The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Park Homes – Site Rules – whether a rule that no person under the age of 45 may reside on a protected site may be introduced at the discretion of the site owner using the procedure in the Mobile Homes (Site Rules) (England) Regulations 2014 – whether such a rule capable of being introduced only … Continue reading White v Westonhill Residents Association: UTLC 3 Jul 2019
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The EAT was asked to decide what the words ‘an email address’ in paragraph 9(2) of schedule 1 of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014/254 meant. The EAT decided that Parliament meant an actual email address. The Appellant had in error supplied an email address that did not exist. … Continue reading Galloway v Wood Group Uk Ltd (Procedure : Meaning of ‘An Email Address’): EAT 18 Jan 2019
(Abstract) Reference for a preliminary ruling – Public contracts – Appeal procedures for the award of public supply and works contracts – Directive 89/665 / EEC – Procedures for the award of contracts for entities operating in the water and energy sectors , transport and telecommunications – Directive 92/13 / EEC – Award of public … Continue reading Hungeod and Others: ECJ 26 Mar 2020
EAT PRACTICE AND PROCEDURE – Withdrawal PRACTICE AND PROCEDURE – Review In 2011 the Claimant withdrew his claim before the Employment Tribunal. As was required by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, within the time limit for doing so the Respondents applied for the claim to be dismissed. After a further … Continue reading The Practice Surgeries Ltd v Surrey Primary Care Trust (Now Secretary of State for Health): EAT 26 Feb 2016
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
EAT Practice and Procedure : Costs – Employment Tribunal award of costs Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 rr.38-42 Pursuant to r.41(2), the means of the paying party might be taken into account in considering (1) whether to make an award of costs; and/or (2) as to how much should … Continue reading Flint v Coventry University: EAT 9 Sep 2014
EAT Practice and Procedure : Costs – ET Costs Award – ET (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 Appeal from Judgment awarding costs against the Claimant upon the remitted hearing of the Respondent’s application for costs (see previous EAT Judgment in this matter, under UKEAT/0144/12). When deciding whether the threshold had been … Continue reading Oni v NHS Leicester City (Formerly Leicester City Primary Care): EAT 14 Aug 2014
EAT Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Costs Transfer of Undertakings (Protection of Employment) Regulations 2006 – interplay between reg 3(3)(a)(i) ‘organised grouping of employees’ and question of assignment for purposes reg 4 TUPE Service provision change of purpose of reg 3(1)(b) having been conceded, the Employment Judge was required … Continue reading Costain Ltd v Armitage: EAT 2 Jul 2014
EAT Practice and Procedure : Costs – Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 Rule 40(2) and (3) Simply because the Employment Tribunal’s costs jurisdiction was engaged, costs did not follow the event: the Tribunal still needed to be satisfied that it would be appropriate to make an award of costs, … Continue reading Ayoola v St Christopher’s Fellowship: EAT 6 Jun 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against the claimant. He now appealed saying that the tribunal, knowing he was not represented by … Continue reading Drysdale v The Department of Transport (The Maritime and Coastguard Agency): CA 31 Jul 2014
ECJ Judgment – Reference for a preliminary ruling – Internal market – Directive 98/34/EC – Third subparagraph of Article 8(1) – Information procedure in the field of technical rules and regulations – Notion of ‘technical regulation’ – Hens for egg production – Shortening of a timetable for implementation originally envisaged for the entry into force … Continue reading Ivansson And Others: ECJ 10 Jul 2014
ECHR Article 8-1 Respect for correspondence Respect for family life Restriction on Turkish prisoners using Kurdish when telephoning: violation Facts – During their imprisonment, the applicants were prevented by the prison authorities from conducting telephone conversations in Kurdish with their relatives. Their appeals against those restrictions were dismissed. Law – Article 8: The restriction imposed … Continue reading Nusret Kaya and Others v Turkey: ECHR 22 Apr 2014
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
ECJ Order – Appeal – Article 181 of the Rules of Procedure of the Court – Article 169, paragraph 2, of the Regulations – Necessary content of the request for appeal’ C-608/12, [2014] EUECJ C-608/12 – CO Bailii European Updated: 03 December 2021; Ref: scu.525836
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
Statement of Facts – The company’s goods had been detained by Customs and Excise. A court later ordered their return, but found the detention to have been with reasonable cause. The Revenue had successfully argued that costs could not be awarded against them under a statutory immunity. 16788/13 – Communicated Case, [2013] ECHR 1284, [2014] … Continue reading Eastenders Cash And Carry Plc And Others v The United Kingdom: ECHR 27 Nov 2013
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – The Claimant complied with the early conciliation requirements of the Employment Tribunals Act 1996 section 18A. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 apply. The Claimant had given ACAS the wrong name for his employer but the current address. When … Continue reading TIC International Ltd v Ali: EAT 22 Mar 2016
amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
Practice and Procedure: Preliminary Issues. The claimant appealed against the dismissal of her claim on the basis that she had not first taken the matter to conciliation through ACAS. He claim was of sexual harrassment and she had an interdict to prevent the employer contacting her. The rule excluding such claims appeared strict, but the … Continue reading Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
The claimant had been funded for a personal injury claim under legal aid. He appealed against a decision that he was not a ‘patient’ and that he had been fully capable of managing and administering his affairs for many years. He lost. The . .
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
The Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regs’) specifically excluded a right of appeal for Extended Family Members (‘EFMs’). The 2016 Regs have been amended pursuant to the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019, with effect from 29th March 2019, so as to provide EFMs with a right of appeal. … Continue reading Banger (EEA: EFM – Right of Appeal : South Africa): UTIAC 10 Apr 2019
FTTTx Procedure – costs – application for costs out of time – whether discretion to entertain an application should be exercised – Rule 5 (3) (a) Tribunal Rules 2009 – whether direction should be made to apply Rule 29 of the VAT Tribunal Rules 1986 – Atlantic Electronics considered – alternatively whether order for costs … Continue reading Eastenders Cash and Carry Plc v Revenue and Customs: FTTTx 27 Mar 2012
The appellants had succeeded in resisting proceedings commenced by the respondents for the seizure of goods. The respondent now argued that costs should not follow the event, asserting a statutory bar. The appellant additionally argued that any such bar would operate to infringe its human rights. Judges: Mummery, Elias, David LJJ Citations: [2012] EWCA Civ … Continue reading Eastenders Cash and Carry Plc and Another v HM Revenue and Customs: CA 22 May 2012
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
The Court considered the lawfulness of the exercise of the power claimed by the Commissioners of Her Majesty’s Customs and Excise (HMRC) to detain goods temporarily for the purpose of investigating their status. Judges: Mummery, Elias, Davis LJJ Citations: [2012] EWCA Civ 15, [2012] 1 WLR 2067, [2012] WLR(D) 6, [2012] STC 817 Links: Bailii, … Continue reading Eastenders Cash and Carry Plc and Others v HM Revenue and Customs: CA 20 Jan 2012
The claimant sought judicial review of decisions by the magistrates first to issue search warrants, and then to refuse to disclose the information on which it had been based. Held: The documentation now having been disclosed the second part of the application was academic. Judges: Sullivan LJ, Owen J Citations: [2011] EWHC 937 (Admin) Links: … Continue reading Eastenders Cash and Carry Plc v South Western Magistrates’ Court: Admn 22 Mar 2011
Applications for judicial review in relation to alcoholic goods detained by the Defendants on grounds of a suspicion that duty may not have been paid in respect of them.Sales J said: ‘In my view, there is a clear reason why Parliament wished to create a distinct power of detention, namely to allow for the goods … Continue reading Eastenders Cash and Carry Plc and Another v Revenue and Customs: Admn 4 Nov 2010
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The court considered whether the District Judge had been correct to refuse to issue summonses for private prosecutions where there was a suggestion that only a private dispute at stake. Held: It ‘never was any requirement that a private prosecutor had to demonstrate that it was in the public interest that he should bring a … Continue reading Ewing, Regina (on the Application of) v Davis: Admn 2 Jul 2007
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
FTTTx Excise Duty – warehouse – application for registration as an owner of goods under Warehousekeepers and Owners of Goods Regulations 1999 (‘WOWGR’) – whether decision of HMRC could reasonably have been arrived at – jurisdiction of Tribunal – appropriate remedy under section 16 (4) Finance Act 1994 – appeal allowed – directions to Commissioners … Continue reading Eastenders Cash and Carry Plc v Revenue and Customs: FTTTx 29 Dec 2010
(Visitors to the Inns of Court) A Disciplinary Tribunal was convened by the President of COIC pursuant to the 2000 Regulations. It found the barrister guilty of misconduct and suspended her from practice for three months. The Visitors appointed to hear the barrister’s appeal included N, who was also a member of the Bar’s Professional … Continue reading P v The General Council of the Bar; Re P (A Barrister): 24 Jan 2005
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, including procedures for self-exclusion. The claimant had of his own choice previously closed accounts at other bookmakers, … Continue reading Calvert v William Hill Credit Ltd: ChD 12 Mar 2008
CONTRACT OF EMPLOYMENT PRACTICE AND PROCEDURE In 2009 the Claimant/Appellant presented complaints of unfair dismissal, race discrimination and victimisation against her former employers (the Trust). The claims were dismissed in February 2011. In March 2011 she presented claims against the Respondent Unison, her former union, alleging race victimisation and detrimental treatment by its representative in … Continue reading Oni v Unison Trade Union: EAT 5 Feb 2018
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
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
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
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
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Jamaica – The customer appealed against refusal of an order requiring its bank not to close the customer accounts after the customer had been accused of fraud. There was no evidence that the account was being used unlawfully.
Held: In the . .
The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
We are a law reporting service. We index and publish case law for use by professional lawyers, law students or academics, or by litigants. We help them identify principles of law, and where those principles can be found in case law. Law reporting is an age old and essential part of all legal systems. Justice … Continue reading GDPR – Request to be ‘Forgotten’
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The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [2005] 1 WLR 3019 Coram: Colman J, Clark, Nathan (Visitors to the Inns of Court) A Disciplinary Tribunal was convened by the President of COIC pursuant to the 2000 Regulations. It found the barrister guilty of misconduct and suspended her from practice for three months. The Visitors appointed to hear the barrister’s appeal included … Continue reading P v The General Council of the Bar; Re P (A Barrister); 24 Jan 2005
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