Search Results for: King

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Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

Making Productions Ltd v Revenue and Customs (Corporation Tax – Penalties for Failure To File Company Tax Returns): FTTTx 14 Aug 2019

Penalties for failure to file company tax returns – Schedule 18 Finance Act 1998 – taxpayer relied on agent to file returns – unaware returns had not been filed – whether reasonable excuse – no – appeal dismissed Citations: [2019] UKFTT 535 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 31 December 2022; … Continue reading Making Productions Ltd v Revenue and Customs (Corporation Tax – Penalties for Failure To File Company Tax Returns): FTTTx 14 Aug 2019

The King v Pilkington And Shute and co: 1728

An information was brought against the defendants for a riot in soliciting an assembly, and contributing a poll for the sheriff, and co. Citations: [1728] EngR 472, (1728) Skin 117, (1728) 90 ER 55 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 31 December 2022; Ref: scu.388805

Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984

Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings … Continue reading Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

Buckinghamshire Council (Local Government): ICO 1 Nov 2022

The complainant requested from Buckinghamshire Council (the Council) information relating to Westhorpe Interchange project. The Council provided some information relating to the request, but refused the remaining information under regulation 12(4)(d) (material in the course of completion, unfinished documents and incomplete data) of EIR. The Commissioner’s decision is that regulation 12(4)(d) of EIR is engaged … Continue reading Buckinghamshire Council (Local Government): ICO 1 Nov 2022

London Borough of Barking and Dagenham (Local Government): ICO 9 Nov 2021

The complainant requested information from the London Borough of Barking and Dagenham (‘the Council’) relating to a controlled parking zone. By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed … Continue reading London Borough of Barking and Dagenham (Local Government): ICO 9 Nov 2021

King v Bristow Helicopters Limited: SCS 12 Jul 2000

The pursuer and reclaimer sought damages as reparation for ‘loss, injury and damage’ which he claims to have suffered as the result of his involvement in an incident on 22 December 1993. At the relevant time the pursuer was a passenger on board a helicopter chartered by the defenders. Judges: Lord President, Lord Cameron of … Continue reading King v Bristow Helicopters Limited: SCS 12 Jul 2000

Whisky Viking (Trade Mark: Opposition): IPO 26 Sep 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Composite word and device marks Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Treatment of descriptive / allusive elements Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Particular visual / aural … Continue reading Whisky Viking (Trade Mark: Opposition): IPO 26 Sep 2019

Workingwall (Trade Mark: Opposition): IPO 20 Dec 2018

Section 3(1) Descriptiveness / Distinctiveness – Devoid of character – slogans Section 3(1) Descriptiveness / Distinctiveness – Descriptiveness – geographical signs Section 3(1) Descriptiveness / Distinctiveness – Customary in the language etc. – customary in the language Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Imperfect recollection Citations: [2018] UKIntelP o82118 Links: Bailii Jurisdiction: … Continue reading Workingwall (Trade Mark: Opposition): IPO 20 Dec 2018

West Lancashire Borough Council (Undertakings): ICO 13 Jul 2012

An undertaking to comply with the seventh data protection principle has been signed by West Lancashire Borough Council. This follows the theft of a business continuity bag containing emergency response documents and personal data relating to 370 council employees. Citations: [2012] UKICO 2012-31 Links: Bailii Jurisdiction: England and Wales Information Updated: 09 December 2022; Ref: … Continue reading West Lancashire Borough Council (Undertakings): ICO 13 Jul 2012

Morrison v Buckinghamshire County Council and Another: QBD 20 Dec 2011

The claimant brought an action in defamation against officers of the Council. Applications were now made for permission to amend, and for the defendant summary judgment on the basis that the claim had no prospect of success. Judges: Parkes QC J Citations: [2011] EWHC 3444 (QB) Links: Bailii Jurisdiction: England and Wales Defamation Updated: 09 … Continue reading Morrison v Buckinghamshire County Council and Another: QBD 20 Dec 2011

Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

Re Rw Peak (Kings Lynn) Ltd: CA 12 May 1999

All shareholders agreed for the company’s purchase of one’s shares. One said this was void, that the formalities had not been followed, the company said all the shareholders agreed. The court held the formalities protected others also; the deal was void. Citations: Gazette 12-May-1999, [1998] 1 BCLC 193 Statutes: Companies Act 1985 143, 164 Jurisdiction: … Continue reading Re Rw Peak (Kings Lynn) Ltd: CA 12 May 1999

Yi-Lucas v Lloyds Banking Group Plc (Practice and Procedure): EAT 22 Oct 2020

In this case the Claimant sought various remedies from a number of persons. The first person she convened was Lloyds Banking Group plc. In a previous tribunal application, the Claimant had convened Lloyds Banking Group plc together with other persons. The Tribunal had decided she was not employed by Lloyds and was not entitled to … Continue reading Yi-Lucas v Lloyds Banking Group Plc (Practice and Procedure): EAT 22 Oct 2020

Kingston Hospital NHS Foundation Trust (Health (NHS)): ICO 18 Jun 2015

The complainant made a freedom of information request to Kingston Hospital NHS foundation Trust for all documents submitted by the winning bidder in a tender for outpatient pharmacy, retail and Homecare services at the Trust. The Trust refused the request under the exemption in section 40(2) (personal information), section 41 (information provided in confidence) and … Continue reading Kingston Hospital NHS Foundation Trust (Health (NHS)): ICO 18 Jun 2015

Kingston’s (Duchess) Case: 1776

The judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties coming incidentaly in question in another court for a different purpose. The principle of litigation privilege is restricted to legal advice. Citations: (1776) 1 East PC 468, (1776) 20 … Continue reading Kingston’s (Duchess) Case: 1776

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

A v Revenue and Customs (Income Tax – Whether Payment for A Restrictive Undertaking In Connection With The Individual’s Current, Future or Past Employment – Yes): FTTTx 14 Nov 2022

INCOME TAX – section 225 ITEPA 2003 – whether payment for a restrictive undertaking in connection with the individual’s current, future or past employment – yes – section 401 ITEPA 2003 – whether payment to appellant by employer under settlement agreement indirectly in consequence of, or otherwise in connection with, the termination of employment – … Continue reading A v Revenue and Customs (Income Tax – Whether Payment for A Restrictive Undertaking In Connection With The Individual’s Current, Future or Past Employment – Yes): FTTTx 14 Nov 2022

Contentisking Ltd v Revenue and Customs (VAT – Penalties : Reasonable Excuse): FTTTx 28 Jan 2019

VALUE ADDED TAX – default surcharge – whether failure to pay VAT on time as a result of being unaware of a same day transfer limit applied by the Appellant’s bank amounts to a reasonable excuse – no – whether penalty disproportionate – no – appeal dismissed Citations: [2019] UKFTT 64 (TC) Links: Bailii Jurisdiction: … Continue reading Contentisking Ltd v Revenue and Customs (VAT – Penalties : Reasonable Excuse): FTTTx 28 Jan 2019

Z and T v United Kingdom: ECHR 28 Feb 2006

The applicants were Christian Pakistanis. Their asylum claims having failed, they feared that if returned to Pakistan, they would be persecuted, and asked for their article 9 rights, saying that the flagrant denial test should not be applied, as this would fail to respect the primacy of the applicants’ religious rights. Held: The argument was … Continue reading Z and T v United Kingdom: ECHR 28 Feb 2006

Union Steamship Company of Australia Pty Ltd v King: 26 Oct 1988

Austlii (High Court of Australia) Constitutional Law (Cth) – Inconsistency between Commonwealth and State laws – Compensation of seamen – Laws expressly contemplating coexistence of laws – Whether Commonwealth law covers field – The Constitution (63 and 64 Vict c. 12), s.109 – Seamen’s Compensation Act 1911 (Cth), ss.5(2)(e), 10A – Australia Act 1986 (Cth), … Continue reading Union Steamship Company of Australia Pty Ltd v King: 26 Oct 1988

Howitt Ltd v King and others: EAT 18 Dec 2007

EAT Transfer of Undertakings: Transfer Practice and Procedure: Appellate jurisdiction/reasons/Burns-Barke Relevant transfer – perversity – issue raised and not contested – not permitted to be re-opened on appeal. Judges: Peter Clark J Citations: [2007] UKEAT 0349 – 07 – 1812 Links: Bailii Jurisdiction: England and Wales Employment Updated: 06 December 2022; Ref: scu.266655

Brighton and Hove Council (Undertakings): ICO 18 Jan 2012

Brighton and Hove Council emailed the details of another member of staff’s annual salary – and the deductions made from this – to 2,821 council workers. A third party also informed the ICO of a historic breach which occurred in May 2009 when an unencrypted laptop was stolen from the home of a temporary employee. … Continue reading Brighton and Hove Council (Undertakings): ICO 18 Jan 2012

Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener): ECJ 21 Jun 2001

Rules within the Irish republic which differentiated between imported precious metal goods and such goods produced internally, were contrary to European law as measures having effect as quantitative restrictions on imports. The rules affected were those, prohibiting distribution of imported goods with descriptions appropriate to their country of origin, requiring extra and sponsor’s marks, requiring … Continue reading Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener): ECJ 21 Jun 2001

Hosking v Legal and General Ventures Limited (2): CA 12 Feb 1999

Citations: [1999] EWCA Civ 775 Jurisdiction: England and Wales Cited by: Cited – Becerra v Close Brothers ComC 25-Jun-1999 ComC Claim for fee for introducing successful bidder at a controlled auction – no express contract – no implied contract based on City practice – claim for quantum meruit failed because no express or implied . … Continue reading Hosking v Legal and General Ventures Limited (2): CA 12 Feb 1999

Noble v Box and Others (Transfer of Undertakings): EAT 29 Mar 2021

Transfer of Undertakings The appeal is one in which no party other than the Appellant was represented. That representative, although experienced in the employment law field, is not a qualified lawyer. No authority was cited to the EAT, and the decision is one which should be treated with care. However the EAT held that the … Continue reading Noble v Box and Others (Transfer of Undertakings): EAT 29 Mar 2021

Carnduff v The United Kingdom: ECHR 10 Feb 2004

Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. Judges: M. Pellonpaa, P Citations: 18905/02, [2004] ECHR 731 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Carnduff v Inspector Rock and … Continue reading Carnduff v The United Kingdom: ECHR 10 Feb 2004

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

ALF v United Kingdom: ECHR 12 Nov 2013

ECHR – DECISION Citations: 5908/12, [2013] ECHR 1370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682590

Lewis and others v King: CA 19 Oct 2004

The claimant sought damages for defamation for an article published on the Internet. The claimant Don King sued in London even though he lived in the US as did the defendants. Held: A publication via the internet occurred when the material was downloaded. Publication takes place, for the purposes of a defamation claim, where the … Continue reading Lewis and others v King: CA 19 Oct 2004

The King v The Bishop of Durham, The Chancellor, Master And Scholars of Cambridge, Edward Fenwich, John Ward And Edward Fenwich Jun Clerk: 1792

A grant of a manor with all advowsons, and co. thereunto belonging, will not extend to an advowson severed in ancient times, though it was appendant to the manor 300 years ago. Citations: [1792] EngR 2570, (1792) 1 Com 361, (1792) 92 ER 1112 Links: Commonlii Land Updated: 01 December 2022; Ref: scu.360782

McTear Contracts Ltd v Bennett and Others (Transfer of Undertakings; Service Provision Change; Multiple Transferees): EAT 25 Feb 2021

TRANSFER OF UNDERTAKINGS; service provision change; multiple transferees A client local authority (‘N’) re-tendered the work for replacement of kitchens within its social housing stock. All of the work under the previous contract had been carried out by a single contractor (‘A’). A group of A’s employees had worked exclusively on the contract between N … Continue reading McTear Contracts Ltd v Bennett and Others (Transfer of Undertakings; Service Provision Change; Multiple Transferees): EAT 25 Feb 2021

Commission v United Kingdom: ECJ 4 Jun 2015

ECJ Judgment – Failure of a Member State to fulfil obligations – Common system of value added tax – Directive 2006/112/EC – Article 98(2) – Category (10) of Annex III – Reduced rate of VAT applicable to the provision, construction, renovation and alteration of housing, as part of a social policy – Category (10a) of … Continue reading Commission v United Kingdom: ECJ 4 Jun 2015

SJ v Belgium (Striking Out): ECHR 19 Mar 2015

ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015

Ferguson and Others v Astrea Asset Management Ltd (Transfer of Undertakings): EAT 15 May 2020

The Claimants were directors of Lancer and beneficial owners of Lancer’s holding company; Messrs Ferguson and Kevill were also employees of Lancer and Messrs Lax and Pull were employed by companies which they controlled which contracted their services to Lancer; there were seven other Lancer employees. Lancer’s sole business was managing the Berkeley Square Estate … Continue reading Ferguson and Others v Astrea Asset Management Ltd (Transfer of Undertakings): EAT 15 May 2020

DC (Trafficking, Protection/Human Rights Appeals : Albania): UTIAC 3 Sep 2019

In the light of the judgment of Flaux LJ in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 and subsequent decisions of the Upper Tribunal and Administrative Court, a tribunal deciding a protection or human rights appeal, which concerns alleged trafficking within the scope of the Council of Europe … Continue reading DC (Trafficking, Protection/Human Rights Appeals : Albania): UTIAC 3 Sep 2019