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Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995

The substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First Report of the Law Reform Committee (Final Report on Limitation of Actions) (Cmnd 6923) … Continue reading Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995

Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

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

Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006

Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006

Star News Shops v Stafford Refrigeration Ltd and UPO (Uk) Ltd and others and Unite Hermetique: CA 30 Oct 1997

It was wrong to prevent a party putting forward an arguable defence for failure to comply with directions in the absence of a peremptory unless order. A failure to comply with an order should not be dealt with by striking out unless the order was expressed as an ‘unless’ order. Citations: Gazette 12-Nov-1997, Times 18-Nov-1997, … Continue reading Star News Shops v Stafford Refrigeration Ltd and UPO (Uk) Ltd and others and Unite Hermetique: CA 30 Oct 1997

Chaudhari v British Airways Plc: CA 16 Apr 1997

The passenger injured himself as he fell from an aeroplane chair because of pre-existing injury. Held: He had no claim under the Convention. The falling of a semi-paralysed person whilst he was trying to get to his feet to go to the lavatory did not constitute an accident. It had not been an ‘accident causing … Continue reading Chaudhari v British Airways Plc: CA 16 Apr 1997

Khan v General Pharmaceutical Council: SC 14 Dec 2016

The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension. Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the … Continue reading Khan v General Pharmaceutical Council: SC 14 Dec 2016

Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal. Citations: Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993 Statutes: Rules of the Supreme Court 59, Courts and Legal … Continue reading Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

Lehman Brothers International (Europe), Re: SC 29 Feb 2012

The court was asked to interpret the provisions as to ‘client money rules’ and ‘client money distribution rules’ in the FSA handbook, and to consider the consequences as to the applicable trusts. Substantial sums paid by clients to the bank before its insolvency were now unavailable. Held: The appeal failed. The statutory trust under the … Continue reading Lehman Brothers International (Europe), Re: SC 29 Feb 2012

Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

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

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

BPP Holdings Ltd and Others v Revenue and Customs: SC 26 Jul 2017

The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the ability of the FTTTx to debar it from defending. Held: … Continue reading BPP Holdings Ltd and Others v Revenue and Customs: SC 26 Jul 2017

Thevarajah v Riordan and Others: SC 16 Dec 2015

The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015

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

UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps were taken according to a detailed timetable. Once the structure of the scheme had … Continue reading UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Vandersteen (Executor of the Estate of Mcguinness, Dec’d) v Agius and Another: CA 29 Oct 1997

An appeal from a district judge on a taxation was by way of re-hearing; A County Court Judge was not restricted to following the discretion as exercised on the first hearing. Citations: Gazette 29-Oct-1997, Times 14-Nov-1997 Statutes: Rules of the Supreme Court Order 62 r 28(5), County Court Rules 1981 Order 13 1(10) Jurisdiction: England … Continue reading Vandersteen (Executor of the Estate of Mcguinness, Dec’d) v Agius and Another: CA 29 Oct 1997

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

Iran v The Barakat Galleries Ltd: QBD 29 Mar 2007

The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not to be applied by English law. Held: It is necessary for a … Continue reading Iran v The Barakat Galleries Ltd: QBD 29 Mar 2007

Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007

The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007

Kamali v City and Country Properties Ltd: CA 24 Jul 2006

The defendant tenant appealed against judgment saying that the proceedings in the County Court had not been correctly served. Though the documents had been sent to his address under the lease, he had been out of the jurisdiction when the claim was sent. His appeal against judgment in default had been rejected as untimely. Held: … Continue reading Kamali v City and Country Properties Ltd: CA 24 Jul 2006

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of … Continue reading United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Director General of Fair Trading v Proprietary Association of Great Britain and Another: CA 26 Jul 2001

The appeal court had previously remitted a matter to the Restrictive Practices court, having found that the court might be biased. The parties having settled the main litigation, they sought the additional costs incurred by them in correcting what they said was the fault of the court. The Lord Chancellor responded that the parties were … Continue reading Director General of Fair Trading v Proprietary Association of Great Britain and Another: CA 26 Jul 2001

In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota: CA 30 Jul 1997

When considering an application under the 1975 Act, the court must not only observe the restrictions imposed by the 1975 Act; it must also hold a fair balance between the interests of the requesting court and the interests of the witness. ‘because of the need to hold the balance between the requesting court and the … Continue reading In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota: CA 30 Jul 1997

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

FMX Food Merchants Import Export Co Ltd v Revenue and Customs: SC 29 Jan 2020

This appeal concerns the meaning and effect of the phrase ‘Customs Debt’ in article 221(4) of the former Customs Code of the EU, contained in Council Regulation (EEC) No 2913/92. Customs duties may be due under ‘post-clearance demands’ and the Court now considered the time limits for such demands. The tax payer imported garlic, saying … Continue reading FMX Food Merchants Import Export Co Ltd v Revenue and Customs: SC 29 Jan 2020

Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

M v P (Contempt of Court: Committal Order): CA 1992

Orse Butler v Butler Failure to observe the proper procedures for service is not necessarily fatal to the lawfulness of a committal order. In each of the two appeals against committal orders comma the contemnor complained of non-compliance with the rules of service. In the first, the order had been served by the court rather … Continue reading M v P (Contempt of Court: Committal Order): CA 1992

Goddard v Nationwide Building Society: CA 1986

A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, and he disclosed his note of the attendance on the plaintiff to the defendant. The note … Continue reading Goddard v Nationwide Building Society: CA 1986

Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire: SC 13 Nov 2020

Standard of Proof for Narrative Verdict ‘This appeal arises out of the inquest held into the death of Mr James Maughan. It concerns the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide. The result … Continue reading Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire: SC 13 Nov 2020

MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Perestrello E Companhia Limitada v United Paint Co Ltd: CA 1969

The plaintiff alleged the wrongful repudiation by the defendant of a contract between them. The court considered the requirements as to what had to be pleaded in a claim for damages. Held: Where a plaintiff claims that he has suffered damage, ie injury, of a kind which is not necessary and immediate consequence of the … Continue reading Perestrello E Companhia Limitada v United Paint Co Ltd: CA 1969

Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) of the Limitation Act 1939 should not afford a defence to the proposed … Continue reading Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Ridge v Baldwin (No 1): HL 14 Mar 1963

No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963

Routier and Another v Revenue and Customs: SC 16 Oct 2019

A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015

The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015

Wood v Capita Insurance Services Ltd: SC 29 Mar 2017

Construction of term of contract for the sale and purchase of the entire issued share capital of a company. Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty claim within two years of Completion. But it is not … Continue reading Wood v Capita Insurance Services Ltd: SC 29 Mar 2017

Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

Ismail and Another v Richards Butler (A Firm): QBD 23 Feb 1996

A solicitor’s lien on papers can be set aside by the court to allow litigation to proceed, where there was a continuing retainer, and the lien was with regard to concluded matters. However, the release of the papers would reduce the value of the lien, and it may also be appropriate to require the client … Continue reading Ismail and Another v Richards Butler (A Firm): QBD 23 Feb 1996

Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 2017

The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence. Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of … Continue reading Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 2017

Humphreys v Revenue and Customs: SC 16 May 2012

Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother. Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the complaint would be exactly the same if it did not discriminate between the sexes. Mothers who share … Continue reading Humphreys v Revenue and Customs: SC 16 May 2012

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

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015

After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015

Newby Foods Ltd v Food Standards Agency: ECJ 16 Oct 2014

ECJ Judgment – Protection of health – Regulation (EC) No 853/2004 – Hygiene rules for food of animal origin – Annex I, points 1.14 and 1.15 – Concepts of ‘mechanically separated meat’ and ‘meat preparations’ – Regulation (EC) No 999/2001 – Prevention, control and eradication of certain transmissible spongiform encephalopathies – Consumer protection – Directive … Continue reading Newby Foods Ltd v Food Standards Agency: ECJ 16 Oct 2014

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency: Admn 16 Jul 2013

Judges: Mr Justice Edwards-Stuart Citations: [2013] EWHC 1966 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 2) Admn 26-Jul-2013 . .See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Others Admn … Continue reading Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency: Admn 16 Jul 2013

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 2): Admn 26 Jul 2013

Citations: [2013] EWHC 2132 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency Admn 16-Jul-2013 . . Cited by: See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Others Admn 24-Oct-2013 . .See Also … Continue reading Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 2): Admn 26 Jul 2013

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency: Admn 23 Mar 2016

Application of principles identified by ECJ on reference as to to the process of separating fresh meat from flesh bearing bones of pork and from chicken carcasses carried out by Newby. Judges: Edwards-Stuart J Citations: [2016] EWHC 408 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Newby Foods Ltd, Regina (on The … Continue reading Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency: Admn 23 Mar 2016

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016

The issue raised on this appeal concerns the extent to which the jurisdiction of the First-tier Tribunal to make an order for costs is fettered by the provisions of the Rules regulating the procedure of the Tribunal. Held: With one exception, under rule 10(1), the FTT can only make two types of costs order. The … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

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

University and College Union v The University of Stirling: SC 29 Apr 2015

The University needed to reduce its staff. They and the Union disputed whether research assistants on limited term contracts would simply cease to be employd as their terms concluded, or were entitled to be made redudant. Held: The appeal was allowed. the Employment Appeal Tribunal stated the proper test: ‘A reason relates to the individual … Continue reading University and College Union v The University of Stirling: SC 29 Apr 2015

Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

Fairness of SIAC procedures Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this would not happen. Held: Though in each case, SIAC had considered special materials, the … Continue reading RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

Re JS (Disposal of Body): FD 10 Nov 2016

Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016

Isle of Wight Council v Platt: SC 6 Apr 2017

Regular school attendance is following the rules The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ did not refer only to the the … Continue reading Isle of Wight Council v Platt: SC 6 Apr 2017

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer: SC 16 Dec 2009

The claimants each sought entry to be with members of their family already settled here. The Court was asked whether the new Immigration Rules imposed a requirement which permitted third party support by someone other than the nominated sponsor. Held: The appeals succeeded.Lord Brown said: ‘The Rules are not to be construed with all the … Continue reading Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer: SC 16 Dec 2009

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

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

Law v National Greyhound Racing Club Limited: CA 29 Jul 1983

The plaintiff alleged abuse of the discretion conferred on the club by the rules. His trainer’s licence had been suspended. He said that it was contrary to an implied term of an agreement between the trainer and the racing club that any action taken would be reasonable and fair and made on reasonable grounds. The … Continue reading Law v National Greyhound Racing Club Limited: CA 29 Jul 1983

A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981

The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981

Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 years. The claimant had then to choose another company (APSA) as defendant. On a … Continue reading O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Iraqi citizens claimed to have suffered unlawful detention and/or physical maltreatment from British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence, but the torts were governed by Iraqi law. Under the 1984 Act where a claim is brought in England but governed … Continue reading Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

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

Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The Saudi Eagle”: CA 1986″

References: [1986] 2 Lloyd’s Rep 221 Coram: Sir Roger Ormrod Ratio: The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that they had given security, applied initially … Continue reading Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The Saudi Eagle”: CA 1986″

Perpetual Trustee Co Ltd v Khoshaba; 20 Mar 2006

References: [2006] NSWCA 41, (2006) 14 BPR 26 639 Links: Austlii Coram: Spigelman CJ Handley JA Basten JA Ratio: Austlii (Supreme Court of New South Wales – Court of Appeal) CONTRACTS – Unjust contracts – Determination that a contract ‘unjust’ – Appellate review – Nature of decision appealed from – Conclusion that ‘unjust’ – Whether … Continue reading Perpetual Trustee Co Ltd v Khoshaba; 20 Mar 2006

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986