Search Results for: Art 24 EC

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Department for Education (Central Government): ICO 27 Sep 2021

The complainant requested information from the Department for Education (‘the DfE’) about email correspondence regarding the ‘One Britain One Nation Day’ initiative. The Commissioner’s decision is that the DfE failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the DfE to take … Continue reading Department for Education (Central Government): ICO 27 Sep 2021

Donnelley v Revenue and Customs (VAT – MTIC Fraud or Fraud Connected With No Supply): FTTTx 29 Oct 2019

VAT -MTIC fraud or fraud connected with no supply – penalty assessed on a company for deliberate inaccuracy attributed to director under para 19 Sch 24 FA 2007 – whether inaccuracy ‘deliberate – whether attributable to director – if no supply made whether declaration of output tax was an inaccuracy within para 6(2) Sch 24 … Continue reading Donnelley v Revenue and Customs (VAT – MTIC Fraud or Fraud Connected With No Supply): FTTTx 29 Oct 2019

Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department: SC 14 Dec 2016

In each case the applicant had sought to extend their leave to remain within the necessary time scale, but their applications had been defective. In one case the required biometric information had not been supplied, and in the other two the fees had not been paid. Held: The appeals failed. The Regulations were explicit. If … Continue reading Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department: SC 14 Dec 2016

Intertanko and Others, Regina (on the Application Of) v Secretary of State for Transport: Admn 30 Jun 2006

The applicants challenged the right of the European Union to make rules against the discharge of pollutant materials from ships in international waters. The Directive departed from standards set in an international harmonised convention. Judges: Hodge J Citations: [2006] EWHC 1577 (Admin) Links: Bailii Statutes: European Community Directive 2005/35/EC, International Convention for the Prevention of … Continue reading Intertanko and Others, Regina (on the Application Of) v Secretary of State for Transport: Admn 30 Jun 2006

Murray v The Parole Board Secretary of State for the Home Department: CA 6 Nov 2003

The applicant had been convicted of murder and sentenced to life imprisonment. He had twice previously been released on licence and had his licence revoked. His tarriff had expired The period between reviews of his detention had been two years, but a new system of 15 month intervals was being introduced. He complained that the … Continue reading Murray v The Parole Board Secretary of State for the Home Department: CA 6 Nov 2003

Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders’ register. Held: There was no provision … Continue reading Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

A, B v Essex County Council: QBD 18 Dec 2002

The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Scammell and Others v Dicker: CA 21 Dec 2000

A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers ‘expressed’ to be open for 21 days, but … Continue reading Scammell and Others v Dicker: CA 21 Dec 2000

Alekseyev v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 16241/18, [2022] ECHR 860 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681631

VW v Commission (Judgment): ECFI 16 Dec 2020

Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions of eligibility – Duration of marriage – Exception of illegality – Equal treatment – Principle of proportionality Citations: T-243/18, [2020] EUECJ T-243/18, ECLI: EU:T:2020:619 Links: Bailii Jurisdiction: European Employment Updated: 03 … Continue reading VW v Commission (Judgment): ECFI 16 Dec 2020

SYR (PTA; Electronic Materials) Iraq: UTIAC 24 Feb 2021

As paper is increasingly replaced by electronic forms of communication, it is particularly important that judges engaged in the permission to appeal process, whether at First-tier or Upper Tribunal level, satisfy themselves that they have the requisite materials before them in order to make a proper decision on permission. Accordingly, a judge should not grant … Continue reading SYR (PTA; Electronic Materials) Iraq: UTIAC 24 Feb 2021

B and S Global Transit Center v Staatssecretaris van Financien: ECJ 29 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Regulation (EEC) No 2913/92 – Articles 203 and 204 – External Community transit procedure – Regulation (EEC) No 2454/93 – Articles 365, 366 and 859 – Incurrence of a customs debt – Whether or not goods are unlawfully removed from customs supervision … Continue reading B and S Global Transit Center v Staatssecretaris van Financien: ECJ 29 Oct 2015

Tael One Partners Ltd v Morgan Stanley and Co International Plc: ComC 9 Jul 2012

Each party sought summary judgment. Held: Popplewell J granted Tael’s application and dismissed Morgan Stanley’s. The payment premium was similar to interest and performed an analogous function. The cost of the borrowing was more than the interest of 11.25% per annum, but only that amount required to be paid out of cash flow three monthly … Continue reading Tael One Partners Ltd v Morgan Stanley and Co International Plc: ComC 9 Jul 2012

Prestige Nursing Ltd v Carter: EAT 11 May 2012

EAT WORKING TIME REGULATIONSUNLAWFUL DEDUCTION FROM WAGESDaily rest and weekly rest periods – not alleged by Claimant that there had been any attempt to exercise the rights which the Respondent had refused – appeal allowed and award set aside – Miles v Linkage Community Trust [2008] IRLR 602 followed.Unlawful deduction from wages – no satisfactory … Continue reading Prestige Nursing Ltd v Carter: EAT 11 May 2012

Radu v Germany: ECHR 3 Jul 2012

Citations: 20084/07 (Communicated Case), [2012] ECHR 1230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Radu v Germany (Legal Summary) ECHR 16-May-2013 ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of … Continue reading Radu v Germany: ECHR 3 Jul 2012

Usedsoft Gmbh v Oracle International Corp: ECJ 24 Apr 2012

ECJ Opinion – Legal protection of computer programs – Directive 2009/24/EC – Marketing of used software downloaded from the internet – Exhaustion of the distribution right Judges: Bot AG Citations: [2012] EUECJ C-128/11, C-128/11 Links: Bailii Statutes: Directive 2009/24/EC 4(2) 5(1) Cited by: Opinion – Usedsoft Gmbh v Oracle International Corp ECJ 3-Jul-2012 ECJ (Grand … Continue reading Usedsoft Gmbh v Oracle International Corp: ECJ 24 Apr 2012

Coventry Permanent Economic Building Society v Jones: ChD 1951

The contracting purchaser of a property agreed, prior to completion, to let the ground floor of the property to two tenants. She subsequently borrowed a sum of money from the plaintiffs to enable her to complete the purchase. On completion, she granted the plaintiffs a mortgage which contained a prohibition on the creation of tenancies. … Continue reading Coventry Permanent Economic Building Society v Jones: ChD 1951

MS (Ivory Coast) v Secretary of State for the Home Department: CA 22 Feb 2007

At the time when her asylum application was heard, there was also outstanding an application for contact with her children. The applicant said that to decide to order her removal before that decision would violate her article 8 rights. The respondent argued that it had undertaken not to give any removal directions before that hearing. … Continue reading MS (Ivory Coast) v Secretary of State for the Home Department: CA 22 Feb 2007

Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited: CA 24 Oct 1996

The reddendum in the lease provided for a rent review: ‘there will be a rent review for each of the review periods’. The express machinery for such review could only be initiated by the landlord, but in refusing to initiate a review the landlord was frustrating the provisions of the contract that there should be … Continue reading Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited: CA 24 Oct 1996

In re T (a Minor): CA 24 Oct 1996

C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996

Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996

Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the decals to shipping lines. Some became illegible. Fasson brought an action for breach of warranty. … Continue reading Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996

Beverly Hills Teddy Bear Company v Pms International Group Plc: IPEC 17 Sep 2019

The defendant sought summary judgment which would have the effect of striking out part of the claim. No facts were in dispute – the application raised solely a point of European Union design law. Judges: Judge Hacon Citations: [2019] EWHC 2419 (IPEC) Links: Bailii Jurisdiction: England and Wales Intellectual Property, European Updated: 01 November 2022; … Continue reading Beverly Hills Teddy Bear Company v Pms International Group Plc: IPEC 17 Sep 2019

Department for Work and Pensions (Central Government): ICO 25 Oct 2016

The complainant requested a list of all current team email addresses and the associated team title and physical location of the team to which each email address belongs. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to refuse to comply with the request under section 12 of the FOIA. … Continue reading Department for Work and Pensions (Central Government): ICO 25 Oct 2016

Department for Work and Pensions (Central Government): ICO 24 Jan 2017

The complainant requested copies of emails sent from the email account of the Secretary of State for Work and Pensions. The Department for Work and Pensions denied holding information falling within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, DWP does not hold information falling within the scope … Continue reading Department for Work and Pensions (Central Government): ICO 24 Jan 2017

Environment Agency (Central Government): ICO 18 Dec 2017

The complainant has requested information on the successful candidates for a position he applied for. The Environment Agency (EA) refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the EA has correctly applied section … Continue reading Environment Agency (Central Government): ICO 18 Dec 2017

Hartigan (T/A Striking Iron) v Revenue and Customs (VAT – Assessments : Best Judgment – Breach of Threshold for Mandatory Registration): FTTTx 24 Apr 2019

VAT – breach of threshold for mandatory registration – failure to notify liability to register – assessment of arrears by using sector rate under the Flat Rate Scheme (‘FRS’) – appellant applied to join the FRS – Tribunal lacks jurisdiction in relation to the FRS arrangement – penalty for failure to notify liability under Sch … Continue reading Hartigan (T/A Striking Iron) v Revenue and Customs (VAT – Assessments : Best Judgment – Breach of Threshold for Mandatory Registration): FTTTx 24 Apr 2019

Lindheim And Others v Norway: ECHR 12 Jun 2012

Citations: 13221/08, [2012] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013 The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was … Continue reading Lindheim And Others v Norway: ECHR 12 Jun 2012

Auto 24 v Jaguar Land Rover France SAS: ECJ 14 Jun 2012

ECJ Competition – Article 101 TFEU – Motor vehicle sector – Regulation (EC) No 1400/2002 – Block exemption – Selective distribution system – Concept of ‘specified criteria’ concerning a quantitative selective distribution system – Refusal to grant authorisation as a distributor of new motor vehicles – Lack of precise, objective, proportionate and non-discriminatory quantitative selection … Continue reading Auto 24 v Jaguar Land Rover France SAS: ECJ 14 Jun 2012

A, Re (Disclosure of Third Party Information): FD 16 Feb 2012

The mother and father disputed contact. It was known that a third party had made a confidential allegation of sexual abuse against the father. Disclosure was sought. The application was resisted on the basis that the woman’s own health would be damaged. Held: The order was declined. Jackson J said: ‘in this highly unusual situation … Continue reading A, Re (Disclosure of Third Party Information): FD 16 Feb 2012

Organismos Kypriakis Galaktokomikis Viomichanias v OHMI – Garmo (Gazi Hellim): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark GAZI Hellim – Community collective mark earlier word halloumi – Relative ground for refusal – Similarity of signs – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009 Judges: Truchot P Citations: T-535/10, [2012] EUECJ T-535/10 Links: Bailii Statutes: Regulation … Continue reading Organismos Kypriakis Galaktokomikis Viomichanias v OHMI – Garmo (Gazi Hellim): ECFI 13 Jun 2012

TMS Trademark-Schutzrechtsverwertungsgesellschaft v Ohmi – Comercial Jacinto Parera (Mad): ECFI 24 May 2012

ECFI Community trade mark – revocation – Community figurative mark MAD – Genuine use of the mark – Article 51, paragraph 1, sub a) of Regulation (EC) No 207/2009 – form differing in elements which do not alter the distinctive character – Article 15, paragraph 1, sub a) of Regulation No 207/2009 Judges: Truchot P … Continue reading TMS Trademark-Schutzrechtsverwertungsgesellschaft v Ohmi – Comercial Jacinto Parera (Mad): ECFI 24 May 2012

JBF RAK v Council: ECFI 24 May 2012

ECFI Subsidies – Imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates – Definitive countervailing duty and definite collection of provisional duty – Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 – Principle of sound administration Judges: Dittrich P Citations: T-555/10, [2012] EUECJ T-555/10 Links: Bailii European Updated: … Continue reading JBF RAK v Council: ECFI 24 May 2012

Grupo Osborne v OHMI – Industria Licorera Quezalteca (Toro Xl): ECFI 24 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark TORO XL – Earlier Community figurative mark XL – Relative ground for refusal – Article 8, paragraph 1, sub b) of Regulation No 207/2009 – No risk of confusion Citations: T-169/10, [2012] EUECJ T-169/10 Links: Bailii European, Intellectual Property Updated: 01 November … Continue reading Grupo Osborne v OHMI – Industria Licorera Quezalteca (Toro Xl): ECFI 24 May 2012

Cantisani v Commission: ECJ 5 Jun 2012

ECJ Public service – Contract staff – Conference Interpreter – Articles 12a and 24 of the Statute – Bullying – Conflict of Interest – Application for compensation Judges: Kreppel Rap Citations: F-71/10, [2012] EUECJ F-71/10 Links: Bailii European Updated: 01 November 2022; Ref: scu.460215

Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site. Held: The requests were denied. The claims were not unarguable, and much remained to … Continue reading Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

West Lindsey District Council (Local Government): ICO 24 May 2021

The complainant requested information relating to a planning application. The council initially disclosed some information however it redacted the names of some individuals under Regulation 13(1). On review the council continued to rely upon Regulation 13(1), applied Regulation 12(4)(e) to a small section of information, and also said that it was applying Regulation 12(4)(b) on … Continue reading West Lindsey District Council (Local Government): ICO 24 May 2021

Angiotech Pharmaceuticals and Another v Conor Medsystems Inc: CA 16 Jan 2007

The appellants challenged a finding that their patent for a vascular stent failed for obviousness. Held: To overcome a judge’s finding in such a case some error of principle had to be shown. No such error was shown and the appeal failed. Citations: [2007] EWCA Civ 5, [2007] RPC 20, (2007) 94 BMLR 122 Links: … Continue reading Angiotech Pharmaceuticals and Another v Conor Medsystems Inc: CA 16 Jan 2007

Secretary of State for the Home Department v Regina (on the Application of) AA (Afghanistan): CA 22 Nov 2006

The claimant had sought asylum. He said that the respondent’s delay in processing his claim had caused him prejudice and had successfully obtained a review of the decision to remove him to Austria to have his claim decided there. Held: The Home Secretary’s appeal succeded: ‘while the secretary of state’s delay was deplorable and unexplained … Continue reading Secretary of State for the Home Department v Regina (on the Application of) AA (Afghanistan): CA 22 Nov 2006

Williams and Another v Sandy Lane (Chester) Ltd: CA 15 Dec 2006

The servient owner granted a lease of his land without first seeking to prevent use of the right of way by the dominant owner. Held: The servient owner could not now rely on the fact of the lease to say that he had been disabled from preventing the continued acquisition of the right of way … Continue reading Williams and Another v Sandy Lane (Chester) Ltd: CA 15 Dec 2006

AA (Zimbabwe) v Secretary of State for the Home Department: CA 6 Mar 2007

Citations: [2007] EWCA Civ 149, [2007] 1 WLR 3134 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – DM v Secretary of State for the Home Department SCS 30-Jan-2008 The applicant had applied for asylum saying that she was Zimbabwean and had fled after her husband, a member of the opposition had been arrested … Continue reading AA (Zimbabwe) v Secretary of State for the Home Department: CA 6 Mar 2007

Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005

The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005

Regina v Suffolk County Council Ex Parte Steed and Another: CA 2 Aug 1996

Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it is no trivial matter for a landowner to have … Continue reading Regina v Suffolk County Council Ex Parte Steed and Another: CA 2 Aug 1996

Commission v Spain (Flood risks – Canary Islands management plans) (Judgment): ECJ 2 Apr 2020

Failure to fulfill obligations – Assessment and management of flood risks – Directive 2007/60 / EC – Article 7, paragraphs 1 and 5, Article 10, paragraphs 1 and 2, as well as Article 15, paragraph 1 – Flood management plan flood risks – Establishment – Public consultation and information – Provision of the European Commission … Continue reading Commission v Spain (Flood risks – Canary Islands management plans) (Judgment): ECJ 2 Apr 2020

Jasson v Revenue and Customs (Procedure : Application To Strike Out Appeals On Basis of Absence of Jurisdiction): FTTTx 24 Sep 2019

PROCEDURE – application to strike out appeals on basis of absence of jurisdiction or no reasonable prospect of success – application granted in part – application refused in respect of appeal against late payment penalties which should proceed to a hearing Citations: [2019] UKFTT 599 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: … Continue reading Jasson v Revenue and Customs (Procedure : Application To Strike Out Appeals On Basis of Absence of Jurisdiction): FTTTx 24 Sep 2019

Wolf v Stadt Frankfurt am Main: ECJ 12 Jan 2010

ECJ Directive 2008/78/EC Article 4(1) Prohibition of discrimination on grounds of age National provision setting a maximum age of 30 years for the recruitment of officials to posts in the fire service Aim pursued Genuine and determining occupational requirement Judges: K Lenaerts P Citations: [2010] 2 CMLR 32, [2010] EUECJ C-229/08, [2010] CEC 1029, [2010] … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 12 Jan 2010

Aksoy, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 26 May 2006

Renewed application for permission to apply for judicial review of a decision by the defendant to refuse the claimant’s application for leave to remain in this country under the Turkish EC Association Agreement Citations: [2006] EWHC 1487 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 31 October 2022; Ref: scu.376249

Ford-Camber Ltd v Deanminster Ltd and Another: CA 24 May 2007

The parties disputed the compensation for the diversion of a right of way. The right was over a service road connecting the land with the highway. If the land was acquired by the development authority under section 104, and was carried out by a person claiming title under them, then they would have the right … Continue reading Ford-Camber Ltd v Deanminster Ltd and Another: CA 24 May 2007

Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

The defendants had opposed the grant of the trade mark which they were now accused of infringing. The claimants said that having failed at the opposition stage, they were now estopped from challenging the validity of the mark. Held: It was not an abuse of process for L’Oreal to raise by way of defence or … Continue reading Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

O2 Holdings Ltd and Another v Hutchison 3G Ltd: CA 5 Dec 2006

The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor for the purpose of comparing the characteristics (and in particular the price) of goods or … Continue reading O2 Holdings Ltd and Another v Hutchison 3G Ltd: CA 5 Dec 2006

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

DK (Serbia) and others v Secretary of State for the Home Department: CA 20 Dec 2006

The court considered and gave guidance on the re-consideration of cases by the Asylum and Immigration Appeal Tribunal after the 2004 Act, particularly as to the scope where there had been a possible error in law, and as to the procedures adopted. Held: In the absence of an error of law, a decision should be … Continue reading DK (Serbia) and others v Secretary of State for the Home Department: CA 20 Dec 2006

Cuccaro Granatelli v Italy: ECHR 8 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention and domestic proceedings. Citations: 19830/03, [2005] ECHR 824 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.236827

AJ (Liberia) v Secretary of State for the Home Department: CA 15 Dec 2006

Citations: [2006] EWCA Civ 1736 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009 Assurances for Extradition Extradition of the defendant was sought to the US to face allegations of hacking into defence computers there. He said this would … Continue reading AJ (Liberia) v Secretary of State for the Home Department: CA 15 Dec 2006

Mibanga v Secretary of State for the Home Department: CA 17 Mar 2005

The court considered the proper approach to expert evidence when viewed alongside other evidence: Wilson J said ‘It seems to me to be axiomatic that a fact-finder must not reach his or her conclusion before surveying all the evidence relevant thereto . . Mr Tam, for the Secretary of State, argues that decisions as to … Continue reading Mibanga v Secretary of State for the Home Department: CA 17 Mar 2005

Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done … Continue reading Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party: CA 1 Apr 2003

The applicant had arrived in England to apply for asylum but had then been moved to Scotland. A decision of the adjudication officer in Scotland had been heard by the Immigration Appeal Tribunal sitting in London. The claimant sought a High Court review of that decision in London. Held: The review could only be conducted … Continue reading Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party: CA 1 Apr 2003

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

Savva and Another v Houssein: CA 24 Apr 1996

The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease. Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was … Continue reading Savva and Another v Houssein: CA 24 Apr 1996

Skareby v Commission (Civil Service): ECJ 6 Apr 2011

ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure Citations: F-42/10, [2011] EUECJ F-42/10 Links: Bailii Cited by: Order – Skareby v Commission (Civil … Continue reading Skareby v Commission (Civil Service): ECJ 6 Apr 2011

Tsakiris-Mallas v OHMI – Seven (7 Seven Fashion Shoes): ECFI 8 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark 7 Seven Fashion Shoes – Earlier national figurative marks Seven and 7seven – Partial refusal to register – Relative grounds for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 Judges: Forwood P … Continue reading Tsakiris-Mallas v OHMI – Seven (7 Seven Fashion Shoes): ECFI 8 May 2012

United States of America v Assange: Admn 10 Dec 2021

Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021

Goremsandu v Secretary of State for the Home Department: CA 1996

The applicant had been convicted of incest with his daughter, and served with a deportation notice on release from prison. Held: Removal on ‘public policy’ grounds may be a justified response to sufficiently serious criminal conduct, if combined with evidence of a propensity to reoffend, and in particularly serious cases even without it. It was … Continue reading Goremsandu v Secretary of State for the Home Department: CA 1996

Storck v OHIM C-24/05: ECJ 22 Jun 2006

ECJ Appeal – Community trade mark – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 – Absolute ground for refusal to register – Three-dimensional mark – Three-dimensional shape of a light-brown sweet – Distinctive character. Citations: C-24/05, [2006] EUECJ C-24/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 27 October 2022; Ref: scu.243011

Storck v OHIM C-25/05: ECJ 22 Jun 2006

ECJ Appeal – Community trade mark – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 – Absolute ground for refusal to register – Figurative mark – Representation of a gold-coloured sweet wrapper – Distinctive character. Citations: C-25/05, [2006] EUECJ C-25/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 27 October 2022; Ref: scu.243012

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Rose vDirector of Public Prosecutions: Admn 16 Mar 2006

The defendant appealed his conviction for outraging public decency by behaving in an indecent manner contrary to common law. He had been in the foyer of a bank at night with a girl who performed oral sex. The action could have been seen, but was only recorded and seen the following morning by the manager … Continue reading Rose vDirector of Public Prosecutions: Admn 16 Mar 2006

John v MGN Ltd: CA 12 Dec 1995

Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995

Executors of Mrs R W Levy v Revenue and Customs (Procedure : Application for Final or Partial Closure Notice): FTTTx 26 Jun 2019

PROCEDURE – application for final or partial closure notice – nature of tribunal’s jurisdiction – whether reasonable grounds for not giving a final closure notice – yes – whether power to direct a partial closure notice in respect of domicile where tax unknown – no – appeal against information notice – whether information reasonably required … Continue reading Executors of Mrs R W Levy v Revenue and Customs (Procedure : Application for Final or Partial Closure Notice): FTTTx 26 Jun 2019

Horsham District Council v Secretary of State for the Environment: CA 1993

Judges: Nolan LJ Citations: [1993] 1 PLR 81 Jurisdiction: England and Wales Cited by: Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007 The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist … Continue reading Horsham District Council v Secretary of State for the Environment: CA 1993

Regina v Home Secretary, Ex parte Thavathevathasan: CA 1994

The court discussed the task of a Special Adjudicator: ‘Clearly the Special Adjudicator is not bound by the Home Secretary’s certificate. In other words, he does not merely wield a rubber stamp. He must consider whether, on the material before the Home Secretary, and on any other material before him (if it is proper for … Continue reading Regina v Home Secretary, Ex parte Thavathevathasan: CA 1994

Doran and Another v County Rentals Ltd (T/A Hunters): CA 24 Oct 2022

Proper construction and effect of Schedule 10, Part 2 of the Corporate Insolvency and Governance Act 2020 (CIGA) in its 2020 form and the Practice Direction – Winding Up Petitions and the Corporate Insolvency and Governance Act 2020, reported at [2020] Bus LR 1847 (the ‘Practice Direction’). The legislation and the procedure outlined in the … Continue reading Doran and Another v County Rentals Ltd (T/A Hunters): CA 24 Oct 2022

Watts v Aldington, Tolstoy v Aldington: CA 15 Dec 1993

There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. Bankruptcy orders were made against both Mr Watts and Count Tolstoy. By early 1991 Lord Aldington was faced … Continue reading Watts v Aldington, Tolstoy v Aldington: CA 15 Dec 1993

Regina v Secretary of State for the Home Department ex parte Abdi and Another: CA 21 Apr 1994

The Home Secretary has no duty to show the factual evidence he had relied upon as to the safety of a deportee’s destination country.The Home Secretary need not state all information on which his certificate was based. The court recognised the need for speed decisions. Judges: Steyn LJ Citations: Independent 21-Apr-1994, Times 25-Apr-1994 Statutes: Geneva … Continue reading Regina v Secretary of State for the Home Department ex parte Abdi and Another: CA 21 Apr 1994

Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc: CA 30 Sep 1993

Police complaints documents’ use may be restricted in civil proceedings. Citations: Times 30-Sep-1993, Independent 08-Oct-1993, Gazette 08-Dec-1993 Jurisdiction: England and Wales Citing: Appeal from – Regina v Chief Constable of West Midlands Ex Parte Wiley; Regina v Chief Constable Notts Ex Parte Sunderland QBD 24-Feb-1993 Police were not to use a complaint statements in civil … Continue reading Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc: CA 30 Sep 1993

Cheese v Thomas: CA 24 Aug 1993

A transaction entered into was manifestly disadvantageous to him. After a finding of undue influence, losses on the sale of a property are to be shared by both parties, so as to restore the parties to their original positions as near as might be. Judges: Lord Nicholls Vice Chancellor Citations: Independent 30-Aug-1993, Times 24-Aug-1993, [1994] … Continue reading Cheese v Thomas: CA 24 Aug 1993