Search Results for: Merchant Shipping Act 1988 31

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Regina v Secretary of State for Transport ex parte Factortame Limited and others: CA 31 Jul 1997

The court was asked to award damages for the failure of the respondent to comply with European Law, on the basis that the provisions of the Act discriminated against nationals of other member states. Judges: The Master Of The Rolls (Lord Woolf) Lord Justice Schiemann Lord Justice Robert Walker Citations: [1997] EWCA Civ 2264 Statutes: … Continue reading Regina v Secretary of State for Transport ex parte Factortame Limited and others: CA 31 Jul 1997

Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

Seaboard Offshore Ltd v Secretary of State Transport: QBD 24 Mar 1993

A company is not vicariously liable for the failure of the Captain of ship to comply with the section. The section was not framed so as to appear to give rise to criminal liability of an employer for acts of an employee in such circumstances. The owner did not have personal vicarious liability for everything … Continue reading Seaboard Offshore Ltd v Secretary of State Transport: QBD 24 Mar 1993

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Regina v St Regis Paper Company Ltd: CACD 4 Nov 2011

The court was asked as to the extent which the appellant, St. Regis Paper Company Limited, could be held criminally liable for intentionally making a false entry in a record required for environmental pollution control in its application to offences requiring proof of mens rea. Moses LJ, Nicola Davies, Gilbert QC JJ [2011] EWCA Crim … Continue reading Regina v St Regis Paper Company Ltd: CACD 4 Nov 2011