The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999
Several appellants, all from the same judge, complained of his handling of their cases. Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting within the law and applying the relevant substantive law to the facts as found. That is partly because … Continue reading AA069062014 and Others: AIT 30 Aug 2017
This case concerns gipsies, and whether they are a racial group within the Race Relations Act 1976 . Citations: [1988] EWCA Civ 17, [1989] 1 All ER 306, [1989] 2 WLR 17, [1989] QB 783, [1989] IRLR 8 Links: Bailii Jurisdiction: England and Wales Discrimination Updated: 20 December 2022; Ref: scu.381759
The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.Staughton LJ said: ‘In any case which involves a foreign element it may prove … Continue reading Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006
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
Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
The ET was entitled to find that the employer’s ‘sole or main purpose’ in giving the Claimant a formal oral warning for refusing to comply with an instruction to take down an email list he had created for union communications was ‘preventing or deterring him from taking part in the activities of an independent trade … Continue reading University College London v Brown (Formal Oral Warning, ‘Sole or Main Purpose’): EAT 17 Dec 2020
The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him. Held: The … Continue reading Sheffield City Council v Ali: Admn 7 Jul 2005
Appeal from the detailed assessment decision in relation to a boundary dispute action Citations: [2013] EWHC 232 (QB), [2013] 3 Costs LR 420, [2013] 2 Costs LR 359 Links: Bailii Jurisdiction: England and Wales Costs Updated: 06 December 2022; Ref: scu.519761
From the Court of Appeal of the Cayman Islands – The crown appealed against the quashing of the respondent’s conviction for possession of an unlicensed firearm. A gun was found where he had been seen to discard a gun whilst being chased. The forensic evidence did not connect him to it. Held: The appeal was … Continue reading The Queen v Crawford: PC 11 Nov 2015
Dependency of claimant Citations: [2005] EWCA Civ 221, [2005] 2 FLR 51 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Family Updated: 01 December 2022; Ref: scu.223323
Citations: [2007] EWHC 307 (Admin) Links: Bailii Statutes: Local Government Miscellaneous Provisions Act 1976 46 Jurisdiction: England and Wales Local Government, Animals Updated: 30 November 2022; Ref: scu.249865
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
Absurdity did not defeat a clear clause A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended. Held: The tenants’ appeal failed (Lord Carnwath dissenting). The words were clear, … Continue reading Arnold v Britton and Others: SC 10 Jun 2015
Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006
Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
Citations: [2011] ScotSC 61 Links: Bailii Jurisdiction: Scotland Coroners Updated: 26 November 2022; Ref: scu.463961
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
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
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
Appeal against convictions on 20 March 1975 and 18 April 1975 on counts of attempting to escape from detention contrary to paragraph 38(a) of Schedule 1 of the Northern Ireland (Emergency Provisions) Act 1973 (‘the 1973 Act’) and common law. Held: The seriousness of the consequences is a consideration to be taken into account in … Continue reading Adams, Regina v: CANI 14 Feb 2018
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007
The defendant had been arrested and then taken to hospital for treatment. On completion of his treatment, he could not find the constable, so went home. He now appealed from conviction of escape contrary to common law. Held: The prosecution must in a case concerning escape prove four things: – i) that the defendant was … Continue reading Dhillon, Regina v: CACD 23 Nov 2005
Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. Judges: Peter Gibson LJ Citations: [2001] EWCA Civ 446 Links: Bailii Statutes: Race Relations Act 1976 1(1)(a) Jurisdiction: England and Wales Employment, Discrimination Updated: 23 November 2022; Ref: scu.200861
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention? Held: A constructive trust claim based upon dishonest assistance is within the scope of Article 5(3). The loss took place where the … Continue reading Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001
Citations: [2003] EWCA Civ 701 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe 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 … Continue reading Hadiova v Secretary of State for the Home Department: CA 9 May 2003
The parties had only recently settled their ancillary relief proceedings by consent when the former wife remarried. The former husband sought the setting aside of the order. The wife had denied the relationship. The judge had found the conditions in Barder not to have been met. Held: (Wall LJ dissenting) The husnband’s appeal failed. Ward … Continue reading Dixon v Marchant: CA 24 Jan 2008
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 claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002
Citations: [2013] ScotSC 70 Links: Bailii Jurisdiction: Scotland Coroners Updated: 20 November 2022; Ref: scu.519280
The employee appealed a finding that the employer had not discriminated against her, saying that the tribunal had refused an adjournment. Held: The refusal or grant of an adjournment was a matter within the discretion of a tribunal in fulfillment of its case management duties. In the absence of exceptional reasons, an appeal court could … Continue reading Harrold v North Bristol NHS Trust: CA 2 Nov 2007
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence. Held: The cases on an absence of response to an accusation or … Continue reading Collins and Keep v Regina: CACD 28 Jan 2004
Letters of Request had been received for the production of document to be used in litigation in the US. It was complained that they were drafted so widely as to amount to a fishing expedition. Held: ‘an English court must look at the issue of the relevance of the requested testimony, if it is raised, … Continue reading First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and Others: CA 12 May 1998
EAT RACE DISCRIMINATION / DIRECT An ET dismissed complaints that the Claimant had been discriminated against on the grounds of race. It did not when doing so distinguish between direct discrimination, harassment, and victimisation, under each of which heads the claim had been advanced. Although no appeal was made as to the conclusions in respect … Continue reading Durrani v London Borough of Ealing: EAT 10 Apr 2013
Judges: Stadlen J Citations: [2009] EWHC 75 (Admin) Links: Bailii Statutes: Law Reform (Miscellaneous) Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 14 November 2022; Ref: scu.280423
The defendant appealed his conviction for driving with excess alcohol, saying that the court had failed to allow him to raise properly expert doubts as to the prosecution evidence. He sought to challenge the effect of preservatives on the sample of blood as tested by the prosecution. The prosecution expert had only given hearsay evidence … Continue reading Dhaliwal, Regina (on the Application Of) v Director of Public Prosecutions: Admn 16 Mar 2006
The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part. Held: In this case an unequal division would reflect the husband’s special and exceptional contributions. As to the balance between the cases … Continue reading Sorrell v Sorrell: FD 29 Jul 2005
The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated. Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore … Continue reading Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002
The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy and had closed his restaurant business in the last few weeks before … Continue reading Bacchiocchi v Academic Agency Limited: CA 20 Feb 1998
EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
Judges: Mr Justice Sullivan Citations: [2006] EWHC 1198 (Admin) Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 54(2) Jurisdiction: England and Wales Licensing Updated: 12 November 2022; Ref: scu.242555
The judge considered the award of costs where the claimant had succeeded in some part of her claim, but failed in others. Judges: Teare J Citations: [2012] EWHC 1612 (Admlty) Links: Bailii Jurisdiction: England and Wales Citing: Main Judgment – Braganza v BP Shipping Ltd and Another ComC 30-May-2012 The claimant said that her husband, … Continue reading Braganza v BP Shipping Ltd and Another: AdCt 15 Jun 2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in … Continue reading Novak v Phones 4U Ltd: EAT 14 Sep 2012
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
Citations: [2010] ScotSC 172 Links: Bailii Statutes: Fatal Accidents and Inquiries (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 05 November 2022; Ref: scu.464196
Citations: [2010] ScotSC 129 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464151
Citations: [2010] ScotSC 168 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464194
Citations: [2011] ScotSC 186 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464062
Citations: [2010] ScotSC 128 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464150
Citations: [2010] ScotSC 111 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.464137
Citations: [2010] ScotSC 61, [2010] ScotSC 62 Links: Bailii, Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464099
Citations: [2010] ScotSC 52 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464093
Citations: [2011] ScotSC 163 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.464031
Citations: [2011] ScotSC 183 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464050
Citations: [2012] ScotSC 74 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.463944
Citations: [2011] ScotSC 103 Links: Bailii Statutes: Fatal Accidents and Inquiries (Scotland) Act 1976 Scotland, Coroners Updated: 04 November 2022; Ref: scu.463979
Citations: [2012] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463945
Citations: [2011] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463974
Citations: [2011] ScotSC 86 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463975
Citations: [2012] ScotSC 66 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463925
Citations: [2012] ScotSC 35 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463898
The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003
A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant’s adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to … Continue reading In Re L (a Minor) (Adoption: Disclosure of Information): CA 12 Dec 1996
Judges: Mr Justice Lane Citations: [2022] EWHC 2623 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 04 November 2022; Ref: scu.681976
The deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the Ministry of Defence in return for the payment of benefits. She now disputed … Continue reading Cox v Ergo Versicherung Ag and Another: CA 19 Jul 2012
The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012
Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels. Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with straightaway, and the general problem posed by walked in water on a wet night, which … Continue reading Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002
EAT RACE DISCRIMINATION – Race Relations: jurisdictionThis appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to … Continue reading Alam v London Probation Trust: EAT 15 Mar 2012
The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act. Judges: Foskett J Citations: [2012] EWHC 1539 (Admin), [2013] PTSR 154 Links: Bailii Statutes: Town … Continue reading Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because … Continue reading Walker v The Governor of HM Prison Nottingham: Admn 25 Jan 2002
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
Right of appeal against conviction for contempt for breach of bail. Citations: Gazette 22-Jul-1992 Statutes: Bail Act 1976 6(5) Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.87234
VDT VALUE ADDED TAX – import VAT – Simplified Import VAT Accounting (‘SIVA’) – trader authorised to defer payment with nil security – default in accounting for domestic VAT – whether sufficient without more to justify revocation of nil security requirement – criteria to be considered – whether trader representing risk to the revenue – … Continue reading Martin Yaffe International Ltd v Revenue and Customs: VDT 14 Jul 2005
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
The council appealed an order requiring it to specify an overall maximum charge for licensing taxis. It had fixed an adminsitrative sum plus a sum for the first inspection and further sums for re-inspection. Held: The section envisaged separate charges being made, and no overall limit was properly implied. Judges: Lord Justice Keene Lord Justice … Continue reading Liverpool City Council v Kelly: CA 20 Feb 2003