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Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 24 Jul 2000

IPO The parties had entered into an agreement under which CRL agreed to take the patent application into the national phase in designated countries and in return IC would make two payments to CRL. The agreement included a default clause whereby IC would assign 30% of the patent application and any subsequent published patents to … Continue reading Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 24 Jul 2000

Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Sanjivi v East Kent Health Authority: QBD 19 Dec 2000

A person who applied to the Registered Homes Tribunal, had to be the owner of the home at the time when the order sought came to be made. In this case, the registration had been cancelled. The applicant appealed to the tribunal. The hearing was delayed, but in the meantime, the applicant sold the nursing … Continue reading Sanjivi v East Kent Health Authority: QBD 19 Dec 2000

Interlink Express Parcels Ltd v Night Trunkers Ltd and Another: ChD 23 Mar 2000

The claimant contracted to deliver parcels overnight. By a contract the defendant supplied drivers to carry out some of the work. The claimant sought a declaration that the contract was void. By virtue of the arrangement the defendant came to be operating the vehicles, and so needed a licence for carrying goods by road for … Continue reading Interlink Express Parcels Ltd v Night Trunkers Ltd and Another: ChD 23 Mar 2000

City Alliance Ltd v Oxford Forecasting Services Ltd: CA 16 Nov 2000

The parties disputed the construction of a clause in the contract between them. Held: Chadwick LJ said: ‘It is not for party who relies upon the words actually used to establish that those words effect a sensible commercial purpose. It should be assumed, as a starting point, that the parties understood the purpose which was … Continue reading City Alliance Ltd v Oxford Forecasting Services Ltd: CA 16 Nov 2000

Chief Constable of West Midlands Police, Regina (On the Application of) v Coventry Crown Court: Admn 6 Jun 2000

The Chief Constable sought judicial review of the award against him of costs after a successful appeal against the revocation of a justices’ on-licence for premises in Coventry. The initial revocation had followed the cautioning of members of the licencee’s family, but not the licensee, after drugs had been found on searching the premises. The … Continue reading Chief Constable of West Midlands Police, Regina (On the Application of) v Coventry Crown Court: Admn 6 Jun 2000

Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000

The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000

Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied. Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The … Continue reading Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Driver and Vehicle Licensing Agency (Decision Notice): ICO 17 Nov 2005

The complainant wrote to the DVLA on 4/1/05 to request information relating to the status of particular vehicles on the DVLA database. DVLA did not accept that the request required a response under the Freedom of Information Act 2000 (the ‘Act’) and instead used existing internal criteria for deciding whether the request should be honoured. … Continue reading Driver and Vehicle Licensing Agency (Decision Notice): ICO 17 Nov 2005

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000

The defendant had a cuttings service, and distributed selected articles amongst its staff. The Agency complained that this amounted to copying a substantial part of the editions from which the cuttings were taken. There was no typographical copyright infringed as the layout had changed, and the work referred to was the entire paper edition, and … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000

Eastbourne Borough Council v Charles William Stirling, Robert John Morley: Admn 31 Oct 2000

A taxi operating from private land by a station forecourt, but which could be seen to attract passengers from a nearby busy roadway, was plying for hire in a public street, and accordingly required a private licence under the Act. Citations: Times 16-Nov-2000, Gazette 07-Dec-2000, HC Admin 410 Links: Bailii Road Traffic, Licensing Updated: 29 … Continue reading Eastbourne Borough Council v Charles William Stirling, Robert John Morley: Admn 31 Oct 2000

Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000

The claimant challenged a scheme for licensing door staff on licensed premises within the city. Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been unlawful. Judges: Maurice Kay J Citations: [2000] EWHC Admin 321 Links: Bailii … Continue reading Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000

Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000

A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed. Held: The statute gave two grounds for appeal, and an appeal on other grounds was not to be allowed. The fact that a court would have wide discretion on a successful appeal … Continue reading Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000

Regina on Application of Dinev and Others v Westminster City Council: Admn 24 Oct 2000

Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure to consult, and the obstruction of their rights of establishment under European law. Held: To the … Continue reading Regina on Application of Dinev and Others v Westminster City Council: Admn 24 Oct 2000

Gangmasters Licensing Authority (Decision Notice): ICO 17 Mar 2014

The complainant has requested a copy of the information provided to the Home Office in response to its request for business cases for access to communications data. The Gangmasters Licensing Authority (GLA) refused to provide the requested information under section 35(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the … Continue reading Gangmasters Licensing Authority (Decision Notice): ICO 17 Mar 2014

The Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999

The daily circulation within a large company of press cuttings was outside the scope of the reporting of current events defences to copyright infringement. Ownership of the typographical arrangement of a newspaper article sufficed to found a claim. An edition meant a ‘version’ of a literary work and ‘In the case of a newspaper made … Continue reading The Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999

Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000

A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the insubstantial nature of a teletext broadcast, the page constituted, sufficiently for the Act, ‘an advertisement … Continue reading Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000

Regina v Secretary of State for Health, ex parte C: CA 21 Feb 2000

An extra-statutory database maintained by the Secretary of State of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being blacklisted and the need to protect children in the care of others. The list invited … Continue reading Regina v Secretary of State for Health, ex parte C: CA 21 Feb 2000

Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed. Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean … Continue reading Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste … Continue reading Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Ahmed v Leicester City Council: QBD 29 Mar 2000

A person carried on a food business even though he might be excluded from the premises, for example, by a partner. It was necessary to read the words of a provision carefully where criminal liability attached, but it was also intended to ensure that responsibility was not evaded by pretending that others ran the business. … Continue reading Ahmed v Leicester City Council: QBD 29 Mar 2000

Regina v Warrington Crown Court, Ex Parte Rbnb (A Company): CA 8 Sep 2000

Licensing justices were not able to insist on the disclosure of the identities of the shareholders of an unlimited company applying for a liquor licence. The Act required the person having day to day control and management of the premises to be known and of satisfactory character. If that was achieved then there was no … Continue reading Regina v Warrington Crown Court, Ex Parte Rbnb (A Company): CA 8 Sep 2000

Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall: QBD 28 May 1990

The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party obtains an order for costs against the losing party unless … Continue reading Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall: QBD 28 May 1990

City of Bradford Metropolitan District Council v Booth: Admn 10 May 2000

Lord Bingham set out guidance in respect of costs awarded by magistrates pursuant to section 64(1) of the 1980 Act, saying: ‘I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised in three propositions: 1. Section 64(1) confers a discretion upon a magistrates’ court to make such … Continue reading City of Bradford Metropolitan District Council v Booth: Admn 10 May 2000

Regina v Doncaster Metropolitan Borough Council ex parte Heath: 16 Oct 2000

It was submitted that the schemes relating to hackney carriages and private hire vehicles were two distinct schemes, and that the issues in that case had arisen because the Council had fallen into the trap of seeking to apply private hire statutory provisions to a hackney carriage situation. Held: The court agreed and added that … Continue reading Regina v Doncaster Metropolitan Borough Council ex parte Heath: 16 Oct 2000

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a … Continue reading Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Regina v Swansea City and Council, Ex Parte Davies: QBD 7 Jul 2000

A hackney council vehicle licence holder had sufficient locus standi as a person aggrieved to appeal against a condition sought to be imposed by the local authority on the licensing of private hire vehicle licenses. Accordingly the Magistrates should hear his complaint and objection. The statute was not narrowly drafted so as to exclude the … Continue reading Regina v Swansea City and Council, Ex Parte Davies: QBD 7 Jul 2000

Northern Leisure Plc v Schofield and Baxter: QBD 3 Aug 2000

The case concerned a night club. The principal question was whether it was necessary, for a special Hours Certificate (SHC) to be granted, for music and dancing and substantial refreshment to be provided at the same time throughout the permitted licensing hours of an SHC day. Held: There is no requirement when granting an SHC, … Continue reading Northern Leisure Plc v Schofield and Baxter: QBD 3 Aug 2000

Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

Driver and Vehicle Licensing Agency (Decision Notice): ICO 26 Jul 2007

The complainant supplied the Driver and Vehicle Licensing Authority (the ‘DVLA’) with a list of vehicle registration numbers, together with details of the vehicles models and colours, and asked it to confirm whether Welwyn Hatfield District Council had made ‘non-fee paying’ enquiries in order to obtain the details of the registered vehicle keepers of those … Continue reading Driver and Vehicle Licensing Agency (Decision Notice): ICO 26 Jul 2007

Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000

The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. Held: A body which had responsibility … Continue reading Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000

Acts

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

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

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

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

Steed v Secretary of State for Home Office: CA 1 May 1998

The plaintiff claimed compensation after surrendering his firearm and ammunition. There had been a long delay in processing the claim, and he sued. The Home Office entered a defence denying that there was any obligation to process claims within a reasonable time, and further denying that there was a statutory duty to pay the sum, … Continue reading Steed v Secretary of State for Home Office: CA 1 May 1998

Regina v Stafford Crown Court ex parte Shipley: CA 12 Dec 1997

The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours certificate is in operation, the licensee cannot rely on a combination of his on-licence and … Continue reading Regina v Stafford Crown Court ex parte Shipley: CA 12 Dec 1997

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

Fitzpatrick v Sterling Housing Association: CA 23 Jul 1997

A homosexual partner of a deceased tenant was not a member of that tenant’s family so as to entitle him to inherit the Rent Act tenancy on the death of his partner. Citations: Times 31-Jul-1997, [1997] EWCA Civ 2169, [2000] L and TR 44 Links: Bailii Statutes: Rent Act 1977 Sch 1 2(2) Jurisdiction: England … Continue reading Fitzpatrick v Sterling Housing Association: CA 23 Jul 1997

Campbell v Daejan Properties Ltd: CA 20 Nov 2012

The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012

Time Warner Entertainments LP v Channel Four Television Corporation plc: CA 1994

In testing whether a defence to copyright infringement of fair dealing succeeds, the court can take note of the actual purpose of the work, and will look carefully to verify the claimed purpose: ‘it is necessary to have regard to the true purpose of the work. Is it a genuine piece of criticism or review, … Continue reading Time Warner Entertainments LP v Channel Four Television Corporation plc: CA 1994

Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008

The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008

Sagnata Investments Ltd v Norwich Corporation: CA 1971

The court hear an appeal to quarter sessions against a licensing decision taken by a local authority. The application was rejected by the local authority against whose decision an appeal lay to the Quarter Sessions. The Recorder allowed the appeal and the City Corporation appealed to the Court of Appeal Held: (Majority) Where an appellate … Continue reading Sagnata Investments Ltd v Norwich Corporation: CA 1971

Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011

The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act. Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied that the decision of the licensing authority was wrong.Toulson LJ said: ‘It is right … Continue reading Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Victor Chandler International v Commissioners of Customs and Excise and Another: ChD 17 Aug 1999

A document is a material object. A form presented as a screen via Teletext did not constitute an ‘advertisement or document’ under the Act, and its circulation within the UK without a licence was not an offence. The prohibition was against advertisements in the form of a document, so the broadcast of the form was … Continue reading Victor Chandler International v Commissioners of Customs and Excise and Another: ChD 17 Aug 1999

Leeds City Council v Leeds District Magistrates and Another: Admn 11 Apr 2013

The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given. Held: There were no findings of fact made which, applying the principles set out in the City of Bradford case and … Continue reading Leeds City Council v Leeds District Magistrates and Another: Admn 11 Apr 2013

Lediaev v Vallen: CA 5 Mar 2009

Judges: Sir Andrew Morritt Ch, Smith, Aikens LJJ Citations: [2009] EWCA Civ 156 Links: Bailii Statutes: Solicitors Act 1974 22 Jurisdiction: England and Wales Citing: Approved – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000 The parties disputed the construction of a clause in the contract between them. Held: Chadwick LJ said: ‘It … Continue reading Lediaev v Vallen: CA 5 Mar 2009

Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008

The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to indemnify him should his employers claim under a restrictive covenant. He had … Continue reading Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008

Securiplan Plc and Others, Regina (on the Application of) v Security Industry Authority and Another: Admn 25 Jul 2008

Whether the Authority had standing to continue prosecutions for breaches of licensing conditions. Citations: [2008] EWHC 1762 (Admin) Links: Bailii Statutes: Private Security Industry Act 2001 Jurisdiction: England and Wales Cited by: Cited – Rollins, Regina v CACD 9-Oct-2009 The court was asked whether the Financial Services Authority had itself the power to prosecute offences … Continue reading Securiplan Plc and Others, Regina (on the Application of) v Security Industry Authority and Another: Admn 25 Jul 2008

Pink Floyd Music Ltd and Another v EMI Records Ltd: CA 14 Dec 2010

The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of digital sales, under which the appellants were found to owe the respondents come 10 million pounds … Continue reading Pink Floyd Music Ltd and Another v EMI Records Ltd: CA 14 Dec 2010

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Cappellini and Bloomberg, Re: PatC 13 Mar 2007

The applicants appealed rejection of their applications for patents. The comptroller-general had said that patents were in respect of computer programs excluded from registration. Held: The appeals failed. There was no relevant technical effect in merely moving vehicles and their cargos around according to a routing algorithm. Judges: Pumfrey J Citations: [2007] EWHC 476 (Pat) … Continue reading Cappellini and Bloomberg, Re: PatC 13 Mar 2007

Mainstream Properties Ltd v Young and others: CA 13 Jul 2005

The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred. Held: A mere recklessness as to whether contractual rights were disturbed was insufficient to found the tort of interference with contractual relations. Judges: Sedley LJ, Arden … Continue reading Mainstream Properties Ltd v Young and others: CA 13 Jul 2005

Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004

The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in … Continue reading Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004

Brentwood Borough Council v Gladen: Admn 28 Oct 2004

The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator’s licence under section 55 of the 1976 Act contrary to … Continue reading Brentwood Borough Council v Gladen: Admn 28 Oct 2004

In re McFarland: HL 29 Apr 2004

The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004

Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004

Objections were raised to the grant of a special hours licence. Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; that some customers might only drink would not defeat an application; the use to … Continue reading Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004

Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

Inter-Environnement Wallonie v Region Wallonne: ECJ 18 Dec 1997

ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired.The test as to whether an item is discarded and is therefore waste was described: ”The general concept is now reasonably clear. The term … Continue reading Inter-Environnement Wallonie v Region Wallonne: ECJ 18 Dec 1997

Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001

The council set up a scheme requiring door security workers to be licensed, as a condition of the grant of entertainment licences. The applicant so worked but was not aware of the scheme. He challenged the introduction of the scheme. It was asserted that there existed no power to attach such conditions to licenses. The … Continue reading Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001

Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner: Admn 7 May 1999

An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of … Continue reading Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner: Admn 7 May 1999

Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998

Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown Court.Lightman J said: ‘It seems to me quite clear that on the basis of that … Continue reading Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998

Chief Constable of Derbyshire v Goodman and Newton: Admn 2 Apr 1998

Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, and he appealed against that order. Held: The appeal was allowed. May LJ said: … Continue reading Chief Constable of Derbyshire v Goodman and Newton: Admn 2 Apr 1998

Regina v Southwark Crown Court ex parte Watts: CA 1991

A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the requirements of European Law and did not restrict his right of establishment. … Continue reading Regina v Southwark Crown Court ex parte Watts: CA 1991

The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail and even if unchallenged. The court could look to witness statements to … Continue reading The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999

The defendant was accused of infringing copyright in a TV programme relating to the pregnancy of a woman with eight foetuses. The defendant claimed fair dealing, but that defence was rejected by the trial judge. Held: The decision was reversed. The test of use for ‘criticism or review’ is objective, and satisfied here with full … Continue reading Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999

Cambridge City Council v Alex Nestling Ltd: QBD 17 May 2006

The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs. Held: The appellant had not acted unlawfully, but had acted conscientously and properly. The … Continue reading Cambridge City Council v Alex Nestling Ltd: QBD 17 May 2006

Derby and Co Ltd And Others v Weldon And Others (No 9): ChD 25 Jul 1990

The court considered the application of rules relating to the discovery of documents to material held on computer: ‘the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and whether stored in the computer itself or in back-up files, was a document’ and ‘. . … Continue reading Derby and Co Ltd And Others v Weldon And Others (No 9): ChD 25 Jul 1990

Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997

Destitute asylum-seekers could derive benefit from section 21. Held: ‘The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State’s best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class … Continue reading Regina v Westminster City Council and others ex parte M, P, A and X: CA 1997

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police: QBD 9 Nov 1998

The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct of which the police complained, she had undergone training and addressed the … Continue reading Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police: QBD 9 Nov 1998

Westminster City Council v O’Reilly and others: CA 1 Jul 2003

The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 2006

The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours. Held: The company’s application amounted to a material variation of the license, and the council was not precluded from applying its policy. Judges: Beatson J Citations: [2006] EWHC 815 (Admin), Times … Continue reading JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 2006

Alliance and Leicester Building Society v Ghahremani and others: 1992

The court rejected a submission that Mr Justice Vinelott’s view as to the scope of the word ‘document’ was restricted to questions of discovery under the rules of court. He applied the extended meaning of a document described to the question of whether the deliberate deletion of information stored on the disc of an office … Continue reading Alliance and Leicester Building Society v Ghahremani and others: 1992

Ipswich Borough Council v Moore and Another: CA 25 Jul 2001

A statute in 1950 granted to the port authority powers, inter alia, to grant licences for moorings on the foreshore. These powers overrode the ancient Royal Charter which vested the foreshore in the local authority. Accordingly licences issued by the port authority were effective and binding as against the local authority.The court considered whether the … Continue reading Ipswich Borough Council v Moore and Another: CA 25 Jul 2001

Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council: CA 15 Mar 1999

Judges: Nourse LJ, Buxton LJ, Sedley LJ Citations: [1999] EWCA Civ 975, (2000) 79 P and CR 214 Jurisdiction: England and Wales Citing: Appeal from – Arthur Sidney Petter; Monica Mary Williams v Secretary of State for Environment, Transport and Regions and Chichester District Council Admn 15-May-1998 The applicants challenged refusal to renew their three … Continue reading Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council: CA 15 Mar 1999

Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007

The claimants appealed against a decision that the defendant’s book, the Da Vinci Code, had not infringed their copyright. The judge had found some copying, but not so much that a substantial part had been copied. Held: Mummery LJ said: ‘In particular, in cases in which the issue of copying has to be decided on … Continue reading Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007

Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Insufficient Evidence to say Song was Copied S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs. Held: The song was not copied. The defendant had not shown that the claimant knew anything of the defendant’s song ‘Oh Why’. The fact … Continue reading Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003

The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours. Held: The purpose of the licensee must be that the supply of liquor will be ancillary to the provision of music and dancing … Continue reading Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003

Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

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

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

Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987

(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987

Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005