The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
Penalties for late filing of P35 for three consecutive years- whether returns for first two years were delivered to HMRC – Interpretation Act 1978 – appeal for those two years allowed and penalties set aside – whether penalty of pounds 400 for not filing the 2009-10 return online was unfair and/or disproportionate – no – … Continue reading Ross (T/A Hilltop Boarding Kennels) v Revenue and Customs: FTTTx 12 Dec 2011
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The purposive approach to the interpretation of statutes will ‘promote the general legislative purpose underlying the provisions’ Judges: Lord Denning MR Citations: [1978] 1 All ER 1243 Jurisdiction: England and Wales Cited by: Appeal from – Nothman v Barnet London Borough County Council HL 1978 The normal retiring age for an employee is to be … Continue reading Notham v London Borough of Barnet: CA 1978
Excise Duty Hydrocarbon Oil – (See Also Excise Restoration of Vehicle) : Civil Penalty – Return under regulation 9 of SI 2002/2057 – whether submitted after due date – whether penalty validly imposed – whether failure to submit return on time – whether s 7 Interpretation Act 1978 applies -whether reasonable excuse – appeal upheld. … Continue reading Holsworthy Ltd v Revenue and Customs: FTTTx 12 Dec 2018
Delivery by post. S7 Interpretation Act 1978. Delivery in due course of post – meaning of. Foresight Financial Services [TC/2011/04204] considered. Conscionable conduct. Penalties – P35 [2012] UKFTT 472 (TC) Bailii England and Wales Taxes Management Updated: 17 November 2021; Ref: scu.466056
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
Application for permission to make a late appeal – ss 83F, 83G and 98 VAT Act 1994 – s 7 Interpretation Act 1978 – no deemed receipt of letter sent to HMRC – Appellant’s belief amounted to a reasonable excuse for failure to appeal in time but not . .
A party to an arbitration under the 1996 Act disputed whether the award had been served so as to leave that party out of time to appeal.
Rix LJ spoke of the common law as requiring proof of receipt, whereas the Interpretation Act deemed receipt . .
VAT – procedure- whether FTT made errors of law in permitting an appeal to proceed out of time – ss 83F, 83G and 98 VATA 1994- s 7 Interpretation Act 1978 . .
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’. Lord Keith of Kinkel: The tests were guidelines, but . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claimant challenged a decision taken by the Department of Justice not to re-open or reconsider an earlier decision of the Secretary of State taken in 2002 to refuse him compensation under section 133 of the 1988 Act for the compensation of people who spent time in custody following a wrongful conviction. The Department of … Continue reading Magee, Re Judicial Review: QBNI 28 May 2013
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableWhere a Claimant has retained a solicitor to act for him and failed to meet the deadline for presenting a complaint of unfair dismissal to an Employment Tribunal, the adviser’s fault will defeat any attempt to argue that it was not reasonably practicable to make a timely … Continue reading El-Kholy v Rentokil Initial Facilities Services (UK) Ltd: EAT 21 Mar 2013
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The time limits for lodging appeals against Employment tribunal rulings are strict. The date of promulgation is the operative date from which the date sent is to be calculated. The rules set aside the normal rules on interpretation as to when a document might be deemed to arrive. Judges: Morrison P Citations: Gazette 02-Sep-1999, [1999] … Continue reading Hammersmith and Fulham London Borough Council v Ladejobi: EAT 2 Sep 1999
This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared proportionately between all those whose property and entitlements were imperilled as a result of that seizure – … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
The claimant had been unfairly dismissed from her position as justices’ clerk. After appeal her additional claims for retirement and other compensation under the 1978 Regulations had been remitted to the Employment tribunal which had reconsidered and acceded to the claim. The Secretary of State appealed, saying that the Tribunal had failed properly to apply … Continue reading Secretary of State for Justice v Slee (2): Admn 22 Jan 2010
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
The court discussed what was meant by the curtilage of the appellant’s house: ‘Thus the sole issue is whether Mr Dyer’s house is or is not within the curtilage of another building or, by the application of section 6 of the Interpretation Act 1978, of more than one other building. This is a question of … Continue reading Dyer v Dorset County Council: CA 1988
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996
(reversed) The local authority sought to acquire the plaintiff’s bungalow by compulsory powers which allowed it to purchase land required to construct a new sewer. Held: By the 1978 Act, the word land was to be read to include buildings upon the land, and this was a correct purchase. Citations: [1973] 2 All ER 1123 … Continue reading Hutton v Esher Urban District Council: CA 1973
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002
The tenant took a lease for under 7 years, accepting repairing and other obligations. The question was how those obligations fitted the landlord’s implied obligations under section 32, and the effect of the section on decorating covenants. The landlord argued that the decoration was not repair, that the statutory implied obligations were to be subtracted … Continue reading Irvine v Moran: 1991
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of its share of development costs. Friends Provident paid the developer its share … Continue reading Friends’ Provident Life Office v Hillier, Parker May and Rowden: CA 1997
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
The taxpayer defendant (C) had been both resident and ordinarily resident in the UK. He moved to Los Angeles in 1978 making his home and business there until May 1979, when, not having set foot in the UK in the interim, he returned to reside in the UK. The Commissioners ruled that he had not … Continue reading Reed v Clark: ChD 1986
LANDLORD AND TENANT – SERVICE CHARGES – s196 Law of Property Act 1925 – s 7 Interpretation Act 1978 – service of notices – waiver of invalidity of notices – s20B Landlord and Tenant Act 1985, contents of notices – appeal allowed. Citations: [2017] UKUT 150 (LC) Links: Bailii Statutes: Law of Property Act 1925 … Continue reading London Borough of Southwark v Akhtar Re: 11 and 54 John Kennedy House: UTLC 20 Apr 2017
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk. Over time the various water marks had … Continue reading Lynn Shellfish Ltd and Others v Loose and Another: SC 13 Apr 2016
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
EAT Transfer of Undertakings : Service Provision Change – Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) Regulation 3(1)(b) – service provision change (‘SPC’) – ‘the client’ The appeal raised a novel point: whether ‘a’ or ‘the’ client, for the purpose of a SPC transfer under Regulation 3(1)(b) was to be understood solely in … Continue reading Ottimo Property Services Ltd v Duncan and Another: EAT 9 Jan 2015
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
Use of ‘Without Prejudice Save as to Costs” A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the … Continue reading Rush and Tompkins Ltd v Greater London Council and Another: HL 1988
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law. However, the court has no jurisdiction to review a decision of the visitor of a University on the construction of its … Continue reading Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page: HL 3 Dec 1992
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
No Contractual Obligation to Try Case in New York (Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York. Held: The appeal was allowed. There was … Continue reading Vizcaya Partners Ltd v Picard and Another: PC 3 Feb 2016
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009
Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980
The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their owners.’ Held: The appeals of the sewerage company succeeded. Such discharges were in their nature a trespass, … Continue reading The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: SC 2 Jul 2014
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights claimed. Held: Rectification was ordered. The Green ought not to have been registered … Continue reading Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
Refusal to return Land Contract Deposit The court was asked as to whether a seller could retain a deposit paid by the claimant on a sale where contracts had been exchanged but the buyer had proved unable to go ahead. Held: The appeal against refusal of return of the deposit failed. The court looked at … Continue reading MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another: CA 11 Nov 2008
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated to settle also this matter. Held: The appeal was dismissed. The judge’s conclusion was plainly correct. Longmore, Ryder, … Continue reading Gladman Commercial Properties v Fisher Hargreaves Proctor and Others: CA 14 Nov 2013
Cancellation of Hire Finance Contract The claimant had bought a PC with a finance agreement with the respondent. He rejected it a day later, but the respondent refused to cancel the credit agreement. The respondent had threatened to report his non-payment to credit reference companies, which in due course caused the appellant more difficulties. He … Continue reading Durkin v DSG Retail Ltd and Another: SC 26 Mar 2014
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem arose where there were a succession of contracts. It was argued … Continue reading Slack and Others v Cumbria County Council and Another: CA 3 Apr 2009
The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription. Held: Though the 1871 Act contained a wide provision against alienation, … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008
The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for discrimination. The employer contended that she had not been dismissed within the section. Held: There had been conflicting … Continue reading Nottinghamshire County Council v Meikle: CA 8 Jul 2004
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
The taxpayers had set up trusts which they said were based in Mauritius allowing them to claim double taxation relief. The Revenue had issued closure notices, confirmed by the SPCT, but overturned by the High Court. The Revenue appealed, saying that the trust was resident in the UK. Held: The appeal suceeded (Patten LJ dissenting … Continue reading Revenue and Customs v Smallwood and Another: CA 8 Jul 2010
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was not limited in the way suggested. Held: Though privately operated, … Continue reading Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority: CA 23 Oct 2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
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 rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
In 1987, trustees holding land for various beneficiaries in undivided shares entered into a contract to sell it to a purchaser. In 1989 Mr and Mrs Jerome, who were absolutely entitled to interests in the land, assigned part of their beneficial . .
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 . .
