stop the expeditions of the Kayans; then that the
whole of the inhabitants of the interior of the Trusan should move
over and farm between the Madalam and Madihit. There can be no
doubt that it would be a good thing both for Brunei and the Muruts,
as the Borneans would get rice cheap, and the Adangs be able to
supply themselves with goods; few wear anything but bark now, and
as on the Limbang there are both wax and camphor, and
innumerable rattans, they would have no difficulty in purchasing
cloths, which they already prize. The Muruts would be too far off to
be oppressed, but near enough to trade. The Shabandar, however,
dreads anything like combination among the Muruts, and would
particularly object to their getting beyond his reach.
Deers’ horns are plentiful in this house. Ahtan has just counted
forty-three used as pegs; the skins of bears, as well as those of the
rimau dahan are also numerous, nearly every man having a jacket of
them. The men evidently hunt a great deal; their dogs are all sleek
and well fed, and I intend buying a couple to take down the river with
us.
There is apparently always something new to notice in these
tribes. I never before saw the following ceremony: twenty-four girls
and boys, with a few grown women, are walking up and down the
verandah, chanting, “Woh, weh, woh, Isana,” mourning for the son of
the chief, who has just been wounded up country. They march in
Indian file, their arms resting on the shoulders of the person in front;
it appears to be a mere ceremony, there being very little grief in the
tone. At first I thought it might be connected with the heavy rain and
crashing thunderstorm that is now raging outside, preventing any
attempt at conversation. This promises us a rapid if safe return, as
we have had rain at night for the last few days.
 These people wear many rings of lead up the rim of the ear, as I
noticed among the wax gatherers.
I have just heard that it was a relation of the Orang Kaya Upit who
wounded the chief’s son, which explains the bad omens and the
fears. Absurd fellow not to have explained the reason, because we
could then have all gone on together!
25th.—We advanced about four miles in a S.E. by S. direction to
the houses of Si Nina, where we breakfasted. The track was
generally along the banks of the river and very bad walking indeed;
constant landslips having destroyed the path, we had to crawl along
over the loose earth, sometimes finding it impassable; we were then
obliged to descend to the foaming stream below, hard and
dangerous work after last night’s rain. Among the valleys small
plains, slightly undulating, are to be met with; otherwise the
character of the country is a general succession of steep hills. At one
place two rocks were pointed out to me in the stream about thirty
feet apart, called the Tigers’ Leap. I made many inquiries about
these animals; they insist that eight came to their country; that they
were not tiger-cats as I suggested: if such animals were ever here
they might have escaped from cages in the capital: it was a common
custom among the far eastern princes to keep these ferocious
creatures, but I never heard of Bornean princes doing so. I have
read somewhere that formerly there were a few tigers on the north-
east coast, probably let loose by strangers as the ancestors of the
elephants were.
Si Nina’s village contains about forty families, if we follow the
numbers of doors, though he himself says fifty, and their lazy habits
may induce two families to live in a space not fit even for one. Here
we met Si Puntará, whom we accompanied two miles in a south-
west direction to his village on the slope of a hill; it consists of two
houses and perhaps forty families. Tapioca is extensively grown
round this village, and the clearings are immense. What proves to
me that the stories of constant harassing enemies are
exaggerations, is that all these villages keep their rice granaries at
some distance from the houses, where they might be destroyed
without any danger or difficulty; to this the Muruts would answer that
their enemies seek heads, not rice.
The mountain at the southern end of the first eastern range, called
by the natives Murud, or “the mountain,” bears south-east by south,
and in a straight line is perhaps not more than three miles off.
(Houses 3,679 feet). Orang Murut simply means a mountain man, or
a mountaineer, but is now used for a particular class of aborigines.
Standing near the rice granaries of Si Puntará’s village we had a fine
view of the ranges that ran from north to south, whose lengthened
summits showed occasionally white cliffs, but there was a peak not
many miles from us, a little to the eastward of south, called Gura,
and from its summit they said on a fine day the eastern coast was
visible, with the broad sea beyond, and at its base and beyond it live
the Main Muruts, who are the great suppliers of salt.
There are some of the Main Muruts here. I have asked for a guide
to their houses; I am promised one if I will remain another week, but
as that excursion itself would take us eight days, I must not think of
attempting it, as even now I shall not be back to Brunei within the
time I promised. The Main Muruts are not only salt but slave dealers.
I have noticed but one of them, and he in his pride has beaten out a
brass gong into a broad belt a foot across. He is a forbidding-looking
fellow, with a hair lip. They say the salt water issues from a spring,
and is collected in small ponds, and then boiled for the salt; it looks
dirty, and has a peculiar flavour, as if it had much soda in it. The
Orang Kaya Upit, with a bad omen, has again deserted us, so that
we are without a proper interpreter.
26th.—In looking at a bearskin jacket, of which there are a great
many to be seen about, I for the first time saw a specimen of the
Batu Gading, “ivory stone,” in fact, white marble. They say the
Muruts of Limbang sell it. I should like to know from whence they get
it; those I have asked say from Baram. I remember passing a
mountain or hill in that river that they called Batu Gading. Sent a
party to find if the Orang Kaya Upit had been able to purchase a
deer or a goat for us. Many of the women, as I have before noticed
in the men, wear leaden rings along the edge of the ear; the lobe
being brought down to the shoulder by half-a-dozen heavy ones.
 About 11 a.m. started in a south-west direction for about a mile
and a half, to the top of a hill, from whence there is usually a view of
Lawi in a south-west direction; all the mountains, however, are
hidden in clouds, but it must be a high one if remarkable among its
towering neighbours. The whole appearance of the country is
mountainous, each range becoming more lofty as we approach the
hidden interior. From an elevation of about 4,348 feet, the two
mountains next us looked very high, perhaps between 7,000 and
8,000 feet; they say these are the children, Lawi the father.
Were the people not so busy with their farms, and I so pressed for
time, I would try and reach Lawi, as there are people residing at its
foot; but I must put it off till next expedition, when I hope to pass the
mountain.
These people are very well off, on account of planting rice twice a
year, one kind called Asas being ready in three months, the other in
five months. They have plenty of the great essential rice, and trust to
hunting for most of their flesh; they, however, keep pigs and a few
fowls. Tapioca is a mere weed; dressed as a potato it is excessively
indigestible; I have observed some sweet potatoes, and also some
yams and Indian corn. They have no fruit-trees, contenting
themselves with a few bananas.
Orang Kaya Upit has so far got over his fears, that he has made
his appearance, following in the train of a goat, which has been the
loadstone to draw him here. I think our farthest resting-place has
been reached, as I talk of returning to-morrow, and calculate that
should no unforeseen event take place, we may reach Brunei by the
11th October. The plan of returning by an entirely new road has been
given up, as it would require our remaining here till all the rice is
planted.
I have seen quite as much of the country as I expected,
penetrating as far, though not quite in the direction I had calculated. I
thought we should have made a general S.E. by S. direction from the
Madalam, but I think we must have advanced S.E. by E. instead.
Many of the men have broad belts of bark, which are worn partly
over the chawat, something after the fashion of the Belcher’s Sagais