HX067172003 (Unreported); AIT 25-Feb-2004

Court: AIT
Date: 25-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX067172003,

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Filed under Immigration

HX066782003 (Unreported); AIT 24-Feb-2004

Court: AIT
Date: 24-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX066782003,

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Filed under Immigration

HX065242003 (Unreported); AIT 25-Feb-2004

Court: AIT
Date: 25-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX065242003,

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Filed under Immigration

HX063032003 (Unreported); AIT 25-Feb-2004

Court: AIT
Date: 25-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX063032003,

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Filed under Immigration

HX060062003 (Unreported); AIT 26-Feb-2004

Court: AIT
Date: 26-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX060062003,

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Filed under Immigration

HX034722003 (Unreported); AIT 23-Feb-2004

Court: AIT
Date: 23-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX034722003,

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Filed under Immigration

HX028872003 (Unreported); AIT 20-Feb-2004

Court: AIT
Date: 20-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX028872003,

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Filed under Immigration

HX009292003 (Unreported); AIT 20-Feb-2004

Court: AIT
Date: 20-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HX009292003,

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Filed under Immigration

HR152712003 (Unreported); AIT 24-Feb-2004

Court: AIT
Date: 24-Feb-2004
Links: Bailii,
References: [2004] UKAITUR HR152712003,

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Filed under Immigration

CC563872002 (Unreported); AIT 25-Feb-2004

Court: AIT
Date: 25-Feb-2004
Links: Bailii,
References: [2004] UKAITUR CC563872002,

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Filed under Immigration

CC265422003 (Unreported); AIT 24-Feb-2004

Court: AIT
Date: 24-Feb-2004
Links: Bailii,
References: [2004] UKAITUR CC265422003,

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Filed under Immigration

TH336552001 (Unreported); AIT 3-Dec-2003

Court: AIT
Date: 03-Dec-2003
Links: Bailii,
References: [2003] UKAITUR TH336552001,

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Filed under Immigration

Suares Amaro Da Costa -v- Eurostock Foods Ni Ltd; NIIT 20-Jan-2012

NIIT It is the unanimous decision of the tribunal that the dismissal of the claimant was unfair both on statutory procedural grounds and general procedural grounds. However, the tribunal also considered that there was very little chance that the claimant would have been retained in employment even had the full statutory procedures been observed. Accordingly, the tribunal has assigned a deduction of 95% from the compensation to be paid to the claimant to reflect that there was a very small chance that she would have been retained in employment, with a further deduction of 95% in respect of her contributory fault. The tribunal noted that the claimant’s claim was not received pursuant to Article 145(2)a before the end of the period of three months beginning with the effective date of termination, but found that it was received within a further period that the tribunal considered reasonable being satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of three months. The respondent is ordered to pay the claimant £974.70 in compensation.

Court: NIIT
Date: 20-Jan-2012
Links: Bailii,
References: [2012] NIIT 02872_10IT,

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Filed under Employment, Northern Ireland

Mullan -v- Western Health & Social Care T Western Health & Social Care T; NIIT 20-Jan-2012

The claimant’s claims of disability discrimination (direct discrimination, disability-related discrimination, failure to make reasonable adjustments), unfair dismissal, breach of contract and unlawful deductions from wages are dismissed.

Court: NIIT
Date: 20-Jan-2012
Links: Bailii,
References: [2012] NIIT 02451_10IT,

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Filed under Employment, Northern Ireland

De Souza Ribeiro -v- France; ECHR 13-Dec-2012

Court: ECHR
Date: 13-Dec-2012
Statutes: European Convention on Human Rights
Links: Bailii,
References: 22689/07 - HEJUD, [2012] ECHR 2066

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Filed under Human Rights

Flat 8 103 Cobourg Road – Southwark : London (Service Charges); LVT 19-Oct-2011

LVT Service Charges

Court: LVT
Date: 19-Oct-2011
Links: Bailii,
References: [2011] EWLVT LON_LV_SVC_00BE_0

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Filed under Landlord and Tenant

Flat 11B Hetley Road – Hammersmith and Fulham : London (Flats – Enfranchisement & New Leases); LVT 19-Oct-2011

LVT Flats – Enfranchisement & New Leases

Court: LVT
Date: 19-Oct-2011
Links: Bailii,
References: [2011] EWLVT LON_LV_NFE_00AN_0

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Filed under Landlord and Tenant

Fat Trap (Trade Mark: Invalidity); IPO 19-Oct-2011

IPO Trade Mark: Invalidity

Court: IPO
Date: 19-Oct-2011
Links: Bailii,
References: [2011] UKIntelP o35911,

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Filed under Intellectual Property

Carz (Trade Mark: Opposition); IPO 19-Oct-2011

Trade Mark: Opposition

Court: IPO
Date: 19-Oct-2011
Links: Bailii,
References: [2011] UKIntelP o35711,

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Filed under Intellectual Property

Aylett -v- O Hara (Valuation Officer); UTLC 19-Oct-2011

UTLC RATING – rateable property – domestic premises – riverside garden with summer-house – remote from occupiers’ dwellings Local Government Finance Act 1988 s 66(1)(a), (b) and (d) – held no part of the property fell within any of these paras – appeal dismissed.

Court: UTLC
Date: 19-Oct-2011
Links: Bailii,
References: [2011] UKUT 418 (LC),

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Filed under Rating

Flat B 22 Kendoa Road – Lambeth : London (Service Charges); LVT 19-Oct-2011

LVT Service Charges

Court: LVT
Date: 19-Oct-2011
Links: Bailii,
References: [2011] EWLVT LON_LV_SVC_00AY_0

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Filed under Landlord and Tenant

Great Northern Railways -v- Avon Insurance; 2001

A court may rely on post-contract correspondence when one has to determine what the terms of a contract are (rather than what those terms mean).

Date: 01-Jan-2001
References: [2001] 2 Lloyd's Rep 649 (?)
Cited By:

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Filed under Contract

Mark: GALAXY 101; TMR 31-Dec-2004

IPO Opposition.

Court: TMR
Date: 31-Dec-2004
Judges: Mr D Landau
Links: IPO,
References: 2160580A, 2199417A,

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Filed under Intellectual Property

Holder -v- The Law Society; CA 24-Jan-2003

The solicitor had sought an order to have set aside the Society’s intervention in his legal practice. His claim had been dismissed after considerable delay, but re-instated on appeal. The Society now appealed against the re-instatement. There had been default’s on his client account.
Held: The Society’s appeal succeeded.

Court: CA
Date: 24-Jan-2003
Judges: Aldous, Carnwath LJJ, Sir Christopher Staunton
Links: Bailii,
References: [2003] EWCA Civ 39, [2003] 1 WLR 1059
Cited By:

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Filed under Legal Professions

Cadogan & and Another -v- Escada Ag and others; ChD 23-Jan-2006

The parties disputed the interpretation of a rent review clause, with an alternative claim for rectification.

Court: ChD
Date: 23-Jan-2006
Judges: David Mackie QC
Links: Bailii,
References: [2006] EWHC 78 (Ch),

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Filed under Landlord and Tenant

Hussain -v- Kings College Hospital NHS Trust; EAT 27-Nov-2001

EAT Race Discrimination – Inferring Discrimination

Court: EAT
Date: 27-Nov-2001
Judges: The Honourable Mr Justice Maurice Kay
Links: Bailii, EAT,
References: EAT/1345/01, [2001] UKEAT 1345_01_2711

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Filed under Discrimination, Employment

King -v- Milton Keynes General NHS Trust; SCCO 13-May-2004

The parties disputed the liability of the defendant health authority to pay the legal costs of the attendance of the claimant’s solicitor at the inquest after the successful professional negligence claim.

Court: SCCO
Date: 13-May-2004
Judges: Master Gordon-Saker
Links: Bailii,
References: [2004] EWHC 9007 (Costs),

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Filed under Coroners, Costs

Clarkson -v- Gilbert and others; CA 1-May-2001

Application for permission to appeal by the claimant against a decision which effectively precludes her from continuing with her proceedings against 19 named defendants who were members with her of the Gestalt Psychotherapy Training Institute at the relevant time.

Court: CA
Date: 01-May-2001
Judges: Latham LJ
Links: Bailii,
References: [2001] EWCA Civ 766,

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Filed under Company, Litigation Practice

Acer Investment Management Ltd and Another -v- The Mansion Group Ltd; QBD 17-Sep-2014

Claim for unpaid commission and damages.

Court: QBD
Date: 17-Sep-2014
Judges: Elisabeth Laing J
Links: Bailii,
References: [2014] EWHC 3011 (QB),

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Filed under Contract

Virgin Media Ltd, Regina (on The Application of) -v- Zinga; CACD 11-Sep-2014

Virgin had successfully taken a private prosecution against the defendants for copyright infringement. They sought an order for their costs to be paid from central funds. On taking confiscation proceedings, costs were now sought against the defendants. The court was asked what rates should apply.

Court: CACD
Date: 11-Sep-2014
Judges: Sir John Thomas LCJ, Raffrty LJ, Holroyde J
Statutes: Prosecution of Offences Act 1985 17, Costs in Criminal Cases (General) Regulations 1986
Links: Bailii,
References: [2014] EWCA Crim 1823,
Cases Cited:

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Filed under Costs, Criminal Practice

Eidarous and Abdelbary -v- Governor of HM Prison Brixton and others (2); QBD 2-May-2001

The applicants requested writs of habeas corpus as part of relief from extradition proceedings.

Court: QBD
Date: 02-May-2001
Judges: Kennedy LJ, Garland J
Links: Bailii,
References: [2001] EWHC QB 426,

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Filed under Extradition

Clark, Regina (on the Application of) -v- Bracknell Forest Borough Council; Admn 1-Dec-2003

Court: Admn
Date: 01-Dec-2003
Links: Bailii,
References: [2003] EWHC 3095 (Admin),

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Filed under Rating

McLellan -v- Bracknell Forest Borough Council; Reigate Borough Council -v- Benfield and Another; CA 16-Oct-2001

The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from anti-social and non-paying tenants. Additional procedural safeguards had been provided and gave adequate protection to the tenant.
Waller LJ considered the duties of a council under the introductory tenancy scheme: ‘If the council in providing reasons alleges acts constituting nuisance, and if the allegations themselves are disputed, that at first sight seems to raise issues of fact. But under the introductory tenancy scheme it is not a requirement that the council should be satisfied that the breaches of the tenancy agreement have in fact taken place. The right question under the scheme will be whether in the context of allegation and counter-allegation it was reasonable for the council to take a decision to proceed with termination of the introductory tenancy.’

Court: CA
Date: 16-Oct-2001
Judges: Lord Justice Waller, Lord Justice Latham, And Lord Justice Kay
Statutes: European Convention on Human Rights 8.1
Links: Bailii,
References: Gazette, 29-Nov-2001, Times, 03-Dec-2001, [2001] EWCA Civ 1510, [2002] QB 1129, [2002] LGR 191
Cases Cited:
Cited By:

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Filed under Housing, Human Rights

Wahlstrom -v- Frontex; ECJ 17-Sep-2014

ECJ Judgment – Civil service – Frontex staff – Temporary staff – Non-renewal of a fixed term contract – Renewal procedure – Article 41(2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Infringement – Influence on the content of the decision

Court: ECJ
Date: 17-Sep-2014
Links: Bailii,
References: F-117/13, [2014] EUECJ F-117/13

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Filed under European

Rutgers Germany And Others -v- European Chemicals Agency; ECJ 4-Sep-2014

ECJ Order Of The Court – Appeals – Article 181 of the Rules of Procedure of the Court – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 59 and Annex XIII – Identification of anthracene oil (anthracene paste) as a substance of very high concern, to be made subject to the authorisation procedure – Equal treatment

Court: ECJ
Date: 04-Sep-2014
Statutes: Regulation (EC) No 1907/2006
Links: Bailii,
References: C-290/13, [2014] EUECJ C-290/13_CO

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Filed under European

Rutgers Germany And Others -v- European Chemicals Agency; ECJ 4-Sep-2014

ECJ Appeals – Article 181 of the Rules of Procedure of the Court – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 59 and Annex XIII – Identification of anthracene oil as a substance of very high concern, to be made subject to the authorisation procedure – Equal treatment)

Court: ECJ
Date: 04-Sep-2014
Links: Bailii,
References: C-288/13, [2014] EUECJ C-288/13_CO

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Parva Investitsionna Banka And Others -v- Ear Proparti Developmant – v nesastoyatelnost; ECJ 9-Sep-2014

ECJ Order Of The Court – Reference for a preliminary ruling – Regulation (EC) No 1896/2006 – Definition of ‘uncontested pecuniary claims’ – Insolvency proceedings – Extra-judicial enforcement order relating to a contested claim – Claim for payment out of the insolvency estate, on the basis of such an enforcement order – Situation falling outside the scope of Regulation No 1896/2006 – Court clearly lacking jurisdiction

Court: ECJ
Date: 09-Sep-2014
Statutes: Regulation (EC) No 1896/2006
Links: Bailii,
References: C-488/13, [2014] EUECJ C-488/13_CO

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Filed under European, Insolvency

Metropolis Inmobiliarias Y Restauraciones -v- OHIM; ECJ 4-Sep-2014

ECJ Order Of The Court – Appeal – Community trade mark – Regulation (EC) No 40/94 – Application for registration of the figurative mark containing the word element ‘METRO’ in the blue and yellow colors – Opposition by the proprietor of the Community figurative mark in color with the verbal element ‘GRUPOMETROPOLIS’ – Opposition rejected ‘

Court: ECJ
Date: 04-Sep-2014
Links: Bailii,
References: C-509/13, [2014] EUECJ C-509/13_CO

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Filed under European, Intellectual Property

Morgan & Son Ltd -v- S Martin Johnson & Co Ltd; CA 1949

Cohen LJ considered the appropriateness of a claim for a set-off: ‘Before the Judicature Act, such claims were very often enforced by injunction, but it is plain from section 41 that an injunction would not be the appropriate way of giving effect to a set-off now and that effect should be given to it, under Section 38, as an equitable defence if so pleaded.’

Court: CA
Date: 01-Jan-1949
Judges: Cohen LJ
References: [1949] 1 KB 107,
Cited By:

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Filed under Landlord and Tenant

Bentley -v- Jones Harris & Co; CA 1-May-2001

The judge below acceded to a submission of no case to answer without putting the defendant to his election.
Held: ‘At the time of this trial it was, it seems, common ground between counsel for both parties and the judge that under the CPR there was no need for a party making a submission of no case to answer to be put to his election. This has now been clarified by this Court in Boyce -v- Wyatt Engineering and Others [2001] EWCA 692 per Mance LJ, so that certain limits are set on that proposition. But it is clear that on the basis of the learned judge’s judgment he concluded that in this case, in the light of the evidence given by the claimant, nothing in the defendants’ evidence could affect the view he had taken (see per Mance LJ at para 5 and the learned judge’s judgment at p.15D-F). In any event, the question of further evidence from the defendants never arose because the learned judge found that there was no case to answer. We have to decide whether that conclusion was right.’

Court: CA
Date: 01-May-2001
Judges: Burton J
Links: Bailii,
References: [2001] EWCA Civ 1724, [2001] EWCA Civ 692
Cases Cited:
Cited By:

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Filed under Litigation Practice

HT -v- Land Baden-Wurttemberg; ECJ 11-Sep-2014

ecj Advocate General’s Opinion – Area of freedom, security and justice – Asylum and immigration – Rules on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees and the content of the protection granted – Revocation of a residence permit under Article 24(1) of Directive 2004/83/EC – Conditions – Concept of compelling reasons of national security or public order – Participation of a recognised refugee in the activities of a terrorist organisation

Court: ECJ
Date: 11-Sep-2014
Judges: Sharpston AG
Statutes: Directive 2004/83/EC 24(1)
Links: Bailii,
References: C-373/13, [2014] EUECJ C-373/13_O

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Filed under Crime, European, Immigration

Staatssecretaris van Financien -v- Schoenimport Italmoda Mariano Previti; ECJ 11-Sep-2014

ECJ Advocate General’s Opinion – VAT – Transitional arrangements for trade between Member States – Goods dispatched or transported within the European Union – Fraud in the Member State of arrival – Consideration of fraud in the exporting Member State – Exemption ‘

Court: ECJ
Date: 11-Sep-2014
Judges: M Maciej Szpunar
Links: Bailii,
References: C-131/13, [2014] EUECJ C-131/13_O

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Filed under European, VAT

Hejduk -v- EnergieAgentur.NRW GmbH; ECJ 11-Sep-2014

ECJ Advocate General’s Opinion – Area of ??Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, paragraph 3 – Jurisdiction ‘delict or quasi-delict’ – Historic Copyright – Criteria for determining the place where the damage occurred – – posted on the Internet Content Damage ‘relocated’ ‘

Court: ECJ
Date: 11-Sep-2014
Judges: MP Cruz Villalon AG
Links: Bailii,
References: C-441/13, [2014] EUECJ C-441/13_O

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Filed under European

Puida -v- TLC Recycling Ltd, Reed and Collins; NIIT 21-Aug-2013

The tribunal finds, and so declares, the claimant’s claim against the first respondent for unauthorised deductions from his wages is well-founded and orders the first respondent to pay to the claimant the sum of £3,200.00, being the amount of the said deductions.

Court: NIIT
Date: 21-Aug-2013
Links: Bailii,
References: [2013] NIIT 00590_13IT,

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Filed under Employment, Northern Ireland

Adams -v- Bracknell Forest Borough Council; CA 6-May-2003

The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the claim.
Held: Given undiagnosed dysexia, it was unlikely that he would seek help. The fact that the condition also resulted in a low self esteem should properly be taken into account in deciding whether he should have realised his cause of action. Each case fell to be decided on its own facts, but the claimant’s state of mind precluded a simple question of whether he should have sought damages earlier.

Court: CA
Date: 06-May-2003
Judges: Peter Gibson, Tuckey, Keene LJJ
Statutes: Limitation Act 1980 14
Links: Bailii,
References: Times, 14-May-2003, [2003] EWCA Civ 706, Gazette, 03-Jul-2003
Cases Cited:
Cited By:

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Filed under Limitation, Personal Injury

Zuchtvieh-Export -v- Stadt Kempten; ECJ 11-Sep-2014

ECJ Advocate General’s Opinion – Preliminary reference – Agriculture – Regulation (EC) No 1/2005 – Protection of animals during transport – Transport of animals from one Member State to a third country – Article 14, paragraph 1 – Check the logbook to make by the competent authority of the place before starting the long journeys – Annex I, Chapter V – Provisions regarding maintenance of water and feed as well as journey times and rest – Applicability of these provisions in Regarding the part of the transport takes place outside the territory of the Union

Court: ECJ
Date: 11-Sep-2014
Judges: Bot AG
Statutes: Regulation (EC) No 1/2005
Links: Bailii,
References: C-424/13, [2014] EUECJ C-424/13_O

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Filed under Agriculture, Animals, European

De Souza -v- Manpower UK Ltd; CA 17-Dec-2013

Renewed application for an extension of time and for permission to appeal. The claimants application to the tribunal had been out of time and was dismissed accordingly. The EAT had directed that any further appeal be lodged within a specified time limit. It had not been met.
Held: Leave refused.

Court: CA
Date: 17-Dec-2013
Judges: Maurice Kay, Davis LJJ, Sir Stanley Burnton
Links: Bailii,
References: [2013] EWCA Civ 1794,
Cases Cited:

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Filed under Employment, Litigation Practice

Singh -v- Bracknell Forest Borough Council (Formerly the Royal County of Berkshire) and Special Educational Needs Tribunal; Admn 24-Jul-1998

Gilliatt Parents of a child with autism appealed against the refusal of the LEA to nominate the school of their choice which was sympathetic to the Lovaas approach to the education of autistic children. On an examination of the tribunal’s reasoning, the court held that the tribunal could not be criticised. They had carried out the relevant process of reasoning albeit they had not referred to particular sections of the Education Act.

Court: Admn
Date: 24-Jul-1998
Judges: Mr Justice Scott Baker
Links: Bailii,
References: [1998] EWHC Admin 780,

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Filed under Education

Johnson -v- Ministry of Defence and Another; CA 21-Nov-2012

The claimant said that he had been exposed him to excessive noise during the course of his employment, causing his deafness. He noticed his hearing problems in 2001. He was also aware that exposure to noise could cause hearing loss, but did not associate his own hearing problems with exposure to noise in earlier years. In 2006 a doctor attributed his hearing difficulties to ageing. In 2009 J saw a consultant who advised that he had noise induced hearing loss. He then issued proceedings. The trial judge dismissed J’s claim on limitation grounds.
Held: His appeal failed. A reasonable person in his position would have been curious about the cause of his deafness. He would have consulted his general practitioner. The doctor would probably have asked him about his employment history. This would have led to possible attribution of the claimant’s deafness to exposure to excessive noise at work. Allowing a year or so for consideration, J was fixed with constructive knowledge about the possible cause of his deafness by the end of 2002.

Court: CA
Date: 21-Nov-2012
Judges: Hallett, Etherton LJJ, Dame Janet Smith
Statutes: Limitation Act 1980 11 14
Links: Bailii,
References: [2012] EWCA Civ 1505, [2013] PIQR P7
Cited By:

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Filed under Limitation, Personal Injury

Smith and Others -v- The Ministry of Defence; CA 19-Oct-2012

The mother of a soldier claimed after he had died in an attack while serving in Iraq. She asserted that if he had had proper equipment his life would not have been.
Held: Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury would be justiciable here.

Court: CA
Date: 19-Oct-2012
Judges: Lord Neuberger PSC, Moses, Rimer LJJ
Statutes: European Convention on Human Rights 2
Links: Bailii, WLRD,
References: [2012] EWCA Civ 1365, [2013] HRLR 2, [2012] WLR(D) 281, [2013] 1 All ER 778, [2013] 2 WLR 27, [2013] PIQR P3

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Filed under Aarmed Forces, Human Rights, Negligence, Personal Injury

AA058372012 (Unreported); AIT 18-Feb-2013

Court: AIT
Date: 18-Feb-2013
Links: Bailii,
References: [2013] UKAITUR AA058372012),

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Filed under Immigration

76 Sloane Street – Kensington and Chelsea : London; LVT 18-Feb-2013

LVT Service Charges

Court: LVT
Date: 18-Feb-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00AW_0

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Filed under Landlord and Tenant

50 St. Stephens Crescent – Brentwood : Midland : Birmingham; LVT 19-Oct-2011

Service Charges

Court: LVT
Date: 19-Oct-2011
Links: Bailii,
References: [2011] EWLVT CAM_LV_SVC_22UD_0

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Filed under Landlord and Tenant

42 St Stephens Crescent – Brentwood : Midland : Birmingham; LVT 19-Oct-2011

LVT Service Charges

Court: LVT
Date: 19-Oct-2011
Links: Bailii,
References: [2011] EWLVT CAM_LV_SVC_22UD_0

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Filed under Landlord and Tenant

22C Woodland Rise – Haringey : London; LVT 17-Dec-2013

LVT Service Charges

Court: LVT
Date: 17-Dec-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00AP_0

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Filed under Landlord and Tenant

Serious Organised Crime Agency, Regina (on The Application of) -v- Wang and Another; Admn 19-Oct-2011

The Agency sought a civil recovery order under the 2002 Act.

Court: Admn
Date: 19-Oct-2011
Judges: Silber J
Statutes: Proceeds of Crime Act 2002
Links: Bailii,
References: [2011] EWHC 4100 (Admin),

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Filed under Criminal Sentencing

South Hams District Council (Decision Notice); ICO 17-Dec-2013

ICO The complainant requested information from South Hams District Council (the council) about concerns of a possible flood risk to his property. The Commissioner’s decision is that the council has breached regulation 5(2) of the EIR as it did not supply the information within 20 working days from the date of the request. As the council has now provided the information to the complainant, the Commissioner does not require the council to take any steps. However, he feels it appropriate to highlight his concern about the length of time it took the council to provide all of the information to the complainant, that being 21 months, and that the final part of the information only came to light because of a separate investigation from the Local Government Ombudsman (LGO).
Section of Act/EIR & Finding: EIR 5 – Complaint Upheld

Court: ICO
Date: 17-Dec-2013
Links: Bailii,
References: [2013] UKICO FER0504177,

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Filed under Information

Secretary of State for Education and Skills -v- Bailey and Another; ChD 31-Jul-2003

The teacher’s job had been privatised. After retirement he sought to have his pension assessed on the basis as it would have been but for the restructuring. The Secretary appealed a finding in the teacher’s favour.
Held: The question was determined by assessing the ‘contributable salary’ under the Regulations. The formula created difficulties, but it had to be assessed by reference to the last salary actually paid, and the ombudsman’s decision was not supported in law.

Court: ChD
Date: 31-Jul-2003
Judges: Mr Justice Pumfrey
Statutes: Teachers' Pension Regulations 1997 (SI 97/3001)
References: Gazette, 16-Oct-2003,

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Filed under Employment

Driver and Vehicle Licensing Agency (Decision Notice); ICO 19-Oct-2011

ICO The complainant requested information concerning the network rationalisation of the DVLA, following the publication of a leaked document setting out the options for the network rationalisation. The public authority withheld the requested information by virtue of section 35(1)(a) of the Act. The Commissioner considered the withheld information and the DVLA’s application of section 35(1)(a) and concluded in this case that the exemption was engaged and that the public interest in maintaining the exemption outweighed the public interest in disclosure of the information. The Commissioner has also found that the DVLA breached section 10(1) through its handling of the request. The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 10 – Complaint Upheld, FOI 35 – Complaint Not upheld

Court: ICO
Date: 19-Oct-2011
Links: Bailii,
References: [2011] UKICO FS50378823,

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Filed under Information

Uttlesford District Council (Decision Notice); ICO 19-Oct-2011

ICO The complainant has requested Uttlesford District Council (‘the Council’) to release information relating to the planning applications submitted by Tesco and Sainsbury’s. The Commissioner’s decision is that Council appropriately relied upon regulation 12(5)(b) of the EIR for the non disclosure of the emails between its planning officer and Counsel and the annotations Counsel made to two draft reports. However, in relation to contents of the draft reports themselves (with annotations redacted), the Commissioner has decided that although regulation 12(4)(d) applies to this information, the public interest in maintaining this exception is outweighed by the public interest in favour of disclosure. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: the Council should disclose the six draft reports identified in paragraph 9 of this notice, with any annotations made by Counsel redacted. Information Tribunal appeal EA/2011/0269 allowed.
Section of Act/EIR & Finding: EIR 12.4.d – Complaint Upheld, EIR 12.5.b – Complaint Upheld

Court: ICO
Date: 19-Oct-2011
Links: Bailii,
References: [2011] UKICO FER0379794,

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Filed under Information

Sefton Metropolitan Borough Council (Decision Notice); ICO 18-Feb-2013

ICO The complainant requested information regarding a next door neighbour’s extension which was affecting her property. Sefton Council disclosed information including a building site inspection report, but took 10 months to disclose the complete final page of the report. The Commissioner’s decision is that Sefton Council has breached regulation 5(2) in that it took longer than 20 working days to provide the complainant with the final page of the report. The Commissioner also considers that the Council has breached regulation 11(4) as it took longer than 40 working days to inform the complainant of the outcome of its internal review. The Commissioner does not require Sefton Council to take any further steps.
Section of Act/EIR & Finding: EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld

Court: ICO
Date: 18-Feb-2013
Links: Bailii,
References: [2013] UKICO FER0454906,

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Filed under Information

Parry – National Westminster Bank plc; CA 1-Nov-2004

The employee had been found to be unfairly dismissed. The company did not re-engage him, and he sought as part of his damages, the lost earnings up to the date of the hearing. The employer said these should be included within the overall damages cap.
Held: The award of arrears was not ring fenced so as to be outside the statutory cap on damages. Any cap on damages would adversely affect some individuals, and appear unfair. S124 was explicit as to the situations where the cap would not apply.

Court: CA
Date: 01-Nov-2004
Judges: Mummery LJ, Kay LJ, Gage LJ
Statutes: Employment Rights Act 1996 114 124
Links: Bailii,
References: Times, 04-Nov-2004, [2004] EWCA Civ 1563
Cases Cited:
Cited By:

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Filed under Damages, Employment

Ministry of Defence (Decision Notice); ICO 17-Dec-2013

ICO The complainant has requested information about Porton Down veterans. The public authority relied on a previous ‘vexatious’ response to not respond to this request. The previous request was found to be vexatious by the Commissioner but the decision notice in that case was overturned by the First-tier Tribunal prior to this request being made. The Commissioner is therefore of the opinion that that the public authority was not entitled to rely on section 17(6) of the FOIA and he requires it to issue a fresh response to the complainant. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Section of Act/EIR & Finding: FOI 17 – Complaint Upheld

Court: ICO
Date: 17-Dec-2013
Links: Bailii,
References: [2013] UKICO FS50500634,

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Filed under Information

Mid Suffolk District Council (Decision Notice); ICO 19-Oct-2011

ICO The complainant requested copies of correspondence between a named developer and Mid Suffolk District Council (MSDC) regarding two planning decision notices which he alleged had been altered after publication. The Information Commissioner’s decision is that MSDC did not deal with the request under the correct legislation. Access to environmental information should be considered under the Environmental Information Regulations 2004 (the ‘EIR’). The Information Commissioner, therefore, requires the public authority to take the following steps to ensure compliance with the EIR: provide the information requested in compliance with regulation 5(1), or; issue a valid refusal notice in compliance with regulation 12 or regulation 14.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld

Court: ICO
Date: 19-Oct-2011
Statutes: Environmental Information Regulations 2004
Links: Bailii,
References: [2011] UKICO FS50390240,

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Filed under Information

Home Office (Decision Notice); ICO 17-Dec-2013

ICO The complainant has requested information about dependency and primary carers in relation to immigration. The Commissioner’s decision is that the Home Office has applied section 14(1) appropriately. The Commissioner does not require the public authority to take any further steps.
Section of Act/EIR & Finding: FOI 14 – Complaint Not upheld

Court: ICO
Date: 17-Dec-2013
Links: Bailii,
References: [2013] UKICO FS50500202,

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Filed under Information

Hesketh Racing (Trade Mark: Opposition); IPO 17-Dec-2013

ICO Trade Mark: Opposition

Court: IPO
Date: 17-Dec-2013
Links: Bailii,
References: [2013] UKIntelP o50813,

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Filed under Intellectual Property

Commissioner of The Metropolitan Police Service (Decision Notice); ICO 17-Dec-2013

ICO The complainant requested Special Branch information relating to the late Cyril Smith. The Metropolitan Police Service (MPS) refused to confirm or deny whether it held this information and cited the exemptions provided by sections 23(5) (information supplied by, or relating to, security bodies) and 24(2) (national security) of the FOIA. The Commissioner’s decision is that the MPS cited sections 23(5) and 24(2) correctly and so it was not required to confirm or deny whether it held this information.
Section of Act/EIR & Finding: FOI 23 – Complaint Not upheld, FOI 24 – Complaint Not upheld

Court: ICO
Date: 17-Dec-2013
Links: Bailii,
References: [2013] UKICO FS50488435,

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Filed under Information

Warren -v- Carson (Valuation Officer); LT 12-Jan-2001

LT RATING – shop – poor location – partially obscured visibility – comparison with other shops – whether evidence of reduction in value of appeal premises – appeal dismissed.

Court: LT
Date: 12-Jan-2001
Links: Bailii,
References: [2001] EWLands RA_25_2000,

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Filed under Rating

SMCC -v- Department for Social Development; NISSCS 20-Jan-2012

NISSC Incapacity Benefit

Court: NISSCS
Date: 20-Jan-2012
Links: Bailii,
References: [2011] NICom 244,

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Filed under Benefits, Northern Ireland

Regina -v- Her Majestys Coroner for District of Avon ex parte Smith; Admn 12-Feb-1998

The family sought judicial review of a decision not to hold an inquest into the death of the deceased. The child had died in hospital.
Held: The death had apparently been for natural causes, but the coroner had failed properly to ask himself whether the death was unnatural in the sense used in Regina -v- Poplar Coroner ex parte Thomas. His decision was flawed.

Court: Admn
Date: 12-Feb-1998
Judges: Ognall J
Statutes: Coroners Act 1988 8(1)
Links: Bailii,
References: [1998] EWHC Admin 174,
Cases Cited:
  • Regina -v- Poplar Coroner ex parte Thomas, CA, Cited, (Gazette 10-Jun-92, [1993] QB 610, [1993] 2 ALL ER 381, [1993] 2 WLR 547, Times 23-Dec-92, Independent 20-Jan-92, (1993) 157 JP 506, [1993] COD 178, (1993) 157 JPN 349)

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Filed under Coroners

Papasavvas And Others -v- O Fileleftheros Dimosia Etairia Ltd; ECJ 11-Sep-2014

ECJ Judgment – Reference for a preliminary ruling – Directive 2000/31/EC – Scope – Defamation proceedings

Court: ECJ
Date: 11-Sep-2014
Judges: J.L. da Cruz Vilaca, P
Statutes: Directive 2000/31/EC
Links: Bailii,
References: C-291/13, [2014] EUECJ C-291/13, ECLI:EU:C:2014:2209

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Filed under Defamation, European

Manpower UK Ltd (Undertakings); ICO 20-Jan-2012

An undertaking has been signed by Manpower UK Ltd following a breach of the Data Protection Act where a spreadsheet containing 400 people’s personal details was accidentally emailed to 60 employees.

Court: ICO
Date: 20-Jan-2012
Links: Bailii,
References: [2012] UKICO 2012-45,

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Filed under Information

Lipcan -v- The Republic of Moldova; ECHR 17-Dec-2013

Court: ECHR
Date: 17-Dec-2013
Statutes: European Convention on Human Rights
Links: Bailii,
References: 22820/09 - Committee Judgment, [2013] ECHR 1302

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Filed under Human Rights

JR -v- SSWP (Income Support) (European Union Law : Free Movement); UTAA 1-Apr-2014

Income Support – European Union Law : Free Movement

Court: UTAA
Date: 01-Apr-2014
Judges: Ward UTJ
Links: Bailii,
References: [2014] UKUT 154 (AAC),

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Filed under Benefits, European

Harvest Town Circle Ltd -v- Rutherford; EAT 10-Jul-2001

In a case alleging indirect sex discrimination in the differing rules denying entitlement to redundancy payments for men over 65, the tribunal should be ready to look at a wide range of statistics. The test is whether the rule imposed some condition which could be met only by a substantially smaller proportion of one sex rather than the other, and where that difference was without objective justification. The tribunal had erred in law in not inviting the secretary of state to take part in the case, given the obvious possible existence of an objective justification.

Court: EAT
Date: 10-Jul-2001
Judges: The Honourable Mr Justice Lindsay (President)
Statutes: EC Treaty 141, Employment Rights Act 1996 109 156
Links: Bailii,
References: Times, 21-Aug-2001, EAT/1128/99, [2002] ICR 123, [2001] UKEAT 1128_99_1007
Cases Cited:
Cited By:

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Filed under Discrimination

Fairford Group Ltd and Another -v- Revenue & Customs; FTTTx 1-Apr-2014

FTTTx PROCEDURE – Strike out application – MTIC appeal – Whether Tribunal has jurisdiction to strike out part of appellants’ case – If so whether appropriate to exercise its discretion to so under rule 8(3)(c) Tribunal Procedure (First-tier Tribunal)(Tax Chamber) Rules 2009

Court: FTTTx
Date: 01-Apr-2014
Links: Bailii,
References: [2014] UKFTT 319 (TC),

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Filed under VAT

District Union of Ilfov Cooperative Society -v- Romania; ECHR 16-Sep-2014

Court: ECHR
Date: 16-Sep-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 16554/06 - Chamber Judgment, [2014] ECHR 944

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Filed under Human Rights

Commission -v- IPK International; ECJ 4-Sep-2014

ECJ Opinion – Appeal – Commission decision ordering the repayment of financial assistance – Annulment of the decision by the Court – Execution of the judgment – Calculation of interest on the amount to be repaid

Court: ECJ
Date: 04-Sep-2014
Judges: M Yves Bot AG
Links: Bailii,
References: C-336/13, [2014] EUECJ C-336/13_O, ECLI:EU:C:2014:2170

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Filed under European

Performing Right Society Ltd -v- Ciryl Theatrical Syndicate Ltd; 1924

The court looked at personal responsibility of the directors of a company for torts committed by the company: ‘If the directors themselves directed or procured the commission of the act they would be liable in whatever sense they did so, whether expressly or impliedly.’

Date: 01-Jan-1924
Judges: Atkin LJ
References: [1924] 1 KB 1,
Cited By:

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Filed under Company

Practice Direction (Ex Parte Mareva and Anton Pillar Orders); QBD 2-Aug-1994

The direction set down extensive guidelines and standard forms for use in ex parte Mareva and Anton Piller applications.

Court: QBD
Date: 02-Aug-1994
Links: Times, Independent,
References:
Cited By:

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Filed under Litigation Practice

Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji -v- Mount Cook Land Limited; CA 21-Dec-2000

The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in response to demands sent to the company. The company had been struck off. A new lease was agreed, but the renewal procedure continued.
Held: A tenancy, or lease, is an interest in land springing from a consensual arrangement between two parties: one person grants to another the right to possession of land for a lesser term than he, the grantor, has in the land. The parties had negotiated and agreed terms. Possession continued under the new arrangement despite being formally subject to lease. A quarterly tenancy had been created.

Court: CA
Date: 21-Dec-2000
Judges: Lord Justice Aldous, Lord Justice Mance and Mr Justice Charles
Statutes: Landlord and Tenant Act 1954
Links: Bailii,
References: [2000] EWCA Civ 356,
Cases Cited:

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Filed under Landlord and Tenant

Aziz -v- Trinity Street Taxis Ltd; CA 26-Feb-1988

An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race discrimination and victimisation.
Held: The issue was whether the act was an act of discrimination. The association was a trade organisation covered by the Act. Where a claimant alleges discrimination on the basis of a ‘protected act’ within the section, it is for him to establish the connection between the act of discrimination and the protected act. Section 2(1) requires a comparison between the treatment accorded to the person victimised and the treatment which would be accorded to another who has not done the protected acts at all. Parliament had not intended discrimination to be established:- ‘even though the evidence shows that the fact that the protected act had been done . . in no way influenced the alleged discriminator in his treatment of the complainant. In such a case, in our judgment, on the true construction of section 2 (1), if the necessary causal link is to be established, it must be shown that the very fact that the protected act was done by the complainant ‘under or by reference to’ that legislation influenced the alleged discriminator in his unfavourable treatment of the complainant.’ Each of the lettered paragraphs of s. 2 (1) ‘contemplates a motive which is consciously connected with the race relations legislation’.

Court: CA
Date: 26-Feb-1988
Judges: Slade LJ
Statutes: Race Relations Act 1976 2(1)
Links: Bailii,
References: [1989] QB 463, [1988] ICR 534, [1988] 2 All ER 860, [1988] EWCA Civ 12
Cases Cited:
Cited By:

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Filed under Discrimination

Avon Insurance -v- Swire Fraser Ltd; 2000

The claimant sought damages, alleging misrepresentation.
Held: Damages under section 2(1) of the 1967 Act are assessed on the fraud measure. The court drew a distinction between a factor which is observed or considered by a plaintiff, or even supports or encourages his decision, and a factor which is sufficiently important to be called a real and substantial part of what induced him to enter into a transaction. The latter can establish a causative link between a negligent misstatement and loss, but the former will not do so. Rix J said: ‘a representation may be true without being entirely correct, provided it is substantially correct and the difference between what is represented and what is actually correct would not have been likely to induce a reasonable person in the position of the claimants to enter into the contracts.’ The answer only needs to have been given in good faith i.e. honestly.

Date: 01-Jan-2000
Judges: Rix J
Statutes: Misrepresentation Act 1967 2(1)
References: [2000] Lloyd's LR IR 535, [2000] 1 ALL ER Comm 573
Cited By:

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Filed under Contract

Tzikas -v- AFE; ECJ 10-Sep-2014

ECJ Court of Pulic Employees – Public service – Temporary staff – Non-renewal of a fixed-term contract – agency staff – Downsizing – Multiannual Financial Framework ERA – Removal of two posts of the establishment plan – Compliance with the essential formalities – Right to be heard – Internal Guidelines – Interest of Service

Court: ECJ
Date: 10-Sep-2014
Links: Bailii,
References: F-120/13, [2014] EUECJ F-120/13

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Filed under Employment, European

Gemeente S-Hertogenbosch -v- Staatssecretaris van Financien; ECJ 10-Sep-2014

Judgment – Reference for a preliminary ruling – Sixth VAT Directive – Article 5(7)(a) – Taxable transactions – ‘Supplies made for consideration’ – First occupation by a municipal authority of premises built for it on land belonging to it – Activities engaged in as a public authority and as a taxable person

Court: ECJ
Date: 10-Sep-2014
Links: Bailii,
References: C-92/13, [2014] EUECJ C-92/13

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Filed under European, VAT

Farrell -v- Avon Health Authority; 8-Mar-2001

The claimant was father to a new-born child. At the birth he was told that his baby son was dead before seeing his son and understanding that an error had been made. He sought damages asserting that he had suffered nervous shock. The Hospital said that he was not able to recover for psychiatric injury where no possibility of a physical injury was forseeable.
Held: He succeeded. As a primary victim a claim for psychiatric injury was possible even where no physical injury was risked. A real risk of suffering a recognised psychiatric disorder was sufficient.

Date: 08-Mar-2001
Judges: Judge Bursell QC
References: [2001] All ER (D) 17,

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Filed under Damages, Personal Injury

Performing Right Society Limited -v- London Theatre of Varieties Limited; HL 1924

The parties, the plaintiff who was the equitable assignee of performing rights and the infringing defendant, joined specific issue on the absence of the legal owner of the rights.
Held: His absence was critical. Viscount Finlay said: ‘Except under very special circumstances the ordinary rule should be observed, that the legal owner should be a party to the proceedings . . But whatever may be the balance of convenience, the established rules of practice should be adhered to, even in cases, of which I think the present is one, when their observance in all probability will serve no useful purpose. The parties have joined battle on the applicability to the present case of this particular rule of practice, and we must decide according to law, however much we may regret that success in the action should depend on mere technicality which has no relation to the merits of the case.’
Viscount Cave LC said: ‘That an equitable owner may commence proceedings alone, and may obtain interim protection in the form of an interlocutory injunction is not in doubt; and is, I think, the rule of the Supreme Court, that, in general, when a plaintiff has only an equitable right in the thing demanded, the person having the legal right to demand it must in due course be made, a party to the action: Daniells’ Chancery Practice (7th ed), Vol 1, p 172. If this were not so, a defendant after defeating the claim the equitable claimant might have to resist like proceedings by the legal owner or by persons claiming under him as assignees for value without notice of any prior equity, and proceedings might be indefinitely and oppressively multiplied. No doubt the rule does not apply to a mortgagor at least since the passing of section 25(6) of the Judicature Act 1873; and there may be special reasons, were, it will not be enforced as in William Brandt’s Sons & Co v Dunlop Rubber Co [1905] AC 454, where the defendant disclaimed any wish to have the legal owners made parties.’

Court: HL
Date: 01-Jan-1924
Judges: Viscount Finlay, Viscount Cave LC, Lord Sumner
References: [1924] AC 1,
Cited By:

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Filed under Contract, Intellectual Property, Litigation Practice

R C Pillar & Son -v- The Camber; TCC 15-Mar-2007

The claimant sought to enforce an arbitration award for construction work it had carried out for the defendant. The defendant denied that there had been a contract under which an arbitration could properly have been commenced, and was without jurisdiction.

Court: TCC
Date: 15-Mar-2007
Judges: Thornton QC J
Links: Bailii,
References: [2007] EWHC 1626 (TCC),

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Filed under Arbitration, Construction

Regina -v- Blackwell; Regina -v- Farley; Regina -v- Adams; CACD 2-Mar-1995

The judge should investigate any suspicions of jury tampering immediately, but must be careful not to enquire as to the jury’s deliberations. The common law rule against investigating events in the jury room has recognised exceptions, but these are confined to situations where the jury is alleged to have been affected by what are termed extraneous influences, eg contact with other persons who may have passed on information which should not have been before the jury.

Court: CACD
Date: 02-Mar-1995
Links: Ind Summary, Times,
References: [1996] Crim LR 248,
Cited By:

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Filed under Criminal Practice

Fisher -v- Wychavon District Council; CA 30-Nov-2000

A planning permission was given, with several references to it being temporary. Nevertheless no reference was made to the extent in time of the permission. Despite this, an application to remove the references to temporary status and to upgrade it to permanent was refused. There appears to be no power in equity to rectify a unilateral transaction consisting of a notification of a planning consent, even if it might be available for other unilateral acts. The notice was clearly intended to be temporary.

Court: CA
Date: 30-Nov-2000
Links: Times, Gazette, Gazette,
References:

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Filed under Equity, Planning

The Law Society -v- Claire Louise Wilson; Admn 12-May-2006

Ms Wilson had been found guilty of conduct unbefitting a solicitor after being convicted of offences of dishonesty and given 60 hours community service. The Law Society appealed against her suspension for twelve months saying that it was inadequate. In committing the offences, she had not done so for her own financial gain. She had been placed under pressure from her practice principal who had refused to ease her workload and who insisted that she personally attend all immigration hearings and conferences. She made false accounting returns, in respect of travel expenses for attendance at conferences and hearings she had not attended, in order that he would not find out she had she had not attended them.
Held: The appeal was allowed, and Ms Wilson was struck off the roll. The starting point for assessing Ms Wilson’s conduct was the decision in Bolton test. Jack J discussed the authorities saying that ‘they emphasise the need to protect the reputation of the profession by expelling dishonest persons from it and emphasising that mitigation personal to the solicitor has little relevance’

Court: Admn
Date: 12-May-2006
Judges: Lord Justice Keene Mr Justice Jack
Links: Bailii,
References: [2006] EWHC 1022 (Admin),
Cited By:

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Filed under Legal Professions

Technische Universitat Darmstadt -v- Eugen Ulmer KG; ECJ 11-Sep-2014

ECJ Judgment – Reference for a preliminary ruling – Directive 2001/29/EC – Copyright and related rights – Exceptions and limitations – Article 5(3)(n) – Use for the purpose of research or private study of works and other subject-matter – Book made available to individual members of the public by dedicated terminals in publicly accessible libraries – Meaning of work not subject to ‘purchase or licensing terms’ – Right of the library to digitise a work contained in its collection in order to make it available to users by dedicated terminals – Making the work available by dedicated terminals which permit it to be printed out on paper or to be stored on a USB stick
‘Article 5(3)(n) of Directive 2001/29 must be interpreted to mean that it does not extend to acts such as the printing out of works on paper or their storage on a USB stick, carried out by users from dedicated terminals installed in publicly accessible libraries covered by that provision. However, such acts may, if appropriate, be authorised under national legislation transposing the exceptions or limitations provided for in Article 5(2)(a) or (b) of that directive provided that, in each individual case, the conditions laid down by those provisions are met.’

Court: ECJ
Date: 11-Sep-2014
Judges: L. Bay Larsen, P
Statutes: Directive 2001/29/EC
Links: Bailii,
References: C-117/13, [2014] EUECJ C-117/13, ECLI:EU:C:2014:2196

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Filed under European, Intellectual Property

Hassan -v- The United Kingdom; ECHR 16-Sep-2014

Grand Chamber – The applicant alleged that his brother was arrested and detained by British forces in Iraq and was subsequently found dead in unexplained circumstances. He complained under Article 5-1, 2, 3 and 4 of the Convention that the arrest and detention were arbitrary and unlawful and lacking in procedural safeguards and under Articles 2, 3 and 5 that the United Kingdom authorities failed to carry out an investigation into the circumstances of the detention, ill-treatment and death.
Held: ‘ the powers of internment under the Third and Fourth Geneva Conventions, relied on by the Govern

Court: ECHR
Date: 16-Sep-2014
Judges: Dean Spielmann, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 29750/09 - Grand Chamber Judgment, [2014] ECHR 936

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Filed under Armed Forces, Coroners, Human Rights, News

Commission -v- Portugal; ECJ 11-Sep-2014

ECJ Judgment – Failure of a Member State to fulfil obligations – Directive 96/67/EC – Article 11 – Air transport – Groundhandling service – Selection of suppliers

Court: ECJ
Date: 11-Sep-2014
Judges: A. Tizzano, P
Statutes: Directive 96/67/EC 11
Links: Bailii,
References: C-277/13, [2014] EUECJ C-277/13, ECLI:EU:C:2014:2208

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Filed under European

Commission -v- Parker Hannifin Manufacturing, Parke-Hannifin; ECJ 4-Sep-2014

ECJ Opinion – Appeal – Competition – Agreements, decisions and concerted practices – European market for marine hoses – Succession of legal entities – Attributability of unlawful conduct – Reduction of the fine by the General Court

Court: ECJ
Date: 04-Sep-2014
Judges: Wathelet AG
Links: Bailii,
References: C-434/13, [2014] EUECJ C-434/13_O

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Filed under European

Commission -v- Italy; ECJ 4-Sep-2014

ECJ Opinion – Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – Financial penalties – Imposition of a periodic penalty payment and a lump sum payment – Reduction of the periodic penalty payment in the event of partial compliance

Court: ECJ
Date: 04-Sep-2014
Judges: Kokott AG
Links: Bailii,
References: C-196/13, [2014] EUECJ C-196/13_O, ECLI:EU:C:2014:2162,

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Filed under Environment, European

Commission -v- Italian Republic and Greece; ECJ 4-Sep-2014

ECJ Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – Financial penalties – Imposition of a periodic penalty payment and a lump sum payment – Reduction of the periodic penalty payment in the event of partial compliance

Court: ECJ
Date: 04-Sep-2014
Judges: Kokott AG
Links: Bailii,
References: C-378/13, [2014] EUECJ C-378/13_O, ECLI:EU:C:2014:2172

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Filed under Environment, European

Byrne and Another -v- Poplar Housing and Regeneration Community Association Ltd; CA 16-Mar-2012

The claimants appealed against refusal of relief from an order for possession of their tenanted house on the grounds of anti-social behaviour.

Court: CA
Date: 16-Mar-2012
Judges: Etherton, Black LJJ, Sir Robin Jacob
Links: Bailii,
References: [2012] EWCA Civ 832,

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Filed under Housing

Maher -v- Director of Public Prosecutions; Admn 12-May-2006

The appellant had been seen to hit another car while parking in a Sainsbury’s car park, and to have driven off. She appealed her conviction for driving without due care and attention and of failing to report the accident. The court admitted as evidence a log of the report of the incident to the police. The defendant said that was hearsay evidence which should not have been admitted.
Held: ‘hearsay is inadmissible unless it can be brought within an exception defined in the legislation. ‘ The log was multiple hearsay being a record of what was said to the police operative of what was hearsay to the car owner. The magistrates had admitted the log as a business document. The test was whether the car owner’ had personal knowledge of the matter reported. They did not. The evidence should however have been admitted on other grounds under 114(2)

Court: Admn
Date: 12-May-2006
Judges: Scott Baker LJ, Leveson J
Statutes: Criminal Justice Act 2003 114-136
Links: Bailii,
References: [2006] EWHC 1271 (Admin),

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Filed under Criminal Evidence, Road Traffic

Regina (on the application of Whitehead and Daglish) -v- Chief Constable of Avon & Somerset; Admn 2001

Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings.
Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had been a finding of not guilty. In this case, no new evidence was adduced, the evidence was the same. The Judge had determined that the prosecution case at its highest, if all the witnesses were believed, did not establish the criminal charge. Any finding in disciplinary proceedings, if the charges were the same, would conflict with that determination. There was a real determination to the extent that on the evidence the charges could not be made out. The officer in the instant case was in the same position as if there had been a finding that he was not guilty of a criminal offence.

Court: Admn
Date: 01-Jan-2001
Judges: Richards J, Moses J
Statutes: Police and Criminal Evidence Act 1984 104
References: [2001] EWHC Admin 433,
Cited By:

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Filed under Police