(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, religious instruction or as an expression of allegiance, was held not to contravene Article 19. Though … Continue reading Lautsi v Italy: ECHR 18 Mar 2011
(Admissibility) Legislation which is retroactive is not necessarily incompatible with A1P1, retrospective legislation is not as such prohibited by A1P1. Judges: Sis Nicolas Bratza Citations: (2003) 37 EHRR CD 210, [2003] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights A1P1 Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening … Continue reading MA and Others v Finland: ECHR 10 Jun 2003
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to … Continue reading Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
ECFI Community trade mark – Invalidity proceedings – Community figurative mark representing elephants in a rectangle – Earlier international and national figurative marks representing an elephant and earlier national word mark elefanten – Relative ground of refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – … Continue reading Dosenbach-Ochsner v OHMI – Sisma (Representation D’Elephants Dans Un Rectangle): ECFI 7 Feb 2012
The defendant had intervened in a solicitors’ firm insured by the claimants. The claimants sought access to files and accounting records so that it could defend insurance claims. The defendant denied access to files other than those on which claims had been made. Held: The claim failed. The claimant put two arguments.Q said they were … Continue reading Quinn Direct Insurance Ltd v The Law Society of England and Wales: ChD 23 Oct 2009
The CPS appealed aganst a decision on a charge under the railway byelaws, that the charge be dismissed, the prosecution not having formally proved in accordance with any applicable statutory provision. The byelaws had in fact been properly introduced, but the 2000 Act had been repealed and replaced by the 2005 Act. The certificate provided … Continue reading Crown Prosecution Service v Inegbu: Admn 26 Nov 2008
The Act restricted the extent to which payment made for the hire of vehicles exceeding certain values could be deducted from profits when calculating tax. Autolease hired cars and then relet them to the public. On the sale of the company the question arose as to whether that restriction might apply only to those cars … Continue reading Lloyds UDT Finance Limited v Chartered Finance Trust Holdings Plc and others: ChD 22 Nov 2001
Can a person who would otherwise be a ‘person subject to immigration control’ under Immigration and Asylum Act 1999, s 115(9) rely on the provisions of SI 2000/636 which exempt a member of a family of a national of a state which is a party to the Oporto Agreement on the European Economic Area if … Continue reading Secretary of State for Work and Pensions v AS (CA) (Other Current Benefits, Residence and Presence Conditions): UTAA 4 Feb 2021
ECFI Community trade mark – Opposition proceedings – Application for Community word mark VISUAL MAP – Earlier national word mark VISUAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Judges: Forwood P Citations: T-260/08, [2012] EUECJ T-260/08 Links: … Continue reading Indo Internacional v OHMI – Visual (Visual Map): ECFI 24 Jan 2012
A, a company of wholesale tobacco manufacturers, issued a circular to retail dealers offering them a share in a bonus on condition of their signing an agreement, inter alia, not to deal with B Limited. B Limited, in response, issued a circular offering to customers buying direct from them a share in a bonus distribution … Continue reading Ogdens Ltd v Nelson Ogdens Ltd v Telford: HL 24 Mar 1905
FTTTx Capital gains tax – s 2 TCGA 1992 – taxpayer left UK – evidence that he remained resident and retained links with the UK for at least part of the year of assessment -no close connection to country to which he moved – whether he remained resident or ordinarily resident in the UK during … Continue reading Broome v Revenue and Customs: FTTTx 24 Nov 2011
Judges: Lech Garlicki, P Citations: 2134/10, [2012] ECHR 223 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Appeal from – Tabassum, Regina (on The Application of) v Secretary of State for The Home Department Admn 15-Jul-2011 The claimant challenged his detention after completion of his sentence pending deportation to Pakistan. He … Continue reading Tabassum v The United Kingdom: ECHR 24 Jan 2012
VAT – Registration – Voluntary Registration – Taxpayer acquiring and letting out a yacht – Whether in fact there had been charters to associated companies – Whether yacht chartered to or through agent – Whether conducting a business or economic activity – Appeal allowed Citations: [2009] UKFTT 305 (TC) Links: Bailii Jurisdiction: England and Wales … Continue reading Heath House Charter Ltd v Revenue and Customs: FTTTx 13 Nov 2009
ECJ Community trade mark – Opposition proceedings – Application for Community word mark LA BARONNIE – Earlier national word mark BARONIA – Proof of use of earlier mark – Evidence produced for the first time before the Board of Appeal – Admissibility – Scope of the examination conducted by the Boards of Appeal – Articles … Continue reading La Baronia De Turis v OHMI- Baron Philippe De Rothschild (La Baronnie): ECFI 10 Jul 2006
Between to new houses was a steep bank. Who owned it? Before the transfer there had been different plans and much correspondence. Held: Where there was doubt as to the extent of land transferred, the court could look to the physical boundaries and characteristics of the property. The Land Registry plan showed the boundary at … Continue reading Geoffrey Allan Chadwick, Sylvia Joyce Chadwick, Edward James Chadwick v Abbotswood Properties Ltd, Gordon Leonard Hauser, Pamela Ann Hauser, Rectory Pump Ltd: ChD 18 May 2004
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
ECJ (Judgment) Reference for a preliminary ruling – Customs Union and Common Customs Tariff – Reimbursement of import duties – Regulation (EEC) No 2913/92 (Customs Code) – Article 241, first paragraph, first indent – Obligation of a Member State to provide for the payment of default interest even where no action has been brought before … Continue reading Wortmann KG Internationale Schuhproduktionen v Hauptzollamt Bielefeld: ECJ 18 Jan 2017
ECJ Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations – Restitution of sums paid but not due – Remedies – National legislation – Curtailment of the limitation period for the applicable remedies without notice and retroactively Judges: M Ilesic P Citations: [2013] EUECJ C-362/12, C-362/12, [2014] … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013
ECJ Articles 49 TFEU and 63 TFEU – Payment of dividends – Corporation tax – Case C-446/04 – Test Claimants in the FII Group Litigation – Interpretation of the judgment – Prevention of economic double taxation – Equivalence of the exemption and imputation methods – Meaning of ‘tax rates’ and ‘different levels of taxation’- Dividends … Continue reading Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012
ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Polishing pads intended exclusively for semiconductor wafer-polishing machines – Tariff headings 3919 and 8466 (or 8486) – Definition of ‘parts’ or ‘accessories’ Judges: A. Prechal, P Citations: C-336/11, [2012] EUECJ C-336/11 Links: Bailii Jurisdiction: European Customs and Excise Updated: 04 October 2022; Ref: scu.463247
EAT Disability Discrimination – In this case the Claimant had not been diagnosed as having dyslexia but he did have certain difficulties and it was common ground that with his sleep apnoea he was disabled. The Employment Tribunal was entitled to hold that it was the Claimant’s refusal to co-operate that frustrated any attempt to … Continue reading Bishun v Hertfordshire Probation Service (National Probation Service): EAT 24 Aug 2011
EAT Harassment Race Discrimination – Direct – Continuing act – The Employment Tribunal correctly found the Respondent discriminated against and harassed the Claimant contrary to the Race Relations Act. It failed to deal with the Claimant’s claims in respect of two earlier events which were ‘on grounds of race’ rather than the narrow and incorrect … Continue reading Moxam v Visable Changes and Another: EAT 24 Nov 2011
The secretary appealed against a decision quashing her refusal of a grant of citizenship to the respondent on the grounuds that she was not satisfied as to the respondent’s good character. He had been an active member of the Tamil Tigers who had been found responsible for the murder of prisoners or war and had … Continue reading Secretary of State for The Home Department v SK (Sri Lanka): CA 19 Jan 2012
The parties disputed the validity of a patent. Judges: Elias, Kitchin LJJ, Sir Robin Jacob Citations: [2012] EWCA Civ 7 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 04 October 2022; Ref: scu.450465
The Court was asked whether there was power under section 66 of the 1996 Act to order judgment to be entered in the terms of an arbitral award in a case where the award is declaratory in form and more particularly where it takes the form of a negative declaration, i.e. a declaration that the … Continue reading West Tankers Inc v Allianz Spa and Another: CA 24 Jan 2012
EAT VICTIMISATION DISCRIMINATION The Employment Tribunal did not err in rejecting the Claimant’s PIDA claims as she did not make a relevant allegation. She did not suffer any detriment and was not constructively dismissed. There was no connection with her complaints about what she was required to do as part of her contract. Complaints about … Continue reading Collins v Club 24 Ltd (T/A Ventura): EAT 12 Jan 2012
Reference for a preliminary ruling – Procedures for the award of public contracts – Directive 2014/24/EU – Article 57(4), first subparagraph, point (d) – Optional grounds for exclusion – Agreements with other economic operators with a view to distorting competition – Directive 2014/25/EU – Article 36(1) – Principles of proportionality and equal treatment of tenderers … Continue reading J Sch Omnibusunternehmen and K Reisen (Judgment): ECJ 15 Sep 2022
Hudoc Not necessary to examine Art. 14 Citations: [1997] ECHR 84, 24194/94 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 October 2022; Ref: scu.263136
The court heard a challenge to arrangements within the graduated fees scheme for payment of defence lawyers, and in particular ‘when does a trial begin?’ and whether a case should be paid as a ‘trial’ or as a ‘cracked trial’. The trial had been arranged and brought on, but after the jury was sworn, the … Continue reading Lord Chancellor v Ian Henery Solicitors Ltd: QBD 8 Dec 2011
The claimant sought judicial review of the refusal to reinstate his indefinite leave to remain after successfully appealing against a deportation order. Held: The claim failed. Bidder QC J said: ‘the wording of section 5 is tolerably clear and the other statutory or regulatory provisions touching on the question of deportation and revocation strongly suggest … Continue reading George v Secretary of State for The Home Department: Admn 9 Dec 2011
The claimant sought compensation after the Borough ordered fencing to be erected along the roadside so as to obstruct vehicular access to and from his premises. If the action was taken under section 66(2) and not section 80, then Lewison LJ said that the council’s proposed action and the reason for taking it ‘fall squarely … Continue reading Cusack v London Borough of Harrow: CA 7 Dec 2011
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
Application for permission to appeal against the refusal of the Asylum and Immigration Tribunal to reconsider the adverse determination of an Immigration Judge itself given upon a reconsideration of the applicant’s asylum claim. Citations: [2007] EWCA Civ 24 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 October 2022; Ref: scu.248216
ECJ Common customs tariff – scheme of generalized preferences in favour of developing countries – cut mushrooms coming under sub-heading 07.04 B – exclusion (regulations nos 3055/74 and 3011/75 of the council, annex A)Tariff heading 07.04 ‘ex b. Other’ set out in annex a to regulations (eec) no 3055/74 and (eec) no 3011/75 of the … Continue reading Sas Prodotti Alimentari Folci v Amministrazione Delle Finanze Dello Stato: ECJ 16 Oct 1980
The Secretary of State sought a disqualification order. The director argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown. Held: The answer was a mixture of fact and law. A breach of duty alone was neither necessary nor sufficient. Unfitness by reason of … Continue reading The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002
Employees claimed religious objections to being obliged to members of a Trades Union. Held: It is the obligation of states which have ratified the Convention to secure to everyone within their jurisdiction the rights and freedoms which it protects. Judges: Wiarda P Citations: 7806/77, 7601/76, (1981) 4 EHRR 38, [1981] ECHR 4 Links: Worldlii, Bailii … Continue reading Young, James and Webster v The United Kingdom: ECHR 13 Aug 1981
ECJ Grand Chamber – Reference for a preliminary ruling – Directive 98/44/EC – Article 6(2)(c) – Legal protection of biotechnological inventions – Parthenogenetic activation of oocytes – Production of human embryonic stem cells – Patentability – Exclusion of ‘uses of human embryos for industrial or commercial purposes’ – Concepts of ‘human embryo’ and ‘organism capable … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ECJ 18 Dec 2014
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014
he debt sought to be attached was said to be owed by a bank to the judgment debtor Naftogaz. But the bank had received the money from Naftogaz as the agent bank under a loan agreement for distribution to the loanholders. It was not therefore, in the bank’s hands, a debt payable to Naftogaz. Citations: … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy and Another: CA 10 Dec 2014
The claimant, a widow, said that he had been denied the benefits (the Widowed Mother’s Allowance) which would have been available to a woman in his circumstances. Held: The claim had been settled on the respondent admitting that there was no objective justification for the difference in treatment. Citations: 12828/02, [2008] ECHR 245 Links: Bailii … Continue reading Robertson v The United Kingdom: ECHR 1 Apr 2008
The solicitors appealed against a wasted costs order. On the morning of the trial, they had produced further evidence leading to the collapse of the trial. Held: The appeal succeeded. The solicitors had not been given notice of the application, and on the facts there was no evidence sufficient to establish the required failure: ‘ … Continue reading Reeves and Co, Solicitors, Regina v: CACD 24 Mar 2011
UTIAC i) The best interests of the child is a broad notion and its assessment requires the taking into account and weighing up of diverse factors, although in the immigration context the most important of these have been identified by the Supreme Court in ZH (Tanzania) [2011] UKSC 4, the Court of Appeal in AJ … Continue reading MK (Best Interests of Child) India: UTIAC 2 Dec 2011
(Intellectual Property) Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Article 3 – Concept of ‘communication of a work to a public present at the place where the communication originates’- Dissemination of musical works in the presence of an audience without paying the collective management organisation the appropriate copyright fee – … Continue reading Circul Globus Bucuresti: ECJ 24 Nov 2011
ECJ (Approximation Of Laws – Processing Personal Data) Processing of personal data – Directive 95/46/EC – Article 7(f) – Direct effect Judges: K. Lenaerts Citations: C-469/10, [2011] EUECJ C-469/10 Links: Bailii Citing: See Also – Asociacion Nacional De Establecimientos Financieros De Credito v Administracion Del Estado ECJ 24-Nov-2011 ECJ (Approximation Of Laws – Processing Personal … Continue reading Asociacion Nacional De Establecimientos Financieros De Credito v Administracion Del Estado: ECJ 24 Nov 2011
24 requests for information relating to East Dunbartonshire Council’s building control function submitted via a questionnaire – application made in relation to the handling of 10 of those requests – Section 12(1) (Excessive cost of compliance) Citations: [2007] ScotIC 071 – 2007 Links: Bailii Jurisdiction: Scotland Information Updated: 29 September 2022; Ref: scu.434341
In this case, trustees under a will, who were solicitors, had by mistake transferred stock to a person not entitled. Baron Alderson said, this being under circumstances of mistake, it appeared clear to him that the Plaintiffs were entitled to equitable relief ; for, on looking into the authorities he found that fraud or mistake … Continue reading Brooksbank v Smith: 24 Feb 1836
Citations: [2001] EWCA Civ 924 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 29 September 2022; Ref: scu.218264
Application for judicial review which challenges a government deportation policy in respect of the introduction of a removal notice window policy instituted by the Defendant in 2015. The challenge is by Medical Justice, an independent charity established in 2005 which facilitates the provision of independent medical advice and representations to those detained in immigration removal … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 13 Sep 2019
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 14878/19, [2022] ECHR 624 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 September 2022; Ref: scu.680552
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006
Citations: 1444/02, [2006] ECHR 488, [2006] ECHR 488 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 September 2022; Ref: scu.243774
The parties disputed the cost of a replacement car hired by the claimant following an accident. Aikens LJ recommended a structured approach: ‘Sub-issue (1): The Calculation of the BHR. The first question that arises is: what exercise is a judge conducting when he has to find the ‘spot rate’ or, as I prefer to call … Continue reading Pattni v First Leicester Buses Ltd: CA 24 Nov 2011
The appellant had been detained under the 1983 Act. Her appeal had been declined as out of time, and she now appealed against rejection of her request for judicial review. Held: The appeal failed, even though the application to the tribunal should have been treated by it as in time, and the claim against the … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011
ECFI Community trade mark – Invalidity proceedings – Community word mark MPAY24 – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Correction of the decision by the Board of Appeal – Non-existent act – Rule 53 of Regulation (EC) No 2868/95. Judges: Czuzc P Citations: … Continue reading Mpay24 v OHMI- Ultra (Mpay24): ECFI 22 Nov 2011
ECFI (Staff Regulations) French Text – Appeal – Civil Service – Officials – Promotion – Removal of merit points and priority as a result of a promotion based on Article 29 of the Statute – Legal basis – Jurisdiction of the perpetrator – Principle of non- discrimination Judges: Jaeger P Citations: T-58/11, [2011] EUECJ T-58/11 … Continue reading Nolin v Commission: ECFI 15 Nov 2011
Pre-action disclosure. The test of a properly arguable case with a real prospect of success is the same test as is set out in CPR 13.3(1) and 24.2 in relation to setting aside judgments in default and resisting summary judgment respectively. The Court of Appeal in Rose had not been concerned with whether a lower … Continue reading BSW Ltd v Balltec Ltd: ChD 11 Apr 2006
Appeal against disciplinary decision of the Disciplinary Tribunal of the Institute of Chartered Accountants. Judges: Sedley LJ Citations: [2001] EWCA Civ 965 Links: Bailii Jurisdiction: England and Wales Administrative Updated: 27 September 2022; Ref: scu.218243
ECJ (Opinion) Copyright and related rights – Right to effective protection of intellectual property – Directive 2004/48/EC – Article 8 – Protection of personal data – Electronic communications – Retention of data generated some – Transmission of data staff in particular – Directive 2002/58/EC – Article 15 – Directive 2006/24/EC – Article 4 – Audiobooks … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 17 Nov 2011
The complainant requested information from Ribble Valley Borough Council (‘the Council’) about land at Chapel Hill, Longridge, in Lancashire. After initially considering the request under the Freedom of Information Act 2000 (FOIA), the Council provided some information, but withheld the majority of the requested information under section 31(1)(g) of the FOIA – Prejudicial to law … Continue reading Ribble Valley Borough Council (Local Government): ICO 24 Mar 2021
UTIAC (1) Where it applies, s. 85A of the Nationality, Immigration and Asylum Act 2002 precludes certain evidence from being relied on, in order to show compliance with the Immigration Rules.(2) ‘Fairness’ arguments concerning the application of the transitional provisions regarding s. 85A, in article 3 of the UK Borders Act 2007 (Commencement No. 7 … Continue reading Alam (S 85A; Commencement; Art.8) Bangladesh: UTIAC 19 Oct 2011
(Canada) the Board was asked whether a corporation was the occupant of an armaments factory so as to be liable to pay an occupation tax, and whether it was carrying on a business in the factory so as to be liable to pay a business tax. The answer to both questions depended on whether the … Continue reading City of Montreal v Montreal Locomotive Works Limited and Another: PC 24 Oct 1946
Appeal against an order giving judgment for the respondent, Mr Miller, against the appellant, Associated Newspapers Ltd, the publishers of the Daily Mail, in an action for libel.Moore-Bick LJ (giving the judgment of the Court) summarised the task of the trial judge when assessing a defence of truth to a Chase level 2 allegation: ‘It … Continue reading Miller v Associated Newspapers Ltd: CA 24 Jan 2014
Agreement for payment by joint debtor not contract The claimant appealed against refusal of an order to set aside a statutory demand. He said that he had compromised a claim by the creditors. He argued for an extension to the Rule in Pinnel’s case, so that where a debtor agrees to pay part of a … Continue reading Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Third-country national with a right of residence under Article 20 TFEU – Article 3(2)(e) – Residence exclusively for temporary reasons – Autonomous concept of EU law Citations: C-624/20, [2022] EUECJ C-624/20 Links: Bailii Jurisdiction: European … Continue reading Staatssecretaris Van Justitie En Veiligheid (Nature Du Droit De Sejour Au Titre De L’Article 20 TFUE) (Judgment): ECJ 7 Sep 2022
Departure of a member of staff – Mr Mark Irvine (Mr Irvine) requested from South Lanarkshire Council (the Council) information regarding the early retiral of a particular employee. The Council responded by providing some information, but it maintained that it was not obliged to comply with some parts of the request, on the grounds that … Continue reading Irvine and South Lanarkshire Council: SIC 24 May 2011
Suspension of staff – Mr Ian Benson (Mr Benson) asked Glasgow Caledonian University (the University) for information as to the number of staff suspended. The University responded by advising Mr Benson in terms of section 14(2) of the Freedom of Information (Scotland) Act 2002 (FOISA) that it was not obliged to comply with this request … Continue reading Benson and Glasgow Caledonian University: SIC 24 May 2011
Type of engines in licensed taxis – Mr Ross Blyth (Mr Blyth) asked Glasgow City Council (the Council) for information as to the number of licensed taxis in the Glasgow area that have particular types of engines. The Council responded by giving Mr Blyth a notice under section 17 of the Freedom of Information (Scotland) … Continue reading Blyth v Glasgow City Council: SIC 24 May 2011
Citations: [2007] DRS 4100 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 22 September 2022; Ref: scu.249570
Citations: [2006] EWCA Civ 1153 Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Immigration, Human Rights Updated: 22 September 2022; Ref: scu.244208
The claimant had been employed on a fixed term contract. It was not renewed, and she claimed less favourable treatment under the regulations. She had been employed on a series of fixed term contracts, and there had been no criticism of her work. The Department appealed a finding against them on the preliminary issue as … Continue reading Department for Work and Pensions v Webley: CA 21 Dec 2004
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999
Application for leave to appeal – granted. Judges: Ward, Mummery LJJ Citations: [1997] EWCA Civ 1953 Jurisdiction: England and Wales Citing: Cited – Dench v Fynn and Partners (A Firm) EAT 26-Feb-1997 Preliminary hearing to see if there is an arguable issue of law arising out of the Tribunal decision. . . Cited by: See … Continue reading Dench ex parte v Fynn and Partners (a Firm): CA 25 Jun 1997
Challenge to refusal of naturalisation as British citizen. Judges: Flaux, Singh, Haddon-Cave LJJ Citations: [2019] EWCA Civ 2024, [2019] WLR(D) 652 Links: Bailii, WLRD Jurisdiction: England and Wales Immigration Updated: 22 September 2022; Ref: scu.645527
ECJ Opinion – State Aid – Appeal – State aid – Selective tax exemption linked to an increase in share capital during the recapitalisation of an undertaking – Market economy investor principle – State acting as shareholder and State wielding public power Judges: Mazak AG Citations: C-124/10, [2011] EUECJ C-124/10 – P, [2011] EUECJ C-124/10 … Continue reading Commission v Electricite de France: ECJ 20 Oct 2011
ECFI Community trade mark – Opposition proceedings – Application for Community word mark deutschemedi.de – Earlier Community word mark World of medi, national brands medi.eu figurative and word marks, welt medi, medi-Verband, media and business name and company name previous medi – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 … Continue reading Medi v OHMI- Deutsche Medien Center (Deutschemedi.De): ECFI 6 Oct 2011
ECFI French Text – Financial assistance for a project in the field of the environment – LIFE – Decision partial recovery of the amount paid – Determination of beneficiary’s obligations assumed in the funded project – Legitimate expectations – Obligation to state reasons Citations: T-312/07, [2011] EUECJ T-312/07 Links: Bailii European Updated: 20 September 2022; … Continue reading Dimos Peramatos v Commission: ECFI 12 Oct 2011
The doctor, originally qualified as a dentist, had achieved a contractual status as a surgeon with the Trust. When required to retrain, she complained that contrary to the NHS Terms for the employment of doctors, her pay grade had not been maintained. The Trust now appealed against the EAT’s reversal of the finding in their … Continue reading Barts and The London NHS Trust v Verma: CA 12 Oct 2011
Citations: [2011] EWHC 2421 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 20 September 2022; Ref: scu.444966
The claimant, subject to a non-derogating control order, appealed against a refusal of the defendant to make certain modifications to it. Judges: Silber J Citations: [2011] EWHC 2486 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 3(1) Crime, Human Rights Updated: 20 September 2022; Ref: scu.444867
ECFI Community trade mark – Opposition proceedings – Application for Community word mark BRIGHTON – Earlier national word and figurative or other signs of previous BRIGHTON BRIGHTON – Relative grounds for refusal – Article 8, paragraph 1 b) and paragraph 2 c) of Regulation (EC) No 207/2009 – Article 8, paragraph 4 of Regulation No … Continue reading Brighton Collectibles v OHMI – Felmar (Brighton): ECFI 27 Sep 2011
ECJ (Taxation) Common system of value added tax – Directive 2006/112/EC – input tax – Common flat-rate farmers – Compensation package replacing the deduction of input tax – Percentage draw – Conditions Citations: C-524/10, [2011] EUECJ C-524/10 Links: Bailii Statutes: Directive 2006/112/EC Jurisdiction: European Cited by: Opinion – Commission v Portugal C-524/10 ECJ 8-Mar-2012 Failure … Continue reading Commission v Portugal C-524/10: ECJ 22 Sep 2011
Citations: 26410/02, [2006] ECHR 922 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 September 2022; Ref: scu.246643
Citations: [2007] DRS 4194 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 19 September 2022; Ref: scu.249586
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award.When assessing conditions of detention, account has to be taken of the cumulative effects of those conditions, as well as the specific allegations … Continue reading Dougoz v Greece: ECHR 6 Mar 2001
Trial of a matter involving a claim brought to establish a Partnership. Judges: Charles Morrison (sitting as a Deputy of the High Court) Citations: [2020] EWHC 3407 (QB) Links: Bailii Jurisdiction: England and Wales Company Updated: 19 September 2022; Ref: scu.656924
Application to determine the boundary between the garden of the Applicants’ cottage and the adjoining field owned by the Respondent. The boundary was in two parts. With respect to the greater, contentious part the Applicants relied on the hedge and ditch presumption. The Respondent denied that a ditch existed, alleging a mere depression in the … Continue reading Williams v Thomas: FTTPC 24 Jul 2019
Judges: Peter Jackson, Singh LJJ Citations: [2017] EWCA Civ 2134, [2018] 1 WLR 2591, [2018] INLR 127, [2018] Imm AR 660, [2017] WLR(D) 841 Links: Bailii, WLRD Jurisdiction: England and Wales Immigration Updated: 19 September 2022; Ref: scu.601447
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – Pensions – Exemption for low income amount – Discrimination between resident and non-resident taxpayers Judges: Mr Niilo Jaaskinen … Continue reading Commission v Estonia: ECJ 24 Nov 2011
ECJ Customs duty – Repayment of import duties – Canned tuna originating in Thailand – Tariff quota – Opening Date – Sunday – Exhaustion of quota – Article 239 of the Community Customs Code – Articles 308a to 308c of Regulation ( EEC) No 2454/93 – Regulation (EC) No 975/2003 Citations: T-131/10, [2011] EUECJ T-131/10 … Continue reading Saupiquet v Commission (Customs Union) French Text: ECFI 24 Nov 2011
ECJ Opinion – Regulation (EC) No 44/2001 – Appointment of a guardian for a consumer whose residence is unknown – Rules on international jurisdiction – Applicability – Article 24 of Regulation No 44/2001 – Appearance Guardian appointed without the consent or knowledge of the defendant – Article 17, paragraph 3) of Regulation No 44/2001 – … Continue reading Hypotecni banka, as v Lindner: ECJ 8 Sep 2011
ECFI Community trade mark – Application for the Community word mark BETTER HOMES AND GARDENS – Absolute ground for refusal – Partial refusal by the examiner to register the mark – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 Citations: T-524/09, [2011] EUECJ T-524/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 … Continue reading Meredith v OHIM (Better Homes And Gardens): ECFI 7 Sep 2011
ECJ Appeal – Common commercial policy – Dumping – Articles 2(7), 3(7), 5(4), 9(5) and (6), and 17(3) of Regulation (EC) No 384/96 – Imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam – Market economy treatment – Individual treatment – Sampling method – Cooperation on the … Continue reading Brosmann Footwear (HK) And Others v Council of The European Union: ECJ 6 Sep 2011
UTIAC Paragraph 245AA(b) of HC 395 does not require an adjournment for verification checks by the Secretary of State where what are said to be ‘specified documents’, called into question, are produced at the hearing or served so soon before the hearing as to provide no opportunity for the Secretary of State to take the … Continue reading Butt v The Secretary of State for The Home Department (Specified Documents; – Judicial Verification) Pakistan: UTIAC 13 Sep 2011
‘The respondent was employed by the appellants in their quarry at Cowieslinn, as a plant operator, from June 1986 until 8 November 1991. On that date, he came to the conclusion that he was being harassed and would be dismissed very shortly and, accordingly, gave in his notice. He made an application to an Industrial … Continue reading Alexander Russell Plc v Holness: EAT 24 Jan 1994
Citations: [2010] EWCA Civ 1637 Links: Bailii Jurisdiction: England and Wales Immigration, Torts – Other Updated: 17 September 2022; Ref: scu.442426
The claimant a native Burmese, had come here to study, and now sought asylum rather than be returned to Burma where her pro-democracy views would put her in danger. Judges: Graham Wood QC J Citations: [2011] EWHC 2069 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 17 September 2022; Ref: scu.442440
Judges: Burnett J Citations: [2011] EWHC 2070 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 17 September 2022; Ref: scu.442441
CD challenged the decision by the respondent to make him subject to a control order by way of a review under section 3(10) of the 2005 Act. Held: The decision was justified. Judges: Owen J Citations: [2011] EWHC 2087 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: … Continue reading Secretary of State for The Home Department v CD: Admn 29 Jul 2011