Abdi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2009

The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police officer and a drugs offence. A number of his offences were committed whilst he was on bail or on licence. It seems that for at least part of the time he had become addicted to crack cocaine. In the circumstances he was, as it seems to me, properly assessed both as posing a high risk of offending and also as posing a high risk of absconding. Further, bail applications in the interim had been refused by immigration judges.’ He sought his release.
Held: Davis J ordered A’s release after having spent 30 months in detention. The Defendant in operating a policy which applied a presumption in favour of detaining foreign national prisoners had acted unlawfully. However, if the Defendant could show, on the balance of probabilities, that the Claimant would in any event have been detained applying Hardial Singh principles, the fact that an unlawful policy was being operated would not make the detention unlawful.
Davis J said: ‘I think that the time has come in this particular case to say that enough is enough here. The relevant legal proceedings are likely to go on for a long time, so far as concerns Mr Abdi, potentially even running into years. It is time now, in my view, that Mr Abdi be released from detention and I so order. Rejecting, as I do, [the] argument that the court should ignore any period of time, whether in the past or hereafter to be spent in detention, whilst Mr Abdi is pursuing his appeal and any other related litigation, I do not think that it can now be said that Mr Abdi will be or is likely to be removed within a reasonable time; and I think that by now a reasonable period of time for detaining him has elapsed.
I am entitled, in reaching that conclusion, to have at least some regard to the already very long period of time he has already spent in detention: that is, the 30 months. As I have said, I have also borne in mind, in deciding this matter, the fact of his ongoing appeals, the risk of absconding and the risk of re-offending. All the same, as to this last point it should at least be borne in mind that the gravity of his criminality is of a lesser order than that in the Court of Appeal case of A . [His Counsel] also told me that not only is Mr Abdi of course now older but also he has, in the light of his long detention, broken himself of his drug addiction.’

Judges:

Davis J

Citations:

[2009] EWHC 1324 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Rostami, Regina (on the Application of) v Secretary of State for the Home Department QBD 7-Aug-2009
The claimant had been detained for nearly three years while his application for asylum was determined. He sought judicial review, saying that the detention was unlawful. Whilst in detention he had self harmed and said: ‘I will stay in detention for . .
Cited – MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department CA 31-Mar-2010
The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to . .
Cited – MH, Regina (on The Application of) v Secretary of State for The Home Department CA 14-Oct-2010
The claimant complained that his administrative detention for over 40 months had been unlawful. He now appealed against a finding that it had been lawful save for the final two months.
Held: The appeal failed. The period of time for which he . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.347069

Headway Plc v Eastearly Ltd: CA 23 Jul 2009

issue as to the correct basis upon which the trustee of a company’s staff pension scheme, which is being wound up, can seek the debt due from the company under section 75 of the Pensions Act 1995, to make good the deficiency in the scheme.

Citations:

[2009] EWCA Civ 793, [2009] Pens LR 279, [2010] ICR 153

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services

Updated: 20 December 2022; Ref: scu.361449

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges:

Sedley, Longmore, Maurice Kay LJJ

Citations:

[2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251

Links:

Bailii

Statutes:

European Convention on Human Rights 2 3, Directive 2004/83/EC

Jurisdiction:

England and Wales

Citing:

Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009
Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real . .

Cited by:

Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European

Updated: 20 December 2022; Ref: scu.347161

B v S: CA 14 May 2009

A mother appealed against an order for her imprisonment for contempt in refusing to obey an order to make a child available for contact. The prison would be unable to accept her other child, a baby at short notice, and application was on the basis of that child’s human right to be with his mother.
Held: The appeal was allowed, and a further hearing date set.

Judges:

Lord Justice Wilson

Citations:

[2009] EWCA Civ 548, [2009] Fam Law 1028, [2009] 2 FLR 1005

Links:

Bailii

Jurisdiction:

England and Wales

Contempt of Court, Children

Updated: 20 December 2022; Ref: scu.347210

Re OT (A Child): CA 14 May 2009

Parents sought leave to challenge a decision made on the request of their child’s doctors to discontinue treatment to avoid a more painful but inevitable death. The parents alleged a defect in the procedure applied by the hospital.
Held: Permission to appeal was refused. The child’s death was inevitable. The hospital sought advice from third party doctors which confirmed their advice. ‘The facts (so we considered) were clear; the medical opinion was unambiguous; and, although one could not reasonably expect the parents to be able to bring objective opinion to bear upon so dreadful a situation, the only proper programme for OT in his interests was, as his own independent, professional representative contended, entirely obvious. Our view was that any accession by the trial judge to Mr Bowen’s application for an adjournment, whether on 6 March or on 19 March 2009 or, insofar as it could be said actually then to have been made, on any of the intervening days, would, in the light of OT’s condition, itself have been appealable. What plainly was not appealable was the judge’s decision to proceed forthwith, to conduct a full-scale, intensive, efficient yet unhurried determination, calibrated with an urgency commensurate with his generally deteriorating condition, of the most painful and profound issue imaginable, namely in effect whether OT should pass on immediately, or a little later following (so the judge found after an elaborate net reckoning of all relevant factors) profound further pain and misery.’

Judges:

Lord Justice Wilson

Citations:

[2009] EWCA Civ 409

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Glass v The United Kingdom ECHR 9-Mar-2004
The applicant’s adult son was disabled. There was a disagreement with the hospital about his care. The hospital considered that to alleviate his distress, he should not be resuscitated. The family wanted to take him home, fearing euthanasia. The . .
Cited – Wyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
Lists of cited by and citing cases may be incomplete.

Health, Children

Updated: 20 December 2022; Ref: scu.343893

Webb v Rhodes: 2 May 1837

Lessor and lessee, in the presence of lessor’s attorney, signed an agreement that a lease should be prepared by lessor’s attorney, and paid for by lessee. The lease was prepared accordingly, but lessor, who had only a life estate, dying, the lease was never executed :-Held, that lessor’s attorney was entitled to recover of lessee the charge for drawing the lease.

Citations:

[1837] EngR 690, (1837) 3 Bing NC 731, (1837) 132 ER 593

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.313807

Carroll v Director of Public Prosecutions: Admn 4 Mar 2009

The defendant appealed against his conviction for being drunk and disorderly. He had been drinking and ran at a car, rolling over the bonnet. He said it was a mere act of bravado before his friends.

Judges:

Goldring LJ, Sweeney J

Citations:

[2009] EWHC 554 (Admin), (2009) 173 JP 285

Links:

Bailii

Statutes:

Criminal Justice Act 1967 91(1)

Jurisdiction:

England and Wales

Crime

Updated: 20 December 2022; Ref: scu.346913

RHH Renneberg v Staatssecretaris van Financien (Free Movement Of Persons): ECJ 16 Oct 2008

Europa Freedom of movement for workers Article 39 EC Tax legislation Income tax Determination of the basis of assessment National of a Member State receiving all or almost all of his income in that State Residence in a different Member State.

Citations:

C-527/06, [2008] EUECJ C-527/06

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.277098

Sir Lawrence Vaughan Palk, Baronet v Shinner: 25 May 1852

Under stat. 2 and 3 W. 4, c. 71, sa, 7, 8, the time during which the servient tenement has been under lease for a term exceeding three years is to be excluded from the computation of a forty years’ enjoyment, but not from the computation of an enjoyment for twenty years.

Citations:

[1852] EngR 612, (1852) 18 QB 568, (1852) 118 ER 215

Links:

Commonlii

Jurisdiction:

England and Wales

Land, Limitation

Updated: 20 December 2022; Ref: scu.295735

Commission v Freistaat Sachsen (State Aid): ECJ 11 Dec 2008

Europa Appeal State aid Proposed scheme for aid to small and medium-sized enterprises – Compatibility with the common market – Criteria for assessing State aid – Application ratione temporis – Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 – Decision subsequent to entry into force thereof Legitimate expectations – Legal certainty – Complete notification.

Citations:

C-334/07, [2008] EUECJ C-334/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.278684

Mayall And Others v Mitford And Others: 2 May 1837

Action against insurers, on a fire insurance policy upon the machinery of cotton mills, containing a warranty that the mills should be worked by day only. Plea, that a steam engine and horizontal shafts, being parts of the mills, were without defendants’ consent worked by night, and not by day only. Held bad, on motion for judgment non obstante veredicto, as not shewing a breach of the warranty.

Citations:

[1837] EngR 687, (1837) 6 Ad and E 370, (1837) 112 ER 258

Links:

Commonlii

Jurisdiction:

England and Wales

Insurance

Updated: 20 December 2022; Ref: scu.313804

Saxon v George Castle, The Elder, George Castle, The Younger, And Browne, Gent, One, and Co: 1 May 1837

Plaintiff gave defendants a warrant of attorney to enter up judgment if certain costs should be unpaid within four days after the Master should have taxed the same. Defendants procured a taxation ex parte ; and, by an incorrect representation to the Master, obtained from him an allocatur for more costs than they were entitled to. By order of a Judge, on summons, a new taxation was directed, pending which the defendants arrested the plaintiff. Afterwards the new taxation was had, and the costs were reduced. Plaintiff declared in case for a wrongful arrest, and defendants pleaded that the costs had been taxed and a sum found due, for which they arrested. Held, 1. That plaintiff might properly sue in case for a malicious arrest, and was not bound to declare for a deceitful representation to the Master. 2. That the plea was not supported, there having been, in effect, no taxation when the defendants arrested : and that the plaintiff was not bound to reply the facts which rendered the first taxation invalid. But 3. That judgment must be arrested, because the declaration (which set out the facts of the case} alleged only that the defendants had ‘ wrongfully and injuriously’ delivered the writ to the sheriff, not adding maliciously.’

Citations:

[1837] EngR 682, (1837) 6 Ad and E 652, (1837) 112 ER 251

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other

Updated: 20 December 2022; Ref: scu.313799

Underwood v Jee, Smith v Jee: 27 Mar 1849

Two creditors’ bills were filed, The first alleged that the Defendant (who was the debtor’s widow and personal representative) had carried on the debtor s trade since his decease, and prayed for an account of the profits: the second prayed merely for the common relief. The Court held that there was an important difference in favour of the first suit, and refused to stay the proceedings in it, notwithstanding a decree had been obtained in the second.

Citations:

[1849] EngR 428, (1849) 17 Sim 119, (1849) 60 ER 1073

Links:

Commonlii

Jurisdiction:

England and Wales

Insolvency, Litigation Practice

Updated: 20 December 2022; Ref: scu.298733

Tolson v Watson: 6 May 1837

In formedon the tenant having demanded a view after a general imparlance, the demandant issued a writ of petit cape. Held, irregular.

Citations:

[1837] EngR 722, (1837) 3 Bing NC 770, (1837) 132 ER 607 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Land

Updated: 20 December 2022; Ref: scu.313839

Overton v Swettenham And Another: 8 May 1837

Upon a writ of false judgment from a county court, the sheriff’s return of his proceedings appearing to be no more than minutes, and not full entries of the pleadings, the Court made absolute a rule calling on the sheriff to complete the entries, or to state what was understood by them.

Citations:

[1837] EngR 726, (1837) 3 Bing NC 786, (1837) 132 ER 613

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 December 2022; Ref: scu.313843

Bird and Another v Revenue and Customs: SCIT 3 Nov 2008

SCIT INCOME TAX – Settlement – Company owned by husband and wife – Allotment of shares in company to their minor children on subscription at par – Payment of dividends to children – Whether settlement by virtue or in consequence of which dividends were paid within meaning of Income and Corporation Taxes Act 1988 ss. 660A(1) and 660G(1) – Yes – Appeal dismissed.
ASSESSMENT – Extended time limits – Negligent conduct – Husband and wife owned all shares in company – Husband and wife allowed minor children to subscribe for shares at par – Dividends paid to daughters – Whether husband and wife were negligent in omitting daughters’ dividends as dividend income of husband and wife in their tax returns – No.

Citations:

[2008] UKSPC SPC00720

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 20 December 2022; Ref: scu.278757

Allen and others v GMB: CA 16 Jul 2008

The claimants were members of the defendant trades union which settled their claims for sex discrimination against local authorities. They said that the union had entered into a settlement which still discriminated against them, and that therefore the union was itself guilty of indirect sex discrimination.
Held: The claimants’ appeal succeeded, and the matter was remitted to the tribunal. The union had given preference in its settlement to those in need of pay protection and to achieving equality in the future. It had failed to address properly the need to maximise the claimants’ proper interests in claiming arrears of pay. Some received only 25% of what they should have received and many received nothing. The tribunal found the union to have mis-sold the decision to its members and to have tried to manipulate them. That was not justified in an attempt to achieve its other and proper aims.

Judges:

Lord Justice Tuckey, Lady Justice Smith and Lord Justice Maurice Kay

Citations:

[2008] EWCA Civ 810, Times 01-Sep-2008, [2008] IRLR 690, [2008] ICR 1407

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 1(2)(b) 12(3), Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (SI 2001 No 2660)

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 20 December 2022; Ref: scu.270835

Teixeira v London Borough of Lambeth: CA 10 Oct 2008

The court considered the right of residence in this country of an EEA national who is not a worker but who has a child who is in education here is in issue.

Judges:

Mummery LJ, Jacob LJ, Stanley Burnton LJ

Citations:

[2008] EWCA Civ 1088, [2009] HLR 9, [2009] Eu LR 253

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, European, Housing

Updated: 20 December 2022; Ref: scu.276805

Johns v Solent SD Ltd: CA 12 Jun 2008

The court considered whether it was proper to issue a stay of proceedings to await a judgement in the EJ on a related issue.

Citations:

[2008] EWCA Civ 790, [2008] IRLR 820

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Johns v Solent SD Ltd EAT 30-Oct-2007
EAT Practice and Procedure: Postponement or stay
Age Discrimination
Stay of proceedings where age discrimination is alleged. There is no basis for a valid claim in current UK law, but a case (Heyday) . .

Cited by:

Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 20 December 2022; Ref: scu.270809

ZJ (Afghanistan) v Secretary of State for the Home Department: CA 10 Jun 2008

The appellant sought asylum on the basis that he had a well-founded fear of persecution on the grounds that he was at risk of serious harm if he were to be returned to Afghanistan because his father was a well-known commander of the Taliban and also involved in the Islamic movement.

Citations:

[2008] EWCA Civ 799

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 20 December 2022; Ref: scu.270701

Galvano Enterprises Ltd v Orionvink Bv: CANI 20 Oct 1999

Appeal by way of case stated against a decision of the Lands Tribunal for Northern Ireland sitting as arbitrator. The issue is the correct interpretation of a rent review clause in a lease of commercial premises and the assumptions which an arbitrator should make in fixing the rent to be payable by the tenant following the review.

Citations:

[1999] NICA 11

Links:

Bailii

Jurisdiction:

Northern Ireland

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.263912

Northern Ireland Certification Officer for Trade Unions and Employers Associations v Cunningham and others: CANI 10 Jan 2008

Question as to the proper interpretation and effect of provisions of the Industrial Relations (Northern Ireland) Order 1992 (‘the 1992 Order’). The two questions posed by the deputy resident magistrate are as follows: ‘(1) Was I correct in holding, on the facts admitted, proved and found by me, that the Northern Ireland Hotels federation was not at any relevant time an employers association within the meaning of the 1992 Order? (2) Was I correct in holding that none of the Respondents had any duty to comply with the provisions of Article 12B(3) or (4) of the 1992 Order?’

Citations:

[2008] NICA 2

Links:

Bailii

Jurisdiction:

Northern Ireland

Employment

Updated: 20 December 2022; Ref: scu.263908

United Dominions Trust Ltd v Kirkwood: QBD 1965

For a company to be taken to carry on the business of banking money it must be able to show that it took money on current accounts.

Judges:

Mocatta J

Citations:

[1966] 1 QB 783, [1965] 3 WLR 817, [1965] 2 All ER 992

Jurisdiction:

England and Wales

Cited by:

Affirmed on appeal from – United Dominions Trust Ltd v Kirkwood CA 24-Feb-1966
The defendant was MD of a company which borrowed from the plaintiff. The company drew five bills as security, and the defendant endorsed them. When the company failed, the plaintiff gave notice of dishonour and sued the defendant as indorsee. The . .
Lists of cited by and citing cases may be incomplete.

Banking

Updated: 20 December 2022; Ref: scu.260041

Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918

The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; it was a charter to run from the date when the vessel was delivered, but it embodied a clause providing for an earliest date of delivery and a cancellation date. The defendants then contracted to sell the ship conditionally upon it being released by the government. That happened and the ship was sold.
Held: The application of the doctrine of frustration was not excluded by the contractual term. The requisition and taking of the possession of the steamer was sufficient to destroy Even though an express term may deal with the cancellation of the contract for non-delivery, and also for a cancellation for requisition, such a term here did not prevent the owners from arguing that the contract had been frustrated.
Lord Sumner discussed the doctrine of frustration: ‘One matter I mention only to get rid of it. When the shipowners were first applied to by the Admiralty for a ship they named three, of which the Quito was one, and intimated that she was the one they preferred to give up. I think it is now well settled that the principle of frustration of an adventure assumes that the frustration arises without blame or fault on either side. Reliance cannot be placed on a -self-induced frustration; indeed, such conduct might give the other party the option to treat the contract as repudiated. Nothing, however, was made of this in the courts below, and I will not now pursue it.’
and that a contract: ‘ought not to be left in suspense or to hang on the chances of subsequent events.’
Lord Wrenbury said: ‘The owners agreed to let and the charterers to hire the steamer for 12 months, to commence at a date not fixed so far as Article 1 is concerned, except that it was to be the date when she was placed at the disposal of the charterers at a coal port as ordered by them. The effect of Article 26 is that that date may be any date not before April 1 subject to the right of the charterers to refuse her and to cancel the charter if she is tendered after April 30. During a reasonable time the owners owed to the charterers the contractual duty of tendering the vessel. If they were for reasons beyond their control unable to tender her within a reasonable time their contractual duty in that respect would cease.’

Judges:

Lord Sumner, Lord Finlay LC, Haldane V, Shaw of Dunfermline L, Wrenbury L

Citations:

[1918] UKHL 1, [1919] AC 435, 35 TLR 150

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Maritime National Fish Ltd v Ocean Trawlers Ltd PC 12-Apr-1935
(Nova Scotia En Banco) The parties contracted for a charter of a fishing ship. It then became unlawful for a ship to use otter trawl, the only equipment available to the ship, without a licence, but the number of licences was restricted and did not . .
Cited – Maritime National Fish Ltd v Ocean Trawlers Ltd PC 12-Apr-1935
(Nova Scotia En Banco) The parties contracted for a charter of a fishing ship. It then became unlawful for a ship to use otter trawl, the only equipment available to the ship, without a licence, but the number of licences was restricted and did not . .
Cited – James B Fraser and Co Ltd v Denny, Mott and Dickson Ltd HL 19-May-1944
The House was asked whether a contract, entered into before the war, has been brought to a premature conclusion by war regulations which render illegal, and therefore prevent, the due performance of some of the obligations or the due enjoyment of . .
Cited – Bunge Sa v Kyla Shipping Company Ltd ComC 10-Dec-2012
. .
Cited – James Scott and Sons, Ltd v R and N Del Sel and Another SCS 22-Jun-1922
Frustration of Contract – Arbitration – Contract to Ship Jute – Order in Council Prohibiting Export of Jute – Suspension or Termination of Contract – Application of Arbitration Clause. . .
Cited – Wong Lai Ying and Others v Chinachem Investment Co Ltd PC 27-Nov-1979
(Hong Kong) . .
Cited – Davis Contractors Ltd v Fareham Urban District Council HL 19-Apr-1956
Effect of Contract Frustration
The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war.
Held: The court considered how the frustration of the performance of a contract . .
Cited – Lauritzen A/A v Wijsmuller BV;( ‘The Super Servant Two’) CA 12-Oct-1989
Bingham LJ discussed the nature of frustration of contract: ‘The essence of frustration is that it is caused by some unforeseen supervening event over which the parties to the contract have no control and for which they are therefore not . .
Cited – Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust QBD 5-Feb-2014
The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport

Updated: 20 December 2022; Ref: scu.265985

Lever (Finance) Ltd v City of Westminster: CA 22 Jul 1970

The appellant developers had obtained detailed planning approval for fourteen houses, but after adjustments for a building line, moving several properties distances of several feet toward other properties, further plans were submitted without identifying the changes. The changes were discussed, and an approval noted by the developer’s architect. The development proceeded. A neighbour objected, and the officer recommended an application for approval of the amendment. The planning committee refused approval.
Held: The developer succeeded.
Lord Denning MR said that the case ‘should be decided on the practice proved in evidence. It was within the ostensible authority of Mr. Carpenter to tell Mr. Rottenberg that the variation was not material. Seeing that the developers acted on it by building the house, I do not think the Council can throw over what has been done by their officer, Mr Carpenter.’

Judges:

Lord Denning MR, Sachs, Megaw LJJ

Citations:

[1970] EWCA Civ 3, [1971] 1 QB 222, (1970) 21 P and CR 778, 68 LGR 757, [1970] 3 WLR 732, [1970] 3 All ER 496

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Southend-on-Sea Corporation v Hodgson (Wickford) Ltd QBD 1961
The Corporation had, by its engineer, said that its permission for the use of land as a builder’s yard was not in fact and law required. It was mistaken in this view.
Held: What the engineer had said could not create an estoppel preventing the . .
Cited – Royal British Bank v Turquand CEC 1856
The plaintiff sought payment from the defendants, a joint stock Company, on a bond, signed by two directors, under the seal of the Company whereby the Company acknowledged themselves to be bound to the plaintiff in pounds 2,000. The company said . .
Cited – Wells v Minister of Housing and Local Government CA 1967
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was . .

Cited by:

Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 20 December 2022; Ref: scu.262773

Thomas Marshall (Exports) Ltd v Guinle: ChD 1979

The managing director defendant had resigned before the end of the contractual term. There was an express covenant in his contract against using or disclosing the company’s confidential information during or after his employment. It was submitted that this was a repudiation which brought the contract to an end and with it any obligation to observe the restrictive covenants.
Held: Sir Robert Megarry VC considered the power of a court to prevent a wrongdoer from benefiting from his wrong: ‘Above all, I think the courts must be astute to prevent a wrongdoer from profiting too greatly from his wrong. If without just cause a servant who has contracted to serve for a term of years refuses to do so, it is easy to see that the court is powerless to make him do what he has contracted to do: neither by decreeing specific performance nor by granting an injunction can the court make the servant perform loyally what he is refusing to do, however wrongfully . . But why should the court’s inability to make a servant work for his employer mean that as soon as the servant refuses to do so the court is forthwith disabled from restraining him from committing any breach, however flagrant, of his other obligations during the period of his contract? I would wholly reject the doctrine of automatic determination, whether in its wide form or in its narrowed version.’
As to whether information was confidential, Sir Robert Megarry VC said: ‘If one turns from the authorities and looks at the matter as a question of principle, I think (and I say this very tentatively, because the principle has not been argued out) that four elements may be discerned which may be of some assistance in identifying confidential information or trade secrets which the court will protect. I speak of such information or secrets only in an industrial or trade setting. First, I think that the information must be information the release of which the owner believes would be injurious to him or of advantage to his rivals or others. Second, I think the owner must believe that the information is confidential or secret, i.e., that it is not already in the public domain. It may be that some or all of his rivals already have the information: but as long as the owner believes it to be confidential I think he is entitled to try and protect it. Third, I think that the owner’s belief under the two previous heads must be reasonable. Fourth, I think that the information must be judged in the light of the usage and practices of the particular industry or trade concerned. It may be that information which does not satisfy all these requirements may be entitled to protection as confidential information or trade secrets: but I think that any information which does satisfy them must be of a type which is entitled to protection.’

Judges:

Sir Robert Megarry VC

Citations:

[1979] Ch 227, [1978] 3 All ER 193, [1978] ICR 950, [1978] 3 WLR 116

Jurisdiction:

England and Wales

Cited by:

Cited – SG and R Valuation Service Co v Boudrais and others QBD 12-May-2008
The claimant sought to require the defendants not to work during their notice period to achieve the equivalent of garden leave despite there being no provision for garden leave in the contracts. It was said that the defendants had conspired together . .
Cited – Societe Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
Cited – Gunton v Richmond-upon-Thames London Borough Council CA 1980
The plaintiff college registrar had been the subject of disciplinary proceedings, but the defendant had not followed the contractual procedure. The judge had ordered an inquiry as to damages on the basis that the Plaintiff was entitled to remain in . .
Cited – Lancashire Fires Ltd v S A Lyons and Co Ltd CA 1996
It was claimed that a loan to the employee from a customer of the employer coupled with an exclusive supply agreement by the employee as and when the competing business becomes operative was in breach of an non-compete clause.
Held: The . .
Cited – Faccenda Chicken Ltd v Fowler CA 1986
Nature of Confidentiality in Information
The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Contract, Intellectual Property

Updated: 20 December 2022; Ref: scu.270349

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was an officer from the same borough as the juror whose status as a police officer was only discovered after trial. In Williamson, the juror had served with the Crown Prosecution service for many years.
Held: Actual bias is always hard to prove, and was not alleged here, but the appearance of bias was also generally unacceptable. Parliament having decided that peope involved in the criminal processes should be jurors, the courts should accept that so far as was consistent with the duty to ensure a fair trial. The cases involving the police officer victim, and the CPS solicitor were remitted for the convictions to be quashed.
Lord Bingham allowed two of the appeals saying: ‘the safeguards established to protect the impartiality of the jury, when properly operated, do all that can reasonably be done to neutralise the ordinary prejudices and predilections to which we are all prone. But this does not meet the central thrust of the case . . that these cases do not involve the ordinary prejudices and predilections to which we are all prone but the possibility of bias (possibly unconscious) which, as he submits, inevitably flows from the presence on a jury of persons professionally committed to one side only of an adversarial trial process.’ Baroness Hale agreed.
Lord Rodger dismissed the appeals: ‘The reality therefore is that the jury system operates, not because those who serve are free from prejudice, but despite the fact that many of them will harbour prejudices of various kinds when they enter the jury box.’ Lord Carswell agreed.
Lord Mance said, agreeing with Lord Bingham and Baroness Hale: ‘the fair-minded and informed observer is him or herself in large measure the construct of the court. Individual members of the public, all of whom might claim this description, have widely differing characteristics, experience, attitudes and beliefs which could shape their answers on issues such as those before the court, without their being easily cast as unreasonable. The differences of view in the present case illustrate the difficulties of attributing to the fair-minded and informed observer the appropriate balance between on the one hand complacency and naivety and on the other cynicism and suspicion. ‘

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Mance

Citations:

[2007] UKHL 37, Times 08-Nov-2007, [2007] 1 WLR 2679, [2008] 1 Cr App R 21, [2008] Crim LR 134, [2008] 1 All ER 315, (2007) 151 SJLB 1365

Links:

Bailii

Statutes:

Criminal Justice Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Abdroikov and Others CACD 28-Jul-2005
The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically . .
Cited – Regina v Barnsley Licensing Justices, Ex parte Barnsley and District Licensed Victuallers’ Association 1960
Even though a person may in good faith believe that he was acting impartially, his mind may unconsciously be affected by a bias. Devlin LJ said: ‘Bias is or may be an unconscious thing and a man may honestly say that he was not actually biased and . .
Cited – Metropolitan Properties Company (FGC) Limited v Lannon 11-Jul-1968
Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Delcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
Cited – Hauschildt v Denmark ECHR 24-May-1989
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; . .
Cited – Pullar v The United Kingdom ECHR 10-Jun-1996
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – Rex v Sussex Justices, Ex parte McCarthy KBD 9-Nov-1923
Clerk wrongly retired with Justices
There had been a prosecution before the lay magistrates for dangerous driving. Unknown to the defendant and his solicitors, the Clerk to the Justices was a member of the firm of solicitors acting in a civil claim against the defendant arising out of . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Pintori, Regina v CACD 13-Jul-2007
The defendant appealed his conviction for possession of class A drugs, saying that the drugs found had belonged to somebody who had stayed at his flat whilst he had been away. One of the jurors later told a police officer that she had known through . .
Cited – Regina v Hayter HL 3-Feb-2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
Appeal from – Regina v Abdroikov and Others CACD 28-Jul-2005
The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically . .

Cited by:

Cited – Regina v Khan and Hanif CACD 14-Mar-2008
Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police . .
Cited – Rule 3, Application- Only v North Glamorgan NHS Trust EAT 12-Mar-2008
EAT Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Bias
There is no practical utility in hearing interim appeals against pre-hearing orders and bias when the EAT has already . .
Cited – Yemoh and Others v Regina CACD 22-May-2009
The defendants appealed saying that the judge had failed to disclose that a jury member was a serving police officer, and also complained of the judge’s directions on the ‘fundamentally different’ test applicable to cases of murder and manslaughter. . .
Cited – Tibbetts v The Attorney General of The Cayman Islands PC 24-Mar-2010
(Cayman Islands) The defendant appealed against his conviction for money laundering, alleging apparent bias in a juror who was said to have been acquainted with one witness.
Held: The appeal failed. The juror had correctly replied to the . .
Cited – Regina v Burdett and Another CACD 12-Feb-2009
The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people . .
Cited – Kaur, Regina (on The Application of) v Institute of Legal Executives Appeal Tribunal and Another CA 19-Oct-2011
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
Explained – Regina v LL CACD 2011
It came to light that at the trial of the appellant that one juror was a current employee of the Crown Prosecution Service (CPS) in general administrative duties, another was a serving police officer in an administrative and non-operational role, . .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 20 December 2022; Ref: scu.259908

Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 2 May 2008

The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission was granted for the review to be heard.

Judges:

Owen J

Citations:

[2008] EWHC 936 (Admin)

Links:

Bailii

Statutes:

Political Parties, Elections and Referendums Act 2000 101

Jurisdiction:

England and Wales

Citing:

Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – McWhirter and Gouriet, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 5-Mar-2003
Application for leave to appeal against refusal of judicial review of decision to allow ratification of the Treaty of Nice.
Held: Refused. The application concerned matters which were not justiciable. Laws LJ accepted the submission of the . .
Cited – Regina on the Application of Southall and Another v Secretary of State for Foreign and Commonwealth Affairs CA 14-Jul-2003
The claimant sought a declaration that the Treaty of Nice should not be ratified unless and until the consent of the people had been sought in a referendum. Silber J had refused permission to apply for judicial review.
Held: The appeal was . .
Cited – Regina v Her Majesty’s Treasury, Ex parte Smedley CA 19-Dec-1984
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd 1989
The taxpayer complained of a change in Inland Revenue practice which, it said, went against a legitimate expectation created by the scheme.
Held: Judge J said: ‘There is a detailed procedure for resolving disputes between the Inland Revenue . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .

Cited by:

See Also – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, European, Constitutional

Updated: 20 December 2022; Ref: scu.267416

Howell and others v Lees Millais and others: CA 4 Jul 2007

Appeal against refusal of judge to recuse himself after acrimonuious correspondence between judge and other members of the claimant’s solicitors firm who now asserted apparent bias.

Judges:

Sir Anthony Clarke MR

Citations:

[2007] EWCA Civ 720

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ameyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Natural Justice

Updated: 20 December 2022; Ref: scu.254542

Regina v Khan and Hanif: CACD 14 Mar 2008

Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police or prison officer or worked with the CPS. The presence of such a person on a jury would not lead to an automatic assumption of the appearance of unfairness, but this would vary according to the case. A case involving the challenging of evidence given by police officers might require a different approach, but not where an officer had been involved in similar cases.

Judges:

Lord Phillips of Worth Matravers, Lord Chief Justice, Sir Igor Judge, President, and Mr Justice Silber

Citations:

Times 09-May-2008, [2008] EWCA Crim 531, [2008] 2 Cr App R 13, [2008] 2 Cr App R 161, [2008] 3 All ER 502, [2008] Crim LR 641

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Sussex Justices, Ex parte McCarthy KBD 9-Nov-1923
Clerk wrongly retired with Justices
There had been a prosecution before the lay magistrates for dangerous driving. Unknown to the defendant and his solicitors, the Clerk to the Justices was a member of the firm of solicitors acting in a civil claim against the defendant arising out of . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Gregory v The United Kingdom ECHR 25-Feb-1997
gregory_ukECHR1997
A judge’s direction to the jury to disregard any question of racial bias was sufficient to ensure a fair trial for the defendant. In discussing the protection of the secrecy of jury deliberations: ‘The court acknowledges that the rule governing the . .
Cited – Regina v Dundon CMAC 18-Mar-2004
The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial.
Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .

Cited by:

Cited – Yemoh and Others v Regina CACD 22-May-2009
The defendants appealed saying that the judge had failed to disclose that a jury member was a serving police officer, and also complained of the judge’s directions on the ‘fundamentally different’ test applicable to cases of murder and manslaughter. . .
Cited – Tibbetts v The Attorney General of The Cayman Islands PC 24-Mar-2010
(Cayman Islands) The defendant appealed against his conviction for money laundering, alleging apparent bias in a juror who was said to have been acquainted with one witness.
Held: The appeal failed. The juror had correctly replied to the . .
Cited – Regina v Burdett and Another CACD 12-Feb-2009
The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 20 December 2022; Ref: scu.266179

Brown (Formerly Bajinya) v HMP Belmarsh: Admn 13 Mar 2007

The prisoner complained at the extension of his detention pending proceedings for extradition to Rwanda, as authorised by the Secretary of State.
Held: The Home Secretary had certified that special arrangements existed as required under section 194, and he therefore had had power to state also that the period required for delivery of an extradition request, and the associated detention, was extended from 45 to 95 days.

Judges:

Latham LJ, Lloyd Jones J

Citations:

[2007] EWHC 498 (Admin), Times 15-May-2007, [2007] QB 838, [2007] 2 All ER 633, [2007] 2 WLR 1184

Links:

Bailii

Statutes:

Extradition Act 2003 194(4)(b)

Jurisdiction:

England and Wales

Extradition

Updated: 20 December 2022; Ref: scu.250309

Re B and A and C and D (Contact and Parental Responsibility: Lesbian Mothers and Known Father) No 2: FD 12 Jan 2006

In deciding whether or not to make a parental responsibility order in favour of the child’s father Black J said: – ‘Perhaps most importantly of all, I am considerably influenced by the reality that Mr B is D’s father. Whatever new designs human beings have for the structure of their families, that aspect of nature cannot be overcome. It is to be hoped that as society accepts alternative arrangements more readily, as it seems likely will happen over the next few years, the impulse to hide or to marginalise a child’s father so as not to call attention to an anomalous family will decline, although accommodating the emotional consequences of untraditional fatherhood and motherhood and of the sort of de facto, non-biological parenthood that is experienced by a step-parent or same sex partner will inevitably remain discomfiting.’

Judges:

Black J

Citations:

[2006] EWHC 2 (Fam), [2006] 1 FCR 556

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – CG v CW and Another (Children) CA 6-Apr-2006
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to . .
Cited – In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 20 December 2022; Ref: scu.239289

Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007

Judges:

Forbes J

Citations:

[2007] EWHC 514 (Admin)

Links:

Bailii

Statutes:

Children (Leaving Care) Act 2000

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003
Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them.
Held: Under the 2000 Act a duty . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 20 December 2022; Ref: scu.250044

Regina v Mayor, Commonalty and Citizens of the City of London, ex parte Matson: CA 18 Aug 1995

The court considered the need to give reasons for the election of Aldermen.

Judges:

Neill LJ, Waite LJ, Swinton Thomas LJ

Citations:

(1996) 8 Admin LR 49, [1997] 1 WLR 765, [1996] COD 161, 94 LGR 443

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Cited by:

Cited – Regina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 20 December 2022; Ref: scu.249851

Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves.

Judges:

Lord Justice Keene Lord Justice May Lord Justice Wall

Citations:

Times 07-Jun-2006, [2006] EWCA Civ 484

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Home Department Ex Parte Vitale CA 26-Jan-1996
The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom.
Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken . .
Cited – Ulrich Hofmann v Barmer Ersatzkasse ECJ 12-Jul-1984
Europa Directive 76/207 is not designed to settle questions concerning the organization of the family, or to alter the division of responsability between parents.
By reserving to member states the right to . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Webb v EMO Air Cargo ECJ 14-Jul-1994
Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would . .
Cited – Baumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – De Hoop ECJ 1998
(year?) The pursuit of education is an activity within the scope of the Treaty, with the result that Article 18 rights of residence apply when a citizen of the European Union is seeking to engage in it. . .
Cited – Mauthoor v THF Delap and Associates Limited CA 2-Oct-1995
The parties agreed for the transfer of shares. The payment cheque was not honoured. The appellant first claimed an absence of consideration, then sought to amend her defence to say that she had acted under economic duress. Threats had been made as . .
Cited – Regina v Immigration Appeal Tribunal, ex parte Antonissen ECJ 26-Feb-1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the . .
Cited – Belgian State v Rene Humbel And Marie-Therese Edel (Social Policy) ECJ 27-Sep-1988
So far as a right of residence in order to receive services, so far as a student is concerned the relevant services are limited to those provided for remuneration.
Europa A year of study which is part of a . .
Cited – DM Levin v Staatssecretaris Van Justitie ECJ 23-Mar-1982
ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 20 December 2022; Ref: scu.241440

Kirkwood v Johnson: CA 1979

Judges:

Ormrod LJ, Geoffrey Lane LJ

Citations:

(1979) P and CR 392

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Cited by:

Cited – Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others CA 28-Aug-2002
Renewed application for leave to appeal against grant of an order that tenancy of car parking spaces be extended under the 1954 Act when enjoyed with occupation of public house.
Held: The appeal was arguable and should proceed. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.242686