Hui Chi-ming -v- The Queen; PC 5-Aug-1991

(Hong Kong) The defendant was charged with aiding and abetting a murder. A, carrying a length of water pipe and accompanied by the defendant and four other youths, seized a man and A hit him with the pipe, causing injuries from which he died. No witness saw the defendant hit the man, who was an innocent victim, or play any particular part in the assault. A was charged with murder, with three of the group. Two pleaded guilty to manslaughter and other was acquitted. The jury acquitted A of murder but convicted him of manslaughter. The defendant was later indicted for murder with another youth whose plea of guilty to manslaughter was accepted. The defendant refused an offer by the prosecution to accept a plea of guilty to manslaughter. He was prosecuted for murder as a party to a joint enterprise in which A had murdered the victim. The judge did not admit evidence of A’s acquittal of murder and conviction of manslaughter only. The defendant was convicted of murder and sentenced to death.
Held: The conviction or acquittal of the principle was both irrelevant and inadmissible. A conviction for an aider and abettor was not dependent upon a conviction of the principal offender. In general, an acquittal upon a different charge in an earlier trial is irrelevant to the issues before the court in the second trial.
Lord Griffiths said: ‘Their Lordships are of the view that the more recent English cases established that the rejection of an improperly obtained confession is not dependent only upon possible unreliability but also upon the principle that a man cannot be compelled to incriminate himself and upon the importance that attaches in a civilised society to proper behaviour by the police towards those in their custody. All three of these factors have combined to produce the rule of law applicable in Hong Kong as well as in England that a confession is not admissible in evidence unless the prosecution establish that it was voluntary.’
Lord Lowry: ‘a serious anomaly’ had occurred but the prosecution of the defendant for murder rather than manslaughter was not so unfair or wrong as to constitute an abuse of process. There was ample evidence to support the defendant’s conviction. ‘Provided the case was conducted with propriety, it is difficult to see how the judge could properly have intervened to prevent counsel from seeking or the jury from returning a verdict which was justified by the evidence. The other answer is that, if it was not an abuse to indict and prosecute for murder, it could scarcely be an abuse to seek a verdict which was justified by the evidence.

Court: PC
Date: 05-Aug-1991
Judges: Lord Griffiths, Lord Lowry
Links: Bailii,
References: [1992] 1 AC 34, [1991] 3 All ER 897, [1991] 3 WLR 495, Gazette, 02-Oct-1992, [1991] UKPC 29, (1991) 94 Cr App R 236
Cases Cited:
Cited By:

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Filed under Commonwealth, Criminal Practice, Evidence

T -v- The Czech Republic; ECHR 17-Jul-2014

Court: ECHR
Date: 17-Jul-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 19315/11 - Chamber Judgment, [2014] ECHR 791

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Filed under Human Rights

Osakovskiy -v- Ukraine; ECHR 17-Jul-2014

Court: ECHR
Date: 17-Jul-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 13406/06 - Chamber Judgment, [2014] ECHR 794

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Filed under Human Rights

Omelchenko -v- Ukraine; ECHR 17-Jul-2014

Court: ECHR
Date: 17-Jul-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 34592/06 - Chamber Judgment, [2014] ECHR 795

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Filed under Human Rights

Kadirzhanov And Mamashev -v- Russia; ECHR 17-Jul-2014

Court: ECHR
Date: 17-Jul-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 47823/13 - Chamber Judgment, [2014] ECHR 793, 42351/13

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Filed under Human Rights

IA355152013; AIT 30-May-2014

Court: AIT
Date: 30-May-2014
Links: Bailii,
References: [2014] UKAITUR IA355152013,

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Filed under Immigration

IA333422013; AIT 30-May-2014

Court: AIT
Date: 30-May-2014
Links: Bailii,
References: [2014] UKAITUR IA333422013,

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Filed under Immigration

Vaughan -v- South Oxfordshire District Council; IPT 4-Jul-2012

Court: IPT
Date: 04-Jul-2012
Links: Bailii,
References: [2012] UKIPTrib 12_28,

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Filed under Human Rights, Police

Thorne and Others -v- House of Commons Commission; QBD 29-Jan-2014

The claimants who worked in the House asked whether they had a contractual right to annual pay increases until they reach the top of the pay scale for their respective pay bands.

Court: QBD
Date: 29-Jan-2014
Judges: Supperstone J
Statutes: House of Commons (Administration) Act 1978
Links: Bailii,
References: [2014] EWHC 93 (QB),

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Filed under Employment

In re P (A Child); CA 7-Jul-2009

Mother’s appeal against direction in application by father for contact with their child.

Court: CA
Date: 07-Jul-2009
Judges: Longmore LJ, Bodey J
Links: Bailii,
References: [2009] EWCA Civ 908,

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Filed under Children

The Number (UK) Ltd and Another -v- Office of Communications; CAT 24-Nov-2008

Court: CAT
Date: 24-Nov-2008
Judges: Warren J
Links: Bailii,
References: [2008] CAT 33,
Cases Cited:

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Filed under Commercial, European

In re P (Children); CA 12-Nov-2008

Father’s appeal against refusal of contact order.

Court: CA
Date: 12-Nov-2008
Judges: Ward, Stanlet Burnton LJJ< Sir William Aldous
Links: Bailii,
References: [2008] EWCA Civ 1431,

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Filed under Children

In re P (A Child); CANI 4-Jun-2007

Court: CANI
Date: 04-Jun-2007
Links: Bailii,
References: [2007] NICA 20,

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Filed under Children, Northern Ireland

T (Risk Udps) Democratic Republic of Congo; IAT 27-Jun-2002

Court: IAT
Date: 27-Jun-2002
Judges: Mrs J A J C Gleeson (Chairman)
Links: Bailii,
References: [2002] UKIAT 02206,

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Filed under Immigration

Taylor, Regina (on the Application of) -v- HM Prison Risley; Admn 20-Oct-2004

Objection to ‘call enabling’ system under which prisoners had to enter pin number before using telephone.

Court: Admn
Date: 20-Oct-2004
Links: Bailii,
References: [2004] EWHC 2654 (Admin),

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Filed under Human Rights, Prisons

Lodgepower Ltd -v- Taylor; CA 22-Oct-2004

The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the notice good, because he had no notice of whom the notice could be served upon.
Held: It was impossible to serve a notice on someone who was a former agent of a former landlord.

Court: CA
Date: 22-Oct-2004
Judges: Lord Justice Peter Gibson Lord Justice Longmore Lindsay The Honourable Mr Justice Lindsay
Statutes: Agriculture (Maintenance, Repair, etc.) Regulations 1973, Agricultural Holdings Act 1986
Links: Bailii,
References: [2004] EWCA Civ 1367, Times, 03-Nov-2004
Cases Cited:

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Filed under Agriculture, Landlord and Tenant

JD (Homosexual, MD Supporter, Internal Relocation ) Zimbabwe; IAT 17-Sep-2004

‘The Appellant is a citizen of Zimbabwe who appeals against the determination of an Adjudicator, Mr D. M. Brunnen, promulgated on 27 October 2003, dismissing the Appellant’s appeal against the decision of the Secretary of State to refuse both her asylum and human rights claims.’

Court: IAT
Date: 17-Sep-2004
Links: Bailii,
References: [2004] UKIAT 00259,

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Filed under Immigration

Sheffield Co-Operative Society Ltd -v- Emmingham; EAT 10-May-1993

Court: EAT
Date: 10-May-1993
Links: Bailii,
References: [1993] UKEAT 693_92_1005,

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Filed under Employment

Regina -v- Clark, Bentham; CACD 5-Dec-1996

Sets out structure for making decisions on drug confiscation orders.

Court: CACD
Date: 05-Dec-1996
Statutes: Drug Trafficking Offences Act 1986
Links: Times, Bailii,
References: [1996] EWCA Crim 1636,

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Filed under Criminal Sentencing

Regina -v- Preston Crown Court ex parte Jolly; Admn 22-Feb-1999

Court: Admn
Date: 22-Feb-1999
Links: Bailii,
References: [1999] EWHC Admin 164,

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Filed under Planning

Barber -v- Thames Television plc; EAT 1991

The EAT has a power exceptionally, to receive an argument which had not been put to tribunal. Knox J said: ‘We do not accept the proposition that any and every contention by a party to an appeal that that party by calling further evidence can show that the applicant’s case falls outside the jurisdiction of the industrial tribunal has to be acceded to on appeal. A question of jurisdiction is not necessarily and in all circumstances a trump card which if played upon an appeal automatically determines the appeal in favour of the party playing that card’.
Knox J referred to the case of House and said: ‘It does not however follow from this that all jurisdictional points must be allowed at any stage even if they involve a further hearing to establish further facts. In our view in each case the appeal tribunal has to decide on balance whether justice requires that the new point should be allowed to be taken. If it appears on existing evidence that the decision appealed from is a nullity that will be a consideration of overwhelming strength. Where what is relied upon is a chance of establishing a lack of jurisdiction by calling fresh evidence which was always available the case is far less straightforward’. And ‘We are unpersuaded that it would be just for the employers to have a second bite at the cherry of trying to persuade the industrial tribunal that the employee is disqualified by Section 64(1)(b) of the Act by advancing evidence which was always available but was not used for what no doubt at the time seemed, to be excellent reasons’

Court: EAT
Date: 01-Jan-1991
Judges: Knox J
Statutes: Employment Protection (Consolidation) Act 1988 64(1)(b)
References: [1991] ICR 253,
Cases Cited:
Cited By:

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Ewing, Falsely Called Wheatley -v- Wheatley; 6-May-1814

Nullity of marriage, by reason of fraud and alteration of licence, not sustained: ‘It is perfectly established that no disparity of fortune or mistake as to the qualities of the person will impeach the vinculum of marriage’

Date: 06-May-1814
Links: Commonlii,
References: [1814] EngR 357, (1814) 2 Hag Con 175, (1814) 161 ER 706

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Filed under Family

Sottomayor -v- De Barros (No. 2); 1879

A marriage celebrated within Britain where one of the spouses is domiciled in one of the constituent jurisdictions will be valid in spite of the fact that the other spouse does not have capacity under his or her domiciliary law.

Date: 01-Jan-1879
References: (1879) PD 94,
Cited By:

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C -v- C; 1942

(New Zealand) The husband told the wife he was a famous Australian featherweight boxer and quite well off. The husband was in fact a New Zealander and neither a boxer nor rich. The wife sought annullment of the marriage.
Held: The petitionfailed. Callan J said that it was a ‘case of real consent induced by fraud, and not a case of no consent or absence of consent.’ The woman had consented to marrying the man she in fact married.

Date: 01-Jan-1942
Judges: Callan J
References: [1942] NZLR 356,

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Filed under Commonwealth, Family

Smith -v- Morgan; ChD 1971

The plaintiff sold property to the defendant, covenanting not to sell a piece of adjoining land without giving the defendant: ‘the first option of purchasing . . at a price to be agreed upon provided that any such offer for sale shall only remain open for a period of three months from the date on which the said offer for sale is made open by the vendor’. The plaintiff wished to sell the land to someone else. She issued an originating summons seeking to escape her obligations under this provision, suggesting that the provision was not legally binding, since it did not state a price or a method of determining a price, and that it was merely an agreement to agree.
Held: There was no uncertainty as there was agreement that there would be an offer to sell the land should the vendor decide that they wanted to sell. There was no need for the price to be agreed upon, or for a mechanism for determining the price to be agreed upon, because the agreement was simply that an offer for sale would be made.
Brightman J rejected the argument that the provision was a mere agreement to agree: ‘[the] obligation on the vendor, should she wish to sell, is an obligation to make an offer to the purchaser at the price and at no more than the price at which she is, as a matter of fact, willing to sell.’ In putting forward a price, the vendor was obliged to act in good faith: ‘The plaintiff must, of course, act bona fide in defining the price to be included in the offer. It is a matter of fact. If the plaintiff is proposing to sell by auction, the price to be specified in the offer to the defendant would be the intended auction reserve. If she is proposing to sell by private treaty the price to be specified in the offer would be the price intended to be named in the estate agent’s particulars, or the lower price, if any, to which the plaintiff is, as a matter of fact, prepared to descend on such a sale.’

Court: ChD
Date: 01-Jan-1971
Judges: Brightman J
References: [1971] 1 WLR 803, [1971] 2 All ER 1500
Cited By:

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Filed under Contract, Land

Morgan -v- Morgan; 1977

In ancillary relied proceedings the wife’s father was ordered to disclose his testamentary intentions toward his daughter.
Held: Such an order was oppressive, and he should be protected against it.

Date: 01-Jan-1977
References: [1977] Fam 122,
Cited By:

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Filed under Family

Sullivan -v- Sullivan, Falsely Called Oldacre; 11-Jun-1818

Nullity of marriage, by reason of publication of banns in false names, not supported in fact. This was a suit of nullity of marriage, by reason of the publication of banns not being made in the true names of the parties. The suit was brought by the father of the husband, as his natural guardian. The libel stated the circumstances, in which it was alleged that the marriage was effected by artifices and misrepresentations, and in a, cladestine manner, and in a parish to which neither of the parties belonged, and entirely unknown to the father of the minor; and that it was celebrated by banns under a false designatdon of the woman.
‘The strongest case you could establish of the most deliberate plot, leading to a marriage the most unseemly in all disproportions of rank, of fortune, of habits of life, and even of age itself, would not enable this Court to release him from chains which, though forged by others, he had riveted on himself. If he is capable of consent and has consented, the law does not ask how the consent has been induced.

Date: 11-Jun-1818
Links: Commonlii,
References: [1818] EngR 533, (1818) 2 Hag Con 238, (1818) 161 ER 728

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Filed under Family

Moss -v- Moss (otherwise Archer); 1897

Sir Francis Jeune P said: ‘But when in English Law fraud is spoken of as a ground for avoiding a marriage, this does not include such fraud as induces a consent, but is limited to such fraud as procures the appearance without the reality of consent. The simplest instance of such fraud is personation . . in every case where fraud has been held to be the ground for declaring a marriage null, it has been such fraud as has procured the form without the substance of agreement, and in which the marriage has been annulled, not because of the presence of fraud, but because of the absence of consent.’ and ‘Error about the family or fortune of the individual though procured by disingenuous representations does not at all affect the validity of the marriage’

Date: 01-Jan-1897
Judges: Sir Francis Jeune P
References: [1897] P 263,

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Talbot -v- General Television Corporation Pty Ltd; 1980

The plaintff asserted that the defendant’s tevelvision programme was a copy of his own idea and had been developed in breach of his rights of confidence.
Held: To be capable of protection the idea must be sufficiently developed, so that it would be seen to be a concept which has at least some attractiveness for a television programme and which is capable of being realised as an actuality

Date: 01-Jan-1980
Judges: Harris J
References: [1980] VicRp 26, [1981] RPC 1

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Filed under Commonwealth, Intellectual Property

Miletante -v- Ogunwomoju; FD 1993

W sought a decree of nullity. They had married, but H had assumed the identity of a man living lawfully within the UK, and W had therefore taken a false name. H was deported, having acquired no right of abode.
Held: The decree was granted. The false representation was as to H’s identity, and the marriage was void.

Court: FD
Date: 01-Jan-1993
Judges: Arun Owen HHJ
References: [1993] 2 FCR 356, [1994] Fam Law 17

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Fraser -v- Thames Television Ltd; QBD 1984

The court considered a claim that an idea for a Television Programme (the eventual ‘Rock Follies’) had been misused in a breach of confidence. Equity regards information as akin to property and grants or withholds relief accordingly. Hirst J observed: ‘I accept that to be capable of protection the idea must be sufficiently developed, so that it would be seen to be a concept which has at least some attractiveness for a television programme and which is capable of being realised as an actuality . . But I do not think this requirement necessitates in every case a full synopsis. In some cases the nature of the idea may require extensive development of this kind in order to meet the criteria. But in others the criteria may be met by a short unelaborated statement of an idea.’

Court: QBD
Date: 01-Jan-1984
Judges: Hirst J
References: [1984] QB 44,
Cases Cited:

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Filed under Equity, Intellectual Property

IA299722013; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA299722013,

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Filed under Immigration

IA298082013 and Others; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA298082013,

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Filed under Immigration

IA279792013; AIT 1-Jul-2014

Court: AIT
Date: 01-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA279792013,

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Filed under Immigration

IA265572013; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA265572013,

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Filed under Immigration

IA262592013; AIT 20-Jun-2014

Court: AIT
Date: 20-Jun-2014
Links: Bailii,
References: [2014] UKAITUR IA262592013,

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Filed under Immigration

IA260482013; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA260482013,

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Filed under Immigration

IA259212013; AIT 5-Aug-2014

Court: AIT
Date: 05-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA259212013,

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Filed under Immigration

IA256032013; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA256032013,

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Filed under Immigration

IA255182013; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA255182013,

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Filed under Immigration

IA249652013 & IA249532013; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA249652013,

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Filed under Immigration

IA248232013; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA248232013,

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Filed under Immigration

IA246822013; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA246822013,

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Filed under Immigration

IA242522012; AIT 17-Jul-2014

Court: AIT
Date: 17-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA242522012),

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Filed under Immigration

IA237212013 & IA237162013; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA237212013,

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Filed under Immigration

IA232472013; AIT 17-Jul-2014

Court: AIT
Date: 17-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA232472013,

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Filed under Immigration

IA229542012 and Others; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA229542012),

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Filed under Immigration

IA223882013; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA223882013,

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Filed under Immigration

IA223632013; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA223632013,

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Filed under Immigration

IA220402013; AIT 1-Jul-2014

Court: AIT
Date: 01-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA220402013,

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Filed under Immigration

IA213602013; AIT 20-Jun-2014

Court: AIT
Date: 20-Jun-2014
Links: Bailii,
References: [2014] UKAITUR IA213602013,

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Filed under Immigration

IA191852013; AIT 5-Aug-2014

Court: AIT
Date: 05-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA191852013,

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Filed under Immigration

IA185132013; AIT 5-Aug-2014

Court: AIT
Date: 05-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA185132013,

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Filed under Immigration

IA182662013 & IA182722013; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA182662013,

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Filed under Immigration

IA153242014; AIT 19-Aug-2014

Court: AIT
Date: 19-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA153242014,

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Filed under Immigration

IA145842013; AIT 5-Aug-2014

Court: AIT
Date: 05-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA145842013,

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Filed under Immigration

IA139982013; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA139982013,

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Filed under Immigration

IA138272013; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA138272013,

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Filed under Immigration

IA124622013; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA124622013,

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Filed under Immigration

IA097112014; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA097112014,

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Filed under Immigration

IA095882013; AIT 5-Aug-2014

Court: AIT
Date: 05-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA095882013,

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Filed under Immigration

IA058822014; AIT 2-Jul-2014

Court: AIT
Date: 02-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA058822014,

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Filed under Immigration

IA056952013; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA056952013,

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Filed under Immigration

IA043702014; AIT 3-Jul-2014

Court: AIT
Date: 03-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA043702014,

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Filed under Immigration

IA043142014; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA043142014,

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Filed under Immigration

IA041802014; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA041802014,

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Filed under Immigration

IA039962014; AIT 22-Jul-2014

Court: AIT
Date: 22-Jul-2014
Links: Bailii,
References: [2014] UKAITUR IA039962014,

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Filed under Immigration

IA034952014; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA034952014,

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Filed under Immigration

IA018462014; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR IA018462014,

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Filed under Immigration

Hrvatski Lijecnicki Sindikat -v- Croatia; ECHR 27-Nov-2014

Court: ECHR
Date: 27-Nov-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 36701/09 - Chamber Judgment, [2014] ECHR 1337

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Filed under Human Rights

Ali -v- Lane and Another; CA 21-Nov-2006

The parties disputed the boundary between their neighbouring plots of land.
Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it is permissible to have regard to extrinsic evidence, including, possibly, evidence of subsequent conduct, subject always to that evidence being of probative value in determining what the parties intended. But is only to the extent that it is unclear that extrinsic evidence may have a place. New evidence had become available and might be admitted under Ladd as relaxed by Bubb, but even so it was not sufficient to justify a disturbance of the decision, and the appeal failed.
Carnwath L said: ‘Watcham remains good law within the narrow limits of what it decided. In the context of a conveyance of land, where the information contained in the conveyance is unclear or ambiguous, it is permissible to have regard to extraneous evidence, including evidence of subsequent conduct, subject always to that evidence being of probative value in determining what the parties intended.’

Court: CA
Date: 21-Nov-2006
Judges: Lord Justice Waller VP, Lord Justic Carnwath and Lord Justice Maurice Kay
Links: Bailii,
References: [2006] EWCA Civ 1532, Times, 04-Dec-2006, [2007] 1 EGLR 71, [2007] 1 P & CR 26, [2007] 2 EG 126
Cases Cited:
Cited By:

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Filed under Land

Local Government Board -v- Arlidge; HL 1914

A right of appeal against the exercise of a statutory authority requires no general right to an oral hearing before an administrative decision maker, and a hearing on the papers may be perfectly fair for legal purposes.
Lord Shaw said: ‘The words ‘natural justice’ occur in arguments and sometimes in judicial pronouncements in such cases. My Lords, when a central administrative board deals with an appeal from a local authority it must do its best to act justly, and to reach just ends by just means. If a statute prescribes the means it must employ them. If it is left without express guidance it must still act honestly and by honest means. In regard to these certain ways and methods of judicial procedure may very likely be imitated; and lawyer-like methods may find especial favour from lawyers. But that the judiciary should presume to impose its own methods on administrative or executive officers is a usurpation. And the assumption that the methods of natural justice are ex necessitate those of Courts of justice is wholly unfounded. This is expressly applicable to steps of procedure or forms of pleading. In so far as the term ‘natural justice’ means that a result or process should be just, it is a harmless though it may be a high-sounding expression; in so far as it attempts to reflect the old jus naturale it is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions; and, in so far as it is resorted to for other purposes, it is vacuous.’

Court: HL
Date: 01-Jan-1914
Judges: Lord Shaw
References: [1915] AC 120, [1914-15] All ER 1, 30 TLR 672
Cited By:

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Filed under Administrative, Natural Justice

Horncastle And Others -v- The United Kingdom; ECHR 16-Dec-2014

The applicants alleged that the admission of witness statements at their trial rendered the proceedings unfair.

Court: ECHR
Date: 16-Dec-2014
Judges: Ineta Ziemele, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 4184/10 - Chamber Judgment, [2014] ECHR 1394

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Filed under Criminal Evidence, Human Rights

Hinkley -v- Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook; EAT 18-Mar-2002

EAT Contract of Employment – Breach of Contract
The appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings.
Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as to the date of commencement and termination of her employment. The decision could not stand. She sought further payments due under the contract for sale of the business. The tribunal had concluded it did not have jurisdiction to hear such a claim. That was in error. The payments were denied under the alleged termination of her employment, and so were within the jurisdiction of the tribunal. The claims for sex discrimination and victimisation were out of time, and no exceptional reasons could be found for extending the time for the claim.

Court: EAT
Date: 18-Mar-2002
Judges: The Honourable Mr Justice Holland
Statutes: Employment Rights Act 1996 94(1), Employment Tribunals Extension of Jurisdiction Order 1994 3, Employment Tribunals Act 1996
Links: EAT,
References: EAT/0346/01,

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Filed under Employment

Hassan And Others -v- France; ECHR 4-Dec-2014

Court: ECHR
Date: 04-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 46695/10 54588/10 - Chamber Judgment, [2014] ECHR 1355

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Filed under Human Rights

Hall -v- United Kingdom; ECHR 12-Nov-2013

Court: ECHR
Date: 12-Nov-2013
Judges: Ineta Ziemele, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 24712/12, [2013] ECHR 1369,

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Filed under Human Rights, Prisons

Guler And Ugur -v- Turkey; ECHR 2-Dec-2014

Court: ECHR
Date: 02-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 33088/10 - Chamber Judgment, [2014] ECHR 1342, 31706/10

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Filed under Human Rights

Guest Zrt -v- Hungary; ECHR 11-Jun-2013

Court: ECHR
Date: 11-Jun-2013
Statutes: European Convention on Human Rights
Links: Bailii,
References: 36999/08 - Committee Judgment, [2013] ECHR 526

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Filed under Human Rights

Green Farm Fresh Foods; IPO 20-Aug-2014

Trade Mark: Opposition

Court: IPO
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKIntelP o37414,

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Filed under Intellectual Property

Geisterfer -v- The Netherlands; ECHR 9-Dec-2014

The applicant alleged a violation of Article 5 of the Convention in that, following the suspension of his detention on remand, he had been re-detained on insufficient grounds.

Court: ECHR
Date: 09-Dec-2014
Judges: Josep Casadevall, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 15911/08 - Chamber Judgment, [2014] ECHR 1369

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Filed under Human Rights, Police

Emel Boyraz -v- Turkey; ECHR 2-Dec-2014

Court: ECHR
Date: 02-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 61960/08 - Chamber Judgment, [2014] ECHR 1344

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Filed under Human Rights

Dmitrijevs -v- Latvia; ECHR 16-Dec-2014

Court: ECHR
Date: 16-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 49037/09 - Chamber Judgment, [2014] ECHR 1397

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Filed under Human Rights

Dimcho Dimov -v- Bulgaria; ECHR 16-Dec-2014

Court: ECHR
Date: 16-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 57123/08 - Chamber Judgment, [2014] ECHR 1399

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Filed under Human Rights

DAsta -v- Italy; ECHR 16-Dec-2014

Court: ECHR
Date: 16-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 26010/04 - Committee Judgment, [2014] ECHR 1400

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Filed under Human Rights

DA024672013; AIT 20-Aug-2014

Court: AIT
Date: 20-Aug-2014
Links: Bailii,
References: [2014] UKAITUR DA024672013,

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Filed under Immigration

Cooper-Hohn -v- Hohn; FD 12-Dec-2014

The court made orders in respct of an application for financial relief by W of the parties’ divorce.

Court: FD
Date: 12-Dec-2014
Judges: Roberts J
Links: Bailii,
References: [2014] EWHC 4122 (Fam),

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Filed under Family

Chbihi Loudoudi And Others -v- Belgium; ECHR 16-Dec-2014

Court: ECHR
Date: 16-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 52265/10 - Chamber Judgment, [2014] ECHR 1393

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Filed under Human Rights

92 Horseferry Road – Tower Hamlets : London; LVT 5-Aug-2011

LVT (Service Charges)

Court: LVT
Date: 05-Aug-2011
Links: Bailii,
References: [2011] EWLVT LON_LV_SVC_00BG_0

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Filed under Landlord and Tenant

4 Stanford Terrace Station Approach West – Mid Sussex : Midland : Birmingham; LVT 20-Mar-2007

LVT Service Charges

Court: LVT
Date: 20-Mar-2007
Links: Bailii,
References: [2007] EWLVT CHI_LV_SVC_45UG_0

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Filed under Landlord and Tenant

Mustafa Kamal Mustafa (Abu Hamza) (No. 1) -v- The United Kingdom; ECHR 18-Jan-2011

Court: ECHR
Date: 18-Jan-2011
Statutes: European Convention on Human Rights
Links: Bailii,
References: 31411/07, [2011] ECHR 211,

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Filed under Human Rights

Salmon, Regina (on the application of) -v- Feltham Magistrates Court & Another; Admn 28-Nov-2008

The defendant appealed against a council tax liability order.

Court: Admn
Date: 28-Nov-2008
Judges: Stadlen J
Links: Bailii,
References: [2008] EWHC 3507 (Admin),

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Filed under Magistrates

Taylor Tunicliffe Ltd -v- Customs & Excise; VDT 31-Oct-2003

VDT BAD DEBT RELIEF – notification of bad debt relief claim not given to debtors as required by regulations – claim time-barred after 3 years 6 months – discretion of Commissioners to waive compliance with regulations not exercised – tribunal powerless to intervene – appeal dismissed

Court: VDT
Date: 31-Oct-2003
Links: Bailii,
References: [2003] UKVAT V18378,

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Filed under VAT

Regina -v- Wolverhampton Stipendiary Magistrate ex parte Mould; QBD 30-Dec-1992

Community charge debtor had a right to a friend’s assistance in court.

Court: QBD
Date: 30-Dec-1992
Links: Independent,
References:

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Filed under Magistrates

Nokia Corporation -v- Stone; Nom 21-Dec-2001

Court: Nom
Date: 21-Dec-2001
Links: Bailii,
References: [2001] DRS 68,

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Filed under Intellectual Property

Wood -v- Revenue & Customs; FTTTx 1-Dec-2014

FTTTx Excise duties – tobacco imports – whether for private use – seizure not challenged – jurisdiction of Tribunal – Customs and Excise Management Act 1979, Sched 3, para 5 – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – Strike-out granted

Court: FTTTx
Date: 01-Dec-2014
Statutes: Customs and Excise Management Act 1979, Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 8
Links: Bailii,
References: [2014] UKFTT 1066 (TC),

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Filed under Custms and Excise

Weddle -v- Revenue & Customs; FTTTx 1-Dec-2014

FTTTx Excise duties – tobacco imports – whether for private use – seizure not challenged – jurisdiction of Tribunal – Customs and Excise Management Act 1979, Sched 3, para 5 – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – Strike-out granted

Court: FTTTx
Date: 01-Dec-2014
Links: Bailii,
References: [2014] UKFTT 1065 (TC),

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Filed under Customs and Excise

Tudapetrol Mineralolerzeugnisse Nils Hansen -v- Commission; ECFI 12-Dec-2014

ECJ (Judgment) Competition – Agreements – paraffin waxes market – Coordination and price increases – Price fixing – Guidelines for calculating the amount of the 2006 Fines – Rights of the defense – Proof of infringement – Limitation

Court: ECFI
Date: 12-Dec-2014
Links: Bailii,
References: T-550/08, [2014] EUECJ T-550/08

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Filed under European

Tower Mcashback 3 Llp -v- Revenue & Customs; FTTTx 5-Dec-2014

FTTTx PROCEDURE – application to reinstate appeals that had been withdrawn – application refused

Court: FTTTx
Date: 05-Dec-2014
Links: Bailii,
References: [2014] UKFTT 1081 (TC),

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Filed under Taxes Management

TBA Suntra UK Ltd -v- Revenue & Customs; FTTTx 3-Dec-2014

FTTTX CUSTOMS DUTY- failure to accurately complete import documentation- duty assessed on subsequent review after a delay of over three years- form EUR1 said to be invalid as submitted after 10 months from importation- whether duty on HMRC to check the accuracy of import documentation- no; whether liability to duty arises despite the submission of EUR1 at the date of importation- no; review decision flawed as failed to take account of the fact of submission of EUR1.

Court: FTTTx
Date: 03-Dec-2014
Links: Bailii,
References: [2014] UKFTT 1076 (TC),

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Filed under Customs and Excise

Regina -v- Horseferry Road Magistrates Court ex parte Director of Public Prosecutions (Case of Okiya); Admn 30-Oct-1996

The court considered what were the circumstances under which the Divisional Court should exercise its discretion to quash the decision of the magistrates to assume jurisdiction rather than to commit a case for trial.

Court: Admn
Date: 30-Oct-1996
Links: Bailii,
References: [1996] EWHC Admin 172,
Cited By:

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Filed under Criminal Practice, Magistrates