A judge may choose not to inspect the documents behind a Public Interest immunity certificate if that certificate had been given for reasons of National Security. The court must always be vigilant to ensure that public interest immunity of whatever kind is raised only in appropriate circumstances and with appropriate particularity. Judges: Russell LJ Citations: … Continue reading Balfour v Foreign and Commonwealth Office: CA 10 Dec 1993
Summary Decision – Transfer Citations: [2019] DRS 21273 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 26 October 2022; Ref: scu.642480
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 22579/13, [2018] ECHR 938 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 October 2022; Ref: scu.631240
An action was raised against Justices of Peace for neglect and failure in the performance of their duty. They pleaded the Act 24 Geo. II., c. 44, as protecting them in the execution of their office. Held that this Act applied to Scotland. Reversed in the House of Lords. Citations: [1755] UKHL 6 – Paton … Continue reading The Duke of Douglas v John Lockhart of Lee, and James Somervel of Corehouse Et E Contra: HL 27 Mar 1755
The complainant submitted a request to the London Borough of Waltham Forest (the Council) seeking information about personal data breaches. It provided some of the information sought, explained that it did not hold other parts of the information and relied on section 12(1) (cost limit) of FOIA to refuse parts of the request. The complainant … Continue reading London Borough of Waltham Forest (Local Government): ICO 24 May 2021
Judges: Lord Justice Tuckey Citations: [2007] EWCA Civ 193 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 25 October 2022; Ref: scu.249884
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the … Continue reading Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
Citations: [2006] EWCA Civ 1661, [2007] 1 Lloyd’s Rep 329, [2007] Lloyd’s Rep IR 343, [2007] Lloyd’s Rep IR Plus 16 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Brit Syndicates Ltd and others v Italaudit Spa and Another ComC 3-Mar-2006 The claimant insurers sought a declaration that they had successfully avoided an … Continue reading Brit Syndicates Ltd (Brit Syndicate 2987 at Lloyd’s) and others v Grant Thornton International and Another: CA 6 Dec 2006
The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005
Judges: Peter Smith J Citations: [2005] EWHC 2953 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996 Limits of Damages for Negligent ValuationsDamages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a … Continue reading Weston v Gribben: ChD 20 Dec 2005
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003
Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001
Citations: 23078/93, (1997) 25 EHRR 228, [1997] ECHR 1, (1998) 25 EHRR 686 Links: Worldlii, Bailii Jurisdiction: Human Rights Citing: Cited – Boughanemi v France ECHR 24-Apr-1996 A Tunisian national lived in France. In his youth. He was deported after being convicted of a number of serious criminal offences. He returned illegally and formed a … Continue reading Bouchelkia v France: ECHR 29 Jan 1997
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112 / EC – Article 132, paragraph 1, sub m) – Exemption of ‘certain supplies of services having a close link with the practice of sport or physical education ‘- Direct effect – Concept of’ non-profit organizations ‘ Citations: ECLI:EU:C:2020:1013, C-488/18, … Continue reading Golfclub Schloss Igling (Judgment): ECJ 10 Dec 2020
COSTS – unreasonable conduct – unparticularised and unsupported allegations of fraud by HMRC in Statement of Case – late withdrawal by HMRC – application allowed Citations: [2019] UKFTT 412 (TC) Links: Bailii Jurisdiction: England and Wales Costs Updated: 25 October 2022; Ref: scu.641242
ECJ Taxation – VAT – Directive 2006/112/EC – Articles 73 and 78 – Immovable property transactions carried out by natural persons – Classification of those transactions as taxable – Determination of the VAT owing when the parties have made no provision for it at the time of conclusion of the contract – Question as to … Continue reading Corina-Hrisi Tulica v Agentia Nationala De Administrare Fiscala: ECJ 7 Nov 2013
Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission with AstraZeneca and the German authorities relating to the quantities and delivery times of vaccines against COVID-19 – Exception relating to the protection of court proceedings – Documents having been produced in the context of legal proceedings closed at the time of … Continue reading Saure v Commission (Judgment): ECFI 12 Oct 2022
Judges: Mr Justice Stewart Citations: [2014] EWHC 424 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 25 October 2022; Ref: scu.521583
Article 14 Discrimination Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644 [This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645 The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They … Continue reading Dietz and Suttasom v Austria: ECHR 29 May 2015
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark representing a boy on a bicycle holding a mallet – Earlier Community and national figurative marks representing a polo player – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – Article 8(5) of Regulation No … Continue reading Polo/Lauren v OHMI – FreshSide (Repreentation D’Un Garcon Sur Un Velo Tenant Un Maillet): ECFI 18 Sep 2014
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government. Held: The Secretary of State was responsible for the lawfulness of his own reasons, but not in effect … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: CA 29 Oct 2013
ECJ Value added tax – Directive 2006/112/EC – Articles 168(a) and 176 – Right to deduction – Expenditure related to the purchase of goods and the supply of services for staff – Staff supplied to the taxable persons claiming the right to deduction but employed by another taxable person Judges: M. Berger, P Citations: C-124/12, … Continue reading AES-3C Maritza East 1 Eood v Direktor Na Direktsia: ECJ 18 Jul 2013
The court was asked as to important issues on the validity and constitutionality of restrictions imposed by the directors pursuant to Part 22 of the 2006 Act and the company’s Articles of Association, including the purported disenfranchisement of two of JKX’s shareholders, registered as the holders of 27.55% and 11.45% of the company’s ordinary shares, … Continue reading JKX Oil and Gas Plc and Others v Eclairs Group Ltd: CA 13 May 2014
ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
Citations: [2005] UKIntelP o02305 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 24 October 2022; Ref: scu.456200
(Non-admissibility Decision) It was affirmed: ‘that Article 34 of the Convention requires that an individual applicant should claim to have been actually affected by the violation he alleges. That Article does not institute for individuals a kind of actio popularis for the interpretation of the Convention; it does not permit individuals to complain against a … Continue reading The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001
The applicant claimed that the police had known in advance of an attack upon the applicants by religious opponents, which he said would constitute inhuman or degrading treatment, but that they had failed to take any preventive action. Held: The Court reaffirmed the existence of a positive obligation upon States under article 3, in the … Continue reading Gldani Congregation of Jehovah’s Witnesses Others v Georgia: ECHR 3 May 2007
Citations: [1981] 1 WLR 458 Statutes: Supreme Courts Act 1981 69(1) Jurisdiction: England and Wales Cited by: Cited – Parsons, Parsons v Provincial Insurance Plc CA 20-Feb-1998 The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value … Continue reading Stafford Winfield Cook and Partners v Winfield: 1981
The applicants were two unaccompanied minors from Eritrea who had been taken from their homes at 4am for removal that morning from the UK in the case of T for removal at 7.30am and in the case of M at 9.30am or thereabouts. M managed to prevent her removal taking place but she suffered some … Continue reading T, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Feb 2010
Citations: [2007] EWCA Civ 327 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.251445
The court considered the Human Rights effect of a delay in removal of a failed asylum seeker. Buxton LJ said of the claim that the delay led to a separate reason for not ordering the claimants’ return: ‘that enterprise failed, first because the effect in law of such delay is already well-settled by authority binding … Continue reading HB (Ethiopia) and others v Secretary of State for the Home Department: CA 14 Dec 2006
Citations: [2005] EWHC 1702 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.229305
(Edmonton County Court) The claimant sought disclosure under the Act from the FSA of its file relating to his dealings with Barclays Bank. Though the claim generally failed, the court considered how it would have exercised his discretion under section 7(9). He gave a number of reasons why, even if the claimant had otherwise established … Continue reading Durant v Financial Services Authority: CC 24 Oct 2002
Citations: [2003] EWHC 1673 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.185604
(Ontario) An assignee for the benefit of creditors conveyed mortgaged property to the mortgagee in satisfaction of part of the debt due to him. The mortgagee was also one of the inspectors required by the Canadian legislation to supervise the conduct of assignments for the benefit of creditors. Twelve years after the conveyance creditors commenced … Continue reading Taylor v Davies: PC 19 Dec 1919
Citations: [2003] EWCA Civ 94 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.181115
EU trade mark – Invalidity proceedings – EU figurative mark BASIC – Earlier national trade names basic and basic AG – Relative grounds for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) … Continue reading Repsol v EUIPO – Basic (Basic) (EU Trade Mark – Judgment): ECFI 9 Dec 2020
The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function. Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might … Continue reading Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002
Reference for a preliminary ruling – Migrant workers – Social security – Regulation (EEC) No 1408/71 – Legislation applicable – Article 14(1)(a) and (2)(b) – Regulation (EC) No 883/2004 – Article 12(1) – Article 13(1)(a) – Posted workers – Workers employed in two or more Member States – Regulation (EEC) No 574/72 – Article 11(1)(a) … Continue reading Bouygues Travaux Publics and Others (Migrant Workers – Social Security – Judgment): ECJ 14 May 2020
Public service contracts – Tendering procedure – Provision of translation services for financial and banking texts from English into Hungarian – Classification of a tenderer in the cascade procedure – Article 113, paragraphs 2 and 3, of Regulation (EU, Euratom) No 966/2012 – Obligation to state reasons – Price of the tender from the best … Continue reading Intercontact Budapest v CDT (Judgment): ECFI 29 Apr 2020
References for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Articles 62 and 69 – Particulars on the labelling and package leaflet of homeopathic medicinal products – Exhaustive list of the particulars or possibility to add information that is useful to the patient and is compatible with the summary of … Continue reading Dhu Arzneimittel (Medicinal Products for Human Use – Labelling and Package Leaflet of Homeopathic Medicinal Products – Judgment): ECJ 23 Apr 2020
Reference for a preliminary ruling – Free movement of workers – Article 45 (1) TFEU – Remuneration – Classification in the steps of a remuneration system – Remuneration system linking the benefit of higher remuneration to the length of service acquired with the same employer – Limitation of the taking into account of previous periods … Continue reading Land Niedersachsen (Periodes Anterieures D’Activite Pertinente) (Judgment): ECJ 23 Apr 2020
Citations: [2020] EWCA Civ 157 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.648162
Citations: [2020] EWCA Civ 156 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 October 2022; Ref: scu.648156
VALUE ADDED TAX DVOIP and Electronic Communication Services – Penalty imposed on company in relation to inaccuracies in three successive quarterly VAT returns – Company entered liquidation – Personal Liability Notice for 100% of the Company’s liability issued to Appellant sole director D Schedule 24 Paragraph 19 Finance Act 2007 D Did the Company know … Continue reading Hussain v Revenue and Customs (VAT – Administration : Collection and Enforcement): FTTTx 12 Aug 2019
PROCEDURE – application for a direction requiring HMRC to issue a partial closure notice – whether partial closure notice can be issued in relation to a taxpayer’s domicile/remittance basis claim without specifying the amount of tax due – s 28A Taxes Management Act 1970 – taxpayer information notice – paragraph 1 of schedule 36 to … Continue reading Embiricos v Revenue and Customs (Procedure : Application for A Direction Requiring HMRC To Issue A Partial Closure Notice): FTTTx 9 Apr 2019
VAT – Partial exemption – Standard method override – Production costs accepted as ‘residual’ – Whether production costs have a direct and immediate link to catering and other taxable supplies – Whether ‘break in chain’ or separate supplies – Appeal allowed in part Citations: [2019] UKFTT 329 (TC) Links: Bailii Jurisdiction: England and Wales VAT … Continue reading The Royal Opera House Covent Garden Foundation v Revenue and Customs (VAT – Partial Exemption): FTTTx 24 May 2019
PROCEDURE – Tribunal releasing ‘decision in principle’ in relation to 2006-07 tax year -construction of closure notice – whether appellants can now make arguments on status of licence fee income in 2006-7 – whether Tribunal has jurisdiction to hear such arguments – yes – application allowed Citations: [2018] UKFTT 597 (TC) Links: Bailii Jurisdiction: England … Continue reading The Vaccine Researcher Ltd Partnership and Another v Revenue and Customs (Procedure : Other): FTTTx 10 Oct 2018
PROCEDURE – application for extension of time to lodge witness statements – use of judicial discretion – Martland followed – application refused Citations: [2018] UKFTT 506 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 24 October 2022; Ref: scu.632291
The applicant alleged, in particular, that his freedom of expression had been infringed on account of him having been fined for having criticised, as a legal representative, the sitting judge in one of his cases. He also claimed that the length of the disciplinary proceedings conducted against him was incompatible with Article 6 of the … Continue reading Kincses v Hungary: ECHR 27 Jan 2015
Whether the appellant should be granted permission to apply for judicial review of the Secretary of State’s refusal to grant him leave to remain in the United Kingdom. The Upper Tribunal declined to give such permission, but he appeals against that decision. Judges: Lord Justice Newey Citations: [2018] EWCA Civ 277 Links: Bailii Jurisdiction: England … Continue reading Bajracharya, Regina (on The Application of) v Secretary of State for The Home Department: CA 22 Feb 2018
Consequential judgment after main one. Judges: Hayden J Citations: [2016] EWHC 803 (Admin), [2016] WLR(D) 192, [2016] 4 WLR 80 Links: Bailii, WLRD Jurisdiction: England and Wales Damages, Costs Updated: 24 October 2022; Ref: scu.562137
The applicant alleged, in particular, that the ne bis in idem (double jeopardy) principle had been violated in his case. Judges: Guido Raimondi, P Citations: 17039/13 – Chamber Judgment, [2015] ECHR 88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Criminal Practice Updated: 24 October 2022; Ref: scu.541937
The applicant alleged that his detention was contrary to Article 5-1 in that it was held in prison and not in a health care clinic. Relying on Article 5-5, it also complains about not being able to obtain compensation in this regard. Judges: Guido Raimondi, P Citations: 43368/08 – Chamber Judgment, [2015] ECHR 86 Links: … Continue reading Papillo v Switzerland: ECHR 27 Jan 2015
The applicants alleged, inter alia, that the conditions of their detention in various correctional facilities in Bulgaria had been or were inhuman and degrading. Mr Neshkov in addition alleged that he had not had effective domestic remedies in that respect. Judges: Ineta Ziemele, P Citations: 36925/10 – Chamber Judgment, [2015] ECHR 77 Links: Bailii Statutes: … Continue reading Neshkov And Others v Bulgaria: ECHR 27 Jan 2015
The applicants allege in particular that the refusal to transcribe their child’s birth certificate in the records of the Italian civil status and remoteness of the minor are incompatible with Article 8 of the Convention. Judges: Isil Karakas, P Citations: 25358/12 – Chamber Judgment, [2015] ECHR 76 Links: Bailii Statutes: European Convention on Human Rights … Continue reading Paradiso And Campanelli v Italy: ECHR 27 Jan 2015
The complainant requested the issue date of a specific version of a document known as the ‘Correspondence Manual’ from the Student Loans Company. This was refused as the SLC believed the request was made as part of an old case which it considered to be closed. When the complainant made it clear this was a … Continue reading Student Loans Company Ltd (Decision Notice) (FS50346909): ICO 28 Mar 2011
Judgment on a preliminary issue in an appeal by DD against the revival of a Terrorism Prevention and Investigation Measure, TPIM. Judges: Ouseley J Citations: [2014] EWHC 3820 (Admin), [2014] WLR(D) 495, [2015] 1 WLR 2217 Links: Bailii, WLRD Jurisdiction: England and Wales Crime Updated: 24 October 2022; Ref: scu.539766
The applicants, relying on Articles 2 and 3 of the Convention, alleged that the forceful and disproportionate intervention of State agents had put their lives in danger and subjected them to ill-treatment, and that the authorities had failed to conduct an effective investigation into the events in question. They further alleged that the events complained … Continue reading Ciorcan And Others v Romania: ECHR 27 Jan 2015
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of Fundamental Rights of the European Union – Right to fair hearing – Right of access to … Continue reading Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012
The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010
Citations: [2011] UKIntelP o42011 Links: Bailii Intellectual Property Updated: 24 October 2022; Ref: scu.458549
Citations: [2011] UKIntelP o37711 Links: Bailii Intellectual Property Updated: 24 October 2022; Ref: scu.458529
Citations: [2011] UKIntelP o39411 Links: Bailii Intellectual Property Updated: 24 October 2022; Ref: scu.458536
Citations: [2011] UKIntelP o36011 Links: Bailii Intellectual Property Updated: 24 October 2022; Ref: scu.458482
Citations: [2011] UKIntelP o34211 Links: Bailii Intellectual Property Updated: 24 October 2022; Ref: scu.458481
The Claimant applied for judicial review of the Defendant’s decision to refuse his application for naturalisation as a British citizen, and subsequently confirmed on review. The reason for refusal was that the Defendant was not satisfied that he met the ‘good character’ requirement for naturalisation because of his conviction for a speeding offence which would … Continue reading Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Each defendant objected to their proposed extradition to the US, saying that if extradited and convicted they would face the possibility of a death sentence or of a life sentence without the possibility of parole, each being incompatible with Article 3. Held: No distinction could be drawn in principle between the assessment of the minimum … Continue reading Harkins and Edwards v The United Kingdom: ECHR 17 Jan 2012
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he … Continue reading Ocalan v Turkey: ECHR 12 May 2005
False Judges: Mitting J Citations: [2014] EWHC 1216 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014 Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana … Continue reading Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Apr 2014
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
Judges: His Honour Judge Stewart QC Citations: [2012] EWHC 2411 (Admin) Links: Bailii Jurisdiction: England and Wales Prisons Updated: 23 October 2022; Ref: scu.463785
Application for judicial review of the decision by the defendant to certify his human rights claim as clearly unfounded Judges: His Honour Judge Pelling QC Citations: [2010] EWHC 2471 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 23 October 2022; Ref: scu.425650
The issue in this application is the way in which the Secretary of State should approach an appeal made under Section 78 of the Town and Country Planning Act 1990 where the local planning authority is of the view there has been no valid planning application. Is he entitled to substitute his own view of … Continue reading Blackmore, Regina (on The Application of) v Parliamentary and Health Service Ombudsman: Admn 18 Dec 2008
Citations: [2011] UKIntelP o06511 Links: Bailii Intellectual Property Updated: 23 October 2022; Ref: scu.458249
VALUE ADDED TAX – whether the appellant or his brother was the correct person to assess for allegedly underdeclared VAT on outputs from a cafe business – found the taxpayer had not shown that his brother and not himself was the owner of the business – whether the assessment was to the assessing officer’s best … Continue reading Salama (T/A Izzy Store) v Revenue and Customs: FTTTx 24 Nov 2011
The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination. Citations: 30141/04, [2010] ECHR 218 Links: Bailii Statutes: European Convention on … Continue reading Schalk and Kopf v Austria: ECHR 16 Feb 2010
VDT VALUE ADDED TAX – import VAT – Simplified Import VAT Accounting (‘SIVA’) – trader authorised to defer payment with nil security – default in accounting for domestic VAT – whether sufficient without more to justify revocation of nil security requirement – criteria to be considered – whether trader representing risk to the revenue – … Continue reading Martin Yaffe International Ltd v Revenue and Customs: VDT 14 Jul 2005
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Refusal or invalidation of registration – Three-dimensional mark – Article 3(1)(e)(ii) and (iii) – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Sign consisting of the shape which gives substantial value to the goods … Continue reading Gomboc (Trade Marks – Judgment): ECJ 23 Apr 2020
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Rules on direct payments to farmers under support schemes – Basic payment scheme – Article 24 (2), first sentence – Concept of ”Eligible hectare available to the farmer’ – Illegal exploitation of the area concerned by a third party – … Continue reading Land Berlin (Rights to payment related to the PAC) (Judgment): ECJ 17 Dec 2020
Citations: [2011] UKIntelP o07111 Links: Bailii Intellectual Property Updated: 23 October 2022; Ref: scu.458208
Citations: [2011] UKIntelP o05211 Links: Bailii Intellectual Property Updated: 23 October 2022; Ref: scu.458179
IPO The application is concerned with a computer-implemented system and method for supply chain planning in which the user is provided with a visual representation of the supply chain network and a high level plan display. These are interactive and the user can switch between them – for example to determine the effect of a … Continue reading I2 Technologies US, Inc (Patent): IPO 7 Dec 2010
IPO Applications for SPCs for 6 different single Humanpapilloma Virus (HPV) L1 protein virus like particles (VLPs) (2 for HPV16, 2 for HPV18, 1 for HPV11 and 1 for HPV6) were filed in addition to one application for a product comprising HPV16 and HPV18 L1 protein VLPs and one application for a product comprising HPV6, … Continue reading University of Queensland Csl Limited (Patent): IPO 24 Sep 2010
Citations: [2010] UKIntelP o24610 Links: Bailii Intellectual Property Updated: 22 October 2022; Ref: scu.458031
Citations: [2010] UKIntelP o20610 Links: Bailii Intellectual Property Updated: 22 October 2022; Ref: scu.457992
The defendant appealed summary judgment in a trade mark infringement case based on parallel imports of ACCU-CHEK blood testing strips for diabetics. The defendant said that the products were ‘CE’ marked and therefore intended for sale within the EU. Held: The function of a CE mark is not directed in any way to the question … Continue reading Roche Products Ltd and Another v Kent Pharmaceuticals Ltd: CA 20 Dec 2006
The court considered the extinguishment of footpaths after provision had been made voluntarily for alternative footpaths. Held: A footpath should not be extinguished until the new footpath had been designated. Such arrangements should not be left contingent on uncertain future events. Judges: Lord Justice Ward, Lord Justice Wall and Lord Justice Richards Citations: [2006] EWCA … Continue reading Hertfordshire County Council v Secretary of State for the Department of Environment Food and Rural Affairs: CA 14 Dec 2006
The court emphasised the limited nature of the IAT’s jurisdiction under the 2002 Act, which is now restricted to considering points of law only: ‘Since the IAT now has jurisdiction to determine only points of law, it cannot put itself in the position of the lower court and decide the whole of the case as … Continue reading Miftari v Secretary of State for the Home Department: CA 18 May 2005
ICO The complainant requested information about an individual’s state of mind at a set time. The Department of Work and Pensions refused the request under section 14(2) (a repeat request) and maintained its position in its internal review. The Commissioner asked the DWP to justify its reliance on section 14(2). It was unable to do … Continue reading Department for Work and Pensions (Decision Notice) 2: ICO 23 Aug 2011
ICO The complainant made a request to Aldergate Medical Practice for the information it held about its treatment of his mother and his associated complaints. The Practice refused to provide some information and claimed it did not hold other information. The case was referred to the Commissioner. During the course of his investigation, the Practice … Continue reading Dr A Meehan (Decision Notice): ICO 23 Aug 2011
IPO An uncontested application was filed by Nokia Corporation. As a result, it was found that Michael Maguire, Jeremy Hewitson, Martin Higham and Simon Hogg should be mentioned as joint inventors in the published patent application and granted patent for the invention along with the currently named inventor, Richard Seward, and directed that an addendum … Continue reading Nokia Corporation, Richard Seward, Michael Maguire, Jeremy Hewitson, Martin Higham and Simon Hogg (Patent): IPO 2 Nov 2009