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Important Message:
For links to off-site caselaw resources, visit the links page. This page contains information about the Aspals Case database. The Aspals Case Updater is one of the most comprehensive collections of legal decisions impacting the UK military system. The cases listed in the database now include important Human Rights cases from home and abroad, thought to be of interest to practitioners and researchers, together with a number of first instance cases which are not officially reported. Below is a selection of interesting cases, extracted from the more extensive database. To meet the increasing costs of running the site it was necessary to restrict access to the full database of indexed cases and useful documents (for which a subscription is required) via the adjacent search button. While links to free resources are maintained, the BAILII.org site seldom reports military cases and some of the older decisions are now disappearing altogether from access. An indexed case is a decision where bookmarks have been added to the text, often with hotlinks to relevant law and precedent, thus making research so much easier. They provide easy access to key points of the decision. Corrections to erroneous citations may also made and explanatory notes added where necessary. Indexed cases take quite some time to prepare, so while access is free to members, there is a modest fee for non-sbscribers to reflect the work done. Non-subscribers may purchase an Indexed case by clicking on the flashing Index download button, where available. The blue hypertext links, referencing the decision, are to the database, for which a subscription is required. |
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| Name | Reference |
| McQuillan, McGuigan & McKenna, In the matter of Judicial Review, investigation of a death or allegation of torture or inhuman or degrading treatment under Articles 2 & 3 of the European Convention on Human Rights, Northern Ireland troubles, Human Rights Act 1999, independence of investigations |
[2021] UKSC 55 15 December 2021 Supreme Court [Reference] |
| O'Mahoney, R-v- Ian O'Mahoney Promotion Board, Forgery, fraud, false GCSE certificates |
(2021) Bulford CMC 19 July and 28th October 2021 [Reference] |
| Barber -v- Administrator Of The Sovereign Base Areas Of Akrotiri And Dhekelia, Overseas Territory Sovereign Base Areas, Cyprus, historic sex offence, rape, indecent assault, Royal Air Force (RAF), jurisdiction, extradition, Extradition Act 2003, delay, hardship, oppression, case discontinued, revived prosecution, material from the earlier investigation is missing, Convention rights under articles 5, 6 and 8 ECHR |
[2021] EWHC 2858 (Admin) 26 October 2021 BAILII Decision [Reference] |
| Gallagher, In The Matter Of An Application By Michael Gallagher for Leave To Apply For Judicial Review Omagh Bombing, relevance of Human Rights Act, applicability of the European Convention on Human Rights, Article 2 investigation, Public Inquiry dismissed |
[2021] NIQB 85 8 October 2021 [Non-Indexed] [Reference] |
| Tillotson, R -v- Actual Bodily Harm, ABH, s.47, householder defence, selection of members, members sitting for more than one case, minimum time to deliberate, basis of conviction, equivocal explanation from the president on basis of finding, no requirement to import civilian procedure |
[2021] EWCA Crim 1595 21 September 2021 Trial [Reference] |
| Roberts, R-v- Fraud, continuity of education allowance, wife not joining serving spouse at duty station, remaining in family home. |
[2021] The Times, CMC Bulford 21 June 2021 [Reference] |
| Heslop, R -v- Fraud, Boarding School Allowance, BSA, unaccompanied by wife, Continuity of Education Allowance, Ambiguous wording of regulation, Service Compensation Order |
[2021] EWCA Crim 1464 5th October 2021 [Reference] |
| Heslop, Major Marcus Heslop Fraud, Boarding School Allowance, BSA/CEA, unaccompanied by wife, guilty pleas, breach of trust, suspended sentence, service compensation order, community order of 200 hours |
[2021] Bulford CMC 9th June 2021 Sentencing Note CMAC appeal - Counsel's Note CMAC Appeal Decision [Reference] |
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Walsh, R-v- s.66, Disgraceful conduct of an indecent kind, objective test, Indecency, RAF Officer |
(1980) CM/12/80 CMAC unreported, 4 July 1980 [Reference] |
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