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Acts

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Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly on the information Held: The appeal was upheld. ‘unfairness in pricing is … Continue reading Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Iberian UK Ltd v BPB Industries plc: ChD 1996

Proceedings in front of an administrative body (the Commission) which were subsequently appealed to a court (CFI and ECJ) did not give rise to an issue of estoppel between the investigatee/appellant and the complainant / intervener. The fact that the ‘victim’ of the abuse intervened in the appeal brought by an investigatee to a court … Continue reading Iberian UK Ltd v BPB Industries plc: ChD 1996

Brake Brothers Limited v Ungless: QBD 2004

The court considered the law relating to post employment restrictive covenants. Gloster J said: ‘(1) Covenants in Restraint of Trade are prima-facie unlawful and accordingly are ‘to be treated with suspicion’ see per Laddie J in Countrywide Assured Financial Services Limited v Smart ChD 7 May 2004. It is for the covenantee to identify a … Continue reading Brake Brothers Limited v Ungless: QBD 2004

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Telereal Trillium v Hewitt (Valuation Officer): SC 15 May 2019

The court considered correct approach to determination of the rateable value of an office building, in circumstances where the evidence showed at the relevant time a general demand in the area for comparable office buildings, but no actual tenant willing to pay a positive price for the building itself. Held: (Briggs, Black LL dissenting) The … Continue reading Telereal Trillium v Hewitt (Valuation Officer): SC 15 May 2019

R (on The Application of Zat and Others) v Secretary of State for The Home Department (Article 8 Echr – Dublin Regulation – Interface – Proportionality) (IJR): UTIAC 22 Jan 2016

(i) EU Regulation number 604/2013 (the ‘Dublin Regulation’) and the Human Rights Act 1998, while separate regimes, are not in competition with each other. (ii) Where the two regimes pull in different directions, full cohesion, or harmonisation, may not be achievable and some accommodation must be found. (iii) Where an interference with a person’s rights … Continue reading R (on The Application of Zat and Others) v Secretary of State for The Home Department (Article 8 Echr – Dublin Regulation – Interface – Proportionality) (IJR): UTIAC 22 Jan 2016

Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Duty of Fairness to taxpayer – Written Assurance The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax. Held: Where the lawfulness of the section … Continue reading Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

Office of Communications and Another v Floe Telecom Ltd: CA 10 Feb 2009

The court was asked to accept an appeal against not the order made by the tribunal, but the terms of the reasoned judgment. Held: The appeal was allowed. The Tribunal had made findings which were unnecessary to its judgment, and which were capable of being damaging to the public interest. Even though the Regulator had … Continue reading Office of Communications and Another v Floe Telecom Ltd: CA 10 Feb 2009

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

Reports

The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index