AS and others (Sikh, Risk on Return, KK Followed) Afghanistan; IAT 31-Dec-2004

IAT Appeals from decisions of adjudicators, either dismissing or allowing asylum and human rights appeals by Sikh citizens of Afghanistan. The relevant point of law is whether the adjudicator’s decision was in accordance with the view since reached by the Tribunal on the situation facing such persons on return, regardless of their personal history or circumstances, in KK [2004] UKIAT 00258, described by the Tribunal in the course of that decision as ‘the irreducible minimum case’. It is neither desirable nor in accordance with the law for there to be different competing views amongst the appellate authorities on such cases, whether or not there was any apparent error of law on the face of the adjudicator’s decision as and when given: see Shirazi [2003] EWCA Civ 1562.

Court: IAT
Date: 31-Dec-2004
Judges: John Freeman VP
Links: Bailii,
References: [2004] UKIAT 00333,

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Filed under Immigration

AR (Christians, Risk In Kabul) Afghanistan; IAT 4-Feb-2005

The Appellant, from Afghanistan, has appealed against a determination dismissing his appeal on asylum and human rights grounds against the Respondent’s decision to give directions for his removal from the United Kingdom as an illegal entrant.

Court: IAT
Date: 04-Feb-2005
Judges: Gill VP
Links: Bailii,
References: [2005] UKIAT 00035,

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Filed under Immigration

Ahmed, Regina (on the Application Of) -v- Immigration Appeal Tribunal; CA 26-Apr-2004

Appeal against rejection of asylum appeal.

Court: CA
Date: 26-Apr-2004
Judges: Keene LJ, Bennett J
Links: Bailii,
References: [2004] EWCA Civ 552,

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Filed under Immigration

AA137682011; AIT 1-Jul-2013

Court: AIT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] UKAITUR AA137682011),

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Filed under Immigration

AA113652012; AIT 1-Jul-2013

Court: AIT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] UKAITUR AA113652012),

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Filed under Immigration

AA107692012, AA107712012, AA107732012, AA107742012; AIT 1-Jul-2013

Court: AIT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] UKAITUR AA107692012),

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Filed under Immigration

AA084632012; AIT 28-Jun-2013

Court: AIT
Date: 28-Jun-2013
Links: Bailii,
References: [2013] UKAITUR AA084632012),

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Filed under Immigration

AA037542012; AIT 1-Jul-2013

Court: AIT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] UKAITUR AA037542012),

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Filed under Immigration

AA023782013; AIT 28-Jun-2013

Court: AIT
Date: 28-Jun-2013
Links: Bailii,
References: [2013] UKAITUR AA023782013,

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Filed under Immigration

28 Hill Street – Westminster : London; LVT 1-Jul-2013

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

Court: LVT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_HEL_00BK_0

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Filed under Landlord and Tenant

Thompson -v- Revenue & Customs; VDT 12-Dec-2006

VDT Reasonable excuse appeal

Court: VDT
Date: 12-Dec-2006
Links: Bailii,
References: [2006] UKVAT V19954,

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Filed under VAT

M Rohde Construction -v- Markham-David; TCC 20-Mar-2006

Court: TCC
Date: 20-Mar-2006
Judges: Mr Justice Jackson
Statutes: Housing Grants, Construction and Regeneration Act 1996
Links: Bailii,
References: [2006] EWHC 814 (TCC),

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Filed under Construction

Smith -v- Vanger Colgay; 1653

An administrator may maintain an action for trespass in the lifetime of the intestate.

Date: 01-Jan-1653
Links: Commonlii,
References: [1653] EngR 1821, (1653) Cro Eliz 384, (1653) 78 ER 630 (C)

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Filed under Torts - Other, Wills and Probate

National Museums and Galleries On Merseyside (Trustees of) -v- AEW Architects and Designers Ltd; TCC 1-Jul-2013

Court: TCC
Date: 01-Jul-2013
Judges: Akenhead J
Links: Bailii,
References: [2013] EWHC 2403 (TCC),

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Filed under Construction, Professional Negligence

LA -v- ML and Others; FD 28-Jun-2013

This case concerns the jurisdiction to determine care proceedings concerning a young boy, nearly 5 years old following his being taken into police protection due to injuries (including bruising) being observed on the Child’s back at school, which he indicated had been caused by his step father.

Court: FD
Date: 28-Jun-2013
Judges: Theis DBE J
Links: Bailii,
References: [2013] EWHC 2062 (Fam),

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Filed under Children

Gibson -v- Robb; SCSf 26-Apr-2004

Dispoute between parties formerly sharing accomodation

Court: SCSf
Date: 26-Apr-2004
Judges: Sheriff Principal MacPhail QC
Links: ScotC, Bailii,
References: [2004] ScotSC 30,

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Filed under Housing, Scotland

Flanagan -v- Britvic (NI) Plc and Another; QBNI 28-Jun-2013

Whether the Plaintiff should be permitted to give her evidence by affidavit or video link, rather than in person, upon the substantive hearing of her claim for damages against the Defendant.

Court: QBNI
Date: 28-Jun-2013
Judges: McCloskey J
Links: Bailii,
References: [2013] NIQB 73,

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Filed under Litigation Practice, Northern Ireland

BBC (Decision Notice); ICO 1-Jul-2013

ICO The complainant has requested information concerning meetings and correspondence with a named individual before and after a Question Time programme. The BBC explained the information was covered by the derogation and excluded from the FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall inside the FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 1 – Complaint Not upheld

Court: ICO
Date: 01-Jul-2013
Links: Bailii,
References: [2013] UKICO FS50494046,

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Filed under Information

AA019572012; AIT 28-Jun-2013

Appeal against refusal of asylum and finding that he had placed himself outside protection.

Court: AIT
Date: 28-Jun-2013
Judges: King TD UTJ
Links: Bailii,
References: [2013] UKAITUR AA019572012),

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Filed under Immigration

AA006442013; AIT 1-Jul-2013

Appeal against orders refusing asylum claim and for removal.

Court: AIT
Date: 01-Jul-2013
Judges: Martin UTJ
Links: Bailii,
References: [2013] UKAITUR AA006442013,

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Filed under Immigration

A -v- General Medical Council; Admn 26-Apr-2004

Application for judicial review of dismissal of claim of failures by a doctor to diagnose ME.

Court: Admn
Date: 26-Apr-2004
Judges: Charles J
Links: Bailii,
References: [2004] EWHC 880 (Admin),

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Filed under Health Professions

Somerset -v- Markham; 1653

Prohibition, to stay a suit in the Admiralty Court. It was agreed per Curiam, that if one sued in the Spiritual Court for a matter whereof they have jurisdiction, and therein a plea is pleaded, which is triable at the common law ; yet if they will allow the plea, they shall have jurisdiction thereof, and try it; otherwise a prohibition lieth.
It was also heId, that if one answers to a suit in the Spiritual Court, and suffers sentence to pass agairmt him, he never shall have a prohibition: and if he brings an appeal, the defendant in the appeal shall not have a prohibition. And this was the principal case here, and ruled accordingly.

Date: 01-Jan-1653
Links: Commonlii,
References: [1653] EngR 1833, (1653) Cro Eliz 594, (1653) 78 ER 838 (A)

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Filed under Ecclesiastical, Transport

Regina -v- Hardy (Brian); Regina -v- Hardy (Danny); CACD 31-Oct-2002

Police working undercover were asked to use mobile telephones. They recorded their conversations. At trial the defendants asked for the details of the authorisation for the interception of the communications, but were given only part information before the intercepts were admitted. They appealed against the conviction.
Held: The recordings of their own telephone conversations by the officers were not interceptions. No third party was listening in on a conversation between others. They could have given evidence as to the content of the conversations, and taken notes, and the recordings corroborated the officer’s account.
Tape recording by undercover officers of telephone conversations with the Appellants was not an interception of the communication in the course of its transmission within the meaning of section 2(2) RIPA, but was the same as the secret recording by the officer of the conversation whilst meeting the suspect face to face.

Court: CACD
Date: 31-Oct-2002
Judges: Rose LJ, Hughes, Royce JJ
Statutes: Regulation of Investigatory Powers Act 2000 2(2)
Links: Bailii,
References: Times, 18-Nov-2002, Gazette, 19-Dec-2002, [2002] EWCA Crim 3012
Cited By:

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Filed under Criminal Evidence

Nippon Seiko KK -v- Council of The European Communities; ECJ 17-Dec-1984

ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon to obtain them establish a prima facie case for granting them. In addition there must be urgency in the sense that it is necessary for the measures to be issued and to take effect before the decision of the court on the substance of the case in order to avoid serious and irreparable damage to the party seeking them. Finally, they must be provisional in the sense that they do not prejudge the decision on the substance of the case.

Court: ECJ
Date: 17-Dec-1984
References: C-258/84,

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Filed under European

Kokkini -v- Greece; ECHR 17-Feb-2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected.

Court: ECHR
Date: 17-Feb-2005
Links: Worldlii, Bailii,
References: 33194/02, [2005] ECHR 112,

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Filed under Human Rights

Heineken Brouwerijen BV -v- Hoofdproductschap Akkerbouw; ECJ 13-Jan-2005

Cereals – Import regime – Community tariff quota for barley for malting – Discrimination

Court: ECJ
Date: 13-Jan-2005
Links: Bailii,
References: C-126/04, [2005] EUECJ C-126/04

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Filed under Agriculture, European

Browning And Denham; 1685

In indebitatus of Pasch. last, the defendant pleaded that post exhib. billae, viz. the 12th of February (which was before) that here was an accord that the defendant should pay to the plaintiff on the said 12th of February 20l. Which he had paied on the said day ; to which the plaintiff demurred, & per Curiam though the viz. be void, yet the plea in bar is ill, for the accord could never be executed on a day precedent to the making, &c. and judgment for the plaintiff.

Date: 01-Jan-1685
Links: Commonlii,
References: [1685] EngR 505, (1685) 3 Keb 786, (1685) 84 ER 1012 (A)

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Filed under Contract

(Un-named); SSCS 7-Feb-2005

housing and council tax benefit – appeal against the decision of the appeal tribunal setting aside the decision of the tribunal for error of law and, because matters of evidence and fact are in issue, remit the case for rehearing before a differently constituted tribunal

Court: SSCS
Date: 07-Feb-2005
Links: Bailii,
References: [2005] UKSSCSC CH_1231_2004,

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Filed under Benefits

Seldon Mews, Seldon Road Part Poplar Street – York : Northern : Manchester; LVT 28-Jun-2013

LVT Service Charges

Court: LVT
Date: 28-Jun-2013
Links: Bailii,
References: [2013] EWLVT MAN_LV_SVC_00FF_0

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Filed under Landlord and Tenant

Regina -v- E; CACD 26-Apr-2004

The court was asked as to the permissibility of admitting covert recordings of the accused’s car by investigating officers, which recorded the accused’s words as they spoke into their telephones. The defendants said that this amount to interception of the calls.
Held: If what happened was interception, evidence of the content of any telephone calls is rendered inadmissible by section 17(1)(a). However: ‘the natural meaning of the expression ‘interception’ denotes some inference or abstraction of the signal, whether it is passing along wires or by wireless telegraphy, during the process of transmission. The recording of a person’s voice, independently of the fact that at the time he is using a telephone, does not become interception simply because what he says goes not only go into the recorder, but, by separate process, is transmitted by a telecommunications system.’
RIPA should be construed, if possible, so as to comply with Article 8, European Convention on Human Rights and the relevant Directives.

Court: CACD
Date: 26-Apr-2004
Judges: Rose VP CACD LJ, Hughes, Gloster JJ
Statutes: Criminal Procedure and Investigations Act 1996 29, Regulation of Investigatory Powers Act 2000, Directive 97/66, Police Act 1997 92
Links: Bailii,
References: [2004] EWCA Crim 1243, [2004] 1 WLR 3279, [2004] 2 Cr App R 29
Cases Cited:
Cited By:

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Filed under Criminal Evidence, European, Human Rights, Police

McLeod and others -v- London General Transport Services Ltd; EAT 26-Apr-2004

Collectively agreed terms and conditions of employment – incorporation by custom and practice – acquiescence – unauthorised deductions from wages.

Court: EAT
Date: 26-Apr-2004
Judges: Peter Clark HHJ
Links: Bailii,
References: [2004] UKEAT 0973_03_2604,

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Filed under Employment

McCullim and others -v- Customs and Excise; Excs 7-Feb-2005

Excs EXCISE DUTY – refusal to restore excise goods including 18 kilograms of hand rolling tobacco and 24,860 cigarettes imported by the three Appellants – the Appellants claimed that the goods were not liable to forfeiture and proceedings were commenced in the magistrates court – those proceedings had not been heard at the date of the hearing of these appeals – whether the tribunal had jurisdiction to decide whether the goods were held for the personal use of the Appellants – in these appeals no – whether if the tribunal had that jurisdiction the goods were held for the personal use of the Appellants – no – whether the disputed decision was a reasonable decision – yes – appeals dismissed – Council Directive (EEC) No 92/12 Arts 7 to 9; The Excise Goods, Beer and Tobacco Products (Amendment) Regulations 2002 SI 2002 No. 2691; Customs and Excise Management Act 1979 S 152(b); Finance Act 1994 Ss 14 to 16

Court: Excs
Date: 07-Feb-2005
Judges: Brice Ch
Links: Bailii,
References: [2005] UKVAT-Excise E00845,

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Filed under Customs and Excise

Marine Approach Castle Street – Cheshire West and Chester Unitary Authority : Northern : Manchester; LVT 28-Jun-2013

LVT No Fault Right To Manage

Court: LVT
Date: 28-Jun-2013
Links: Bailii,
References: [2013] EWLVT MAN_LV_NFR_00EW_0

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Filed under Landlord and Tenant

Flat A 18 John Ruskin Street – Southwark : London; LVT 1-Jul-2013

LVT Service Charges

Court: LVT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00BE_0

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Filed under Landlord and Tenant

Flat 25 Market Yard Mews, Rear – Southwark : London; LVT 28-Jun-2013

LVT Service Charges

Court: LVT
Date: 28-Jun-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00BE_0

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Filed under Landlord and Tenant

Addisland Court Holland Villas Road – Kensington and Chelsea : London; LVT 29-Jun-2013

LVT Service Charges

Court: LVT
Date: 29-Jun-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00AW_0

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Filed under Landlord and Tenant

89 London Road – Cheltenham : Midland : Birmingham; LVT 1-Jul-2013

LVT No Fault Right To Manage

Court: LVT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] EWLVT CHI_LV_NFR_23UB_0

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Filed under Landlord and Tenant

50 Old Dairy Close – Hart : Midland : Birmingham; LVT 1-Jul-2013

LVT Service Charges

Court: LVT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] EWLVT CHI_LV_SVC_24UG_0

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Filed under Landlord and Tenant

48B Northcote Road – Croydon : London; LVT 1-Jul-2013

LVT Service Charges

Court: LVT
Date: 01-Jul-2013
Links: Bailii,
References: [2013] EWLVT LON_LV_SVC_00AH_0

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Filed under Landlord and Tenant

Regina -v- Effik; Same -v- Micthell; CACD 23-Mar-1992

The police had unlawfully intercepted telephone calls made by the defendant.
Held: The evidence had been properly admitted notwithstanding its unlawful origins.

Court: CACD
Date: 23-Mar-1992
Judges: Steyn LJ
Statutes: Interception of Communications Act 1985 9
References: [1992] 95 Cr App 427, Times, 23-Mar-1992
Cases Cited:
Cited By:

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Filed under Criminal Evidence

Patching -v- Dubbins; 1853

The purchase-deed of a house in a terrace contained a covenant on the part of the vendor, unexplained by any recital, that no building should be erected on any part of the land of the vendor lying on the east side of the said terrace and opposite to the plot of land thereby conveyed. The owners of the other houses had also similar covenants. Held, that the latter words were not merely descriptive of the position of the land, but restricted the general meaning of the former words ; and that the covenant applied only to that part of the land which lay immediately opposite, and was of the width of the plot conveyed.
The general rule that the construction must be taken most strongly against the grantor, modified by the necessity of giving effect to every word of the instrument, if it can reasonably be done.
According to Tulk v. Moxhay (2 Ph. 774), if parties purchase land with notice of a covenant concerning it, but which does not run with the land so as to bind them at law, equity will not permit them to do anything contrary to the true meaning of that covenant.
Delay in taking legal proceedings and other acts not amounting to acquiescence in the infringement of a right.
To deprive a Plaintiff of a legal right at the hearing of the cause a case of acquiescence must be shewn much stronger than such as would be a sufficient defence to an interlocutory application by him, and must amount not only to positive license, but to an implication of an actual grant.
A Plaintiff litigating a question depending upon the construction of a doubtful instrument, not being a will, if the construction be decided against him, must pay the costs of the suit.

Date: 01-Jan-1853
Links: Commonlii,
References: (1853) Kay 1, [1853] EngR 894, (1853) 69 ER 1
Cases Cited:
  • Tulk -v- Moxhay, , Considered, ((1848) 2 Ph 774, [1848] 1 H & TW 105, [1848] 18 LJ Ch 83, [1848] 13 LTOS 21, [1848] 13 Jur 89, [1848] 41 ER 1143 LC, (1848) 11 Beavan 571, Bailii, [1848] EWHC Ch J34, [1848] EngR 1005, Commonlii, (1848) 11 Beav 571, (1848) 50 ER 937, [1848] EngR 1059, Commonlii, (1848) 1 H & Tw 105, (1848) 47 ER 1345, [1848] EngR 1065, Commonlii, (1848) 41 ER 1143)

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Filed under Costs, Equity, Land

In re Telewest Communications Plc; ChD 26-Apr-2004

A scheme of arrangement had been proposed. The creditor complained that in providing for payment in a currency other than that agreed, it had been prejudiced.
Held: The provision in the scheme did purport to alter the claimant’s rights.

Court: ChD
Date: 26-Apr-2004
Judges: The Honourable Mr Justice David Richards
Statutes: Companies Act 1985 425(1)
Links: Bailii,
References: [2004] EWHC 924 (Ch), Times, 27-May-2004
Cases Cited:

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Filed under Company, Insolvency

ANR (Pakistan), Re Judicial Review; SCS 28-Jun-2013

Judicial Review of decisions of the Secretary of State for the Home Department to remove the petitioner from the UK

Court: SCS
Date: 28-Jun-2013
Judges: Lord Jones
Links: Bailii,
References: [2013] ScotCS CSOH_107,

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Filed under Scotland

Anon; 1568

Meade, Serjeant, moved this case at the bar: A man made a lease for years by indenture of a messuage and divers lands, with this clause in it, s. that if it happen the lessee to do any waste in and upon the premises, it shall be lawful for the lessor to re-enter &c. The lessee suffered the house to fall in for want of covering and repairs; Whether the lessor for this matter of negligent and permissive waste (which does not consist in feasance according to the words of the condition, which shall be taken strictly, and most strong against the lessor) may re-enter or not? And Welsh and Dyer thought prima facie that he might, for such waste is punishable by the statute of Gloucester [Marlborough, c. 23], the words of which are, ‘Vastum vendic’ seu destruction, facere de terris domibus &c.’ Also this word (any waste) is general and indifferent to either of the two kinds of waste, s. voluntary or negligent, &c. wherefore &c quaere.

Date: 01-Jan-1568
References: (1568) 3 Dyer 281b, 73 ER 632, Mich 10 and 11 Eliz
Cited By:

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Filed under Landlord and Tenant

Hemsworth, Re an Application for Judicial Review; QBNI 26-Apr-2004

This application for Judicial Review concerns the decision of the Legal Aid Department of 11 February 2002 on an application for legal aid under the green form scheme in connection with preparatory legal work for the Inquest into the death of the applicant’s husband. This application involves two broad attacks, the first being to the particular decision of 11 February 2002 and the second being to the compatibility of the green form scheme with the procedural requirements of Article 2 of the European Convention.

Court: QBNI
Date: 26-Apr-2004
Judges: Weatherup J
Links: Bailii,
References: [2004] NIQB 26,

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Filed under Coroners, Human Rights, Legal Aid, Northern Ireland

Regina -v- McDonald; 23-Apr-2002

Woolwich Crown Court. The court was asked to rule on the admissibility of evidence of with telephone calls recorded by external microphones.
Held: The offence under section 1 of the 2002 Act is committed by intercepting a transmission as it is carried in the system and that the system begins at point A, with the start of the transmission of electrical or electromagnetic energy into which the sound waves of the speaker have been converted, and ends at point B, when the energy ceases on being converted into sound waves by the receiver.

Date: 23-Apr-2002
Judges: Astill J
Statutes: Regulation of Investigatory Powers Act 2000 1
References: Unreported 23 April 2002,
Cited By:

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Filed under Criminal Evidence

Uzoho -v- Anglian Water Services Ltd; EAT 26-Apr-2004

EAT Unfair Dismissal, Constructive Dismissal
Race Discrimination (Direct)
Admissibility of evidence re: events preceding limitation cut-off in Race Relations Act claim – Evidence which related also to the Applicant’s constructive dismissal claim, based on a series of events leading to a ‘last straw’ alleged to amount to fundamental breach of the implied term of trust and confidence.

Court: EAT
Date: 26-Apr-2004
Judges: Peter Clark HHJ
Links: Bailii,
References: [2004] UKEAT 00915_03_2604,

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Filed under Employment

CCXIII The Queen And Sir John Savells Case; 1687

A bill of intrusion was exhibited by the Queen in the Exchequer against Sir Robert Savell Kt. who pleaded in bar her pretence, and upon issue joyned, the matter was tryed by the records, and tbereupon judgment was given for the Queen, and an injunction for the possession awarded accordingly. Sir Robert dyed, and now Sir John Savell, son and heir of the said Sir Robert brought a writ of error in the Exchequer Chamber upon the statute of 31 E. 3. the perclose of which writ was, ad grave damnum ipsius Johannis Savell filii & haeredis dicti Roberti. It was objected against the writ, that no writ of error upon the said statute of 31 E. 3. lay upon such proceedings which at the time of the making of the said statute was not in force : for tryal of an issue in the Exchequer by record, was enacted by the statute of 33 H. 8. and the statute of 31 E. 3. extended to give a writ of error upon such judgments which were given by verdict, confession, or demurrer, and not upon tryal by records, which was given but of late times. But to this objection it was answered by the Lord Chancellor, and the other Judges, that long time before the said stat. of 33 H. 8, issues joyned in the Exchequer have been tryed by the records ; and he, when he was the Queens Solicitor, had seen divers presidents to that intent in the time of Hen 6.

Date: 01-Jan-1687
Links: Commonlii,
References: [1687] EngR 837, (1687) 4 Leo 104, (1687) 74 ER 759 (B)

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Filed under Litigation Practice

Edmondson and Others -v- Regina; CACD 28-Jun-2013

The defendants appealed against convictions for conspiracy to intercept of telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is whether a voicemail message which was saved by the recipient on the voicemail facility of a public telecommunications system remained in the course of transmission. The appellants asserted that the words ‘in the course of transmission’ in section 1(1) of RIPA did not extend to cover voicemail messages once they had been accessed by the intended recipient.
Held: The appeals failed. The phrase covered not only the period before the message was received by equipment and stored, but also the time when it awaited actual receipt by the owner. Ths was put beyond doubt by the words of section 2(7): ‘there is nothing in the words ‘for storing it in a manner that enables the intended recipient . . otherwise to have access to it’ which suggests that this opportunity is limited by time or that it can only occur on a single occasion. On the contrary, the words suggest to us a continuing state of affairs. There is no basis for reading into the statutory language a limitation restricting it by reference to the first occasion when the intended recipient has access to it.’

Court: CACD
Date: 28-Jun-2013
Judges: Lord Judge LCJ, Lloyd Jones LJ, Openshaw J
Statutes: Regulation of Investigatory Powers Act 2000 1 2(7), Interception of Communications Act 1985, Directive 97/66/EC 5, Directive 2002/58/EC of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, Criminal Law Act 1977 1
Links: Bailii, WLRD,
References: [2013] EWCA Crim 1026, [2013] WLR(D) 262, (2013) 177 JP 513, [2014] 1 WLR 1119, [2013] 4 All ER 999, [2013] 2 Cr App R 32, [2013] 3 CMLR 51
Cases Cited:

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Filed under Crime

Chambers -v- Hubberd; 1653

If B man become bound upon a condition which is inscribed in the body of the bond, whether a declaration that he became bound cum conditione subscripta be good ?

Date: 01-Jan-1653
Links: Commonlii,
References: [1653] EngR 428, (1653) Cro Eliz 882, (1653) 78 ER 1107 (A)

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Filed under Contract

Lee -v- Markham; 1568

Counsel of the parties is not to be examined in the same cause.

Date: 01-Jan-1568
References: [1568] Toth 48, [1568] 21 ER 120

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Filed under Legal Professions

Creed -v- Trap; 1578

A Councellor or Solicitor not to be examined upon any matter which came to his knowledge as Solicitor or Councellr. Thomas Colwel was served with process to testify on the plaintiffs behalf, and had formerly been of Councel or Solicitor for the defendant in the matter in variance; Therefore ordered that Colweil shall not be examined upon any Interrogatories which shall compel him to discover any matter which came to his knowledge as a Solicitor or as of a Councel in this case ; But for any other matter it shall be lawful for the plaintiff to examine him. Creed plaintiff, Trap’s and others defendants. Anno 21. Eliz. [1578-79].

Date: 01-Jan-1578
Links: Commonlii,
References: [1578] EngR 22, (1578-79) Choyce Cases 121, (1578) 21 ER 74 (B)

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Filed under Legal Professions

Khans Solicitor (A Firm) -v- Chifuntwe and Another; CA 8-May-2013

The court may intervene to protect a claim by a solicitor on funds recovered by a client where (a) the paying party appeared to have colluding with the client to cheat the solicitor of his fees, or (b) the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.

Court: CA
Date: 08-May-2013
Judges: Rix, Ryder, Sedley LJJ
Links: Bailii, WLRD,
References: [2013] EWCA Civ 481, [2013] WLR(D) 167, [2013] 4 All ER 367, [2013] PNLR 29, [2013] 4 Costs LR 564, [2014] 1 WLR 1185

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Filed under Legal Professions

Standard Bank Plc -v- Via Mat International Ltd and Another; CA 3-May-2013

Aikens LJ said: ‘Overlong pleadings and written submissions . . which are manufactured by parties and their lawyers have become the bane of commercial litigation in England and Wales.’

Court: CA
Date: 03-May-2013
Judges: Moore-Bick, Aikens LJJ, David Richards J
Links: Bailii,
References: [2013] EWCA Civ 490,
Cited By:

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Filed under Litigation Practice

Shergill -v- Khaira and Others; CA 2-Oct-2012

Court: CA
Date: 02-Oct-2012
Judges: Mummery, Pitchford, Hooper LJJ
Links: Bailii,
References: [2012] EWCA Civ 1582,

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Filed under Costs

Scott -v- Scott; ChD 23-Aug-2012

The claimant and his brother were beneficiaries under a family trust. One brother now sought the removal of the other as trustee.

Court: ChD
Date: 23-Aug-2012
Judges: Behrens J
Links: Bailii,
References: [2012] EWHC 2397 (Ch),

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Filed under Trusts

Northumberland County Council -v- Secretary of State for the Environment; 1989

Date: 01-Jan-1989
References: (1989) 59 P & CR 468,
Cited By:

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Filed under Planning

Dramatico Entertainment Ltd and Others -v- British Sky Broadcasting Ltd and Others; ChD 2-May-2012

The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music.
Held:

Court: ChD
Date: 02-May-2012
Judges: Arnold J
Statutes: European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 8(3), Copyright, Designs and Patents Act 1988 97A
Links: Bailii,
References: [2012] EWHC 1152 (Ch),
Cases Cited:

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Filed under Intellectual Property, Media

Pease -v- Bulmers Logistics Ltd; CA 15-Dec-2011

Court: CA
Date: 15-Dec-2011
Judges: McFarlane LJ
Links: Bailii,
References: [2011] EWCA Civ 1684,

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Filed under Negligence, Road Traffic

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

Court: CCNI
Date: 01-Apr-2011
Links: Bailii,
References: [2011] NICC 14,

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Filed under Crime, Northern Ireland

Marlborough Court Pembroke Road – Kensington and Chelsea : London; LVT 25-Jul-2006

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

Court: LVT
Date: 25-Jul-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_HEL_00AW_0

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Filed under Landlord and Tenant

Sundridge House Burnt Ash Lane – Bromley : London; LVT 2-Jul-2008

LVT Variation of Leases

Court: LVT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] EWLVT LON_LV_VOL_00AF_0

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Filed under Landlord and Tenant

109 Eldon Road – Tandridge : Midland : Birmingham; LVT 2-Jul-2008

Flats – Enfranchisement & New Leases

Court: LVT
Date: 02-Jul-2008
Links: Bailii,
References: [2008] EWLVT CHI_LV_NFE_43UK_0

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Filed under Landlord and Tenant

Mathieson -v- Information Commissioner & Devon and Cornwall Constabulary; FTTGRC 11-Apr-2011

1. The Public Authority failed to deal with the Complainant’s request for information . . in accordance with the Freedom of Information Act 2000 in that it should have communicated the requested information to him;
2. The Public Authority is now required to communicate the requested information to him no later than 35 working days from the date of this decision.

Court: FTTGRC
Date: 11-Apr-2011
Statutes: Freedom of Information Act 2000 31
Links: Bailii,
References: [2011] UKFTT EA_2010_0174 (GRC

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Filed under Information

Middleton -v- Dundee City Council; SIC 8-Jan-2008

SIC Request for a copy of the investigation report regarding the failure of a glass
pane at the Wellgate Library, Dundee – report withheld under 35(1)(g) (read in
conjunction with 35(2)(e) and 35(2)(i)) of the Freedom of Information (Scotland)
Act 2002 – the Commissioner ordered the Council to disclose the report

Court: SIC
Date: 08-Jan-2008
Statutes: Freedom of Information (Scotland) Act 2002 35
Links: Bailii,
References: [2008] ScotIC 001_2008,

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Filed under Information, Scotland

Kleinwort Cohen and Company -v- The Cassa Marittima of Genoa; PC 18-Jan-1877

Ceylon

Court: PC
Date: 18-Jan-1877
Links: Bailii,
References: [1877] UKPC 3,

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Filed under Commonwealth

The English, Scottish and Australian Chartered Bank -v- Putwain and Another (Cargo Ex Gothenburg); PC 11-Jan-1877

(Vice Admiralty Court of Queensland)

Court: PC
Date: 11-Jan-1877
Links: Bailii,
References: [1877] UKPC 1,

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Filed under Commonwealth, Transport

The Attorney General for The Dominion of Canada -v- The Attorney General for The Province of Ontario and The Attorney General for The Province of Ontario; PC 9-Dec-1896

Canada

Court: PC
Date: 09-Dec-1896
Links: Bailii,
References: [1896] UKPC 51,

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Filed under Commonwealth

Stradivarius Espana -v- OHMI; ECFI 2-Jul-2008

ECJ Community trade mark opposition proceedings Application for Community figurative mark Stradivari 1715 Earlier Community figurative marks Stradivarius Reason refusal Relative risk of confusion Article 8, paragraph 1 b) of Regulation (EC) No 40/94

Court: ECFI
Date: 02-Jul-2008
Judges: Mme ME Martins Ribeiro, P
Statutes: Regulation (EC) No 40/94
Links: Bailii,
References: T-340/06, [2008] EUECJ T-340/06

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Filed under European, Intellectual Property

Long -v- Lord Bishop of Cape Town; PC 13-Feb-1863

Court: PC
Date: 13-Feb-1863
Links: Commonlii,
References: [1863] EngR 277, (1863) 1 Moo PC NS 411, (1863) 15 ER 756
Cited By:

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Filed under Comonwealth, Ecclesiastical

Stewart -v- Williamson; HL 29-Apr-1910

Appointment of Arbitrator

Court: HL
Date: 29-Apr-1910
Links: Bailii,
References: [1910] UKHL 2, 1910 1 SLT 326, 1910 SC (HL) 47, [1910] AC 455

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Filed under Arbitration, Scotland

North West Securities Ltd -v- Barrhead Coachworks Ltd; SCS 9-Jan-1976

Court: SCS
Date: 09-Jan-1976
Links: Bailii,
References: [1976] ScotCS CSOH_5,

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Filed under Scotland

A Mactaggart & Co -v- Harrower; SCS 20-Jul-1906

Court: SCS
Date: 20-Jul-1906
Links: Bailii,
References: [1906] ScotCS CSIH_1,

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Filed under Employment, Scotland

Lord Advocate -v- Clyde Navigation Trustees; SCS 1891

Court: SCS
Date: 01-Jan-1891
Links: Bailii,
References: [1891] ScotCS 2,

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Filed under Scotland

Ibex Worldwide Ltd -v- Revenue & Customs; VDT 2-Jul-2008

Reasonable excuse appeal.

Court: VDT
Date: 02-Jul-2008
Judges: Mitting C
Links: Bailii,
References: [2008] UKVAT V20730,

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Filed under VAT

Re L and M, (Minors); FDNI 2-Jul-2008

Application for care order

Court: FDNI
Date: 02-Jul-2008
Links: Bailii,
References: [2008] NIFam 10,

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Filed under Children, Northern Ireland

Middleton, Regina -v-; CACD 31-Jan-2008

Appeals against convictions for drugs and money laundering convictions.

Court: CACD
Date: 31-Jan-2008
Judges: Leveson LJ, Wilkie J, Beaumont QC HHJ Rec Lond
Links: Bailii,
References: [2008] EWCA Crim 233,

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Filed under Crime

Harvey Middleton Ltd -v- Revenue & Customs; VDT 20-Sep-2007

Reasonable excuse appeal

Court: VDT
Date: 20-Sep-2007
Links: Bailii,
References: [2007] UKVAT V20371,

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Filed under VAT

Middleton -v- CPS 2000 Limited; IHCS 24-Feb-2006

Court: IHCS
Date: 24-Feb-2006
Judges: Lord Drummond Young
Links: ScotC,
References:

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Filed under Scotland

Jameel -v- Times Newspapers Ltd; QBD 15-Jun-2005

Pre-trial review

Court: QBD
Date: 15-Jun-2005
Judges: Gray J
Links: Bailii,
References: [2005] EWHC 1219 (QB),

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Filed under Defamation

JJ Sprinkler Services Ltd -v- Customs & Excise; VDT 10-Oct-2003

Default Surcharges – no reasonable excuse – dismissed under Rule 19(4)

Court: VDT
Date: 10-Oct-2003
Links: Bailii,
References: [2003] UKVAT V18347,

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Filed under VAT

Shawton Engineering Ltd -v- DGP International Ltd and Another; CA 19-Dec-2003

Court: CA
Date: 19-Dec-2003
Judges: Gibson, Latham LJ, Sir Martin Nourse
Links: Bailii,
References: [2003] EWCA Civ 1956,
Cited By:

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Filed under Litigation Practice

Odar -v- Knight Securities International Limited & others; EAT 10-Oct-2003

EAT Practice and Procedure – Bias, misconduct and procedural irregularity
EAT Practice and Procedure – Bias, misconduct and procedural irregularity.

Court: EAT
Date: 10-Oct-2003
Judges: His Hon Judge Clark
Links: Bailii, Bailii, EATn,
References: EAT/304/03, [2003] EAT 0304_03_1010, [2003] UKEAT 0304_03_1010

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Filed under Employment

Rees-Davies -v- Lord Mayor & Citizens of the City of Westminster; LT 31-Dec-1994

Court: LT
Date: 31-Dec-1994
References: LRA/18/1994,
Cited By:

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Filed under Landlord and Tenant

Mathieson -v- Decision of Edinburgh Vat and Duties Tribunal and the Commissioners of Customs and Excise; SCS 6-May-1999

Court: SCS
Date: 06-May-1999
Judges: Lord MacFadyen
Links: Bailii, ScotC,
References: [1999] ScotCS 106,

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Filed under Scotland, VAT

Rahman -v- Benwell Properties Limited; R AChaudhery and N B Chaudhery; CA 17-Jul-1997

Damages for re-entry by forfeiture.

Court: CA
Date: 17-Jul-1997
Links: Bailii,
References: [1997] EWCA Civ 2133,

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Filed under Landlord and Tenant

Regina -v- McLeod; CA 14-Apr-1994

The cross-examination of a defendant on his previous convictions is intended to show as to his credibility as a witness and was not to be used to show propensity to commit the crime alleged.

Court: CA
Date: 14-Apr-1994
Links: Times,
References:

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Filed under Criminal Practice

Le Breton -v- Petrpodel Resources Ltd; QBD 1-Apr-2011

The claimant sought payment of various sums he said were due after leaving the employment by the defendant.

Court: QBD
Date: 01-Apr-2011
Judges: Havelock-Allan QC J
Links: Bailii,
References: [2011] EWHC 769 (QB),

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Filed under Company, Employment

Avanesov -v- Shymkentpivo; ComC 25-Feb-2015

Application by the Defendant to set aside a judgment entered in default of acknowledgement of service and a further judgment on an assessment of damages which together total some US$14.5 million inclusive of interest.

Court: ComC
Date: 25-Feb-2015
Judges: Popplewell J
Links: Bailii,
References: [2015] EWHC 394 (Comm),

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Filed under Litigation Practice

Devon and Cornwall Autistic Community Trust -v- The Cornwall Council; QBD 24-Feb-2015

Application to strike out claim alleging nderfunding of care and residential accomodatin

Court: QBD
Date: 24-Feb-2015
Judges: William Davies J
Links: Bailii,
References: [2015] EWHC 403 (QB),

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Filed under Contract

Startwell Ltd -v- Energie Global Brand Management Ltd and Another; QBD 23-Feb-2015

Allegation of breach of franchise agreement.

Court: QBD
Date: 23-Feb-2015
Judges: Warby J
Links: Bailii,
References: [2015] EWHC 421 (QB),

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Filed under Contract

Crane -v- Secretary of State for Communities and Local Government and Another; Admn 23-Feb-2015

Court: Admn
Date: 23-Feb-2015
Judges: Lindblom J
Links: Bailii,
References: [2015] EWHC 425 (Admin),

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Filed under Planning

Rawding -v- Seaga UK Ltd; CA 20-Feb-2015

Claim under guarantee of company’s trading liabilities.

Court: CA
Date: 20-Feb-2015
Judges: Lord Dyson MR, Tomlinson, Burnett LJJ
Links: Bailii,
References: [2015] EWCA Civ 113,

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Filed under Contract

Kassiopi Maritime Co Ltd -v- Fal Shipping CoLtd; ComC 19-Feb-2015

The claimants challenged an arbitration award on a demurrage claim relying on several questions of law as applied to a claim under the contract relating to disclosures f documents.

Court: ComC
Date: 19-Feb-2015
Judges: Hamblen J
Links: Bailii,
References: [2015] EWHC 318 (Comm),

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Filed under Arbitration, Transport

AB -v- CD; SCS 27-Feb-2015

‘AB seeks production and reduction of: (i) a decree in absence, which was pronounced against him in the sheriff court at Stirling on 10 June 2010 and extracted on 25 June 2010, whereby the court granted decree in favour of CD for payment to him by AB, in the sum of £150,000, together with interest and expenses; and (ii) a subsequent charge for payment’

Court: SCS
Date: 27-Feb-2015
Judges: Lord Jones
Links: Bailii,
References: [2015] ScotCS CSOH_24,

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Filed under Scotland

3, 4, 6, 9, 10, 12, 14, 15 Bevan View – Warrington : Northern : Manchester; LVT 27-Sep-2013

LVT Administration Charges

Court: LVT
Date: 27-Sep-2013
Links: Bailii,
References: [2013] EWLVT MAN_LV_ADC_00EU_0

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Filed under Landlord and Tenant

Gladman Developments Ltd -v- Stafford Borough Council; Admn 27-Feb-2015

Applications to quash parts of the respondents Plan.

Court: Admn
Date: 27-Feb-2015
Judges: Supperstone J
Links: Bailii,
References: [2015] EWHC 444 (Admin),

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Filed under Planning

X, Regina (on The Application of) -v- The Chief Constable of Y Police and Another; Admn 27-Feb-2015

‘The first defendant . . applies for an order that certain police records relating to the claimant (‘X’), a man aged 32, should be withheld from disclosure in these proceedings on the grounds of public interest immunity (‘PII’).’

Court: Admn
Date: 27-Feb-2015
Judges: Philli[ps J
Links: Bailii,
References: [2015] EWHC 484 (Admin),

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Filed under Police

Bevan Ashford (A Firm) -v- Malin; EAT 20-Dec-1994

Notice of duration of final warning was to be construed strictly as against the employer.

Court: EAT
Date: 20-Dec-1994
Links: Times, Bailii,
References: [1994] UKEAT 43_94_2012,

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Filed under Employment

Intercity Telecom Ltd and Another -v- Solanki; Merc 27-Feb-2015

claim for damages for breach of contract and database rights, delivery up of confidential information and injunctive relief against Mr Solanki, a former employee of the Claimants.

Court: Merc
Date: 27-Feb-2015
Judges: Simon Brown QC HHJ
Links: Bailii,
References: [2015] EWHC B3 (Mercantile),

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Filed under Commercial, Employment