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In re Heather Elizabeth Jones Deceased, Jones v Midland Bank Trust Company Limited; Perry and Others: CA 17 Apr 1997

The will gave the residue of the estate to the testatrix’s son, but if he predeceased her to her nephews. The son was convicted of her murder. The court had to decide whether the gift fell into residue, when the son requested the court to disapply the forfeiture rule. Held: Disentitlement under a will because … Continue reading In re Heather Elizabeth Jones Deceased, Jones v Midland Bank Trust Company Limited; Perry and Others: CA 17 Apr 1997

Regina v Docklands Estates Ltd: CACD 22 Sep 2000

The offence committed by an estate agent of erecting ‘House Sold’ signs outside house in which it had had no instructions, was the offence of giving a false indication that services were supplied. The offence was commercial, and the penalty should be judged accordingly. The offence was unsightly, was for commercial gain, and to the … Continue reading Regina v Docklands Estates Ltd: CACD 22 Sep 2000

Bojanowski v Regional Court In Lodz (Poland): Admn 1 Nov 2022

Appeal against an order for the Appellant’s extradition to Poland in relation to his conviction for five offences relating to possession of drugs with intent to supply. Judges: Mrs Justice Thornton DBE Citations: [2022] EWHC 2754 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 06 November 2022; Ref: scu.682310

Gilliland v Revenue and Customs (Income Tax – Fixed Penalties): FTTTx 6 Mar 2020

INCOME TAX – Schedule 55 Finance Act 2009 – fixed penalties for failure to file a self-assessment return on time – Residence abroad – whether taxpayer had a reasonable excuse for his default – appeal dismissed. Permission to appeal out of time – refused. Citations: [2020] UKFTT 131 (TC) Links: Bailii Jurisdiction: England and Wales … Continue reading Gilliland v Revenue and Customs (Income Tax – Fixed Penalties): FTTTx 6 Mar 2020

Holliday v Breckland District Council: UTLC 30 Aug 2012

UTLC COMPENSATION – compulsory purchase -preliminary issues – injurious affection – right of way – interference with right of way by development carried out on land appropriated by local authority for planning purposes – whether compensation payable on basis of ransom value – held it was not – Town and Country Planning Act 1990 s … Continue reading Holliday v Breckland District Council: UTLC 30 Aug 2012

Kuwait Petroleum (Nederland) Bv, v European Commission: ECFI 27 Sep 2012

ECFI Competition – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Decision finding an infringement of Article 81 EC – Fines – Cooperation during the administrative procedure – Significant added value – Equal treatment – Rights of the defence Citations: T-370/06, [2012] EUECJ T-370/06 Links: Bailii European, Commercial Updated: 05 … Continue reading Kuwait Petroleum (Nederland) Bv, v European Commission: ECFI 27 Sep 2012

Buckland v The United Kingdom: ECHR 18 Sep 2012

The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012

HID, BA v Minister For Justice, Equality And Law Reform, Ireland, Attorney General: ECJ 6 Sep 2012

ECJ Opinion – Application of a national of a third country seeking to obtain refugee status – National procedure applying an accelerated or prioritised procedure for examining applications by persons belonging to a certain category defined on the basis of nationality or country of origin Judges: Bot AG Citations: C-175/11, [2012] EUECJ C-175/11 Links: Bailii … Continue reading HID, BA v Minister For Justice, Equality And Law Reform, Ireland, Attorney General: ECJ 6 Sep 2012

Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012

ECJ Reference for a preliminary ruling – Approximation of laws – Public health – Consumer information and protection – Labelling and presentation of foodstuffs – Concepts of ‘nutrition claims’ and ‘health claims’ – Regulation (EC) No 1924/2006 – Description of a wine as ‘easily digestible’ – Reference to reduced acidity levels – Beverages containing more … Continue reading Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012

The Countess of Rutland’s Case: 1572

Citations: [1572] EngR 422, (1572-1616) 5 Co Rep 42, (1572) 77 ER 119 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Countess of Rutland’s Case 1604 Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement … Continue reading The Countess of Rutland’s Case: 1572

Padmore v Inland Revenue Commissioners (No 2): ChD 8 Feb 2001

The taxpayer sought double taxation relief in respect of partnership profits earned in Jersey. Two sections appeared to be in direct contradiction. The earlier section had been superceded by the 1988 Act which was a consolidating Act. Consolidating legislation was intended to be read without reference to earlier legislation wherever possible save only in the … Continue reading Padmore v Inland Revenue Commissioners (No 2): ChD 8 Feb 2001

Northumberland County Council (Local Government): ICO 4 Mar 2021

The complainant requested information relating to the Council’s duties under the Housing Health and Safety Rating System (HHSRS) Operating Guidance. The Council refused the two requests because it said they were not valid requests for recorded information. The Commissioner’s decision is that both requests were valid under section 8 of FOIA. Consequently the Commissioner finds … Continue reading Northumberland County Council (Local Government): ICO 4 Mar 2021

Islamiya v Revenue and Customs (VAT – Land and Property – Educational Charity): FTTTx 30 Oct 2019

VAT – Land and property – Group 5 sch 8 VATA 1994 – educational charity – whether college used buildings otherwise than in course or furtherance of a business – whether building constituted a qualifying annexe Citations: [2019] UKFTT 658 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 05 November 2022; Ref: scu.644034

Trump International Golf Club Scotland Ltd v Aberdeen City Council: SIC 10 Feb 2015

SIC European Offshore Wind Farm Development Centre and Related Substation at Blackdog, Aberdeenshire – On 28 May 2014, Trump International Golf Club Scotland Ltd (Trump International) asked Aberdeen City Council (the Council) for information concerning the European Offshore Wind Farm Development Centre (EOWFDC)1 and related substation at Blackdog, Aberdeenshire. The Council disclosed some information and … Continue reading Trump International Golf Club Scotland Ltd v Aberdeen City Council: SIC 10 Feb 2015

Northern Ireland Ambulance Service (Health): ICO 12 Jul 2021

The complainant has requested information about the religious/political affiliations of staff at 11 ambulance stations. Northern Ireland Ambulance Service Health and Social Care Trust (NIAS) refused to disclose the information, citing the exemption at section 40(2) (Personal information) of the FOIA. It argued that the number of post holders covered by the request was sufficiently … Continue reading Northern Ireland Ambulance Service (Health): ICO 12 Jul 2021

H A Cook and Social Care and Social Work Improvement Scotland: SIC 26 Nov 2013

On 4 December 2012, Mr Cook asked Social Care and Social Work Improvement Scotland (SCSWIS) for the dates when two named Care Commission Officers were awarded their Regulation of Care Awards. SCSWIS refused the request under section 14(2) of FOISA, on the basis that it was repeated. Following an investigation, the Commissioner accepted this. Citations: … Continue reading H A Cook and Social Care and Social Work Improvement Scotland: SIC 26 Nov 2013

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Hornfeldt v Posten Meddelande AB: ECJ 5 Jul 2012

ECJ Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age – Account … Continue reading Hornfeldt v Posten Meddelande AB: ECJ 5 Jul 2012

National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996

The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’. LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective. Held: The governing body of the voluntary aided school was an emanation of the State. The … Continue reading National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996

Landkreis Sudliche Weinstraasse (Judgment): ECJ 2 Apr 2020

Reference for a preliminary ruling – Freedom of movement for workers – Regulation (EU) No 492/2011 – Children of frontier workers – Social benefits – System of reimbursement of school transport costs – Condition of residence in a Land – Exclusion of children attending school in that Land and residing in a Member State other … Continue reading Landkreis Sudliche Weinstraasse (Judgment): ECJ 2 Apr 2020

Natural England (Other): ICO 15 Jun 2020

The complainant has requested information from Natural England (‘NE’) concerning whether corvid or other bird or mammal species control licences had been granted by the public authority for certain named geographical locations. Natural England provided copies of all lethal individual licences (including supporting documentation) issued to these areas during 2019 but refused to provide identifying … Continue reading Natural England (Other): ICO 15 Jun 2020

Nowak v Poland: ECHR 13 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 60906/16, [2022] ECHR 835 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681714

NHS Commissioning Board (NHS England) (Health): ICO 18 Jan 2022

The complainant requested from the NHS Commissioning Board (NHS England) information relating to East and North Hertfordshire Trust’s compliance with patient safety alerts. NHS England refused to comply with the request citing section 12(1) (cost limits) of the FOIA. The Commissioner’s decision is that NHS England was entitled to refuse to comply with the request … Continue reading NHS Commissioning Board (NHS England) (Health): ICO 18 Jan 2022

Northern Ireland Housing Executive (Central Government): ICO 16 Aug 2021

The complainant has requested information about diminishing leasehold terms relating to property. Northern Ireland Housing Executive (‘NIHE’) refused to provide the requested information, citing section 36(2) of FOIA, the exemption for prejudice to effective conduct of public affairs, for some parts and section 42(1), the exemption for legal professional privilege, for the remainder. A small … Continue reading Northern Ireland Housing Executive (Central Government): ICO 16 Aug 2021