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Societe IRCA (Industria Romana Carni E Affini Spa) v Amministrazione Delle Finanze Dello Stato.: ECJ 7 Jul 1976

1. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – basic principles – purpose 2. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – effects – position of importers and exporters in the member states – differences – complete … Continue reading Societe IRCA (Industria Romana Carni E Affini Spa) v Amministrazione Delle Finanze Dello Stato.: ECJ 7 Jul 1976

Secretary of State for Education and Science v Tameside Metropolitan Borough Council: HL 21 Oct 1976

An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial review, being described as ‘misunderstanding or ignorance of an established and relevant fact’.The House asked what it … Continue reading Secretary of State for Education and Science v Tameside Metropolitan Borough Council: HL 21 Oct 1976

Winter and Another v Traditional and Contemporary Contracts Ltd: CA 7 Nov 2007

The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the nil compensation awarded. Held: ‘it is perhaps difficult, as a … Continue reading Winter and Another v Traditional and Contemporary Contracts Ltd: CA 7 Nov 2007

The Commissioner of Stamp Duties v Bone and Others: PC 5 Apr 1976

(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the debtor is extinguished because an executor cannot sue himself. Judges: Lord Wilberforce, Viscount Dilhorne, … Continue reading The Commissioner of Stamp Duties v Bone and Others: PC 5 Apr 1976

Parmar v East Leicester Medical Practice: EAT 5 Nov 2010

EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010

Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002

The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of … Continue reading Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002

Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976

In giving guidance on the use by industrial members of their life experience the EAT cautioned against an Employment Tribunal relying on the lay members’ experience to determine a case without giving the witness whose evidence they reject an opportunity to deal with the point(s) in issue. Provided that is done there is no reason … Continue reading Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976

Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976

The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976

Alexander Stephen (Forth) Ltd v J J Riley (UK) Ltd: SCS 2 Mar 1976

‘The main submission for the defenders was that the pursuers could not rely on Condition 5 to avoid liability for breaches of contract because the particular circumstances averred by the defenders as justifying their actions were not expressly covered by the condition. It was said that as the defenders averred that the pursuers’ failure in … Continue reading Alexander Stephen (Forth) Ltd v J J Riley (UK) Ltd: SCS 2 Mar 1976

Thompson and others v Eaton Ltd: EAT 14 Apr 1976

The management introduced a new machine. The appellants left the premises and did not return. They were dismissed. They now appealed a finding that they had not been unfairly dismissed. Held: The appeal failed. Whether the employer had through his behaviour contributed to the industrial action was not relevant. Judges: Phillips J P Citations: [1976] … Continue reading Thompson and others v Eaton Ltd: EAT 14 Apr 1976

Director of Public Prosecutions v Luft: HL 26 May 1976

The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the printer. One magistrate held that the offence was committed only if there was an intention … Continue reading Director of Public Prosecutions v Luft: HL 26 May 1976

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Farrell v Alexander: HL 24 Jun 1976

The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976

EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

ECJ 1. Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right … Continue reading EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

Impresa Costruzioni Comm. Quirino Mazzalai v Ferrovia Del Renon: ECJ 20 May 1976

1. Under article 177, the court of justice has jurisdiction to give preliminary rulings concerning the interpretation of acts of the ins- titutions of the community, regardless of whether they are directly applicable.It is not for the court to appraise the relevance of questions referred under article 177, which is based on a clear separation … Continue reading Impresa Costruzioni Comm. Quirino Mazzalai v Ferrovia Del Renon: ECJ 20 May 1976

Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976

ECJ 1. National rules or practices which result in imports being channelled in such a way that only certain traders can effect these imports, whereas others are prevented from doing so, constitute a measure having an effect equivalent to a quantitative re- striction within the meaning of article 30 of the treaty. 2. National rules … Continue reading Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976

Inland Revenue Commissioners v Goodwin: HL 28 Jan 1976

HL Surtax – Tax advantage – Counteraction – Bonus issue o f redeemable preference shares followed by redemption – Main object to avoid loss of fam ily control through sales to meet estate duty – Whether a commercial object – Married woman not separately assessed – Whether redemption moneys subject to counteraction – Finance A … Continue reading Inland Revenue Commissioners v Goodwin: HL 28 Jan 1976

Inland Revenue Commissioners v Church Commissioners for England: HL 7 Jul 1976

HL Income tax – Capital or income – Rentcharges – Payable for 10 years – Paid as consideration for sale of capital assets – Whether containing a capital element – Whether wholly payable under deduction o f tax – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c. 10), 177. … Continue reading Inland Revenue Commissioners v Church Commissioners for England: HL 7 Jul 1976

Oderinde v Datapact Ltd: EAT 14 Jan 2002

EAT Unfair Dismissal – Compensation Judges: His Hon Judge J R Reid QC Citations: EAT/611/00, [2002] UKEAT 0611 – 00 – 1401 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Oderinde v Datapack Ltd EAT 15-Nov-2000 . . Cited – Charles Letts and Co v Howard EAT 1976 Abusive language between employer … Continue reading Oderinde v Datapact Ltd: EAT 14 Jan 2002

Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

Mills v EIB (Judgment): ECJ 15 Jun 1976

Europa By its use of the words ‘any dispute between the community and its servants’ article 179 is not restricted exclusively to the institutions of the community and their staff but also includes the bank as a community institution established and with legal personality conferred by the treaty. Under this article the court thus has … Continue reading Mills v EIB (Judgment): ECJ 15 Jun 1976

Macevicius v Parliament: ECJ 20 May 1976

ECJ Officials – application – subject-matter – measure coming within the power of internal organization – admissibility – conditions(Staff Regulations of officials, articles 5, 7, 91)A measure coming within the power of internal organization of an institution can be actionable under article 91 of the staff regulations only if it adversely affected the rights which … Continue reading Macevicius v Parliament: ECJ 20 May 1976

EMI Records v CBS Grammofon: ECJ 15 Jun 1976

ECJ Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right in … Continue reading EMI Records v CBS Grammofon: ECJ 15 Jun 1976

IBC v Commission: ECJ 27 Jan 1976

When an action is brought against decisions of the national authorities adopted in implementation of community rules which the applicant regards as unlawful, the question of the legality of such implementing measures adopted in pursuance of community law is a matter for the competent national courts or tribunals to decide, using the procedures laid down … Continue reading IBC v Commission: ECJ 27 Jan 1976

EMI Records v CBS United Kingdom: ECJ 15 Jun 1976

ECJ Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a treade mark in all the member states of the community from exercising his right … Continue reading EMI Records v CBS United Kingdom: ECJ 15 Jun 1976

A Baily and Co v Clark Son and Morland: HL 1938

The House considered how market research surveys might be introduced in evidence. Lord Russell recommended filing affidavits from a limited number of respondents to the survey and filing a further affidavit proving the number of other persons who had replied and making their answers available for perusal. Judges: Lord Russell Citations: [1938] AC 557 Jurisdiction: … Continue reading A Baily and Co v Clark Son and Morland: HL 1938

Practice Direction (Bail: Failure to surrender and trials in absence): CACD 22 Jan 2004

The court, amending the earlier direction, gave detailed guidance on how prosecutors and courts should deal with trials where defendants had failed to surrender to bail. Defendants must be made aware of the damage caused by failures to surrender. Judges: Lord Woolf LCJ Citations: Times 26-Jan-2004 Statutes: Bail Act 1976 6(1) 6(2) Jurisdiction: England and … Continue reading Practice Direction (Bail: Failure to surrender and trials in absence): CACD 22 Jan 2004

Heywood v Wellers: CA 1976

The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded. Held: She was entitled to repayment of the legal costs paid by her … Continue reading Heywood v Wellers: CA 1976

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976

Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place where the harmful event occurred’, in article 5(3) of the convention of 27 September 1968 on jurisdiction and the … Continue reading Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Murphy v Culhane: CA 10 Jun 1976

The widow of the deceased claimed damages from one of the attackers who had been convicted of her husband’s manslaughter. The question was whether, given the conviction, she was entitled to entry of judgment as to liability without trial. The defendant argued that the deceased had provoked that assault, and that the maxims ex turpi … Continue reading Murphy v Culhane: CA 10 Jun 1976

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976

Statutory Challenge must be timely The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent. Held: The court was asked, in effect, whether the decision in East Elloe had been overruled … Continue reading Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976

Capper Pass Ltd v Lawton: EAT 19 Oct 1976

Once a tribunal in a discrimination claim has found that there is broadly similar work, the tribunal must then consider whether there are differences amounting to practical importance. Phillips J P said: ‘trivial differences or differences not likely in the real world to be reflected in the terms and conditions of employment, ought to be … Continue reading Capper Pass Ltd v Lawton: EAT 19 Oct 1976

Director of Public Prosecutions v Newbury and Jones: HL 12 May 1976

The two teenage defendants pushed a stone slab from a bridge onto an oncoming train. The slab went through the window and killed the guard. They appealed convictions for manslaughter. Held: The appeals were dismissed. An unlawful act can found a conviction for manslaughter even though the defendant did not foresee the harm. There is … Continue reading Director of Public Prosecutions v Newbury and Jones: HL 12 May 1976

Liverpool City Council v Irwin: HL 31 Mar 1976

The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in which a term might be implied the House preferred to … Continue reading Liverpool City Council v Irwin: HL 31 Mar 1976

Star Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company: PC 26 Jan 1976

(Singapore) The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a letter device. They stopped when the Singapore government imposed import duty on toothbrushes. Since then the plaintiff had … Continue reading Star Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company: PC 26 Jan 1976

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Laker Airways v Department of Trade: CA 15 Dec 1976

Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: ‘guidance is assistance in reaching a decision proffered to him who has to make … Continue reading Laker Airways v Department of Trade: CA 15 Dec 1976

Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976

The seller sold aluminium to the defendant, but included a clause under which they retained title in the materials sold, even if mixed in with manufactured goods, until they had been paid for the metal. The defendants appealed a finding that the receivers held the proceeds of sale of the manufactured goods on trust for … Continue reading Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976

Esso Petroleum Company Ltd v Mardon: CA 6 Feb 1976

Statements had been made by employees of Esso in the course of pre-contractual negotiations with Mr Mardon, the prospective tenant of a petrol station. The statements related to the potential throughput of the station. Mr Mardon was persuaded by the statements to enter into the tenancy; but he suffered serious loss when the actual throughput … Continue reading Esso Petroleum Company Ltd v Mardon: CA 6 Feb 1976