Bham -v- 2Gether NHS Foundation Trust Gloucestershire; EAT 12-Sep-2014

EAT Practice and Procedure : Striking-Out/Dismissal – Bias, misconduct and procedural irregularity
The Employment Judge made a determination of time limit issues and struck out Further and Better Particulars at a Case Management Discussion. He should not have done so: see rule 17(2) of the Employment Tribunal Rules of Procedure 2004 then applicable. He should have considered (1) whether leave to amend was required in respect of any of the allegations in the Further and Better Particulars and (2) whether leave to amend should be granted, having regard to principles familiar from Selkent Bus Company v Moore [1996] ICR 836 and Ali v Office of National Statistics [2005] IRLR 201. Matter remitted for reconsideration along with other interlocutory issues presently in abeyance.

Court: EAT
Date: 12-Sep-2014
Judges: David Richardson HHJ
Statutes: Employment Tribunal Rules of Procedure 2004 17(2)
Links: Bailii,
References: [2014] UKEAT 0125_14_1209,

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Filed under Employment

Barts Health Trust -v- Kensington-Oloye; EAT 5-Sep-2014

EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – The Employment Tribunal made a single finding of unlawful race discrimination against the Respondent. It was, however, not open to the Employment Tribunal to make that finding having regard to the ET1 and the agreed issues. Appeal allowed.

Court: EAT
Date: 05-Sep-2014
Judges: David Richardson HHJ
Links: Bailii,
References: [2014] UKEAT 0137_14_0509,

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Filed under Discrimination, Employment

Contract Bottling Ltd -v- Cave and Another; EAT 18-Jul-2014

EAT Unfair Dismissal : Compensation- Polkey deduction
An ET held that a dismissal (held subsequently, on appeal, to be by reason of redundancy) was unfair because of wholesale failings in respect of selection of the two claimants for dismissal. A conclusion that there was no evidence on which it could make a Polkey deduction, which was in any event two speculative, was overruled on earlier appeal, and the matter remitted to the ET. This was an appeal against a finding of 20% deduction for which no sufficient reasons had been given.
The appeal was allowed on ground of insufficiency of reasons, with observations made about the calculation of Polkey awards as part of the calculation of future loss.
At the invitation of the parties, the EAT assessed the appropriate deduction, on such evidence as there was, as being 33%.

Court: EAT
Date: 18-Jul-2014
Judges: Langstaff P J
Links: Bailii,
References: [2014] UKEAT 0100_14_1807,

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Filed under Damages, Employment

The Farnham Pottery Trust, Trading As 318 Ceramics -v- Wright Media Solution; Nom 14-Jan-2014

Nom Summary Decision – Transfer

Court: Nom
Date: 14-Jan-2014
Links: Bailii,
References: [2014] DRS 13554,

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Filed under Intellectual Property

Fraser, Pease -v- Meehan; ScSf 12-Sep-2013

Court: ScSf
Date: 12-Sep-2013
Links: Bailii,
References: [2013] ScotSC 58,

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Filed under Scotland

VA560902007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR VA560902007,

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Filed under Immigration

VA288602007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR VA288602007,

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Filed under Immigration

VA016522007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR VA016522007,

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Filed under Immigration

OA526412006 & OA526442006 & OA526482006 & OA526522006 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR OA526412006,

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Filed under Immigration

TH502862003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR TH502862003,

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Filed under Immigration

TH497062003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR TH497062003,

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Filed under Immigration

IM010902004 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR IM010902004,

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Filed under Immigration

HX648002003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX648002003,

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Filed under Immigration

HX592722003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX592722003,

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Filed under Immigration

HX582802003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX582802003,

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Filed under Immigration

HX579632003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX579632003,

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Filed under Immigration

HX577172003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX577172003,

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Filed under Immigration

First & Second Floor Flat 8 East Dulwich Grove – Southwark : London; LVT 4-Oct-2012

LVT Forfeiture

Court: LVT
Date: 04-Oct-2012
Links: Bailii,
References: [2012] EWLVT LON_LV_FFT_00BE_0

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Filed under Landlord and Tenant

N and Scottish Ministers; SIC 4-Oct-2012

SIC Scottish implementation of the LS/CMI risk assessment tool – Mr N asked the Scottish Ministers (the Ministers) for the information they held on the Scottish implementation of the Level of Service/Case Management Inventory risk assessment tool. The Ministers advised Mr N that the cost of complying with the request would exceed £600 and that they were therefore not obliged to comply.
Following an investigation, the Commissioner accepted that cost of complying with the request would exceed £600. While she found that the Ministers had failed to respond to Mr N’s requirement for review in time, she did not require the Ministers to take any action.

Court: SIC
Date: 04-Oct-2012
Statutes: Freedom of Information (Scotland) Act 2002, The Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004
Links: Bailii,
References: [2012] ScotIC 160_2012),

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Filed under Information, Scotland

Ecotrade Europe Ltd T/A Beauty Works -v- Beautyworks; Nom 4-Oct-2012

Nom Summary Decision – Transfer

Court: Nom
Date: 04-Oct-2012
Links: Bailii,
References: [2012] DRS 11745,

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Filed under Intellectual Property

Ulster Bank -v- Dynes and Others; ChNI 4-Oct-2012

Court: ChNI
Date: 04-Oct-2012
Links: Bailii,
References: [2012] NICh 29,

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Filed under Northern Ireland

Russell -v- Revenue & Customs; FTTTx 4-Oct-2012

FTTTx Capital Gains Tax – Entrepreneurs’ Relief – disposal of land – material disposal of part of a business – no appeal dismissed

Court: FTTTx
Date: 04-Oct-2012
Links: Bailii,
References: [2012] UKFTT 623 (TC),

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Filed under Capital Gains Tax

Kaszowski -v- Regional Court In Rzeszow, Poland; Admn 4-Oct-2012

Court: Admn
Date: 04-Oct-2012
Links: Bailii,
References: [2012] EWHC 2871 (Admin),

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Filed under Extradition

Kaczanowski -v- The District Court of Zamosc, Poland; Admn 4-Oct-2012

Court: Admn
Date: 04-Oct-2012
Links: Bailii,
References: [2012] EWHC 2872 (Admin),

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Filed under Extradition

K, Regina (on The Application of) -v- Entry Clearance Officer Tashkent; Admn 4-Oct-2012

Court: Admn
Date: 04-Oct-2012
Links: Bailii,
References: [2012] EWHC 2875 (Admin),

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Filed under Immigration

Assuranceforeningen Gard Gjensidig -v- The International Oil Pollution Compensation Fund; ComC 17-Oct-2014

Challenge to jurisdition.

Court: ComC
Date: 17-Oct-2014
Judges: Hamblen J
Links: Bailii,
References: [2014] EWHC 3369 (Comm),

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Filed under Jurisdiction

NCN, Regina (on The Application of) -v- Secretary of State for The Home Department; Admn 17-Oct-2014

The claimant sought judicial review fo decisions:
‘i) The SSHD’s decision: a) to refuse to accept that the Claimant’s representations amounted to a fresh asylum/human rights claim per para 353 of the Immigration Rules and/or b) not to exercise her discretion under paragraph 353B to treat the Claimant’s case on an exceptional basis
ii) The SSHD’s decision to set removal directions in respect of the Claimant and to maintain those prior (it is alleged) to any or any proper and lawful consideration of representations. (The Claimant recognises that the order granting permission does not grant permission to challenge the decision to set removal directions in themselves. In addition the decision to set removal directions has long since passed and is now academic. If the claim fails then the SSHD will set new removal directions; if the claim succeeds the SSHD will not seek to remove pending the appeal.)
iii) The SSHD’s decision a) to refuse to accept the Claimant’s representations amounted to a fresh asylum/human rights claim, and b) the failure of the SSHD to exercise her discretion under paragraph 353B to treat the Claimant’s case on an exceptional basis.

Court: Admn
Date: 17-Oct-2014
Judges: Clive Heaton QC HHJ
Links: Bailii,
References: [2014] EWHC 3378 (Admin),

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Filed under Immigration

Jack Wills Ltd -v- House of Fraser (Stores) Ltd; ChD 31-Jan-2014

The court was asked as to the setxent to which a trade mark holder could limit the use of similar logos by a competitor embroidering a near replica on items of clothing.
Held: In this case they did infringe.

Court: ChD
Date: 31-Jan-2014
Judges: Arnold J
Links: Bailii,
References: [2014] EWHC 110 (Ch),

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Filed under Intellectual Property

HMRC -v- The Rank Group Plc; UTTC 4-Oct-2012

Taxation – whether gaming or betting

Court: UTTC
Date: 04-Oct-2012
Links: Bailii,
References: [2012] UKUT 347 (TCC),

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Filed under VAT

Evropaiki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis Kai Tilematikis Ae, -v- European Commission; ECJ 4-Oct-2012

ECJ Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2)

Court: ECJ
Date: 04-Oct-2012
Judges: J. Malenovsky, P
Links: Bailii,
References: C-629/11, [2012] EUECJ C-629/11

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Filed under European

Brightstar 20:20 UK Limited -v- Steve Fraser; Nom 11-Jun-2014

Nom Full Decision – Transfer

Court: Nom
Date: 11-Jun-2014
Links: Bailii,
References: [2014] DRS 14066,

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Filed under Intellectual Property

In Petition To The Nobile Officium By Owen Hood Against Her Majestys Advocate; HCJ 29-Jul-2014

Court: HCJ
Date: 29-Jul-2014
Judges: Lord Brodie
Links: Bailii,
References: [2014] ScotHC HCJAC_85,

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Filed under Crime, Scotland

Fraser and Another -v- Canterbury Diocesan Board of Finance; ChD 22-Feb-2000

Where land had been acquired under the Act on trusts related specifically to the provision of education in accordance with a specified religion, the abandonment by the school of that purpose meant that the land reverted immediately to the original donor. It was clear that the trust established was not merely for educational purposes where the religious element was incidental. That element was the purpose of the gift.

Court: ChD
Date: 22-Feb-2000
Statutes: School Sites Act 1841
Links: Times,
References:
Cited By:

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Filed under Ecclesiastical, Education, Land

Axa Insurance Co Ltd -v- Swire Fraser Ltd; CA 9-Dec-1999

Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied fundamentally different tests, and these tests had to be applied.

Court: CA
Date: 09-Dec-1999
Judges: Rix J
Statutes: Misrepresentation Act 1967 2(1)
Links: Times,
References: [2000] CLC 665,
Cases Cited:
Cited By:

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Filed under Litigation Practice, Torts - Other

Fraser -v- Winchester Health Authority; CA 12-Jul-1999

An authority sending a young and inexperienced worker on a camping holiday with very limited provisions and no instruction, was partially responsible when she changed a gas canister near a lighted candle causing an explosion and fire and consequential injury. She might have known better, but the provision of candles implied that she was to use them.

Court: CA
Date: 12-Jul-1999
Links: Times,
References:

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Filed under Negligence

Marwaha -v- Singh & Others; CA 6-Nov-2013

Court: CA
Date: 06-Nov-2013
Judges: Sir Terence Etherton Ch, Hallett, Sharp LJJ
Links: Baillii,
References: [2013] EWCA Civ 1878, [2014] PTSR 1166
Cases Cited:

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Filed under Charity, Company

Marwaha and Others -v- Singh and Others; ChD 18-Feb-2013

Court: ChD
Date: 18-Feb-2013
Links: Bailii,
References: [2013] EWHC B6 (Ch),
Cited By:

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Filed under Charity, Company

de Maudsley -v- Palumbo and Others; ChD 19-Dec-1995

The protection of confidentiality could be granted to an idea only once it was particularised into a definite product or which was capable of being put into practice. In order to attract confidence an idea must (a) contain some significant element of originality; (b) be clearly identifiable (as an idea of the confider); (c) be of potential commercial attractiveness; and (d) be sufficiently well developed to be capable of actual realisation.

Court: ChD
Date: 19-Dec-1995
Judges: Knox J
Links: Times,
References: [1996] FSR 447,
Cited By:

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Filed under Intellectual Property

Hristo Byankov -v- Glaven Sekretar Na Ministerstvo Na Vatreshnite Raboti; ECJ 4-Oct-2012

ECJ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person – Principle of legal certainty with regard to administrative acts which have become final – Principles of equivalence and effectiveness

Court: ECJ
Date: 04-Oct-2012
Judges: J.N. Cunha Rodrigues, P
Statutes: Directive 2004/38/EC 27
Links: WLRD, Bailii,
References: ECLI:EU:C:2012:608, [2013] QB 423, [2012] WLR(D) 269, [2013] 1 CMLR 15, [2013] 2 WLR 293, C-249/11, [2012] EUECJ C-249/11

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Filed under European, Immigration

Fortune -v- Fraser; IHCS 2-Feb-1994

No exception to prohibition to action quanti minoris on sale and lease.

Court: IHCS
Date: 02-Feb-1994
Links: Times,
References:

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Filed under Scotland

HX554082003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX554082003,

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Filed under Immigration

HX439572001 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX439572001,

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Filed under Immigration

HX426942003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX426942003,

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Filed under Immigration

HX413322003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX413322003,

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Filed under Immigration

HX340492003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX340492003,

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Filed under Immigration

HX338182003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX338182003,

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Filed under Immigration

HX305792003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX305792003,

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Filed under Immigration

HX279692003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX279692003,

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Filed under Immigration

HX211552003 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX211552003,

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Filed under Immigration

HX117582004 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX117582004,

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Filed under Immigration

HX090142004 (Unreported); AIT 16-Feb-2005

Court: AIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] UKAITUR HX090142004,

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Filed under Immigration

Marian Brzakala -v- Poland; ECHR 16-Feb-2005

Court: ECHR
Date: 16-Feb-2005
Statutes: European Convention on Human Rights
Links: Bailii,
References: 52677/09, [2005] ECHR 497,

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Filed under Human Rights

Moulden, Regina -v- (House of Lords Pronouncement); CACD 16-Feb-2005

Refusal of permission to appeal to House of Lords.

Court: CACD
Date: 16-Feb-2005
Judges: Clarke LJ, Gibbs, Stanley Burnton JJ
Links: Bailii,
References: [2005] EWCA Crim 374,

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Filed under Criminal Practice

Davies -v- London Borough of Haringey; QBD 17-Oct-2014

The claimant had been employed as a eaching assistant. She came to work with the union, eventually being released from her work full time to undertake the role within the union. The defendant suspended the claimant from her role for alleged breaches of the Borough’s Code of Conduct and Social Media Policy. The actions did not relate to her teaching. She said that only the school’s policy could be applicable, though she had not attended there since 2000. The school said that it had re-engaged all its current staff, and that the claimant had not applied to be re-employed.
Held: The claimant was within the category of ‘all permanent Council employees’, and did not fall within the exceptions which relate to staff working in schools. The defenant accordingly had power to suspend her.

Court: QBD
Date: 17-Oct-2014
Judges: Supperstone J
Statutes: Education Act 2002, School Staffing (England) Regulations 2009, Education (Modification of Enactments Relating to Employment) (England) Order 2003
Links: Bailii,
References: [2014] EWHC 3393 (QB),
Cases Cited:

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Filed under Education, Employment

Allders Department Stores Limited (In Administration) -In the Matter of the Insolvency Act 1986; ChD 16-Feb-2005

The Administrators sought directions in relation to the treatment of redundancy payments which will be due if the Administrators terminate the contracts of certain employees of the Companies.
Held: The liability of administrators to pay out for redundancy of unfair dismissal claims by employees during the period of administration was not a proper expense of the administration, and were not to be treated as preferential. Liabilities having priority to the claims of the administrators were wages of salary liabilities adopted after 14 days of appointment. Redundancy and unfair dismissal payments were not wages or salary within the schedule.

Court: ChD
Date: 16-Feb-2005
Judges: Mr Justice Collins
Statutes: Insolvency Act 1986 Sch 6
Links: Bailii,
References: [2005] EWHC 172 (Ch), Times, 02-Mar-2005

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Filed under Employment, Insolvency

Westminster City Council (Decision Notice); ICO 18-Feb-2005

ICO The complainant requested information relating to the maintenance of pavements by the council. The Council advised him that the information requested was not covered by the FOI Act. The notice required the Council to deal with the request and, if it was considered that the information was exempt, to issue a Refusal Notice.
Section of Act/EIR & Finding: FOI 17 – Complaint Upheld

Court: ICO
Date: 18-Feb-2005
Links: Bailii,
References: [2005] UKICO FS50059852,

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Filed under Information

Wychavon District Council -v- Secretary of State for the Environment and Another; CA 24-Oct-1994

The Secretary of State was entitled to a costs order whether or not matter of principle had arisen in the course of a planning appeal.

Court: CA
Date: 24-Oct-1994
Links: Ind Summary,
References: [1994] 64 P&CR 120,
Cases Cited:
Cited By:

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Filed under Costs, Planning

Wilson -v- Wychavon District Council and Another; Admn 20-Dec-2005

The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the stationing of a residential caravan, is correct. In those circumstances the ‘bright line’ rule in relation to dwellings only is in my view proportionate and a regime such as that for temporary stop notices is not required by considerations of proportionality. ‘ The section was not incompatible.

Court: Admn
Date: 20-Dec-2005
Judges: Crane J
Statutes: Town and Country Planning Act 1990 183(4), Human Rights Act 1998, Planning and Compulsory Purchase Act 2004 52, Town and Country (Temporary Stop Notice) (England) Regulations 2005
Links: Bailii,
References: [2005] EWHC 2970 (Admin), Times, 18-Jan-2006
Cases Cited:
Cited By:

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Filed under Discrimination, Human Rights, Planning

Hertfordshire County Council -v- W; FD 28-Oct-1992

Reasons are to be given by Justices even when making an interim care order.

Court: FD
Date: 28-Oct-1992
Links: Gazette,
References:

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Filed under Children

Wychavon District Council -v- Secretary of State for Environment and Another; QBD 7-Jan-1994

A Local Authority may not rely upon an unimplemented EC directive to make a claim, since it was not an individual.

Court: QBD
Date: 07-Jan-1994
Links: Times,
References:
Cited By:

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Filed under European, Local Government, Planning

Wychavon District Council -v- National Rivers Authority; QBD 16-Sep-1992

The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the occasion in question one of the sewers became blocked. The sewage flowed into the stormwater drainage system and into the River Avon.
Held: The Council had not done any positive act which caused the pollution. If it had known of the blockage it might have been liable for ‘knowingly permitting’ but it could not be liable for causing. Negligent inactivity which fell short of a positive act was insufficient to be a ’cause’ of pollution.

Court: QBD
Date: 16-Sep-1992
Statutes: Water Act 1989 107(1)
Links: Gazette,
References: [1993] 1 WLR 125,
Cited By:

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Filed under Environment, Utilities

Boylin -v- The Christie NHS Foundation; QBD 17-Oct-2014

The claimant a senior employee manager complained of harassment and common law negligence causing her injury.
Held: The claim failed. Behaviour of the level required to found a claim under the 1997 Act was established, but only on one occaion and therefore no course of conduct was shown.
As to the allegation of negligence, the Board had reacted promptly and effecively on learning of the complaint. They were not negligent.
Nor in fact could the claimant demonstrate that the incident established was sufficient to explain the injury complained of: ‘ I should also add that, even if I had concluded that Christine Pilgrem’s conduct on 10 November 2010 had caused, or materially contributed, to Tracy Boylin’s medical condition, I would not have found that such a result was reasonably foreseeable. The conduct was a significant breach of duty, but in the overall context was an isolated incident of relatively short duration which could not reasonably be expected to cause, or materially contribute to, a significant psychiatric illness.’

Court: QBD
Date: 17-Oct-2014
Judges: Kenneth Parker J
Statutes: Protection from Harassment Act 1997 1(1)
Links: Bailii,
References: [2014] EWHC 3363 (QB),
Cases Cited:

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Filed under Negligence, Torts - Other

Foy -v- Hertfordshire County Council; CA 4-May-1990

The fact that a highway may be onbstructed from time to time does mean that it ceases to be a highway.

Court: CA
Date: 04-May-1990
References: Times, 04-May-1990,

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Filed under Land

Birmingham City Council (Decision Notice); ICO 13-Jun-2005

ICO Complainant requested information relating to a planning application. Council failed to respond within 20 working days. Council has subsequently responded and the Decision Notice did not therefore identify any steps to be taken. The Council lodged an appeal which has since been dismissed by the Information Tribunal.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld

Court: ICO
Date: 13-Jun-2005
Links: Bailii,
References: [2005] UKICO FS50079178,

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Filed under Information

Royal Mail (Decision Notice); ICO 16-May-2005

ICO The complainant requested information relating to requests for access to his personal files. The Information Tribunal has ruled on this decision and has dismissed this appeal.
Section of Act/EIR & Finding: FOI 1 – Complaint Not upheld, FOI 10 – Complaint Upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FS50058993,

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Filed under Information

Inland Revenue (Decision Notice); ICO 16-May-2005

ICO Complainant requested information regarding action taken by the Inland Revenue concerning specific instances of alleged failed standards. The Inland Revenue stated that this information was not held. The Decision Notice found that the Inland Revenue was not in breach of s.1. The complainant has lodged an appeal.
Section of Act/EIR & Finding: FOI 1 – Complaint Not upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FS50067001,

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Filed under Information

Jones -v- Kaney; QBD 21-Jan-2010

The claimant sought damages in negligence against the defendant who had signed a joint expert witness report, but later admitted not approving its contents which led to the claimant losing his action.

Court: QBD
Date: 21-Jan-2010
Judges: Balke J
Links: Bailii,
References: [2010] EWHC 61 (QB),
Cited By:

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Filed under Professional Negligence

Ryley -v- Hicks; 1725

A lease by parol for less than three years from the making of it and stated to take effect at a future day are not within the Statute of Frauds: ‘In Middlesex, coram Raymond, Chief Justice.
Leases by parol for less than three years from the making, to commence at a future day, are not within Statute of Frauds . . .
The plaintiff declares, that 24 February 1723, she demised to the defendant a chamber, a cellar, and half a shop, habendum from LadyDay then next for a quarter of a year, and so from quarter to quarter, so long as both parties shall please, at 51. per quarter.
It was objected by Whitaker, that this being to commence at a future day, was but a lease at will since the Statute of Frauds. The Chief Justice at first thought it a good objection, but upon farther consideration he was of opinion, that the exception was not confined to leases that were to commence from the time of making, but was general as to all leases that were not to hold for above three years from the making. So the plaintiff had a verdict ‘

Date: 01-Jan-1725
Judges: Raymond CJ
References: (1725) 1 Stra 651, Bull NP 177, 93 ER 760
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Filed under Landlord and Tenant

West Cheshire College (Decision Notice); ICO 9-Jun-2005

ICO Complainant requested information relating to a proposed move by the College. The College failed to respond within 20 working days but subsequently informed the complainant that the information was held by the Land Registry. Although the Decision Notice did not identify any steps to be taken, the College were advised how to deal with any future requests where information is either not held by them or is reasonably accessible by other means.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld

Court: ICO
Date: 09-Jun-2005
Links: Bailii,
References: [2005] UKICO FS50068238,

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Filed under Information

City and County of Swansea (Decision Notice); ICO 27-Apr-2006

ICO The complainant requested two reports compiled by the Royal Society for the Prevention of Accidents into public safety at Swansea Marina. The Council confirmed that one such report was held but was exempt from disclosure under the exemptions at sections 31(1)(c) (prejudice to the administration of justice) and evidence submitted to a Coroner’s inquest its release at the same time of the request would be likely to prejudice that inquest, but the report would subsequently be released. The Council acknowledged a public interest in disclosure, but concluded that the public interest in allowing the inquest to proceed without prejudice outweighed that in favour of disclosure. The Commissioner’s decision is that, at the time that the request was made, the Council applied the Act correctly in withholding the report by virtue of the exemption at section 31 of the Act.
Section of Act/EIR & Finding: FOI 31 – Complaint Not upheld

Court: ICO
Date: 27-Apr-2006
Links: Bailii,
References: [2006] UKICO FS50082845,

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Filed under Information

Norfolk Constabulary (Decision Notice); ICO 20-Jun-2005

ICO The complainant requested information on the cost to Norfolk Constabulary of providing security for a former Prime Minister and alleged that the information had been withheld. Originally the Constabulary relied on exemptions relating to law enforcement and health and safety to refuse the request. However, the request was for information on the cost to the Constabulary of providing security. Since the actual cost was met by the Home Office and the cost to the Constabulary was therefore nil, the Constabulary did not, in fact, hold any recorded information on the cost to themselves. Consequently, the Decision Notice stated that there was not a breach of section 1 of the Act.
Section of Act/EIR & Finding: FOI 1 – Complaint Not upheld

Court: ICO
Date: 20-Jun-2005
Links: Bailii,
References: [2005] UKICO FAC0064577,

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Filed under Information

Wansbeck District Council (Decision Notice); ICO 16-May-2005

ICO Complainant requested a copy of a report from the Council, who failed to respond properly in that it neither provided the information nor issued an adequate Refusal Notice, even when prompted by the ICO.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FAC0063912,

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Filed under Information

Her Majestys Revenue and Customs (Decision Notice); ICO 10-Jun-2005

ICO Complainant requested information used in order to determine his council tax band. The VOA had provided this on several occasions previously and the complainant was in fact disputing the information used to calculate the band. However, the FOI Act does not give the ICO powers to investigate the quality of information held by public authorities. Given that the VOA did not respond in 20 working days, the Decision Notice was issued without steps. The Information Tribunal has ruled on this decision and has dismissed this appeal.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld

Court: ICO
Date: 10-Jun-2005
Links: Bailii,
References: [2005] UKICO FS50076626,

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Filed under Information

Rushden Town Council (Decision Notice); ICO 16-May-2005

ICO The complainant requested information relating to the Council’s handling of a bye election and also about public attendance at the Council’s reception. The Council failed to provide any response within 20 working days. The Notice identified the breach and required the Council to deal with the request.
Section of Act/EIR & Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FS50069103,

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Filed under Information

Wychavon District Council -v- Midlands (Special Events) Ltd; 1988

Millett J commended a council for moving for a quia timet injunction in these words: ‘If they have good grounds for thinking that in any given case compliance with the law will not be secured by prosecution, they are entitled to apply for an injunction. Counsel for the defendant criticised the council for threatening to seek a quia timet injunction even before any threatened breach of the law had occurred and when therefore no prosecution was possible. In a proper case I do not consider that that is a ground for criticism but for commendation. It must be an eminently sensible and convenient manner of proceeding.’

Date: 01-Jan-1988
Judges: Millett J
References: [1988] 1 CMLR 397,
Cited By:

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Filed under Litigation Practice, Local Government

Tyrie -v- Fletcher; 1777

It is a fundamental principle of a contract of insurance that, if the insurers had commenced to bear the risk concerned, for however short a time, the premium paid is not returnable.

Date: 01-Jan-1777
References: (1777) 2 Coup. 666,

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Filed under Insurance, Scotland

Commissioner of Police of the Metropolis -v- Hooper; QBD 16-Feb-2005

The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out of time. The police appealed.
Held: To avoid a conflict, the police power to order closure under 2(6) of the 2003 Act had to be read so that s54 of the 1980 Act was not excluded. Nevertheless, s54 should not be allowed to undermine the statutory purpose of the application. Magistrates had power to adjourn an application but not beyond 14 days after the application was made. The fault in the Magistrates’ action was not in granting multiple adjournments, but in allowing adjournments beyond that period. The magistrates had taking into account matters nor relevant, and the decision was flawed.

Court: QBD
Date: 16-Feb-2005
Judges: Mitting J
Statutes: Anti-Social Behaviour Act 2003 2(6), Magistrates Courts Act 1980 54, European Convention on Human Rights 6
Links: Bailii,
References: Times, 03-Mar-2005, [2005] EWHC 340 (Admin), [2005] 1 WLR 1995
Cases Cited:
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Filed under Human Rights, Magistrates, Police

Englewood Properties Limited -v- Shailesh Patel, Cornberry Limited; ChD 16-Feb-2005

The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had purchased and then created a lease back. The underlease contained a covenant not to permit any other fixed price store in the row, and to include similar covenants in any other leases or conveyances. The leaseback contained an appropriate covenant. The defendant were successful at the auction. Their solicitors were refused a reassurance that conveyances of the other shops sold at the auction would comply with the covenant. They refused to complete.
Held: Between exchange and completion, the sellers held the property on trust for the buyers, and had a duty to maintain it in the same conditions as on exchange. That duty did not extend to its management of neighbouring properties, and the defendant was not free to insist upon such covenants or refuse to complete.

Court: ChD
Date: 16-Feb-2005
Judges: Mr Justice Collins Mr Justice Collins
Links: Bailii,
References: [2005] EWHC 188 (Ch), Times, 09-Mar-2005, [2005] 3 All ER 307
Cases Cited:
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Filed under Contract, Land

Shepway District Council (Decision Notice); ICO 16-May-2005

ICO Complainant requested access to the minutes of the Strategic Management Board. The Council refused to provide the information but did not issue a Refusal Notice in accordance with the Act. As the information was subsequently provided, the Notice did not identify any steps to be taken.
Section of Act/EIR & Finding: FOI 17 – Complaint Upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FAC0063925,

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Filed under Information

Medicines and Healthcare Products Regulatory Agency (Decision Notice); ICO 16-May-2005

ICO Complainant requested information relating to the handling of complaints by MHRA. MHRA failed to inform the complainant in writing and within 20 working days stating whether the information was held. The Agency did, however, then provide some of the information and confirmed that the remainder was not held. The Decision Notice was issued to this effect – recognising, where possible, that information had been provided, but that this was not done in writing within 20 working days.
Section of Act/EIR & Finding: FOI 10 – Complaint Upheld

Court: ICO
Date: 16-May-2005
Links: Bailii,
References: [2005] UKICO FS50061644,

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Filed under Information

Bridgnorth District Council (Decision Notice); ICO 17-May-2005

Complainant requested copy of a court case transcript involving former Council employees. Transcript obtained from Court and paid for by Council who stated that the information was exempt under section 32(1)(c). Applicant argued that as the document was not created by a member of the administrative staff of the court, this exemption does not apply. Our view is that the information was taken from a record to which section 32 applies (the court tapes which were created by the court). If the authority only holds the information because it was obtained from a source to which section 32 applies, then the exemption will stand irrespective of the format into which the authority may later convert the information. However, the Council failed to provide details of its internal complaints procedure in its Refusal Notice and was therefore in breach of s.17. The Information Tribunal has ruled on this decision and has upheld this appeal. >br />Section of Act/EIR & Finding: FOI 17 – Complaint Upheld, FOI 32 – Complaint Not upheld

Court: ICO
Date: 17-May-2005
Links: Bailii,
References: [2005] UKICO FAC0065282,

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Filed under Information

Veakins -v- Kier Islington Ltd; CA 2-Dec-2009

The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s appeal succeeded. Since Majrowski, courts have been asked to consider whether the conduct complained of is ‘oppressive and unacceptable’ as opposed to merely unattractive, unreasonable or regrettable. The primary focus is on whether the conduct is oppressive and unacceptable, albeit the court must keep in mind that it must be of an order which ‘would sustain criminal liability’. The court might ask whether a criminal complaint under the Act would be rejected as an abuse of process.
The account of victimisation, demoralisation and the reduction of a substantially reasonable and usually robust woman to a state of clinical depression is not simply an account of ‘unattractive’ and ‘unreasonable’ conduct (in Lord Nicholl’s words) or ‘the ordinary banter and badinage of life’ (in Baroness Hale’s words). It self-evidently crosses the line into conduct which is ‘oppressive and unreasonable’.
The presence of malice makes satisfaction of the ‘oppressive and unacceptable’ test easier to achieve.
Maurice Kay LJ stated: ‘it seems to me that, since Majowski, courts have been enjoined to consider whether the conduct complained of is ‘oppressive and unacceptable’ as opposed to merely unattractive, unreasonable or regrettable. The primary focus is on whether the conduct is oppressive and unacceptable, albeit the court must keep in mind that it must be of an order which ‘would sustain criminal liability’. ‘

Court: CA
Date: 02-Dec-2009
Judges: Waller, MauriceKay, Rimer LJJ
Statutes: Protection from Harassment Act 1997 1
Links: Bailii,
References: [2009] EWCA Civ 1288,
Cases Cited:
Cited By:

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Filed under Torts - Other

The Case of the Royal Fishery of the Banne; 1610

A royal fishery did not pass by a general grant of all fisheries, because general words in a grant did not pass ‘special royalty which belongeth to the Crown by prerogative’.

Date: 01-Jan-1610
References: [1610] Dav 149,
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Filed under Agriculture, Constitutional

Ashford -v- Thornton; KB 1818

In an appeal of death, appellee waged his battle, Held that the counterplea to oust him of this mode of trial must disclose such violent and strong presumptions of guilt, as to leave no possible doubt in the minds of the Court. And therefore a counterplea which only stated strong circumstances of suspicion, was held to be insufficient. Held also that the appellee may reply fresh matter tending to shew his innocence, as for instance an alibi, and his former acquittal of the same offence on an indictment. But quaere where tbe counterplea is per se insufficient, or where the replication is a good answer to it, whether the Court should give judgment that the appellee be allowed his wager of battle, or that he go without day.

Court: KB
Date: 01-Jan-1818
Links: Commonlii,
References: [1818] EngR 3, (1818) 1 B & A 405, (1818) 106 ER 149

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Filed under Litigation Practice

Gadd, Regina -v-; QBD 10-Oct-2014

The prosecutor sought leave to bring a voluntary bill of indictment, to pursue historic sex abuse allegations against the defendant. The defendant objected to counts founded on facts which were the substance of a charge of indecent assault considered at an old style committal hearing when a Stipendiary Magistrate had ordered a stay of the charge on the ground of abuse of process because of delay.
Held: The objection failed. Globe J said: ‘ for the reasons advanced by the prosecution and notwithstanding the defence submissions, the facts do not justify a stay. I fully accept the finding of the Divisional Court that the decision that was made was one the Stipendiary was entitled to make. However, even treating it with the greatest of respect and caution that must be exercised, there is no actual prejudice that the defendant has identified and I attach little weight to the fact that the allegation relates to one incident rather than a course of conduct. It is a serious allegation and JA is and was capable of giving evidence about it.’

Court: QBD
Date: 10-Oct-2014
Judges: Globe J
Statutes: Administration of Justice (Miscellaneous Provisions) Act 1933 2(s)(b)
Links: Bailii,
References: [2014] EWHC 3307 (QB),
Cases Cited:

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Filed under Employment

Slades Case; 1598

The parties had ageed for the sale of wheat and rye crops. Slade complained as to the breach, seeking to bring an action in assumpsit. The defendant denied the existence of a contract.
Held: A jury returned a special verdict, finding Defendant paid Plaintiff for the wheat and the rye and that there was no other promises made between Plaintiff and Defendant other than the bargain in question. The issue was presented to the Justices and Barons to resolve differences between the courts regarding the issue. Where the parties has agreed for a thing, provided one had carried his duties, the othetR could be compelled by an action in assumpsit without formal requirements for actions on the contract

Date: 01-Jan-1598
Links: Commonlii, Commonlii,
References: [1598] EngR 39, (1598) 4 Co Rep 92, (1598) 76 ER 1074, [1598] EngR 40, (1598) 4 Co Rep 91, (1598) 76 ER 1072
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Filed under Contract, Litigation Practice

Gyles -v- Wilcox, Nutt and Barrow; 6-Mar-1740

The plaintiff bookmaker was publisher of Matthew Hale’s Pleas of the Crown. The first and second defendants hired the third to abridge it and they began to published the result as Modern Crown Law. The plaintiff sought to restrain further publication.
Held: The application failed. ‘The Stat. of 8 A. cannot be said to tend to a monopoly. The Stat, of 8 A. shall be said to be made for the publick Benefit and Advantage, by reason that it tends to the Advancement of Learning. This Statute must not be construed strictly, but according to the Intention of the Legislature. When Complaints have been made of a Book’s being printed contrary to the Statute, the only Question has been, Whether it is the same Book with the former?’
The Lord Chancellor said of the Act: ‘ . . When Complaints of this Sort
have come before the Court,the single Question has constantly been, Whether the second Book has been the same Book with the former ? And where the second Book has no otherwise differ’d from the former than by reducing or shortning the Stile, or by leaving out some of the Words of the first Book, the second Book has been construed the same with the former. But where the second Book has been an abridgment of the former, it has been understood not to be the same Book, and therefore to be out of the Act.’
. . and ‘Whether the second Book is the same Book with the former is a Matter of Fact, and a Fact of Difficulty to be determined. It is hard to say in what hhnner the Court ought to determine this Fact ; and his Lordship said he could not see how it could be determined but by reading both the Books over, and that would be hardly proper for him to do.’

Date: 06-Mar-1740
Judges: Lord Hardwicke LC
Statutes: Statute of Anne 1708
Links: Commonlii, Commonlii, Commonlii,
References: [1740] EngR 77, (1740) Barn C 368, (1740) 27 ER 682, [1740] EngR 78, (1740) 2 Atk 141, (1740) 26 ER 489 (C), [1740] EngR 90, (1740) 3 Atk 269, (1740) 26 ER 957 (A)
Cited By:
  • Prince Albert -v- Strange, ChD, Cited, ((1849) 1 H & Tw 1, 2 De G & SM 293, (1849) 1 Mac & G 25, Bailii, [1849] EWHC Ch J20, [1849] EngR 255, Commonlii, (1849) 41 ER 1171, [1849] EngR 261, Commonlii, (1849) 47 ER 1302, (1849) 2 De Gex & Sim 652)

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Filed under Intellectual Property

Attorney-General -v- Pearson; 1817

A protestant dissenters’ meeting house in Wolverhampton which was declared by a trust deed to be held for ‘the worship and service of God’ was the subject of a dispute between the schismatic congregation. The issue was the nature of the worship denoted by those words and the occasion was the ejection of a minister.
Held: Referring to Craigdallie, Lord Eldon said: ‘ . . if any persons seeking the benefit of a trust for charitable purposes should incline to the adoption of a different system from that which was intended by the original donors and founders; and if others of those who are interested think proper to adhere to the original system, the leaning of the Court must be to support those adhering to the original system, and not to sacrifice the original system to any change of sentiment in the persons seeking alteration, however commendable that proposed alteration may be.’

Date: 01-Jan-1817
Judges: Lord Eldon
Links: Commonlii,
References: (1817) 3 Mer 353, [1817] EngR 645, (1817) 3 Mer 353, (1817) 36 ER 135
Cases Cited:
Cited By:

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Filed under Charity, Trusts

Wychavon District Council -v- Rafferty and others; CA 27-Apr-2006

The council had obtained a without notice injunction restraining Romany gypsies from stationing caravans on certain land. They subsequently applied for planning permission to use the land to have three mobile homes and several touring caravans. The application was refused and there was an appeal. Notwithstanding the injunction the caravans were moved onto the land. The judge had then ordered committal to imprisonment for contempt for a period of six weeks but suspended it on condition that the caravans be removed within about a fortnight.
Held: The appeal failed. However the local authority successful applied for committal. The judge had erred in refusing to vary the injunction. Mid Bedfordshire v Brown applied and the court did not regard as perverse the judge’s decision that the planning appeal had no real prospect of success.

Court: CA
Date: 27-Apr-2006
Links: Bailii,
References: [2006] EWCA Civ 628, [2006] 18 EG 150
Cited By:

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Filed under Planning

OA344642007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR OA344642007,

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Filed under Immigration

OA290032007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR OA290032007,

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Filed under Immigration

OA214932007 & OA218232007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR OA214932007,

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Filed under Immigration

IA215362007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR IA215362007,

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Filed under Immigration

IA214992007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR IA214992007,

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Filed under Immigration

IA191782007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR IA191782007,

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Filed under Immigration

IA183442007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR IA183442007,

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Filed under Immigration

IA137902007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR IA137902007,

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Filed under Immigration

VA384242007 & VA384262007 (Unreported); AIT 7-May-2008

Court: AIT
Date: 07-May-2008
Links: Bailii,
References: [2008] UKAITUR VA384242007,

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Filed under Immigration

United Fish Industries (UK) Ltd -v- Herbert; EAT 18-Jan-2002

EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal.

Court: EAT
Date: 18-Jan-2002
Judges: His Hon Judge J R Reid QC
Links: Bailii, EAT,
References: EAT/792/01, EAT/226/01, [2002] UKEAT 226_01_0905
Cases Cited:

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Filed under Employment