Search Results for: Courts Act 2003 99

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Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Delaney v Delaney: CA 2 Nov 1995

A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after sentence so that consideration could be given to whether the contemnor had purged his contempt. … Continue reading Delaney v Delaney: CA 2 Nov 1995

West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the decisions was final … Continue reading West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

J v V (Disclosure: Offshore Corporations): FD 2003

A prenuptial agreement had been signed on the eve of marriage without advice or disclosure and without allowance for arrival of children. Coleridge J also considered the use of documents recovered by a party by unauthorised or improper means. He said: ‘The use of Hildebrand documents in English ancillary relief proceedings is perfectly permissible subject … Continue reading J v V (Disclosure: Offshore Corporations): FD 2003

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999

There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the contract is not a sham, it is likely to wish … Continue reading Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999

Rosseel N V v Oriental Commercial Shipping Company (UK) Ltd: 1990

The court discouraged the grant of ancillary relief where such grant would obstruct or hamper the management of the case by the primary court in another jurisdiction or give rise to a risk of conflicting, inconsistent or overlapping orders in other courts. Citations: [1990] 1 WLR 1387 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Rosseel N V v Oriental Commercial Shipping Company (UK) Ltd: 1990

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

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

BP Oil UK Ltd v Kent County Council: CA 13 Jun 2003

BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a … Continue reading BP Oil UK Ltd v Kent County Council: CA 13 Jun 2003

Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Anton Durbeck GmbH v Den Norske Bank ASA: CA 3 Feb 2003

Claimant cargo owners sought to have decided in England, their dispute with the respondent. The respondent was domiciled in a country signatory to the Convention, and had offices here. Held: To establish jurisdiction for the English courts, the claimant had to show that there was a sufficient connection to say properly that the loss arose … Continue reading Anton Durbeck GmbH v Den Norske Bank ASA: CA 3 Feb 2003

Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm): CA 11 Jun 1997

The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant’s employees to misappropriate some US$ 21 million. It was conceded that there was a good arguable case against Mr Cuoghi, which would have justified worldwide … Continue reading Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm): CA 11 Jun 1997

Blake v Associated Newspapers Ltd: QBD 31 Jul 2003

The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine. Held: The claim could not be heard. Gray J said: ‘It is well established . . that the court will not venture into … Continue reading Blake v Associated Newspapers Ltd: QBD 31 Jul 2003

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

A and Another v Essex County Council: CA 17 Dec 2003

The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003

Pearce v Ove Arup Partnership Ltd and others: CA 21 Jan 1999

An English court does not have to refuse an application which sought to apply a foreign copyright law in a claim based on acts committed abroad on the basis that not actionable here. Such restrictions applicable to land actions only: ‘It is, we think, clear from an analysis of the judgments in the Mocambique case … Continue reading Pearce v Ove Arup Partnership Ltd and others: CA 21 Jan 1999

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

Wisniewski v Central Manchester Health Authority: CA 1997

The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on … Continue reading Wisniewski v Central Manchester Health Authority: CA 1997

S v S-T (Formerly J): CA 25 Nov 1996

The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief. Held: Ancillary relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996

Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003

The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003

Toomey v Eagle Star Insurance Co Ltd: CA 1994

The word ‘reinsurance’ is often used loosely simply to describe any contract of insurance which is placed by or for the benefit of an insurer, but it should be construed more properly to require the insurance of an insurable interest in the subject matter of an original insurance. ‘The Court must ask itself whether the … Continue reading Toomey v Eagle Star Insurance Co Ltd: CA 1994

Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003

The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003

Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003

The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and other failures. Judges: Lord Justice Aldous, Lord Justice Chadwick, Mr Justice Munby Citations: Times 20-Feb-2003, … Continue reading Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003

M v the Secretary of State for the Home Department: CA 19 Feb 2003

The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his sentence and on release. The respondent decided that he should be deported under the 1971 Act, but gave … Continue reading M v the Secretary of State for the Home Department: CA 19 Feb 2003

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

Browne v The Queen: PC 6 May 1999

(St Christopher and Nevis) The appellant had been convicted of murder whilst still a youth. He had accordingly been sentenced to be detained ‘during [the Governor-General’s] pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Administrator in Council may direct and, while so … Continue reading Browne v The Queen: PC 6 May 1999

Regina v Dosanjh: CACD 1 May 1998

In cases involving repeated, and continuing abuse of the personal import allowances system, courts should pay less attention to mitigating factors. The standards for prison terms for different values and the court gave giuidance as to when consecutive offences were correct. Judges: Rose VP CACD LJ, Butterfield, Richards JJ Citations: Gazette 03-Jun-1998, Times 07-May-1998, [1998] … Continue reading Regina v Dosanjh: CACD 1 May 1998

Regina v Hickey, Hickey, Robinson, Molloy: CACD 30 Jul 1997

The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, but only with the safety of the conviction: ‘This may, at first … Continue reading Regina v Hickey, Hickey, Robinson, Molloy: CACD 30 Jul 1997

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993

Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very … Continue reading Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

Regina v Stocker: CACD 20 Jan 2003

Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003

Attorney General of Hong Kong v Lee Kwong-Kut: PC 1993

(Hong Kong) In order to maintain the balance between the individual and the society as a whole, rigid and inflexible standards should not be imposed on the legislature’s attempts to resolve the difficult and intransigent problems with which society is faced when seeking to deal with serious crime. It must be remembered that questions of … Continue reading Attorney General of Hong Kong v Lee Kwong-Kut: PC 1993

The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003

The father sought to withdraw his application for contact, but the court took the opportunity to explain some points relating to contact disputes. Held: Such disputes engender very deep feelings. Courts must ensure contact with both parents save when absolutely necessary. Joint residence order should be more widespread, but they were not the default order. … Continue reading The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003

Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003

Several appeals were heard on references against unduly lenient sentences of sex offenders. Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing exercise should be conversant with the guideline cases, and act accordingly. Guideline cases are not to be applied mechanically, but … Continue reading Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994

The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that was subsequently withdrawn. Held: The taxpayer’s application failed. A tax clearance certificate was properly withdrawn for a failure … Continue reading Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Steel and Others v The United Kingdom: ECHR 23 Sep 1998

The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998

Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd: 1991

A company pension scheme had been operating for many years, with increases being provided for under one rule. A new rule was introduced to provide regular increases. The company was taken over, and the trustees sought clarification of the company’s obligations. Held: The new rule provided a minimum increase but no right for the trustees … Continue reading Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd: 1991

Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998

A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998

Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared voidIn a dispute between the applicant and a neighbour concerning the latter’s view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit … Continue reading Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

In re Wasfi Suleman Mahmod: Admn 17 Jan 1994

Laws J considered the Hardial Singh principles, adding: ‘While, of course, Parliament is entitled to confer powers of administrative detention without trial, the courts will see to it that where such a power is conferred the statute that confers it will be strictly and narrowly construed and its operation and effect will be supervised by … Continue reading In re Wasfi Suleman Mahmod: Admn 17 Jan 1994

1 Pump Court Chambers v Horton: EAT 2 Dec 2003

The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003

P v BW (Children Cases: Hearings in Public): FD 2003

The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003

Worcestershire County Council v Tongue and others: ChD 6 Aug 2003

The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had … Continue reading Worcestershire County Council v Tongue and others: ChD 6 Aug 2003

Hulbert and Others v Avens and Another: ChD 30 Jan 2003

The claimant sought damages for breach of trust against the defendant solicitors, who had acted as trustees under deeds of trust. They claimed for losses incurred by way of penalties for the late payment of capital gains tax. The defendants said that there should be offset the sums earned by the unpaid tax by way … Continue reading Hulbert and Others v Avens and Another: ChD 30 Jan 2003

United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of … Continue reading United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

Roosli v Germany: ECHR 1996

Citations: (1996) 85 DR 149 Jurisdiction: Human Rights Cited by: Superceded – Karner v Austria ECHR 24-Jul-2003 A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . … Continue reading Roosli v Germany: ECHR 1996

United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal. Held: The tribunal had erred. Though Sengupta had been decided under common law, it remained instructive. Though the tribunal had cited the section, it had not applied it correctly. … Continue reading United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

Insured Financial Structures Ltd v Elektrocleplownia Tychy SA: CA 28 Jan 2003

The parties to a contract had agreed that Poland should have non-exclusive jurisdiction over disputes. Poland was not a party to the Lugano Convention, but both parties were domiciled in contracting states. Held: The agreement had extended exclusive jurisdiction to the Polish courts through article 17 of the Convention. The agreement must first be interpreted … Continue reading Insured Financial Structures Ltd v Elektrocleplownia Tychy SA: CA 28 Jan 2003

Jennings and Another v Cairns: CA 18 Nov 2003

Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of having an obligation as executor to reinstate the estate despite not herself … Continue reading Jennings and Another v Cairns: CA 18 Nov 2003

Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The … Continue reading Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another: SCS 2 Dec 2003

An adoption order had been made, but at the time, the adopted child was over the maximum age. Application was made to set it aside. Held: Adoption orders could not be set aside save for where some fraud could be demonstrated to have been practised on the court. The applicant had been adopted as he … Continue reading Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another: SCS 2 Dec 2003

Balkissoon Roodal v The State: PC 20 Nov 2003

(Trinidad and Tobago) The appellant challenged the automatic death sentence imposed upon him for murder. Held: There were conflicting constitutional provisions. Following Fisher, in the context of issues of capital sentences a wider view was required. The death penalty should no longer be read as mandatory. Legislation since 1976 meant that the court now had … Continue reading Balkissoon Roodal v The State: PC 20 Nov 2003

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law. Held: ‘Courts should be … Continue reading Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

Regina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward: CACD 16 Jul 2003

The court set down detailed guidelines for sentencing for smuggling, but stated they were not to be treated as a straitjacket. Held: The principle factors will be the level of duty evaded, the sophistication of methods used, the defendant’s position in the organisation, and personal profit. Aggravating factors included, organising, repetition after warnings, professionalism, abuse … Continue reading Regina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward: CACD 16 Jul 2003

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Glasgow City Council v DH and Another: IHCS 17 Jul 2003

Exclusion orders had been sought under the Act, but refused for non-compliance with procedures under the Act. New applications were made to different courts, and the applicant said it was not open to the Authorities to make the same application again after it had been once refused. Held: The procedure did not allow an appeal. … Continue reading Glasgow City Council v DH and Another: IHCS 17 Jul 2003

Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks was incidental. Held: There was no disjunction in principle between the words ‘incidental’ and ‘integral’ within the section. The … Continue reading Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

Bhamjee v Forsdick and others: CA 14 May 2003

Judges: Brooke, Carnwath LJJ Citations: [2003] EWCA Civ 799 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Citing: See also – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003 The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making … Continue reading Bhamjee v Forsdick and others: CA 14 May 2003

Aitken v Financial Services Compensation Scheme Limited: SCS 30 May 2003

Judges: Lord Drummond Young Citations: [2003] ScotCS 160, Times 28-Jun-2003 Links: Bailii, ScotC Statutes: Third Parties (Rights against Insurers) Act 1930, Policyholders Protection Act 1975 6 Citing: Cited – Pinner v Everett HL 1969 The House was asked whether or not a person was ‘driving or attempting to drive’ a motor vehicle when he had … Continue reading Aitken v Financial Services Compensation Scheme Limited: SCS 30 May 2003

Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

Josephine Murray and others v Greenock Dockyard Limited: SCS 4 Jun 2003

The deceased contracted mesothelioma from exposure to asbestos, and died. He and the pursuer had married in 1959 at 21. They were married over 41 years, and had one child. The marriage had its ups and downs, and for a time during the 1980s was difficult. The deceased was drinking heavily and the pursuer had … Continue reading Josephine Murray and others v Greenock Dockyard Limited: SCS 4 Jun 2003

Fowler De Pledge (A Firm) v Smith: CA 20 May 2003

The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a first appeal court had directed that a matter should be heard by another circuit … Continue reading Fowler De Pledge (A Firm) v Smith: CA 20 May 2003

Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003

The defendant appealed against her conviction saying that the Sheriff’s admission of certain evidence was a breach of her human rights. A telephone call from prison had been intercepted (routinely), from which the police had anticipated the importation of drugs to the prison by the defendant. Held: The interception was allowed under the 1989 Act, … Continue reading Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003

O’Donnell and Another v Imray and others: SCS 25 Apr 2003

The pursuer said that the defendants, her former solicitors, had been negligent when advising her. She was to claim for personal injury, but when the limitation period expired, they closed the file without advising her of the possibility of applying for an extension of time. Held: To establish a claim, the pursuer had to show … Continue reading O’Donnell and Another v Imray and others: SCS 25 Apr 2003

Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits. Held: Mr Pook owed a duty to disclose the bribes that he had taken. He … Continue reading Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

Prudential Assurance Co Ltd v Prudential Insurance Co of America: CA 12 Mar 2003

The need to avoid conflict between trade marks registered in more than one country within the community was not dealt with by the Directive, but regard had to taken of the Convention. The Cour d’Appel had issued a final judgment in proceedings for registration of the mark in France. Held: An English court was not … Continue reading Prudential Assurance Co Ltd v Prudential Insurance Co of America: CA 12 Mar 2003

Regina (Harrison) v Secretary of State for the Home Department: CA 13 Mar 2003

The claimant sought a review of the decision of the respondent not to respond to his request for a declaration as to his entitlement to citizenship. Held: The question the claimant sought to be answered was one for the courts to answer, not the respondent. That is why the system gave no right of administrative … Continue reading Regina (Harrison) v Secretary of State for the Home Department: CA 13 Mar 2003

Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003

Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI. Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the … Continue reading Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003

Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

JUDGMENT SUMMARY (Not part of the judgment of the Court) The judgment which is being handed down today relates to an Attorney General’s Reference and three appeals against sentence. The cases have been listed together to enable the Court to decide whether to give sentencing guidelines for the offences of causing death by dangerous driving … Continue reading Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

Keen v Tayside Contracts: OHCS 26 Feb 2003

The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people … Continue reading Keen v Tayside Contracts: OHCS 26 Feb 2003

AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003