Search Results for: Art 24 EC

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Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

Michael Wilson and Partners Ltd v Sinclair and Another: CA 13 Jan 2017

The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an arbitration beween the claimant and the former partner, which were lost, and … Continue reading Michael Wilson and Partners Ltd v Sinclair and Another: CA 13 Jan 2017

Michael Wilson and Partners Ltd v Sinclair and Others: ComC 21 Sep 2012

The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants said that the claims had in effect already been decided against the claimants in an arbitration. … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: ComC 21 Sep 2012

Solomon v Cromwell Group Plc: CA 19 Dec 2011

Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims. Judges: Pill, Moore-Bick, Aikens LJJ, Hurst SCJ Citations: [2011] EWCA … Continue reading Solomon v Cromwell Group Plc: CA 19 Dec 2011

O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

AQ (Pakistan) v Secretary of State for The Home Department: CA 20 Jul 2011

The claimant appealed against a decision of the Upper Tribunal (Immigration and Asylum Chamber) dismissed his appeal against a decision of an Immigration Judge in turn dismissing his appeal under section 82 of the 2002 Act against the decision of the Home Secretary refusing to vary leave to remain in the United Kingdom pursuant to … Continue reading AQ (Pakistan) v Secretary of State for The Home Department: CA 20 Jul 2011

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 said that he was in fact a British citizen, and Pakistan refused to accept that he was Pakistani. Judges: Stephen Males QC Citations: [2011] EWHC 1821 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Tabassum v … Continue reading Tabassum, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Jul 2011

City Index Ltd v Kurt: EAT 24 May 2011

EAT RACE DISCRIMINATION – Direct HARASSMENT This was an employee’s claim that she had been subjected to race discrimination and harassment on grounds of her nationality and/or national origins. Of 24 discrete allegations tried by the Tribunal only five were upheld. Despite a six-day hearing, the Tribunal’s findings of fact on those five matters were … Continue reading City Index Ltd v Kurt: EAT 24 May 2011

Commission v Q: ECFI 12 Jul 2011

ECFI (Staff Regulations) Appeal – Public service – Officials – Cross-appeal – Bullying – Article 12a of the Staff – Communication on the policy of harassment to the Commission – Duty to provide assistance to the incumbent administration – Article 24 of the Statute – Scope – Request for assistance – Provisional removal – Duty … Continue reading Commission v Q: ECFI 12 Jul 2011

Middlesbrough Borough Council v Surtees and others: EAT 24 Aug 2007

EAT Equal Pay Act – Equal value When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 allows a party to call another expert provided this evidence does not challenge the facts. When an IE did not … Continue reading Middlesbrough Borough Council v Surtees and others: EAT 24 Aug 2007

Castell-y-Mynach Estate v Secretary of State for Wales: QBD 1985

A building ceased to be occupied as a dwelling in 1965, and then over a period of years became nearly derelict. Even so, the evidence showed that at no time had the owners intended abandoning the rights of existing use, despite their decision not to relet for residential use. Four relevant factors were identified at … Continue reading Castell-y-Mynach Estate v Secretary of State for Wales: QBD 1985

Morris v C W Martin and Sons Ltd: CA 1965

The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965

Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019

The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019

Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of … Continue reading Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

Gourlay, Regina (on The Application of) v Parole Board: Admn 24 Nov 2014

Challenge by way of judicial review to the Decision of the Parole Board following an oral hearing first not to direct the release on licence of the claimant, and secondly, not to recommend the transfer of the claimant to open conditions. The challenge was directed solely at the second part, namely the decision not to … Continue reading Gourlay, Regina (on The Application of) v Parole Board: Admn 24 Nov 2014

SW (Lesbians – HJ and HT Applied) Jamaica CG: UTIAC 24 Jun 2011

UTIAC (1) Jamaica is a deeply homophobic society. There is a high level of violence, and where a real risk of persecution or serious harm is established, the Jamaicans state offers lesbians no sufficiency of protection.(2) Lesbianism (actual or perceived) brings a risk of violence, up to and including ‘corrective’ rape and murder.(3) Not all … Continue reading SW (Lesbians – HJ and HT Applied) Jamaica CG: UTIAC 24 Jun 2011

Omotunde v Secretary of State for the Home Department: UTIAC 25 May 2011

ECJ 1. When applying the judgment of the Court of Justice of the European Union in Ruiz Zambrano (European citizenship) [2011] EUECJ Case C-34/09 OJ 2011 C130/2 and that of the Supreme Court in ZH (Tanzania) [2011] UKSC 4; [2011] 2 WLR 148, in relation to the proposed administrative removal or deportation of one or … Continue reading Omotunde v Secretary of State for the Home Department: UTIAC 25 May 2011

Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011

UTIAC The phrase ‘liable to deportation’ in s 3(5) of the Immigration Act 1971 includes, in the case of a person within s 3(5)(a), the notion of the Secretary of State’s deeming deportation to be conducive to the public good. The provision of s 32(4) of the UK Borders Act 2007, that a person subject … Continue reading Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011

Zeturf Ltd v Premier Ministre: ECJ 30 Jun 2011

ECJ Freedom To Provide Services – Off-Course Betting – Scheme giving exclusive rights to manage off-course betting on horseracing – Article 49 EC – Restriction on the freedom to provide services – Overriding reasons in the public interest – Objectives of combating gambling addiction and fraudulent and criminal activities and of contributing to rural development … Continue reading Zeturf Ltd v Premier Ministre: ECJ 30 Jun 2011

Rana, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum) and Another; MR (Pakistan) v Upper Tribunal: Admn 21 Dec 2010

The court was asked ‘Is a decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber) amenable to judicial review on any ground or grounds other than (a) outright excess of jurisdiction, or (b) denial of procedural justice, … Continue reading Rana, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum) and Another; MR (Pakistan) v Upper Tribunal: Admn 21 Dec 2010

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Camper v OHMI-JC (Brothers By Camper): ECJ 30 Nov 2006

CJEU Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: [2006] EUECJ T-43/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 14 September 2022; Ref: scu.246787

W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006

The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents. Held: To fulfil the requirements of Directive 90/364 all of Q, W and X had to demonstrate … Continue reading W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006

Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970): ICJ 21 Jun 1971

The International Court of Justice referred to the maintenance of an apartheid regime as being a flagrant violation of the purposes and principles of the UN Charter,Article 22(1) of the Covenant of the League of Nations provided for the grant of mandates for the administration of former colonies and territories ‘which are inhabited by peoples … Continue reading Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970): ICJ 21 Jun 1971

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba might appear to be entitled to plead the state immunity, it should … Continue reading Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Ames and Another v The Spamhaus Project Ltd and Another: QBD 27 Jan 2015

Warby J said: ‘ . . but as practitioners in this field are well aware, it is generally impractical for a claimant to seek out witnesses to say that they read the words complained of and thought the worse of the claimant’ Judges: Warby J Citations: [2015] EWHC 127 (QB), [2015] EMLR 13, [2015] 1 … Continue reading Ames and Another v The Spamhaus Project Ltd and Another: QBD 27 Jan 2015

Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011

The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the reference and of making numerous errors of law, in respect of each of which they were obviously … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011

Space Beach Club v OHMIi – Flores Gomez (Sps Space Of Sound): ECFI 24 May 2011

ECFI Community trade mark – Opposition proceedings – Application for Community figurative SPS Space of Sound – Earlier national figurative marks and community space ibiza, space DANCE BARCELONA, MADRID space DANCE, DANCE VALENCIA space, space MALLORCA DANCE, DANCE EIVISSA space, space SPACE IBIZA WORLD, DANCE space and earlier national word mark VIVA SPACE – Relative … Continue reading Space Beach Club v OHMIi – Flores Gomez (Sps Space Of Sound): ECFI 24 May 2011

Gebhard Stark v DAS Osterreichische Allgemeine Rechtsschutzversicherung AG: ECJ 26 May 2011

ECJ Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Freedom of the insured person to choose his lawyer – Limitation of the reimbursement allowed in respect of the costs relating to representation of the insured person in judicial proceedings – Reimbursement limited to the amount corresponding to that claimed by a lawyer established … Continue reading Gebhard Stark v DAS Osterreichische Allgemeine Rechtsschutzversicherung AG: ECJ 26 May 2011

Cherfi v G4S Security Services Ltd: EAT 24 May 2011

EAT RELIGION OR BELIEF DISCRIMINATION C was employed as a security guard by R at a site in Highgate where R had a contract with Land Securities Trillium to provide safety and security services. Trillium required a specified number of security officers to be on site for the full duration of operating hours. Thus all … Continue reading Cherfi v G4S Security Services Ltd: EAT 24 May 2011

Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009

The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed. Held: The court considered the interpretations of the deed, looking at the ‘landscape of the instrument as a whole’ and interpretations given. The Court emphasised the … Continue reading Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009

Best Buy Co Inc and Another v Worldwide Sales Corporation Espana Sl: CA 24 May 2011

Appeal against dismissal of claim of trade mark infringement threats by the defendants’ lawyers. The court was asked to consider whether a letter, described as ‘the September letter’ was an actionable threat. Held: Lord Neuberger MR said: ‘In my view, insofar as such a question turns on the meaning of any particular passage in the … Continue reading Best Buy Co Inc and Another v Worldwide Sales Corporation Espana Sl: CA 24 May 2011

Inex v OHMI-Wiseman (Representation D’Une Peau De Vache): ECFI 13 Jun 2006

Europa Community trade mark – Opposition proceedings – Application for a figurative mark consisting of a representation of a cowhide in black and white – Earlier national figurative trade mark comprising in part a representation of a cowhide in black and white – Distinctive character of an element of a trade mark – Absence of … Continue reading Inex v OHMI-Wiseman (Representation D’Une Peau De Vache): ECFI 13 Jun 2006

Bank of Boston Connecticut v European Grain and Shipping Ltd (‘The Dominique’): HL 1989

A shipping company and a shipper responsible for the freight disputed the effect of their contract. The ship was duly loaded with its cargo and set out for the voyage from India to Europe. The bills of lading were signed. When the ship called at Colombo it was arrested for debt. The signed bills of … Continue reading Bank of Boston Connecticut v European Grain and Shipping Ltd (‘The Dominique’): HL 1989

Khaled, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 15 Jun 2016

The claimant failed asylum seekers sought damages alleging that their detention pending removal had been unlawful. Judges: Garnham J Citations: [2016] EWHC 1394 (Admin), [2016] WLR(D) 328, [2016] 3 CMLR 31, [2016] 1 WLR 4243 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: See Also – Khaled v SS Home Department Admn 18-Apr-2016 The Court … Continue reading Khaled, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 15 Jun 2016

John Lewis Partnership v Charman: EAT 24 Mar 2011

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableJudge held that it was not reasonably practicable for Claimant to present unfair dismissal claim because he was awaiting the outcome of an internal appeal – Decision upheld – Bodha v Hampshire AHA and Palmer v Southend-on-Sea Borough Council distinguished on the basis that those were cases … Continue reading John Lewis Partnership v Charman: EAT 24 Mar 2011

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011

JSC BTA Bank v Ablyazov and Others (Rev 1): ComC 24 Aug 2010

Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. Judges: Christopher Clarke J Citations: [2010] EWHC 2352 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – JSC BTA Bank v Granton Trade Ltd and Others ComC 19-Oct-2010 . … Continue reading JSC BTA Bank v Ablyazov and Others (Rev 1): ComC 24 Aug 2010

Heuschen and Schrouff Oriental Foods v Commission: ECJ 30 Nov 2006

CJEU Customs Union – Rice paper from Vietnam – Remission of import duties – Fairness clause – Article 239 of Regulation (EEC) No 2913/92 – Error on the part of the customs authorities – Concept of manifest negligence – Principle d treatment – Principle of good administration – Principle of proportionality Citations: [2006] EUECJ T-382/04 … Continue reading Heuschen and Schrouff Oriental Foods v Commission: ECJ 30 Nov 2006

Administration de l’enregistrement et des domaines v Eurodental Srl: ECJ 7 Dec 2006

CJEU Sixth VAT Directive – Exemptions – Articles 13A(1)(e), 17(3)(b) and 28cA(a) – Right to deduct – Manufacture and repair of dental prostheses – Intra-Community transactions relating to transactions which are exempt within the Member State – Effect of the derogating and transitional arrangements provided for in Article 28(3)(a) in conjunction with point 2 of … Continue reading Administration de l’enregistrement et des domaines v Eurodental Srl: ECJ 7 Dec 2006

Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006

(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a majority shareholder in the Isle of Man company, but had no involvement … Continue reading Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006

Commission v Sgl Carbon Ag: ECJ 29 Jun 2006

ECJ Appeals – Competition – Agreements, decisions and concerted practices – Graphite electrodes – Article 81(1) EC – Fines – Guidelines on the method of setting fines – Leniency Notice – Production of documents in a Commission investigation. Citations: C-301/04, [2006] EUECJ C-301/04 Links: Bailii Jurisdiction: European Commercial Updated: 11 September 2022; Ref: scu.243004

Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S: ECJ 10 Feb 1988

The claimant, Mr Tellerup, was employed as a restaurant manager by the transferor, Irma Catering A/S. When its lease was terminated it dismissed all staff. Mr Tellerup’s statutory period of notice expired on 30 April 1983. But it continued to run the business with the same staff until 25 February 1983, from when a new … Continue reading Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S: ECJ 10 Feb 1988

Friedrich Binder Gmbh and C Kg v Hauptzollamt Bad Reichenhall: ECJ 12 Jul 1989

ECJ A trader is not entitled under Article 5(2) of Regulation No 1697/79 to the waiver of the post-clearance recovery of import duties if the error made by the customs authorities from which he benefited was due to the fact that those authorities, instead of applying the Community provisions relating to the customs tariff published … Continue reading Friedrich Binder Gmbh and C Kg v Hauptzollamt Bad Reichenhall: ECJ 12 Jul 1989

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed … Continue reading AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

Balevents Ltd v Sartori: ChD 29 Sep 2011

A strip of land had at one point been left aside for an anticipated road widening which never took place. The defendant had eventually obtained a registered possessory title to it. The claimant, owner of a neighbouring plot, now challenged that title and the truth of the statutory declarations which achieved it. Held: The claim … Continue reading Balevents Ltd v Sartori: ChD 29 Sep 2011

Martin-Dye v Martin-Dye: CA 25 May 2006

The court was asked how to achieve fairness in ancillary relief proceedings on a divorce as respects pension entitlements. The parties had sufficient to allow a clean break, but the assets mixture included sums invested which would be returned only as pension payments. Held: The court and parties should have taken advantage of the procedures … Continue reading Martin-Dye v Martin-Dye: CA 25 May 2006

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London: Admn 27 Jun 2013

The coroner was to hold an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The Secretary of State issued a public interest immunity certificate in respect of several documents sought for the inquest, which, in part, the Coroner rejected. The court considered the possibility that a Properly Interested Person should be allowed … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London: Admn 27 Jun 2013

OBG Ltd And Others v United Kingdom: ECHR 29 Nov 2011

Admissibility Citations: [2011] ECHR 2087, 48407/07 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – OBG Ltd And Others v United Kingdom ECHR 13-Nov-2009 Statement of Facts . . See Also – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA … Continue reading OBG Ltd And Others v United Kingdom: ECHR 29 Nov 2011

OBG Ltd And Others v United Kingdom: ECHR 13 Nov 2009

Statement of Facts Citations: 48407/07 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005 The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated … Continue reading OBG Ltd And Others v United Kingdom: ECHR 13 Nov 2009

Financial Ombudsman Service (Decision Notice): ICO 24 Apr 2014

ICO The complainant requested information about individuals employed by the Financial Ombudsman Service. The Financial Ombudsman Service withheld the information, citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Financial Ombudsman Service has correctly applied this exemption and does … Continue reading Financial Ombudsman Service (Decision Notice): ICO 24 Apr 2014

Brayfal Ltd (T/A DRK), Regina (on The Application of) v Revenue and Customs: Admn 24 Nov 2009

Renewed application by Brayfal Limited for permission to apply for judicial review of a decision of the Revenue and Customs not to allow Brayfal Limited to account for VAT monthly, but to hold them to what is a default position for VAT registered traders to quarterly returns. Citations: [2009] EWHC 3354 (Admin) Links: Bailii Jurisdiction: … Continue reading Brayfal Ltd (T/A DRK), Regina (on The Application of) v Revenue and Customs: Admn 24 Nov 2009

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

RG v the Secretary of State for the Home Department: CA 11 Apr 2006

The applicant sought permission to appeal against a refusal of a judicial review. The application was being heard seven months later. Held: Permission was refused. Delay was inimical to justice. The solicitors, the Legal Services Commission and the transcibers had to overhaul their administrative procedures to ensure that communicatins were properly logged, and email being … Continue reading RG v the Secretary of State for the Home Department: CA 11 Apr 2006

Asito v Moldova: ECHR 8 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (one aspect); No violation of Art. 6-1 (other aspect); Violation of P1-1; Pecuniary damage – reserved; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 40663/98, [2007] ECHR 324 Links: Bailii Jurisdiction: Human Rights Human Rights Updated: 07 … Continue reading Asito v Moldova: ECHR 8 Nov 2005

Gabriel v Kirklees Metropolitan Council: CA 24 Mar 2004

The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by. Held: The case raised questions of law and it was incumbent on the judge to provide detailed findings on the facts. A question of law was arguable, … Continue reading Gabriel v Kirklees Metropolitan Council: CA 24 Mar 2004

Aquilina v Aquilina: CA 24 Mar 2004

The applicant appealed a sentence of six months imprisonment for breaches of a non-molestation injunction. Held: The breaches had been non-violent, and the court had not considered whether he was prepared to purge his contempt. A balance had to be found between a coercive and a punitive approach. The breaches were silly, but did not … Continue reading Aquilina v Aquilina: CA 24 Mar 2004

AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003

The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003

Cornerstone Telecommunications Infrastructure v Ashloch Ltd and Another: CA 29 Jan 2021

Whether the Upper Tribunal has jurisdiction under Part 4 of the Electronic Communications Code, to impose Code rights over land in favour of an operator which is already in occupation of the same land under a tenancy granted before the Code came into force; and which is continuing after its contractual expiry date under section … Continue reading Cornerstone Telecommunications Infrastructure v Ashloch Ltd and Another: CA 29 Jan 2021

Tremigliozzi And Mazzeo v Italy: ECHR 21 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 24816/03, [2022] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 September 2022; Ref: scu.679714

Pennine Acute Hospitals NHS Trust v Power and Others: EAT 24 Feb 2011

EAT AGE DISCRIMINATION JURISDICTIONAL POINTS – Claim in time and effective date of termination The issue was whether a complaint was out of time. An Employment Judge who was asked to rule on whether a complaint of the receipt of lower pay than those in a comparable position but for their age had been made … Continue reading Pennine Acute Hospitals NHS Trust v Power and Others: EAT 24 Feb 2011