ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012
In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees. Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party … Continue reading Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001
Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the employment relationship, which facilitates his adjustment to the new circumstances resulting from the loss of his … Continue reading Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990
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
ECJ It would be incompatible with the binding effect which article 189 of the EEC treaty ascribes to directives to exclude in principle the possibility of the obligation imposed by it being relied upon by persons concerned. Particularly in cases in which the community authorities have, by means of a directive, placed member states under … Continue reading Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982
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
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia. Held: The international system of arbitration was not subject to any national law and did not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The … Continue reading ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 2008
ECJ (Freedom Of Establishment) Failure of a Member State to fulfil obligations Freedom of movement for persons Freedom of movement for workers Freedom to provide services Freedom of establishment Free movement of capital Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area Directive 2002/83/EC Tax legislation providing for less favourable … Continue reading Commission v Belgium C-522/04: ECJ 5 Jul 2007
Euratom Treaty – Action for annulment and action for damages – Conclusion of a contract for the supply of uranium – Simplified procedure – Powers of the Agency – Tine-limit for conclusion of the contract – Legal obstacle to conclusion – Diversification policy – Origin of the uranium – Market-related prices. Joined cases T-149/94 and … Continue reading Kernkraftwerke Lippe-Ems v Commission: ECFI 25 Feb 1997
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
Judgment – Article 95 of the Treaty – Differential tax on motor vehicles Citations: C-284/96, [1997] EUECJ C-284/96 Links: Bailii Jurisdiction: European Taxes – Other Updated: 05 July 2022; Ref: scu.161934
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community. Held: The scheme did infringe the right of free movement of goods, but the court … Continue reading Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002
ECJ 1. Freedom of movement for persons, freedom of establishment and freedom to provide services, which are fundamental in the community system, would not be fully realized if a member state were entitled to refuse to grant the benefit of the provisions of community law to those of its nationals who are established in another … Continue reading Gullung v Conseil De L’Ordre Des Avocats Du Barreau De Colmar Et De Saverne: ECJ 19 Jan 1988
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice cream contravened articles 81 and 82. On 28 May 1992 the High Court dismissed the … Continue reading Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003
An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses. Held: The court did not hold that since the fundamental right of assembly was in issue it followed … Continue reading Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003
ECJ EC and ECSC Treaties – State aid – Composition of the Commission – Notification to the Commission of aid and planned aid – Concept and substance of notification – Scope of the ECSC Treaty – Fifth Steel Aid Code – Powers of the Commission ratione temporis – Article 87(2)(c) EC – Privatisation procedure – … Continue reading Germany v Commission (Judgment): ECJ 28 Jan 2003
ECJ Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter from the Commission informing the applicant of the continuation of a procedure for cancelling a contribution and recovering the amount already paid (EC Treaty, Art. 173; Council Regulation No 4028/86) Any measure which produces binding legal effects such … Continue reading Ca’Pasta v Commission: ECFI 16 Jul 1998
ECJ 1 Non-contractual liability – Conditions – Lawful or unlawful act – Damage – Causal link – Burden of proof (EC Treaty, Art. 215) 2 Non-contractual liability – Conditions – Regulation imposing a trade embargo against a non-member country – Damage resulting from retaliatory measures taken by the government of that country – Causal link … Continue reading Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998
ECJ Competition – Article 85(1) of the EC Treaty – Proof of participation in collusion – Fine – Turnover – Determination of the amount – Mitigating circumstances. Citations: T-304/94, [1998] EUECJ T-304/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172921
ECJ ECSC Treaty – Competition – Agreements between undertakings – System for the exchange of information – Fine – Responsibility for the infringement. Citations: T-134/94, [1999] EUECJ T-134/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172825
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. Neste acquired the supplier and after the 10-year period had expired the operator stopped … Continue reading Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based outside EU. United Kingdom legislation restricting fiscal reliefs or advantages to cases where the relevant … Continue reading Imperial Chemical Industries v Colmer: ECJ 16 Jul 1998
ECJ Judgment – 1 Freedom to provide services – Television broadcasting – Directive 89/552 – Television broadcaster coming under the jurisdiction of a Member State – Determining criterion – Establishment – Effects of the origin of broadcast programmes on a Member State’s jurisdiction – None (Council Directive 89/552, Art. 2(1)) 2 Freedom to provide services … Continue reading Criminal proceedings against Denuit: ECJ 29 May 1997
ECJ Preliminary rulings – Reference to the Court – National court or tribunal within the meaning of Article 177 of the Treaty – Definition – Body competent to hear appeals concerning the award of public contracts. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Provision requiring Member … Continue reading Dorsch Consult Ingenieursgesellschaft v Bundesbaugesellschaft Berlin mbH: ECJ 17 Sep 1997
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995
Europa Bananas – Common organization of the markets – Import regime. In the procedure for the adoption of a regulation by the Council, the fact that the proposal from the Commission, amended in accordance with a political agreement accepted by the competent member on behalf of the Commission at a Council session and approved by … Continue reading Federal Republic of Germany v Council of the European Union: ECJ 5 Oct 1994
ECJ The suspension of customs duties pursuant to Regulation No 3563/84 applying generalized tariff preferences for 1985 to textile products originating in developing countries is dependent upon the Nimexe code corresponding to the imported product being referred to in one of the two annexes to the regulation. Men’ s linen windcheaters imported from China and … Continue reading Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993
Europa Legislation of a Member State which makes the deductibility of sickness and invalidity insurance contributions or pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of … Continue reading Bachmann v Belgian State: ECJ 28 Jan 1992
ECJ 1. In the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution’s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those factors include in particular the … Continue reading Commission v Council: ECJ 11 Jun 1991
Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990
Europa Aid granted by states – commission decision declaring aid incompatible with the common market – obligation of the member state concerned (EEC treaty, arts 92 and 93) Where a formal decision has been adopted by the commission declaring aid granted by a state to be incompatible with the common market, the member state concerned … Continue reading Commission v Italy (Rec 1984,P 2849) (Judgment): ECJ 11 Jul 1984
Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council) 1. The … Continue reading Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980
The social purposes of the Treaty in article 119 (141 EC) overrode the economic aims of the Treaty. Accordingly the article did not preclude a requirement upon a member state which imposed obligations to satisfy that social aim, even though it migt have economic consequences which risked an adverse effect upon that member states international … Continue reading Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another: ECJ 28 Mar 2000
The court considered the right of a worker claiming a community right to work here: ‘the underlying principle is that, in order to render a community right effective, it may be necessary to recognise a derivative right in a non-national who has no independent community rights.’ The Austrian employer would not be able to exercise … Continue reading Regina (on the application of Loutchansky and Others) v The First Secretary of State: 2005
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
ECJ National rules prohibiting the registration of mortgages in foreign currencies – Breach of that prohibition before Community law entered into force in Austria – Interpretation of Article 73b of the EC Treaty (now Article 56 EC) – Whether Community law can operate to remedy the registration) Judges: A. La Pergola, P Citations: [2001] EUECJ … Continue reading Westdeutsche Landesbank Girozentrale v Stefan: ECJ 11 Jan 2001
An individual has no standing directly to enforce European Treaty without clear rights given. Citations: Gazette 15-Sep-1995 Jurisdiction: England and Wales European Updated: 28 April 2022; Ref: scu.87849
Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations. Citations: Times 20-Oct-1999, C-124/97) Statutes: ECTreaty Art 49 Licensing, European Updated: 09 April 2022; Ref: … Continue reading Laara and Others v Kihlakunnansyyttaja (Jyvilskyla) and Others: ECJ 20 Oct 1999
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
ECJ Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance … Continue reading Commission v Belgium C-522/04: ECJ 3 Oct 2006
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way Implementation by a Member State Transfer of powers to regional authorities of a Member State Discrimination contrary to Community lawThe Court considered a Memorandum of … Continue reading Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
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
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory. Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
The applicant appealed a refusal to rule that the system of allowing females better retirement options than would be granted to him as a Health Service employee were sexually discriminatory. The difference arose because of differentials applied before the directive came into effect, by the 1980 regulations. The case fell within the rule in Barber, … Continue reading William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002
A political treaty, between sovereigns, or parties exercising sovereign authority cannot be the subject of a municipal jurisdiction. Citations: [1789] EngR 1626, (1789-1817) 1 Ves Jun Supp 149, (1789) 34 ER 729 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 1789 . . Cited … Continue reading Nabob of The Carnatic v The East India Company: 2 Jan 1789
The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating. Held: The outbuilding to which alterations were made must have been a ‘protected building’. Note (1) defines a protected building as both ‘a building which is … Continue reading Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004
The claimant appealed a refusal to order that a dispute between insurer and re-insurer be referred to arbitration. One party sought to avoid liability under the policy, alleging misrepresentation. Discussions had been undertaking settling a revised form of agreement, but the forms had not been signed. The judge had held that the new document formal … Continue reading Sun Life Assurance Company of Canada (A Company Established Pursuant To the Laws of Canada) v CX Reinsurance Company Limited (Formerly CNA Reinsurance Company Ltd): CA 6 Mar 2003
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
The Lawn Tennis Association’s anti-doping rules are arguably void since they did not give any effective right of appeal. Citations: Times 15-Jul-1996 Statutes: Anti-Doping Convention 1989 (European Treaty Series I35) Jurisdiction: England and Wales Citing: See Also – Wilander and Another v Tobin and Another CA 8-Apr-1996 The reversal of the burden of proof was … Continue reading Wilander and Another v Tobin and Another: ChD 15 Jul 1996
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005
INCOME TAX – pension fund lending overseas shares under stock lending arrangements – ICTA 1988, Sch 23A – manufactured overseas dividends (‘MODs’) representative of dividends on overseas shares – whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital – … Continue reading Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs: UTTC 16 May 2018
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
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
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
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced the waiting time to four months. She sought judicial review, and to recover the cost … Continue reading Watts, Regina (on the Application of) v Bedford Primary Care Trust and others: Admn 1 Oct 2003
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019
The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
UTIAC (1) A person may acquire qualifying residence for the purposes of exercising Treaty rights in respect of periods of residence arising before the UK became part of the European Community on 1 January 1973. (2) Similarly, a person may acquire qualifying residence in respect of periods of residence arising before the implementation of the … Continue reading Vassallo (Qualifying Residence; Pre-UK Accession): UTIAC 11 Apr 2014
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President 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 … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
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