Search Results for: UN Charter 103

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Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996

Citations: [1996] EWCA Civ 1235, [1999] 1 LI Rep 747 Jurisdiction: England and Wales Cited by: Cited – Great Future International Limited and Others v Sealand Housing Corporation (in Liquidation) and Others ChD 3-Dec-2002 The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996

Carboex Sa v Louis Dreyfus Commodities Suisse Sa: CA 19 Jun 2012

This appeal concerns liability for delay to four vessels waiting to discharge cargoes of coal at Ferrol, North-west Spain in June and July 2008. Held: The berth charter strike clause operated to transfer any liability for delay in the discharge of the cargo arising from strikes at the port from the charterer to the owner. … Continue reading Carboex Sa v Louis Dreyfus Commodities Suisse Sa: CA 19 Jun 2012

Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed … Continue reading Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020

Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017

Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to … Continue reading Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017

Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017

ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States … Continue reading Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017

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

Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

McKinnon v The United States of America and Anotherr: HL 30 Jul 2008

The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering into a plea bargain making the extradition an abuse of process. Held: The … Continue reading McKinnon v The United States of America and Anotherr: HL 30 Jul 2008

Coke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales: SC 19 Jan 2011

The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application of the principles of autrefois acquit, res judicata and abuse of process after the Institute began a … Continue reading Coke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales: SC 19 Jan 2011

PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (Doric Pride”): CA 25 Jan 2006″

References: [2006] EWCA Civ 599, [2007] 2 CLC 1042, [2006] 2 All ER (Comm) 188, [2006] 2 Lloyd’s Rep 175 Links: Bailii Coram: Brooke, Rix LJJ, Sir Paul Kennedy Ratio: The court considered the relationship between express an implied warranties. Held: Under a time charterparty, hire continues to run unless the charterer can bring himself … Continue reading Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (Doric Pride”): CA 25 Jan 2006″

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

MSC Mediterranean Shipping Co Sa v Polish Ocean Lines (The Tychy): CA 31 Mar 1999

A slot charterer had a right in a ship, even if only of a part of the ship, and so a claim under the agreement to arrest a sister ship of the chartering company could be heard within the Admiralty Court’s jurisdiction. Judges: Moore-Bick VP CA, Tomlinson LJJ, Keehan J Citations: Times 30-Apr-1999, Gazette 06-May-1999, … Continue reading MSC Mediterranean Shipping Co Sa v Polish Ocean Lines (The Tychy): CA 31 Mar 1999

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Sansom and Another v Metcalfe Hambleton and Co: CA 17 Dec 1997

The court warned against finding a professional to have been negligent on the evidence of an expert who was not a member of the same profession. A structural survey was prepared by a chartered surveyor. Expert evidence for the plaintiff was given, not by a chartered surveyor, but by a structural engineer. Held: A court … Continue reading Sansom and Another v Metcalfe Hambleton and Co: CA 17 Dec 1997

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of … Continue reading Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

BP Plc v Elstone and Another: EAT 31 Mar 2010

EAT JURISDICTIONAL POINTS VICTIMISATION DISCRIMINATION: Protected disclosure The central question in this appeal was whether an employee/worker who complained of suffering a detriment from his current employer on the ground that he had made a protected disclosure could claim where that disclosure had been made not whilst employed by his current employer but whilst employed … Continue reading BP Plc v Elstone and Another: EAT 31 Mar 2010

Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015

The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the repudiation. The arbitrator had set off the profit … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015

Okta Crude Oil Refinery A D v Mamidoil-Jetoil Greek Petroleum Company S A and Another: CA 17 Jul 2003

The parties had contracted to allow an exclusive right to deliver oil by tanker and to sell into Macedonia. The defendants claimed they were overborn, and claimed exemption under a force majeure clause. Held: The acts which had made the contracts apparently impossible to be complied with were themselves not entirely outside the control of … Continue reading Okta Crude Oil Refinery A D v Mamidoil-Jetoil Greek Petroleum Company S A and Another: CA 17 Jul 2003

Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015

Tor Line AB v Alltrans Group of Canada (The ‘TFL Prosperity’): HL 1984

A roll-on roll-off liner tendered under a charter party did not conform to the description in the contract and the owners relied on a widely drawn exclusion clause. Held: The owners’ argument failed. A literal interpretation would have defeated the central objective of the charter contract and would have been commercially absurd. As a result, … Continue reading Tor Line AB v Alltrans Group of Canada (The ‘TFL Prosperity’): HL 1984

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a demand. An assertion of a formal right was required. A … Continue reading Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

NYK Bulkship (Atlantic) NV v Cargill International SA: CA 8 Apr 2014

The court was asked as to ‘the true construction and application of a proviso to an off hire clause in a time charterparty, dealing with the capture, seizure, detention or arrest of the vessel. The issue thus raises the familiar question as to the allocation of risk of delay as between owners and time charterers. … Continue reading NYK Bulkship (Atlantic) NV v Cargill International SA: CA 8 Apr 2014

Herbert Schaible v Land Baden-Wurttemberg: ECJ 29 May 2013

ECJ (Opinion) Agriculture – Regulation (EC) No 21/2004 – Identification and registration of ovine and caprine animals – Article 16 of the Charter of Fundamental Rights of the European Union – Article 20 of the Charter – Proportionality – Equality Wahl AG C-101/12, [2013] EUECJ C-101/12, [2013] EUECJ C-101/12 Bailii, Bailii European, Agriculture Updated: 12 … Continue reading Herbert Schaible v Land Baden-Wurttemberg: ECJ 29 May 2013

Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Kpohraror v Woolwich Building Society: CA 1996

The Society, acting as a bank, had at first failed to pay its customer’s cheque for andpound;4,550, even though there were sufficient funds. The bank said that it had been reported lost. The customer sought damages to his business reputation. Held: The bank was in breach of contract and in principle liable for injury to … Continue reading Kpohraror v Woolwich Building Society: CA 1996

Goknur v Aytacli: CA 13 Jul 2021

Third Party Costs – Director of Insolvent Company (Organic Village) The Court considered the circumstances Limited in which a director and shareholder of an insolvent company may be personally liable for some or all of that company’s costs liabilities incurred in unsuccessful litigation, pursuant to s.51 of the Senior Courts Act 1981. The particular question … Continue reading Goknur v Aytacli: CA 13 Jul 2021

Schmaltz v Avery: 1851

An agent who signed a charterparty containing a cesser clause purportedly as agent for an unidentified principal could show that he was himself the principal and could sue on the contract, on the grounds that it was irrelevant to the third party who . .

The Goodpal”: 2000″

References: [2000] 1 Lloyd’s Rep 638 Ratio: The court dealt with the apportionment of claims under the Interclub NYPE Agreement This case is cited by: Cited – NYK Bulkship (Atlantic) NV v Cargill International SA CA (Bailii, [2014] EWCA Civ 403, [2014] 2 Lloyd’s Rep 103) The court was asked as to ‘the true construction … Continue reading The Goodpal”: 2000″

Mediolanum Shipping Co v Japan Lines Ltd (The Mediolanum”): CA 1984″

References: [1984] 1 Lloyds Rep 136 Coram: Kerr LJ Ratio: The charterers had contracted to provide and pay for fuel. They ordered her to a safe port but she was directed to an unsafe place in that port by the refinery with whom the charterer had contracted for the supply of bunkers. The court was … Continue reading Mediolanum Shipping Co v Japan Lines Ltd (The Mediolanum”): CA 1984″

Regina v Oakes; 28 Feb 1986

References: [1986] 1 SCR 103, 1986 CanLII 46 (SCC), 53 OR (2d) 719, 24 CCC (3d) 321, 50 CR (3d) 1, 65 NR 87, [1986] CarswellOnt 95, EYB 1986-67556, [1986] SCJ No 7 (QL), 14 OAC 335, 16 WCB 73, [1986] ACS no 7, 19 CRR 308 Links: Canlii Coram: Dickson C.J. and Estey, McIntyre, … Continue reading Regina v Oakes; 28 Feb 1986

Meyers v Casey; 13 Oct 1913

References: [1913] HCA 50, (1913) 17 CLR 90 Links: Austlii Coram: Barton ACJ, Isaacs, Powers and Rich JJ Ratio (High Court of Australia) The Court considered a decision of the committee of the Victoria Racing Club. Isaac J said of objections considered by the committee: ‘They are, by reason of the committee’s decision, res judicatae, … Continue reading Meyers v Casey; 13 Oct 1913

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004

References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004