Bridle -v- Ruby; CA 1989

The plaintiff was able to establish a right of way by prescription despite his personal belief that he had such a right by grant.
Ralph Gibson LJ said: ‘For mistake as to the origin of the right asserted by the user to be relevant, it seems to me that it must be such as to be capable of affecting the way in which the user of the right is conducted by the claimant or in which that user is seen by the owner of the land over which the right is asserted. The requirement that user be ‘as of right’ means that the owner of the land, over which the right is exercised, is given sufficient opportunity of knowing that the claimant by his conduct is asserting the right to do what he is doing without the owner’s permission. If the owner is not going to submit to the claim, he has the opportunity to take advice and to decide whether to question the asserted right. The fact that the claimant mistakenly thinks that he derived the right, which he is openly asserting, from a particular source, such as the conveyance to him of his property, does not by itself show that the nature of the user was materially different or would be seen by the owner of the land as other than user as of right.’
Parker LJ said: ‘The true position, as exemplified in the Chamber Colliery case, 32 Ch.D. 549, is that user in an asserted but mistaken belief that it is justified on a right of limited duration, which belief is acquiesced in, cannot be made the foundation of a grant of unlimited duration. To go as far as saying that no user based on a mistaken belief in a right could found a claim to prescription would be to say that the law will only presume a grant or allow a claim to prescription at common law in favour of someone who is aware that he is a wrongdoer.’

Court: CA
Date: 01-Jan-1989
Judges: Ralph Gibson LJ
References: [1989] QB 169,
Cited By:

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Filed under Land

GJB -v- Regina; CACD 1-Apr-2011

Court: CACD
Date: 01-Apr-2011
Links: Bailii,
References: [2011] EWCA Crim 867,

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Filed under Crime

Adam and Another, Regina -v-; CACD 1-Apr-2011

Appeals against confiscation orders

Court: CACD
Date: 01-Apr-2011
Judges: Hooper LJ, Openshaw, Sweeney JJ
Links: Bailii,
References: [2011] EWCA Crim 865,

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Filed under Criminal Sentencing

Smyth -v- Rafferty and Others; SCS 1-Apr-2011

Court: SCS
Date: 01-Apr-2011
Links: Bailii,
References: [2011] ScotCS CSIH_27,

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Filed under Scotland

IA, Re Leave To Appeal; SCS 1-Apr-2011

Court: SCS
Date: 01-Apr-2011
Judges: Lady Paton, Lord Clarke, Lord Emslie
Statutes: Nationality, Immigration and Asylum Act 2002 103B
Links: Bailii,
References: [2011] ScotCS CSIH_28, 2011 GWD 14-344, 2011 SLT 706, [2011] CSIH 28

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Filed under Immigration, Scotland

Lilburn -v- Her Majestys Advocate; HCJ 1-Apr-2011

Court: HCJ
Date: 01-Apr-2011
Links: Bailii,
References: [2011] ScotHC HCJAC_39,

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Filed under Crime, Scotland

Crilly, Regina -v-; CCNI 1-Apr-2011

Judgment on trials for kidnapping and false imprisonment.

Court: CCNI
Date: 01-Apr-2011
Judges: McLaughlin J
Links: Bailii,
References: [2011] NICC 15,

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Filed under Crime, Northern Ireland

Arshid -v- Revenue & Customs; FTTTx 10-Feb-2015

FTTTx Income Tax – assessments – late notices of appeal – application refused – Section 49 TMA 1970

Court: FTTTx
Date: 10-Feb-2015
Statutes: Taxes Management Act 1970 49
Links: Bailii,
References: [2015] UKFTT 69 (TC),

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Filed under Income Tax

A Alexander & Son (Electrical) Ltd -v- Revenue & Customs; FTTTx 10-Feb-2015

FTTTx VAT – default surcharge – whether late payment of VAT – Yes – whether reasonable excuse – No – Sections 59 and 71 VATA

Court: FTTTx
Date: 10-Feb-2015
Links: Bailii,
References: [2015] UKFTT 70 (TC),

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Filed under VAT

Perenco Holdings -v- Revenue & Customs; FTTTx 4-Feb-2015

FTTTx VALUE ADDED TAX – input tax – ‘Fleming claim’ – whether input tax previously claimed in respect of services supplied in connection with share issues – documents no longer in existence – jurisdiction of the Tribunal -burden of proof :legal and evidential – appeal allowed in part – issues relating to quantum and jurisdiction adjourned

Court: FTTTx
Date: 04-Feb-2015
Links: Bailii,
References: [2015] UKFTT 65 (TC),

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Filed under VAT

North Berwick Golf Club -v- Revenue & Customs; FTTTx 19-Feb-2015

FTTTx VAT – protective Fleming claims pending outcome of Bridport – late appeal – strike out application – Data Select – City of Aberdeen – lengthy delay but reasonable excuse and prompt expedition when discovered – extension of time granted – strike-out application refused

Court: FTTTx
Date: 19-Feb-2015
Links: Bailii,
References: [2015] UKFTT 82 (TC),

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Filed under VAT

Banerjee -v- Revenue & Customs; FTTTx 19-Feb-2015

FTTTx PROCEDURE – application for adjournment – refused
NATIONAL INSURANCE CONTRIBUTIONS – whether entitled to contribute before became UK resident – no – whether entitled to contribute after reaching retirement age – no – appeal dismissed

Court: FTTTx
Date: 19-Feb-2015
Links: Bailii,
References: [2015] UKFTT 85 (TC),

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Filed under Taxes - Other

Franbar Holdings Ltd -v- Patel and others; ChD 2-Jul-2008

Action allegng breach of shareholders’ agreement.

Court: ChD
Date: 02-Jul-2008
Links: Bailii,
References: [2008] EWHC 1534 (Ch),

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Filed under Company, Contract

Langran -v- Revenue & Customs; VDT 2-Jul-2008

VDT VAT – INPUT TAX – Appellant claimed VAT on legal and professional services connected with a dispute with his former partners following dissolution of the partnership – whether the supplies made to him in a personal capacity or as a partner on behalf of the partnership – Appeal adjourned part heard – directions made seeking clarification of the evidence and further representations on the law.

Court: VDT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKVAT V20729,

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Filed under VAT

(Un-named); NISSCS 2-Jul-2008

Disability Living Allowance

Court: NISSCS
Date: 02-Jul-2008
Links: Bailii,
References: [2008] NISSCSC C11_07_08(IS)

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Filed under Benefits, Northern Ireland

Nicolle and Another -v- Saunders Morgan Harris Ltd; TCC 2-Jul-2008

The parties dispute dthe effect of a contract for the building of a boat.

Court: TCC
Date: 02-Jul-2008
Judges: David Wilcox J
Links: Bailii,
References: [2008] EWHC 1518 (TCC), [2009] PNLR 8

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Filed under Contract, Professional Negligence

F -v- M and Another; FD 2-Jul-2008

Application for return of child to Poland – acquiescence and delay.

Court: FD
Date: 02-Jul-2008
Judges: Black J
Links: Bailii,
References: [2008] EWHC 1525 (Fam),

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Filed under Children

Gurung and Shrestha, Regina (on the Application of) -v- Secretary of State for Defence; Admn 2-Jul-2008

Second challenge to the lawfulness of the Terms and Conditions of Service and the pension arrangements of the Gurkha soldier retired from the British Army.

Court: Admn
Date: 02-Jul-2008
Judges: Ousely J
Links: Bailii,
References: [2008] EWHC 1496 (Admin),
Cited By:

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Filed under Armed Forces, Discrimination

Federation of Tour Operators and Others, Regina (on the Application of) -v- HM Treasury; CA 2-Jul-2008

Appeal against refusal of relief on challenge to introduction of Air Passenger Duty.
Held: The system which did not exempt passengers who had prepaid for their journey did not place an excessive burden on operators. The request failed.

Court: CA
Date: 02-Jul-2008
Judges: Waller LJ, Buxton LJ, Smith LJ
Links: Bailii,
References: [2008] EWCA Civ 752, Times, 28-Aug-2008
Cases Cited:

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Filed under Taxes - Other, Transport

The Secretary of State for The Home Department -v- NA (Pakistan); CA 25-Feb-2015

Whether claimant had retained a right of residence.

Court: CA
Date: 25-Feb-2015
Judges: Lord Dyson MR, Sullivan, Sharp LJJ
Statutes: Directive 2004/38/EC 13(2)
Links: Bailii,
References: [2015] EWCA Civ 140,

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Filed under European, Immigration

Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) -v- Secretary of State for Business, Innovation and Skills; SC 25-Feb-2015

appeal is about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute funds allocated to the United Kingdom for the years 2014 to 2020. The appellants say that they should receive more and other regions correspondingly less.

Court: SC
Date: 25-Feb-2015
Judges: Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Hodge
Links: Bailii,
References: [2015] UKSC 6,

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Filed under European, Local Government

Re DT; CoP 25-Feb-2015

Application by the Public Guardian to revoke and cancel the registration of an Enduring Power of Attorney.
Held: refused

Court: CoP
Date: 25-Feb-2015
Judges: Lush SJ
Links: Bailii,
References: [2015] EWCOP 10,

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Filed under Agency, Health

JSC Bank of Moscow -v- Kekhman and Others; ChD 20-Feb-2015

Appeal by JSC Bank of Moscow against the order giving effect to a judgment annullinga bankruptcy order.

Court: ChD
Date: 20-Feb-2015
Judges: Morgan J
Links: Bailii,
References: [2015] EWHC 396 (Ch),

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Filed under Insolvency

Filmflex Movies Ltd -v- Piksel Ltd; ChD 24-Feb-2015

Court: ChD
Date: 24-Feb-2015
Judges: Rose J
Links: Bailii,
References: [2015] EWHC 426 (Ch),

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Filed under Contract

Chawla -v- Hewlett Packard Ltd; EAT 25-Feb-2015

EAT Disability Discrimination: Reasonable Adjustments
HARASSMENT – Purpose
DIABILITY DISCRIMINATION – Compensation
The Claimant was disabled. The Respondent had a provision criterion or practice of shutting down access to email and internet for employees on long-term sickness absence. The Employment Tribunal held that this substantially disadvantaged the Claimant in that he was not informed about important developments to his terms and conditions of employment and his benefits. They held that the Respondent had failed to make reasonable adjustments in order to communicate with the Claimant. The Employment Tribunal erred in failing to give reasons for making no award for injury to feelings for failing to make reasonable adjustments which would have enabled the Claimant to apply to join a Share Purchase Plan. Further, the Employment Tribunal erred in not including in the calculation of the personal injury award in respect of stress caused by the failure to make the reasonable adjustment of communicating information about the exercise of share options in good time, the period spent in hospital for stress. The Employment Appeal Tribunal increased the award.
Consideration of whether the Employment Tribunal erred in referring to the Respondent’s motive when determining a harassment claim. Richmond Pharmacology Ltd v Dhaliwal [2009] IRLR 336 applied. Observations on the 10% uplift in Simmons v Castle [2013] 1 WLR 1239 not applying to claims for injury to feelings in Employment Tribunals.

Court: EAT
Date: 25-Feb-2015
Judges: Slade DBE J
Links: Bailii,
References: [2015] UKEAT 427_13_2502,

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Filed under Employment

Szmidt -v- AC Produce Imports Ltd; EAT 9-Jan-2015

EAT Jurisdictional Points: Extension of Time: Just and Equitable
Whether time should be extended in respect of a single act of discrimination on racial grounds (found by the Employment Tribunal to have been made out). In refusing to extend time the Employment Tribunal failed to balance prejudice to the Claimant (loss of a valid claim) with prejudice (if any) to the Respondent as part of the exercise of discretion: see British Coal Corporation v Keeble [1997] IRLR 336, paragraph 8. The Claimant’s appeal allowed and point remitted to the same Employment Tribunal for reconsideration in light of the EAT Judgment.

Court: EAT
Date: 09-Jan-2015
Judges: Peter Clark HHJ
Links: Bailii,
References: [2015] UKEAT 0291_14_0901,

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Filed under Discrimination, Employment

Hart -v- St Marys School (Colchester) Ltd; EAT 8-Jan-2015

EAT Unfair Dismissal : Constructive Dismissal
Employment Judge Amin had erred in law by construing the contract of employment as conferring a unilateral power of variation on the employer and a finding that the purported unilateral variation of it by the employer was a repudiatory breach of contract would be substituted; Wandsworth London Borough Council v D’Silva [1998] IRLR 193, Security and Facilities Division v Hayes [2001] IRLR 81 and Bateman v ASDA Stores Ltd [2010] IRLR 370 considered and applied.
The second issue which Employment Judge Amin had to decide was whether the repudiatory breach had been accepted by the resignation and that was a question of causation. If the repudiatory breach was part of the cause of the resignation, then that suffices because the law does not require or call for sole causation or predominant effect; Nottinghamshire County Council v Meikle [2004] IRLR 703, Ford v Abbycars (West Horndon) Ltd [2008] UKEAT/0472/07 and Wright v North Ayrshire Council [2014] IRLR 4. Employment Judge Amin failed to consider either of her alternatives (paragraph 39 – her analysis of the resignation letter and paragraph 40 – the answer in cross examination as to her state of health) from the point of view as to whether purported variation was part of the cause of the resignation as it arguably was in either case. This issue had to be remitted; Jafri v Lincoln College [2014] IRLR 544.

Court: EAT
Date: 08-Jan-2015
Judges: Hand QC HHJ
Links: Bailii,
References: [2015] UKEAT 0305_14_0801,

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Filed under Employment

VA013802014; AIT 3-Nov-2014

Appeal against the decision of First-tier Tribunal dismissing the Appellant’s appeal against the Respondent’s decision to refuse to grant entry clearance to visit the UK to see her husband.

Court: AIT
Date: 03-Nov-2014
Judges: Lewis DUTJ
Links: Bailii,
References: [2014] UKAITUR VA013802014,

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Filed under Immigration

OA132792013; AIT 4-Nov-2014

Appeal, against the decision of the First-tier Tribunal to an appeal against refusal to revoke a deportation order by a citizen of Zimbabwe, born 16 June 1975.

Court: AIT
Date: 04-Nov-2014
Judges: Freeman UTJ
Links: Bailii,
References: [2014] UKAITUR OA132792013,

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Filed under Immigration

AA005362014; AIT 6-Nov-2014

AIT ‘The appellant is a female citizen of Egypt born 28 August 1983. She claimed asylum in October 2013, having arrived in the United Kingdom earlier that month. In a decision letter dated 14 January 2014, the respondent refused her application to asylum and gave directions for her removal. The appellant appealed against that decision.
The appeal came before Judge of the First-Tier Tribunal Harmes sitting at Newport in February 2014. The appellant was not represented, but the respondent was represented by a Presenting Officer. The appellant gave evidence. The refusal letter questioned the credibility of the appellant, but the determination shows that Judge Harmes found the appellant to be credible for the reasons given. Judge Harmes allowed the appeal on asylum and on Articles 2 and 3 ECHR grounds.
The respondent sought leave to appeal alleging that the judge had failed to give reasons or any adequate reasons for findings on material matters. It further alleged that the judge failed to take into account and/or resolve conflicts of facts or opinion.
Specifically it was alleged that the judge had failed to provide adequate reasons for making findings regarding the arrest of the appellant’s husband prior to the overthrow of the Morsi Regime. It is also alleged that the judge failed to give reasons for accepting the appellants claimed membership of the ‘FJP’ and criticises the judge for comments that the respondent had based a decision on a biased view of the evidence.’

Court: AIT
Date: 06-Nov-2014
Judges: Poole UTJ
Links: Bailii,
References: [2014] UKAITUR AA005362014,

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Filed under Immigration

VA113882013; AIT 30-Oct-2014

Court: AIT
Date: 30-Oct-2014
Links: Bailii,
References: [2014] UKAITUR VA113882013,

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Filed under Immigration

TQ Property Lawyers Ltd -v- Revenue & Customs; FTTTx 10-Feb-2015

FTTTx Vat – penalities – default surcharge – reliance on third party- whether reasonable excuse – no – vat act 1994 sections 59 and 71 – whether penalty proportionate – yes – appeal dismissed.

Court: FTTTx
Date: 10-Feb-2015
Links: Bailii,
References: [2015] UKFTT 73 (TC),

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Filed under VAT

DPAS Ltd (No2) -v- Revenue & Customs; FTTTx 9-Feb-2015

FTTTx PROCEDURE – application for stay of appeal against decision refusing repayment pending appeal to Upper Tribunal of decision in principle

Court: FTTTx
Date: 09-Feb-2015
Links: Bailii,
References: [2015] UKFTT 71 (TC),

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Filed under Taxes Management

AA001472012; AIT 11-Nov-2013

Court: AIT
Date: 11-Nov-2013
Links: Bailii,
References: [2013] UKAITUR AA001472012),

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Filed under Immigration

DAa007542013; AIT 22-Oct-2013

Court: AIT
Date: 22-Oct-2013
Links: Bailii,
References: [2013] UKAITUR DA007542013,

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Filed under Immigration

DA004582013; AIT 22-Oct-2013

Court: AIT
Date: 22-Oct-2013
Links: Bailii,
References: [2013] UKAITUR DA004582013,

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Filed under Immigration

DA004322013; AIT 15-Oct-2013

Court: AIT
Date: 15-Oct-2013
Links: Bailii,
References: [2013] UKAITUR DA004322013,

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Filed under Immigration

AA124802011; AIT 15-Oct-2013

Court: AIT
Date: 15-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA124802011),

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Filed under Immigration

AA111312012; AIT 17-Oct-2013

Court: AIT
Date: 17-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA111312012),

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Filed under Immigration

Tredget & Tredget -v- Bexley Health Authority; 1994

(Central London County Court) As a result of the defendant hospital’s negligent management of Mrs Tredget’s labour, her baby was born in a severely asphyxiated state and died two days later. The actual birth of the child with its ‘chaos’ or ‘pandemonium’ was for those immediately and directly involved as each of the parents was frightening and horrifying. The event of the delivery was a powerful factor in contributing to the pathological grief reaction each suffered afterwards.
Held: Each of the plaintiffs had established liability even though full appreciation of the gravity of the child’s condition only came during his short struggle for life in intensive care during the forty-eight hours that followed his birth. It is unrealistic to separate out and isolate the delivery as an event, from the other sequence of happenings from the onset of labour to Callum’s death two days later, as a whole. . . Although lasting for over forty-eight hours from the onset of labour to the death, this effectively was one event. . . The law should be, and in my judgment is, ‘fluid enough’ simply to recognise one type of traumatic event and shut its eyes to another such as that upon which this claim is founded whether or not it is necessary – and in my judgment it is not – to pray in aid the concept of the ‘aftermath.’

Date: 01-Jan-1994
Judges: His Hon. Judge White
References: [1994] 5 Med LR 178,
Cited By:

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Filed under Damages, Personal Injury

Cobbett -v- Wood; 1908

Counsel’s fees having been omitted from the solicitor’s bill as taxed, they could not later be claimed.

Date: 01-Jan-1908
Judges: Sir Gorell Barnes, Farwell LJ
References: [1908] 2 KB 420,
Cited By:

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Filed under Costs, Legal Professions

AA021372014; AIT 6-Nov-2014

AIT ‘The appellant is the Secretary of State for the Home Department . . The respondent is a citizen of Iran . . The Secretary of State has been given permission to appeal the determination of First-Tier Tribunal Judge Adio . . who allowed, on Article 8 human rights grounds, the claimant’s appeal against the Secretary of State’s decision of 12 January 2014 to remove him from the UK pursuant to section 10 of the Immigration and Asylum Act 1999.’

Court: AIT
Date: 06-Nov-2014
Judges: Moulden UTJ
Statutes: Immigration and Asylum Act 1999 10, European Convention on Human Rights 8
Links: Bailii,
References: [2014] UKAITUR AA021372014,

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Filed under Immigration

AA004132014; AIT 6-Nov-2014

The Appellant claimed asylum in the UK. His application for asylum was refused and he was subsequently granted discretionary leave . . [But] the Appellant’s application for further leave to remain in the United Kingdom was refused. The Appellant appealed and the appeal came before the First-tier Tribunal. In a determination the Appellant’s appeal was allowed on asylum grounds and pursuant to Article 3 and Article 8. The Secretary of State now appealed

Court: AIT
Date: 06-Nov-2014
Judges: Harris DUTJ
Links: Bailii,
References: [2014] UKAITUR AA004132014,

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Filed under Human Rights, Immigration

Rex -v- Hollingberry; 1825

The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a defendant to be convicted of one charge after indictment on another, where the second charge was explicitly alleged as part of the first. All the facts charged in the indictment need not be proved; provided the facts proved constituted an offence of which by law the offender might be convicted on the indictment.

Date: 01-Jan-1825
References: (1825) 4 B & C 329, [1825] 6 Dow & Ry 345, [1825] 107 ER 1081
Cited By:

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Filed under Crime, Criminal Practice

AI (Jehovah

Appeal against a determination dismissing is appeal against the decision refusing to grant leave to enter on asylum grounds.

Court: AIT
Date: 03-Jun-2004
Judges: Dr H H Storey (Chairman)
Links: Bailii,
References: [2004] UKIAT 00147,

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Filed under Immigration

Levy -v- Levy; 9-Nov-1979

The court was prepared to use the nomination ‘John Doe’ to identify an individual whose name was not known to the court.

Date: 09-Nov-1979
References: Unreported 9th November 1979
Cited By:

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Filed under Litigation Practice

Shaw -v- Groom; 1970

The landlord unlawfully failed to supply a rent book, and the tenant denied a liability to pay rent because of his illegality.
Held: Where one party carries out a lawful contract, but in an unlawful manner, the lawful contract remains enforceable. The absence of a rent book did not prevent the enforcement of a contract for the payment of rent as the court held the provision of a rent book, though required by law, was a collateral matter which did not affect the enforceability of the contract.

Date: 01-Jan-1970
References: [1970] 2 QB 504,
Cited By:

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Filed under Contract, Landlord and Tenant

Liverpool City Council -v- Attorney General; 15-May-1992

Land had been given to the local authority ‘for use as a recreation ground and for no other purpose’ The Attorney-General sought to oblige the authority to maintain it as such.
Held: The form of gift was not charitable, and no obligation to maintain it was created. Even if the authority had allowed creation of a charitable trust, only the original donor could enforce that trust, and not the Attorney-General.

Date: 15-May-1992
References: Unreported, 15 May 1992, Times, 01-May-1992
Cases Cited:
Cited By:

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Filed under Charity, Land

Colquhouns Curator Bonis -v- Glens Trustee,; 1920

A feu contract provided that a house should be used for residential purposes only. The tenant of the house used two rooms to conduct a school for young children, and the superior brought an action to interdict such use of the house.
Held: Positive steps would clearly require to be taken by the tenant to cease occupying the premises for the purposes of a school. Interdict was granted,

Date: 01-Jan-1920
References: 1920 SC 737,
Cited By:

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Filed under Land, Scotland

Perry -v- Thomas Wrigley Ltd; 1955

A trench dug in a road for its repair did not count as an allurement for passing children.

Date: 01-Jan-1955
References: [1955] 3 All ER 243, [1955] 1 WLR 1164
Cited By:

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Filed under Land, Negligence

Wucher Helicopter And Euro-Aviation Versicherung -v- Fridolin Santer; ECJ 26-Feb-2015

ECJ Judgment – References for a preliminary ruling – Regulation (EC) No 785/2004 – Air carriers and aircraft operators – Insurance – Requirements – Definitions of ‘passenger’ and ‘member of the crew’ – Helicopter – Carriage of an expert in the blasting of avalanches using explosives – Injury suffered during a work flight – Compensation

Court: ECJ
Date: 26-Feb-2015
Judges: A. Tizzano, P
Statutes: Regulation (EC) No 785/2004
Links: Bailii,
References: C-6/14, [2015] EUECJ C-6/14, ECLI:EU:C:2015:122

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Filed under European, Personal Injury, Transport

Spa Monopole -v- OHMI – Olivar Del Desierto (Oleospa); ECFI 27-Feb-2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark OLEOSPA – Earlier word marks Benelux SPA – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

Court: ECFI
Date: 27-Feb-2015
Judges: ME Martins Ribeiro, P
Statutes: Regulation (EC) No 207/2009
Links: Bailii,
References: T-377/12, [2015] EUECJ T-377/12, ECLI: EU: T: 2015 121

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Filed under European, Intellectual Property

Shepherd -v- Bundesrepublik Deutschland; ECJ 26-Feb-2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Asylum – Directive 2004/83/EC – Article 9(2)(b), (c), and (e) – Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees – Conditions for obtaining refugee status – Acts of persecution – Criminal penalties for a member of the armed forces of the United States for refusing to serve in Iraq

Court: ECJ
Date: 26-Feb-2015
Judges: R. Silva de Lapuerta, P
Links: Bailii,
References: ECLI:EU:C:2015:117, C-472/13, [2015] EUECJ C-472/13

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Filed under European

Planet -v- Commission; ECJ 26-Feb-2015

ECJ Judgment – Appeals – Article 340, first paragraph, TFEU – Contractual liability of the European Union – Article 272 TFEU – Arbitration clause – Sixth framework programme for research, technological development and demonstration activities – Contracts relating to the Ontogov, FIT and RACWeb projects – Eligible costs and amounts advanced by the Commission – Declaratory action – No vested and current interest in bringing proceedings

Court: ECJ
Date: 26-Feb-2015
Judges: T. von Danwitz, P
Statutes: TFEU 272
Links: Bailii,
References: ECLI:EU:C:2015:124, C-564/13, [2015] EUECJ C-564/13

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Filed under European

Matei -v- SC Volksbank Romania SA; ECJ 26-Feb-2015

Judgment – Directive 93/13/EEC – Unfair terms in contracts concluded between a seller or supplier and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they are in plain intelligible language – Terms including a ‘risk charge’ charged by the lender and authorising it, under certain conditions, unilaterally to alter the interest rate

Court: ECJ
Date: 26-Feb-2015
Judges: K. Jurimae, P
Statutes: Directive 93/13/EEC 4(2)
Links: Bailii,
References: ECLI:EU:C:2015:127, C-143/13, [2015] EUECJ C-143/13

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Filed under Consumer, European

In Re Gilmartin (A Bankrupt); 1989

A petitioning creditor is: ‘entitled to be paid his debt in full on the hearing of a petition unless it is adjourned on the ground that there is a reasonable prospect of him being paid within a reasonable time’

Date: 01-Jan-1989
Judges: Harman J
References: [1989] 1 WLR 513,
Cited By:

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Filed under Insolvency

Taylorson -v- Shieldness Produce Ltd; 1994

A fourteen year old boy died three days after he had been crushed by a reversing vehicle. The appellants were informed of the accident soon after it occurred and went to the hospital. The boy was seen in the ambulance and as he was rushed to the Intensive Care Unit the parents stayed with their son during the two days he was on the life support machine and saw him grievously injured. When there was no significant improvement the father bravely took upon himself the task of switching off the life support machine. The parents’ claim failed.
Held: The appeal failed.The mother had a dawning consciousness that they were going to lose their son and he declined to extend the notion of proximity to this ‘elongated process’. The court rejected the argument that the post-accident treatment continued up to the time of this boy’s death. Moreover on the medical evidence the real psychiatric damage resulted from grief at their son’s death and the parents’ illnesses were not shown to have been caused by the shocking events relied upon.

Date: 01-Jan-1994
References: [1994] PIQR 329,
Cited By:

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Filed under Damages, Personal Injury

Universal Utility International -v- OHIM (Greenworld); ECFI 27-Feb-2015

ECJ Judgment – Community trade mark – Application for Community word mark Greenworld – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

Court: ECFI
Date: 27-Feb-2015
Statutes: Regulation (EC) No 207/2009
Links: Bailii,
References: T-106/14, [2015] EUECJ T-106/14, ECLI: EU: T: 2015

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Filed under European, Intellectual Property

Phestos Shipping Company Limited -v- Kurmiawan; 1983

In the course of an industrial dispute between the crew of a vessel and its owners, the crew occupied the vessel and refused to move. The owners sought interdict and interim interdict against the crew from ‘continuing in occupation and possession of, and remaining on board and trespassing on the motor vessel Bulk Trader presently lying at Leith or any deck or any compartment thereof’. Compliance with an interdict in those terms would obviously require the crew to take the positive step of removing themselves from the ship. Interim interdict was granted by the Second Division, although the competency of the order was not argued. An interdict is available ‘if there is an unlawful act or proceeding threatened or still taking place and not yet completed’. If an act or proceeding is ‘continuing’, or ‘still taking place’, it must obviously have been completed to some extent, in that a wrong has already been done to the pursuer.

Date: 01-Jan-1983
Judges: Lord Clyde
References: 1983 SLT 388,
Cited By:

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Filed under Litigation Practice, Scotland

Jacques -v- AUEW; 1987

Warner J said: ‘The effect of the authorities may I think be summarised by saying that the rules of a trade union are not to be construed literally or like a statute, but so as to give them a reasonable interpretation which accords with what in the court’s view they must have been intended to mean, bearing in mind their authorship, their purpose and the readership to which they are addressed.’

Date: 01-Jan-1987
Judges: Warner J
References: [1987] 1 All ER 621,
Cited By:

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Filed under Contract, Employment

Moulton -v- Poulter; CA 1930

The defendant land owner and occupier knew of the presence of the trespassing children.
Held: He was liable for injury to the trespassing child by a tree was felled negligently. The defendant had: ‘cut the last root by which the tree was supported, knowing that the tree would fall in about two minutes and that children were standing round, without giving any warning. It has been found by the County Court Judge that the defendant in so behaving was negligent, and that the injury suffered by the plaintiff was due to that negligence. The case may, I think, be compared to one in which, while blasting operations are going on and people are standing round, a man engaged in the work fires a blast without giving any previous warning. It seems to me that the man firing the blast would clearly be guilty of a breach of duty to these people even though they were trespassers, because he would have done an act which might do them an injury and would have done it without warning. In a case such as that the person who is about to do a dangerous act is under a duty to warn even trespassers.’

Court: CA
Date: 01-Jan-1930
Judges: Scrutton LJ
References: [1930] 2 KB 183,
Cited By:

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Filed under Negligence, Personal Injuryn

AA099222012 and Others; AIT 22-Oct-2013

Court: AIT
Date: 22-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA099222012),

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Filed under Immigration

AA073092011; AIT 11-Oct-2013

Court: AIT
Date: 11-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA073092011),

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AA063272011 & AA063322011; AIT 22-Oct-2013

Court: AIT
Date: 22-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA063272011),

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Filed under Immigration

AA059512012; AIT 15-Oct-2013

Court: AIT
Date: 15-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA059512012),

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Filed under Immigration

AA028812012; AIT 21-Oct-2013

Court: AIT
Date: 21-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA028812012),

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Filed under Immigration

AA027762012; AIT 21-Oct-2013

Court: AIT
Date: 21-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA027762012),

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Filed under Immigration

IA119142013; AIT 11-Oct-2013

Court: AIT
Date: 11-Oct-2013
Links: Bailii,
References: [2013] UKAITUR IA119142013,

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Filed under Immigration

IA047882012; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR IA047882012),

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Filed under Immigration

AA104712008; AIT 7-Oct-2013

Court: AIT
Date: 07-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA104712008,

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Filed under Immigration

AA099882012 and Others; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA099882012),

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Filed under Immigration

AA064242013; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA064242013,

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Filed under Immigration

AA052092013; AIT 7-Oct-2013

Court: AIT
Date: 07-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA052092013,

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Filed under Immigration

AA049312013; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA049312013,

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Filed under Immigration

AA047032013; AIT 7-Oct-2013

Court: AIT
Date: 07-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA047032013,

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Filed under Immigration

AA046362013; AIT 8-Oct-2013

Court: AIT
Date: 08-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA046362013,

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Filed under Immigration

AA044592013; AIT 9-Oct-2013

Court: AIT
Date: 09-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA044592013,

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Filed under Immigration

AA034742009; AIT 7-Oct-2013

Court: AIT
Date: 07-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA034742009,

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Filed under Immigration

AA033612013; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA033612013,

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Filed under Immigration

AA029182013; AIT 9-Oct-2013

Court: AIT
Date: 09-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA029182013,

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Filed under Immigration

AA025412012; AIT 10-Oct-2013

Court: AIT
Date: 10-Oct-2013
Links: Bailii,
References: [2013] UKAITUR AA025412012),

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Filed under Immigration

OA434802006 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR OA434802006,

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Filed under Immigration

OA222072007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR OA222072007,

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Filed under Immigration

IA162602007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR IA162602007,

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Filed under Immigration

IA021352008 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR IA021352008,

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Filed under Immigration

AA121342007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR AA121342007,

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Filed under Immigration

AA113462007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR AA113462007,

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Filed under Immigration

AA094922007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR AA094922007,

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Filed under Immigration

AA085912007 (Unreported); AIT 2-Jul-2008

Court: AIT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] UKAITUR AA085912007,

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Filed under Immigration

HX370012001 (Unreported); AIT 5-Jun-2003

Court: AIT
Date: 05-Jun-2003
Links: Bailii,
References: [2003] UKAITUR HX370012001,

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Filed under Immigration

Case LXXXVII 10 Co 130, Osbornes Case Damages, Fanx Latin, Anglice, Count Hardr 41 Cr Jac 665; 1220

A. brings an action on the case against B. and counts that B. took from him several goods, and mentions them & inter alia fulcrum lecti, Anglice a tester of a bed with curtains of say; upon not guilty pleaded, a verdict is found for the plainitiff, and entire damages given : arid well. For Anglice will serve : especially where there is no Latin word obvious to signify it : as in this case, there is no Latin word for a tester of a bed.
But where an obvious word occurs, because that by law, viz. by the statute of 36 E, 3, all pleas ought to be irtrolled in Latin, an Anglice will riot serve ; lest the divine science of the law should be prophaned by bararisms . Thus, in trespass pro captione & abductions unius Cornetti ; Anglice, an ox, this is faulty ; for bos is an obvious word for it.

Date: 01-Jan-1220
Links: Commonlii,
References: [1220] EngR 47, (1220-1623) Jenk 270, (1220) 145 ER 194 (A)

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Filed under Litigation Practice

Comic Enterprises Ltd -v- Twentieth Century Fox Film Corp; PCC 22-Mar-2012

Court: PCC
Date: 22-Mar-2012
Links: Bailii,
References: [2012] EWPCC 13,

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Filed under Intellectual Property

Twentieth Century Fox Film Corporation and Others -v- British Telecommunications Plc (2); ChD 26-Oct-2011

The claimant copyright holder sought an order requiring the defendant to restrain access to a website which they said infringed its copyrights.
Held: The court set out the terms of the order made.

Court: ChD
Date: 26-Oct-2011
Judges: Arnold J
Statutes: Copyright, Designs and Patents Act 1988 28A
Links: Bailii,
References: [2011] EWHC 2714 (Ch),
Cases Cited:

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Filed under Intellectual Property

1A Inglis Road – Croydon : London; LVT 2-Jul-2008

LVT Houses/Flats – Enfranchisement, Lease Extensions & Compensation for Loss

Court: LVT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] EWLVT LON_LV_HEL_00AH_0

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Filed under Landlord and Tenant

Emslie and Scottish Ministers; SIC 2-Jul-2008

Correspondence and other information held by Communities Scotland
Mr David Emslie (Mr Emslie) made two separate sets of information requests seeking a wide range of information from Communities Scotland, which was at that time was an agency of the Scottish Government. These requests are reproduced in Appendix 2 of this decision.
Communities Scotland responded to the first set of requests by stating that it had already supplied much of this information to Mr Emslie and to supply the remainder would exceed the prescribed limit of £600 set out in the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 (the Fees Regulations). Mr Emslie asked Communities Scotland to review its decision.
Following telephone discussions with Mr Emslie, during which Communities Scotland understood Mr Emslie to have narrowed his information request, it carried out a review and, as a result, notified Mr Emslie that all material had already been supplied to Mr Emslie and there was no further releasable material.
In responding to the second set of requests, Communities Scotland also understood discussions with Mr Emslie to have narrowed the scope of his requests. It again stated that all releasable information had been supplied. This response was reiterated following an internal review. However, at this stage, Communities Scotland also claimed that Mr Emslie’s second set of requests were vexatious in terms of section 14(1) of FOISA.
Mr Emslie remained dissatisfied with Communities Scotland’s responses and applied to the Commissioner for a decision. Following an investigation, the Commissioner found that Communities
Scotland would have been entitled to refuse to comply with both sets of Mr Emslie’s information requests since they were vexatious in terms of section 14(1) of FOISA.
However, the Commissioner found that Communities Scotland had failed to respond to Mr Emslie’s two requests for review within the 20 working day timescale set out in section 21(1) of FOISA and accordingly had not dealt with the requests in accordance with Part 1 of FOISA. He did not require Communities Scotland to take any action in relation to these breaches of FOISA.

Court: SIC
Date: 02-Jul-2008
Links: Bailii,
References: [2008] ScotIC 074_2008,

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Filed under Information, Scotland

Ashoka -v- OHMI; ECFI 2-Jul-2008

ECJ Community trade mark Application for Community word mark DREAM IT, DO IT! Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94

Court: ECFI
Date: 02-Jul-2008
Judges: M. Vilaras (Rapporteur), P
Statutes: Regulation (EC) No 40/94 7(1)(b)
Links: Bailii,
References: T-186/07, [2008] EUECJ T-186/07, [2008] ETMR 70

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Filed under European, Intellectual Property

Lee and Another, Regina -v-; CACD 2-Jul-2008

Appeal against sentences of five years nine months’ imprisonment imposed on each apellant following their conviction on a count of conspiracy to defraud.
Held: This was in our judgment a case involving a degree of breach of trust, taking advantage of the relationship built up with the bank, and: ‘ the sentences were not in any way excessive but were amply justified for this offence on conviction after trial, even when all due allowance is made for the various matters pressed on us by counsel, both in the oral submissions and in their written submissions, to which we refer simply to indicate that we have taken due account also of matters of personal mitigation which have not been the main focus of the oral submissions before us this morning.’

Court: CACD
Date: 02-Jul-2008
Judges: Richards LJ, Goldring, Akenhead JJ
Links: Bailii,
References: [2008] EWCA Crim 1797, [2009] 1 Cr App R (S) 67

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Filed under Criminal Sentencing

Olajide, Regina -v-; CACD 2-Jul-2008

Appeal against sentence of 10 months imprisonment imposed on conviction for use of a false identity document.

Court: CACD
Date: 02-Jul-2008
Judges: Richards LJ, Goldring, Akenhead JJ
Links: Bailii,
References: [2008] EWCA Crim 1655,

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Filed under Criminal Sentencing

McCarry, Regina -v-; CACD 2-Jul-2008

Court: CACD
Date: 02-Jul-2008
Judges: Maurice Kay LJ, Cox DBE J
Links: Bailii,
References: [2008] EWCA Crim 1587,

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Filed under Criminal Sentencing

Anglo Continental Educational Group (GB) Ltd -v- Capital Homes (Southern) Ltd; ChD 2-Jul-2008

The parties disputed the effect of clauses in a contract for the sale of land.

Court: ChD
Date: 02-Jul-2008
Judges: David Donaldson QC DHCJ
Links: Bailii,
References: [2008] EWHC 2201 (Ch), [2008] 3 EGLR 96, [2008] 46 EG 116, [2008] 27 EG 117

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Filed under Land