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British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. … Continue reading British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

White and Others v Regina: CACD 5 May 2010

The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010

Mackle, Regina v: SC 29 Jan 2014

Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 2014

Khan and Others, Regina v: CACD 12 Mar 2009

The court discussed constricting of the classes of individual liable for duty on tobacco products which the 2001 Regulations introduced. Hughes LJ VP, King J, Gordon HHJ [2009] EWCA Crim 588 Bailii Tobacco Products Regulations 2001 12(1) Cited by: Cited – Mackle, Regina v SC 29-Jan-2014 Several defendants appealed against confiscation orders made against them … Continue reading Khan and Others, Regina v: CACD 12 Mar 2009

Regina v Khan; Regina v Lockett: CACD 12 Mar 2009

The defendants appealed against confiscation orders made on conviction for dealing with goods with intent to defraud the CandE of payable duty namely in bringing in excess numbers of cigarettes. Held: The appeal succeeded. In many cases the Customs and Excise had prosecuted on a basis which was invalidated by the alteration of the 1992 … Continue reading Regina v Khan; Regina v Lockett: CACD 12 Mar 2009

Artegodan v Commission: ECFI 26 Nov 2002

ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine – Directives 65/65/EEC and 75/319/EEC. Citations: T-74/00, [2002] EUECJ T-74/00, [2002] ECR 11-495 Links: Bailii Jurisdiction: European Citing: See Also – Artegodan v Commission ECFI 28-Jun-2000 . … Continue reading Artegodan v Commission: ECFI 26 Nov 2002

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Philip Morris v Commission T-18/15: ECFI 15 Sep 2016

ECFI Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – … Continue reading Philip Morris v Commission T-18/15: ECFI 15 Sep 2016

Philip Morris v Commission T-800/14: ECFI 15 Sep 2016

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – … Continue reading Philip Morris v Commission T-800/14: ECFI 15 Sep 2016

Philip Morris v Commission T-796/14: ECFI 15 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal … Continue reading Philip Morris v Commission T-796/14: ECFI 15 Sep 2016

Herbert Smith Freehills v Council (Judgment): ECFI 15 Sep 2016

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal to grant access – Exception relating to the … Continue reading Herbert Smith Freehills v Council (Judgment): ECFI 15 Sep 2016

Herbert Smith Freehills v Commission: ECFI 15 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal to grant access – Exception relating to … Continue reading Herbert Smith Freehills v Commission: ECFI 15 Sep 2016

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014