I come in my last place to the point, which is made by the justification; for the defendants If he had no such jurisdiction, the law is clear, that the officers are as much responsible for the trespass as their superior This power, so claimed by the Secretary of State, is not supported by one single citation from any law book extant. It is claimed by no other magistrate in this kingdom but himself
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Held: The incidents occurred in the course of peace-keeping duties. It was. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
The plaintiff had been arrested under the Act, but this provided no power of arrest which the appellant knew. The officers might lawfully have arrested the plaintiff for the. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the.
She refused them access, but when they saw him, the police officers called out that he was under arrest under the Act, and forced their way past the door and the defendant. The islanders had been taken off the island to leave it for use as a US airbase.
In , the island was no longer needed, and payment had. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to. Held: The orders could not stand. Such orders were made by the.
The police had searched his premises, and found further evidence which was used to support the application for extradition.
He challenged the collection and admission. Two competing and genuine interests were to be balanced. The right to pursue employment without being. The journalist appealed the order, on the basis that it was in effect an order that he.
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. The vehicle was searched and a quantity of alcohol and tobacco found, which they believed not to be for personal consumption.
The car and imports had been forfeited. The court had said that the. The court had ordered that the islanders be allowed to return, but the appellant had passed an Order in Council effectively reversing the position, and now appealed a.
Entick v Carrington
Entick v. But this was not the only question in the Case. All the other interesting subjects, which were discussed in the immediately preceding Case, except the question of General Warrants, were also argued in the following one; and most of them seem to have received a judicial opinion from the Court. The State of the case, with the arguments of the counsel, is taken from Mr. But instead of his short note of the Judgement of the Court, the Editor has the pleasing satisfaction to present to the reader the Judgment itself at length, as delivered by the Lord Chief Justice of the Common-Pleas from written notes. It was not without some difficulty, that the copy of this Judgement was obtained by the Editor. He has reason to believe, that the original, most excellent and most valuable as its contents are, was not deemed worthy of preservation by its author, but was actually committed to the flames.
Entick v Carrington: KBD 1765
Entick sued the messengers for trespassing on his land. In the most famous passage Camden stated: The great end, for which men entered into society, was to secure their property. The cases where this right of property is set aside by private law, are various. Distresses, executions, forfeitures, taxes etc are all of this description; wherein every man by common consent gives up that right, for the sake of justice and the general good. By the laws of England, every invasion of private property, be it ever so minute, is a trespass. No man can set his foot upon my ground without my licence, but he is liable to an action, though the damage be nothing; which is proved by every declaration in trespass, where the defendant is called upon to answer for bruising the grass and even treading upon the soil.
Loveland: Constitutional Law, Administrative Law and Human Rights 8e: Online Casebook
Entick v Carrington