England and Wales Case Law

R v Neil Webb Johnson

There was no sufficient evidential foundation before the judge to establish the necessity for a restraining order post-acquittal, as required by law. The judge erred in making the order without evidence of a significant future risk of harassment, particularly given the long passage of time since the last alleged conduct and absence of recent complaints or statements supporting necessity.

Source excerpt

• Restraining orders
• Acquittal
• Protection from harassment
• Necessity test
• Appeals

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ALK & Anor v The Chief Constable of Surrey Police

ALK & Anor v The Chief Constable of Surrey Police [2025] EWHC 1964 (KB) (28 July 2025)

The High Court allowed an appeal in false imprisonment claims, holding that Surrey Police unlawfully arrested two officers by failing to consider voluntary interview as an alternative.

• False imprisonment
• Unlawful arrest
• Police powers
• Costs
• Personal injury
• Necessity test

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Imogen Bickford-Smith v Information Commissioner

The Upper Tribunal dismissed an appeal about withholding farmers’ business addresses and CPH numbers under the EIR personal data exemption.

• Environmental information regulations
• Personal data
• Legitimate interest test
• Necessity test
• Balancing test
• Public disclosure

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Webb-Johnson, R. v

Webb-Johnson, R. v [2025] EWCA Crim 1084 (20 May 2025)

The Court of Appeal quashed a post-acquittal restraining order, holding that the evidence before the judge did not establish necessity under section 5A of the Protection from Harassment Act 1997.

• Restraining orders
• Acquittal
• Protection from harassment
• Necessity test
• Appeals
• Restraining-orders

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Nursing and Midwifery Council v Persand

Nursing and Midwifery Council v Persand [2023] EWHC 3356 (Admin) (15 January 2024)

The High Court partly extended interim NMC conditions on a nurse, finding some restrictions necessary but discharging most of the standard conditions.

• Interim orders
• Fitness to practise
• Article 6 echr
• Delay in proceedings
• Necessity test
• Professional-regulation

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Shaun Poore v Information Commissioner

The Tribunal dismissed an FOIA appeal over the number of occupants at an address, holding the information was personal data and could be withheld under section 40(2).

• Personal data
• Foia exemptions
• Legitimate interest test
• Necessity test
• Balancing test
• Foia-section-40

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Kol v Information Commissioner and Reigate and Banstead Borough Council

The Upper Tribunal held that disclosure of council officers’ qualifications and training was not necessary for Ms Kol’s legitimate interests, so section 40(2) FOIA applied.

• Personal data exemption
• Legitimate interest test
• Necessity test
• Transparency and accountability
• Public sector information disclosure
• Freedom-of-information

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SOCIAL WORK ENGLAND v BARBARA YANI DOH- NANI

The High Court extended an interim suspension order against a social worker for 18 months, pending related criminal proceedings involving serious allegations of fraud and dishonesty.

• Interim suspension orders
• Professional discipline
• Necessity test
• Public interest
• Fitness to practise
• Interim-suspension-orders

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Reay & Sherlock v Chief Constable of Northumbria Police

Reay & Sherlock v Chief Constable of Northumbria Police [2020] EWHC 3246 (Admin) (27 November 2020)

The High Court dismissed an appeal over arrests made during a Newcastle protest operation, holding the police had reasonable grounds to believe arrest was necessary under PACE.

• Lawfulness of arrest
• Police powers
• Necessity test
• Public order policing
• Summary arrest
• Section 24 police and criminal evidence act 1984

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Reay & Sherlock v Chief Constable of Northumbria Police

The High Court dismissed an appeal over arrests made at a Newcastle protest, holding police had reasonable grounds to believe arrest was necessary for public order reasons.

• Summary arrest
• Public order
• Individual liberty
• Necessity test
• Conspiracy to commit violent disorder
• Summary-arrest

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