[2003] UKAITUR VV021462003
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.478033 br>
[2003] UKAITUR VV021462003
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.478033 br>
[2003] UKAITUR CC467432002
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.476925 br>
[2003] UKAITUR CC578012002
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.477453 br>
[2003] UKAITUR CC223692000
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.477418 br>
[2008] EWHC 3246 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.372686 br>
[1789] EngR 811, (1789-1817) 1 Ves Jun Supp 633, (1789) 34 ER 955 (D)
Commonlii
England and Wales
Cited by:
See Also – Ex Parte Lacey 5-Feb-1802
Trustee Not To purchase Property of Trust
Lord Eldon held that equity imposed stringent duties on persons who were appointed trustees of trusts and that these duties were imposed with ‘relentless jealousy’ in order to ensure that trustees fulfilled their duties, and that trustees had to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.366442 br>
Charity jurisdiction – where trustees of a charity have discretionary powers, the court will not interpose unless they act corruptly. Though it may not choose to interpose, it does not follow that an information seeking the court’s interference, will be dismissed; since it may be serviceable to maintain a control over them. Where there is, in point of substance, a visitor, it excludes the general interference of the court either by commission within the 43 Eliz. or its ordinary jurisdiction.
[1754] EngR 159, (1754) Ves Sen Supp 406, (1754) 28 ER 562 (C), [1754] EngR 160, (1754) 2 Ves Sen 551, (1754) 28 ER 351 (B)
Commonlii, Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.378139 br>
[2012] NICh 13
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.466277 br>
[2013] EWCA Civ 267
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.472110 br>
[2002] EWHC 2356 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.373974 br>
offences of concealing criminal property
[2007] EWCA Crim 1205
Bailii
Proceeds of Crime Act 2002
England and Wales
Updated: 17 October 2021; Ref: scu.346286 br>
[1789] EngR 2055, (1789-1817) 2 Ves Jun Supp 573, (1789) 34 ER 1232 (G)
Commonlii
England and Wales
Cited by:
See Also – Attorney-General v Lepine 1818
The testator left part of his residuary estate for the benefit of a school for the poor in the parish of Dollar in Scotland.
Held: The English court declined jurisdiction. ‘I have always understood that, where a charity is to be administered . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.367686 br>
[1952] UKPC 39
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.445986 br>
(Malaysia)
Sir Harry Gibbs
[1974] UKPC 19, [1974] 3 WLR 784, [1975] AC 247, [1974] 3 All ER 137
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.444360 br>
The Hon. Mr Justice Tomlinson
[2009] EWHC 1782 (Admlty)
Bailii
England and Wales
Citing:
See Also – Dornoch Ltd and Others v Westminster International Bv and Others AdCt 12-Feb-2009
Claim following total loss of a mega trailer hopper dredger, the WD Fairway. The underwriters say that they had impliedly accepted the abandonment and exercised their rights to take over the vessel pursuant to Sections 63(1) and/or 79(1) of the . .
See Also – Dornoch Ltd and Others v Westminster International Bv and Others AdCt 29-Apr-2009
The vessel, a mega trailer having been lost, the underwriters claimed rights in it having paid under the policies, and the owners tendered notice of abandonment to the hull and machinery underwriters. The next day underwriters declined to accept . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.421232 br>
[2010] UKIT 2009 – 0082
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 17 October 2021; Ref: scu.427097 br>
(New South Wales)
[1939] UKPC 32, (1939) 64 Ll L Rep 1, [1939] AC 452
Bailii
Australia
Updated: 17 October 2021; Ref: scu.426221 br>
Mummery LJ, Arden LJ, Lewison J
[2008] EWCA Civ 1163, [2009] Eu LR 265, [2009] 1 CMLR 21
Bailii
Directive 93/96/EEC, Immigration (European Economic Area) Regulations 2000, Social Security Act 1998 8(2)
England and Wales
Updated: 17 October 2021; Ref: scu.277144 br>
Renewed application for permission to appeal
[2008] EWCA Civ 1219
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.277773 br>
[2008] EWCA Civ 1031
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.278245 br>
four applicants who were indicted for a major terrorist conspiracy.
Lord Justice Hughes
[2008] EWCA Crim 2910
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.343048 br>
Lady Justice Arden
[2009] EWCA Civ 87
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.301645 br>
[2008] EWCA Civ 967
Bailii
Solicitors Act 1974
England and Wales
Updated: 17 October 2021; Ref: scu.278342 br>
Renewed application to bring second appeal as to the classification of one way baby monitors for European Customs duty.
[2008] EWCA Civ 1085
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.276842 br>
An injunction was granted to restrain the Plaintiff from prosecuting a suit not brought to a hearing in Ireland, the subject-matter of the suit being the same as that of a suit instituted in this Court, and in which this Court had pronounced a decree, refusing the relief sought by the Plaintiff:
[1837] EngR 534, (1837) 1 Keen 579, (1837) 48 ER 430 (B)
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.313651 br>
The claimant renewed his application for leave to appeal.
Held: The claimant’s first ground was unarguable. His original application failed to comply with the requirements of the 2002 Act. On the second ground, the tribunal had disagreed with the claimant but not made an error of law. As to the second hearing, the tribunal had reached an adverse view of the claimant, and on the facts were entitled to that view, and no point of law arose.
[2008] EWCA Civ 1158
Bailii
Employment Act 2002
England and Wales
Citing:
See Also – James v Blockbuster Entertainment Ltd EAT 6-Oct-2005
EAT Practice and Procedure
Strike out case. ET struck out two claims for failing to comply with tribunal orders. Whether a proportionate sanction; whether they erred on a proper understanding of facts. . .
See Also – Blockbuster Entertainment Ltd v James CA 25-May-2006
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders.
Held: When making a . .
Appeal from – James v Blockbuster Entertainment Ltd EAT 18-Aug-2006
EAT Practice and Procedure – Costs
Costs orders for andpound;10,000 and andpound;1000 did not exceed the statutory maximum order Reg 14. Order for andpound;10000 made after striking-out order; that order was . .
Cited – Hendricks v The Commissioner of Police of the Metropolis CA 27-Nov-2002
The appellant appealed a finding of the Employment Appeal Tribunal against her. She had complained of sex and race discrimination. She alleged that the Tribunal had concentrated on the issues of policy within the respondent police force.
Held: . .
Cited – Canary Wharf Management Limited v Edebi EAT 3-Mar-2006
EAT Practice and Procedure – striking-out/dismissal
Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how . .
Cited – Selkent Bus Co Ltd v Moore EAT 2-May-1996
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.277143 br>
[1800] EngR 173, (1800) 2 Bos and Pul 157, (1800) 126 ER 1212
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.345949 br>
Petition to the Lord Chancellor, as visitor in right of the crown of the Free School of Woodbridge; two persons having been elected; the right of election being in the chief inhabitants; and the chief inhabitants at the time of the foundation, and the heir of the survivor, not to be discovered. Both elections were declared void; and a reference to the attorney-general to report, what directions or alterations will be proper as to the mode and right of election, and in the orders, constitutions, and directions, of the school; as shall seem to him most conducive to the interest of the objects of the charity, and the furtherance of the intention of the donors.
Lord Eldon, having decided that the election of a master of a free school had not been carried out in accordance with the terms of the trusts, continued the appointment of acting master until proper elections could be held, which was obviously a necessary and expedient intervention by the court.
Lord Eldon
[1805] EngR 248, (1805) 11 Ves Jun 191, (1805) 32 ER 1061
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.343321 br>
The attendance of the attorney-general before the master, upon a reference to settle a scheme for the administration of a charity, may be dispensed with in certain cases. A direction for such attendance in a case where the charity fund did not much exceed pounds 1100 was struck out of the minutes of the decree.
[1835] EngR 836, (1835) 2 My and K 817, (1835) 39 ER 1156
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.316344 br>
Bean J
[2008] EWCA Crim 2002, (2008) 172 JP 513, (2008) 172 JPN 742
Bailii
Sexual Offences (Amendment) Act 1992
England and Wales
Updated: 17 October 2021; Ref: scu.276951 br>
[1857] EngR 213, (1857) 1 CB NS 454, (1857) 140 ER 186
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.289959 br>
[2008] EWHC 1601 (Admin)
Bailii
England and Wales
Cited by:
Appeal from – Barnett v Secretary of State for Communities and Local Government CA 23-Mar-2009
The Court was asked whether a planning permission granted permission for the use of a piece of land for purposes ancillary to a dwelling house, so that that land became part of the curtilage of the house, and permitted the construction of a tennis . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.270841 br>
The Treasury appealed against an order quashing its own 2006 Orders, giving effect to the obligations on the United Kingdom as a member of the United Nations to ensure that the assets of an individual designated by the UN were to be subject to severe financial restrictions.
Held: The Orders in Council made under the 1946 Act giving effect to UN resolutions were effective subject to certain conditions. In particular there was a need to show reasonable cause to suspect involvement in terrorist activities, and proper opportunity to object to and answer any allegations made.
Sir Anthony Clarke MR said: ‘There is no power to appoint a special advocate in proceedings arising out of an order [made under the 2006 Order]. However, as I see it there is no reason in principle why a special advocate should not be appointed in a particular case. The authorities show that in an appropriate case the court would have the power to authorise or request the use of a special advocate, see in particular the decision of the House of Lords in Roberts . . where it was held that the court had power to do so even though it was not sanctioned by Parliament. Whether it should do so would depend on the particular circumstances of the case. It has very recently been held by the Divisional Court in Malik . . that the court has power to ask the Attorney-General to appoint a special advocate or that it should only do so in an exceptional case and as a last resort. . ‘ and ‘the court has power to order a special advocate. In most cases such an advocate should be able to ensure that the individual will receive a fair hearing. In other cases the direction would have to be discharged, see the reasoning of the House of Lords in the MB case. In either case, the interests of the individual will be protected.’
Sir Anthony Clarke MR, Sedley LJ, Wilson LJ
[2008] EWCA Civ 1187, [2009] Lloyd’s Rep FC 14, [2009] 2 All ER 747, [2009] ACD 16, [2009] 3 WLR 25
Bailii, Times
Al-Qaida and Taliban (United Nations Measures) Order 2006, Terrorism (United Nations Measures) Order 2006, United Nations Act 1946
England and Wales
Cited by:
Cited – Al Rawi and Others v The Security Service and Others QBD 18-Nov-2009
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court . .
Appeal from – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.277356 br>
[1857] EngR 209, (1856) Swab 200, (1857) 166 ER 1094
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.289955 br>
A gift of a specific sum, out of the rents of an estate, to one of the chartered companies in the city of London, ‘for the increase of the stock of corn for the service of the market in London’; and a gift of the Residue of such funds to the same company, ‘for the further increase of their stock of corn’, are donations for the benefit of the company and its revenues, and not subject, therefore, to the jurisdiction of the court as charities.
[1834] EngR 583, (1834) 1 My and K 420, (1834) 39 ER 741
Commonlii
England and Wales
Updated: 17 October 2021; Ref: scu.317259 br>
When construing a land contract, the parties should not readily be assumed to have intended to act in breach of planning requirements
[1987] 1 WLR 841
Cited by:
Cited – Geoffrey Allan Chadwick, Sylvia Joyce Chadwick, Edward James Chadwick v Abbotswood Properties Ltd, Gordon Leonard Hauser, Pamela Ann Hauser, Rectory Pump Ltd ChD 18-May-2004
Between to new houses was a steep bank. Who owned it? Before the transfer there had been different plans and much correspondence.
Held: Where there was doubt as to the extent of land transferred, the court could look to the physical boundaries . .
Cited – Stafford and Another v Lee and Another CA 10-Nov-1992
The plaintiff had built houses on his land and sought an easement of necessity over the neighbour’s drive for access for the houses under the rule in Pwllbach Colliery, saying an intended easement had been granted because it was known to the parties . .
Cited – Clarke and Another v Corless and Another ChD 8-Jul-2009
The parties disputed whether one could retain for his own benefit land on an estate reserved for an estate road. A trust was claimed under Pallant saying that the parties had made an informal agreement before the property was purchased.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.197730 br>
Application by two partners in a firm of solicitors made against another partner in the firm, F. The dispute that has arisen between them is an unfortunate one. It relates to a question of the delivery up of certain files that were in the custody of F.
[2020] EWHC 2132 (Ch)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653003 br>
Application of the Sanjay Shah Defendants for an order that a substantial sum currently held in court should be paid out for the purposes of enabling them to pay their legal fees to the end of this litigation.
Mr Justice Foxton
[2020] EWHC 2161 (Comm)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653087 br>
Income Tax – Penalties for Late Payment of Tax – Schedule 56 Finance Act 2009 – whether Appellant had a reasonable excuse
[2020] UKFTT 330 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653162 br>
Procedure : Disclosure – Application for Specific Disclosure
[2020] UKFTT 321 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653164 br>
Davis LJ, Andrews J, Judge Marks QC
[2020] EWCA Crim 1055, [2020] WLR(D) 465
Bailii, WLRD
Proceeds of Crime Act 2002 6(5)
England and Wales
Updated: 17 October 2021; Ref: scu.653185 br>
Application by Virgin Atlantic Airways Limited under s.901C(1) of the Companies Act 2006, for an order summoning meetings of certain of its creditors for the purpose of considering and, if thought fit, approving a compromise or arrangement within s.901A of the Act.
[2020] EWHC 2191 (Ch)
Bailii
Companies Act 2006 901C(1)
England and Wales
Updated: 17 October 2021; Ref: scu.653111 br>
[2001] UKEAT 0440 – 01 – 1110
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.204298 br>
[2020] EWHC 643 (Ch)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653000 br>
Application for committal
Roth J
[2020] EWHC 2227 (Ch)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653109 br>
Judgment on a claim brought by the Secretary of State for Business, Energy and Industrial Strategy against the defendant for an order under section 8 of the Company Directors Disqualification Act 1986. The allegation against the defendant is that he was a de facto director (though not a de jure or a shadow director) of a company and that his conduct as such director makes him unfit to be concerned in the management of a company.
Held: Rejected: ‘there is in my judgment nothing to show that the defendant assumed the duties of a director, nothing to show that he had any role in the governance of the company, or in fact that he ever did anything for the company (even supervising the sale of alcohol) and nothing to show that anyone else thought he was a director. In my judgment, the evidence presented in this case, properly viewed in its own context, and having regard to the oral evidence given to me, does not demonstrate on the balance of probabilities that the defendant was a de facto director of the company.’
HHJ Paul Matthews
[2020] EWHC 2213 (Ch)
Bailii
Company Directors Disqualification Act 1986 8
England and Wales
Updated: 17 October 2021; Ref: scu.653110 br>
Lord Justice Phillips
[2020] EWCA Civ 1064
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653176 br>
Challenge to failure to confirm definitve map.
James Goudie QC J
[2005] EWHC 3405 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.249127 br>
Cook M
[2020] EWHC 2229 (QB)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653124 br>
[2002] ScotCS 112
Bailii
Scotland
Updated: 17 October 2021; Ref: scu.175420 br>
Income Tax – Penalty for Late Filing – penalties for late payment – whether properly imposed – yes- whether reasonable excuse – no – whether special circumstances – no – appeal dismissed
[2020] UKFTT 322 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653155 br>
Deputy ICC Judge Baister
[2020] EWHC 2090 (Ch)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.653009 br>
It was sought to prohibit the Assembly from proceeding further with the Prayer Book Measure, 1927. I think that the Church Assembly has no such power, and therefore no such duty.’
Held: In order to invoke the court’s jurisdiction to review a decision by means of a prerogative writ, it was necessary to establish that the decision under challenge was made by a decision-maker subject to a duty to act judicially: ‘The question therefore which we have to ask ourselves in this case is whether it is true to say in this matter, either of the Church Assembly as a whole, or of the Legislative Committee of the Church Assembly, that it is a body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially. It is to be observed that in the last sentence of Atkin L .J. the word is not ‘or ‘, but ‘and ‘. In order that a body may satisfy. the required test it is not enough that it should have legal authority to determine questions affecting the rights of subjects; there must be superadded to that characteristic the further characteristic that- the body has the duty to act judicially. The duty to act judicially is an ingredient which, if the test is to be satisfied, must be present. As these writs in the earlier days were issued only to bodies which without any harshness of construction could be called, and naturally – would be called Courts, so also today these Writs do not issue except to bodies which act or are under the duty to act in a judicial capacity .’
Lord Hewart CJ
[1928] 1 KB 411
England and Wales
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.653102 br>
O let their vessel to C on a time charter. Pursuant to orders, the vessel loaded a cargo of rice at Bangkok for carriage to the Soviet Union. The bills of lading contained a clause providing that all disputes would be determined were the carrier had his principal place of business. P brought a cargo claim for short delivery. D sought a stay on the grounds that the parties had agreed to litigate all disputes in India.
Held: that 1) P had not shown strong cause that the proceedings should remain in England; neither party nor the dispute had any connection with England and 2) The fact that there was likely to be a delay if the matter litigated in India could not be relied upon by P since all the day to date was of P’s making and 3) the fact that P’s claim might be time-barred in India was not decisive.
Sheen J
[198] 1 Lloyd’s Rep 344
England and Wales
Updated: 17 October 2021; Ref: scu.653204 br>
Income Tax – penalty for failure to file returns on time – whether reasonable excuse – No – whether special circumstances – No.
[2020] UKFTT 209 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.651606 br>
INCOME TAX – loss relief – whether appellants carrying on a trade – no – whether any trade carried on on a commercial basis with a view to profit – no – whether loss calculated in accordance with generally accepted accounting practice – no – appeals dismissed
[2020] UKFTT 128 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.649215 br>
[2020] EWHC 1072 (Comm)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.651175 br>
Information Notice – Schedule 36 Finance Act 2008 – whether information ‘reasonably required’ – burden of proof – business records found ‘incomplete’ and ‘unreliable’ – necessity for further information to establish alternative bases for checking tax position – validity of request for ‘personal records’ – whether joint-named accounts ‘third-party’ documents – the restriction criteria paras 18 and 19(3) of Sch 36 – Notice confirmed – appeal dismissed
[2020] UKFTT 258 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.652284 br>
The complainant requested a copy of the Equality Impact Assessment conducted for the Welsh Government’s plan to advance quality for transgender people. The Welsh Government stated that it did not hold the information requested. The Commissioner’s decision is that, on the balance of probabilities the Welsh Government does not hold the information requested. The Commissioner does not require any steps to be taken.
FOI 1: Complaint not upheld
[2020] UKICO fs50865468
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.651445 br>
Appeal from grant of extension of time for service
Mr. Justice Jacobs
[2020] EWHC 1220 (Comm)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.651174 br>
[2020] UKAITUR JR038182019
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.647439 br>
[2014] UKAITUR IA161562008
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.544486 br>
Scrutton LJ said: ‘Under those circumstances it appears to me that the cardinal thing which would have to be proved to establish any liability against anybody would be, namely, knowledge of the defect which ultimately resulted in the fall of the wall and (or) failure to acquire that knowledge because you had failed to use reasonable care to ascertain what you should have ascertained.’ and ‘One of the most normal uses of land, it appears to me, is to put buildings on it.’
Scrutton LJ
(1928) 140 LT 1
England and Wales
Citing:
Appeal from – St Anne’s Well Brewery Co v Roberts 1928
. .
Cited by:
Cited – Coope and Others v Ward and Another CA 28-Jan-2015
The court was asked: ‘ (i) whether the Appellants, owed to the Respondents a ‘measured duty of care’ which, in certain circumstances, may arise as between adjoining landowners in respect of a hazard arising on their land without their fault; (ii) . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.542057 br>
[2014] UKAITUR IA504782013
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.543626 br>
Acton J
(1928) 140 LT 1
England and Wales
Cited by:
Appeal from – St Anne’s Well Brewery Co v Roberts CA 2-Jan-1928
Scrutton LJ said: ‘Under those circumstances it appears to me that the cardinal thing which would have to be proved to establish any liability against anybody would be, namely, knowledge of the defect which ultimately resulted in the fall of the . .
Cited – Coope and Others v Ward and Another CA 28-Jan-2015
The court was asked: ‘ (i) whether the Appellants, owed to the Respondents a ‘measured duty of care’ which, in certain circumstances, may arise as between adjoining landowners in respect of a hazard arising on their land without their fault; (ii) . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.542056 br>
[2014] UKAITUR IA261302013
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.543614 br>
Newton J
[2013] EWCC B14 (Fam), [2013] EW Misc 20 (CC), [2013] EW Misc 31 (CC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.537816 br>
Renewed application for leave to appeal against a confiscation order
Lord Justice Burnett
[2014] EWCA Crim 2388
Bailii
Proceeds of Crime Act 2002
England and Wales
Updated: 17 October 2021; Ref: scu.539591 br>
During a parliamentary by-election in which there were three candidates, Conservative, Liberal and Labour, the accused had in- curred expenses on account of issuing publications which were antagonistic to the Conservative candidate and advised the constituents not to vote for him, but did not in express terms advise them to vote for either of the other candidates. It was held by the court that this constituted an offence under section 34(1). In delivering the judgment of the court, Avory J. said: ‘It is now suggested that, in a case like the present, where there are three candidates representing three different political parties, Conservative, Liberal and Labour, if a person who is not authorised by the election agent of a candidate incurs expenses of the kind in question he cannot be convicted under the section, which prohibits the incurring of the expenses for the purpose of promoting or procuring the election of ‘any candidate’, unless it be shown definitely that he had the intention of promoting or procuring the election of one of these three candidates in particular. The answer to that suggestion is that the expression ‘any candidate’ in the section is not limited to one candidate only, since it is provided by the Interpretation Act. 1889 (52 and 53 Vict. c. 63), section 1 subsection (1)(b), that words in the singular shall include the plural. It is further said that the appellant is not liable, inasmuch as while he endeavoured to prevent the election of one of the candidates, he did not directly promote or procure the election of any of them. If, however, a person has done what is forbidden by the section for a purpose which must have the effect of promoting or procuring the election of a candidate or candidates then there can be no question that he has committed an offence under the section.’
Avory J
[1928] 2 KB 277
England and Wales
Cited by:
Cited – Director of Public Prosecutions v Luft HL 26-May-1976
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.536061 br>
[2014] UKAITUR IA184142013
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.537136 br>
[2014] UKAITUR OA110632013
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.533659 br>
[2013] UKAITUR VA053952012)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.512006 br>
The court considered a proposal form for a jeweler’s block policy as filled in by the insured or his agent which incorrectly identified only one previous loss although there were several previous losses. The form stated that ‘It is understood that this proposal will serve as the basis of the contract if a policy is issued’.
Held: Scrutton LJ said: ‘The second point [taken by the insured’s Counsel] was that the answers were not in any way incorporated with the policy so that the correct answering was a condition precedent. The answer to that appears to be at the bottom of the form: ‘This proposal is to serve as the basis of the contract’; and, if so, the truth of the statements in it is equally the basis of the contract.’
Lord Sankey said: ‘The same law was laid down by the Court of Appeal by Lord Esher . . in Hambrough v Mutual Life Insurance Company of New York 72 L.T. 140, which was decided as far back as 1895. There the words in the proposal were not quite the same as the words in the proposal in the present case, but the Lord Chief Justice in the Court below said in his judgment that in his view the proposal was made the basis of the contract, and that the legal effect of the express warranty of the truth of the statements in the proposal is that if any of the statements is untrue the policies cannot be enforced by anyone. He was therefore following almost exactly the law laid down in the House of Lords by Lord Eldon in 1815 in the Newcastle Fire Insurance Company v Macmorran and Co., 3 Dow (H.L.) 255. I only refer to those cases to show that the law in this country at any rate has been settled in that respect for, it appears to me, over a century.’
Scrutton, Sankey LJJ
(1928) 32 Ll L Rep 98
England and Wales
Cited by:
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd TCC 8-Nov-2012
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.512348 br>
English law generally does not permit either the direct or indirect enforcement of foreign revenue laws.
Tomlin J
[1928] 1 Ch 877
England and Wales
Cited by:
Cited – Revenue and Customs and Another v Ben Nevis (Holdings) Ltd and Others ChD 20-Jul-2012
The claimant sought to make arrangements with a view to collecting substantial arrears of tax due to South Africa. The revenue said that it had that power by virtue of the double taxation treaty with South Aftrica. The company replied that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.519310 br>
[2004] EWCA Crim 449
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.270019 br>
[2011] UKAITUR IA107862010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.506025 br>
[2012] UKAITUR OA172242010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.506360 br>
[2011] UKAITUR IA044312009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.505406 br>
[2011] UKAITUR IA089212010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.505746 br>
[2011] UKAITUR IA015122011)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.505709 br>
[2011] UKAITUR IA382282010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.504618 br>
[2011] UKAITUR IA370842009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.504610 br>
[2011] UKAITUR IA235652010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.504790 br>
[2011] UKAITUR IA008872010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.503623 br>
[2010] UKAITUR OA618062009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.503190 br>
[2010] UKAITUR IA059142010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.503311 br>
[2010] UKAITUR IA027032010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.502807 br>
[2010] UKAITUR VA184022009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.502097 br>
[2010] UKAITUR IA072582010)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.502165 br>
[2009] UKAITUR IA179502009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.500595 br>
[2009] UKAITUR IA052992009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.499301 br>
[2009] UKAITUR IA192062008
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.499071 br>
[2009] UKAITUR IA113002009
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.500260 br>
[2008] UKAITUR IA156462008
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.497919 br>
[2008] UKAITUR VA624732007
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.498015 br>
Personal Data – Protection of Natural Persons With Respect To The Processing of That Data – Deactivate A Facebook Page – Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Personal data – Protection of natural persons with respect to the processing of that data – Order to deactivate a Facebook page (fan page) enabling the collection and processing of certain data of visitors to that page – Article 2(d) – Controller responsible for the processing of personal data – Article 4 – Applicable national law – Article 28 – National supervisory authorities – Powers of intervention of those authorities
K. Lenaerts, President, A. Tizzano (Rapporteur)
ECLI:EU:C:2018:388, [2018] EUECJ C-210/16, [2019] 1 WLR 119, [2018] WLR(D) 339, [2018] 3 CMLR 32
Bailii, WLRD
European
Updated: 17 October 2021; Ref: scu.617001 br>
Assessments – whether fair inferences – yes – whether displaced by appellant – in part – penalties – whether correctly raised – yes – appeal upheld in part
[2021] UKFTT 87 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.663662 br>
21773/02, [2008] ECHR 1157
Bailii
European Convention on Human Rights
Human Rights
Updated: 17 October 2021; Ref: scu.277469 br>