ECJ State aid – Existing aid regime – Tax regime for coordination centres established in Belgium – Application by an association – Admissibility – Commission Decision that the regime does not constitute aid – Change in the Commission’s appraisal – Article 87(1) EC – Protection of legitimate expectations – General principle of equal treatment. Citations: … Continue reading Belgium v Commission: ECJ 22 Jun 2006
Citations: [2006] EWCA Civ 616 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 September 2022; Ref: scu.241763
ECJ (Customs Union) Post-clearance recovery of import duties – Remission of import duties – Conditions – Article 871 of the regulation implementing the Community Customs Code – Scope of the obligation to submit the case to the Commission – Failure on the part of a person liable for payment acting in good faith to declare … Continue reading Conseil General De La Vienne v Directeur general des douanes et droits indirects: ECJ 22 Jun 2006
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original determination which vitiated all findings of fact made … Continue reading Swash v Secretary of State for the Home Department: CA 26 Jul 2006
Richards LJ said: ‘There is no dispute about the test to be applied by the Secretary of State in determining whether the respondent’s claim was ‘clearly unfounded’ within section 93(2) (b) of the 2002 Act. In relation to the same statutory language in section 115 of the 2002 Act, it was held in R (L) … Continue reading Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006
The claimant sought damages from the defendants in respect of their advice as chartered accountants on the sale of shares in a private company. He lost the chance to claim retirement relief, by retiring as a director before agreement was reached on the purchase of his shares. The accountants had acted for him in his … Continue reading Joel v Langley and Partners: CA 23 Apr 2002
(New Zealand) One party sought the restructuring of a company in which he owned a substantial interest. The settlement required him to undertake not to compete with the company. Later he was suspected to be acting in breach of the covenant, and his explanation was not accepted by the court. It was argued that the … Continue reading Brazier, Brazier Scaffolding Limited v Bramwell Scafolding (Dunedin) Limited, Harvey and Bramwell Scaffolding Limited: PC 18 Dec 2001
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the … Continue reading Regina v Doring: CACD 24 Jun 2002
The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she was, in law, male. Held: The 2004 Act had not been in force when the claimant began her action. The Court spoke … Continue reading Grant v The United Kingdom: ECHR 23 May 2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate. Held: The claimant’s right to respect for his home had been … Continue reading Keegan v United Kingdom: ECHR 18 Jul 2006
The applicant, after arrest, had been forced to regurgitate a bag of cocaine, there was a complaint that article 3 had been violated as well as article 6. Held: Even evidence which may properly be described as ‘independent of the will of the suspect’ which has been obtained by inhuman or degrading treatment may constitute … Continue reading Jalloh v Germany: ECHR 11 Jul 2006
Citations: [2006] UKSIAC 29/2004 – 2 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 06 September 2022; Ref: scu.249613
Citations: [2007] UKSIAC 15/2005 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 06 September 2022; Ref: scu.249608
Two widowers complained that the widows bereavement tax allowance given only to women after the death of a husband was discriminatory. Held: Whilst article 14 did not prevent different treatment in order to correct factual inequalities between the sexes, it would be discriminatory if, as here, there was no objective and reasonable justification. The original … Continue reading Hobbs, Richard, Walsh And Geen v United Kingdom: ECHR 14 Nov 2006
Citations: [2006] UKSIAC 33-41/2005 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 06 September 2022; Ref: scu.249617
Judges: Lady Paton Citations: [2014] ScotHC HCJAC – 15, 2014 GWD 7-140, 2014 SCL 249, 2014 SCCR 160 Links: Bailii Jurisdiction: Scotland Contempt of Court Updated: 04 September 2022; Ref: scu.524612
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Participation in the infringement – Obligation to state reasons – Fines – Turnover relevant – Extenuating Circumstances. Citations: T-375/06, [2011] EUECJ T-375/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431366
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Duration of the infringement. Citations: T-382/06, [2011] EUECJ T-382/06 Links: Bailii European Updated: 04 September 2022; Ref: scu.431365
ECFI Community trade mark – Opposition proceedings – Application for Community figurative Linea Natura Natur hat immer Stil – Earlier Community figurative mark natura selection – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8, paragraph 1, b) of Regulation (EC) No 40/94 [now Article 8, paragraph 1 b) … Continue reading Xxxlutz Marken v OHMI – Natura Selection (Linea Natura Natur Hat Immer Stil): ECFI 24 Mar 2011
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Liability for unlawful conduct. Citations: T-376/06, [2011] EUECJ T-376/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431360
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Fines – Deterrent effect. Citations: T-386/06, [2011] EUECJ T-386/06, [2011] 2 CMLR 50, [2011] EUECJ C-400/08 Links: Bailii European Updated: 04 September 2022; Ref: scu.431363
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Relevant turnover – Leniency Notice – Guidelines on the method of setting fines – Equal treatment. Citations: T-378/06, [2011] EUECJ T-378/06 Links: Bailii European, Commercial Updated: 04 September … Continue reading IMI And Others v Commission: ECFI 24 Mar 2011
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Community figurative mark TiMi KiNDERJOGHURT – Earlier word mark KINDER – Invalidity proceedings – Article 52(1)(a) – Article 8(1)(b) and (5) – Assessment of the similarity of the signs – Family of marks. Citations: C-552/09, [2011] EUECJ C-552/09 Links: Bailii European, Intellectual Property … Continue reading Ferrero v OHIM: ECJ 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Leniency Notice – Guidelines on the method of setting fines – Attenuating circumstances – Immunity from fines – Legitimate expectations – Equal treatment. Citations: T-381/06, [2011] EUECJ T-381/06 … Continue reading Fra.Bo v Commission: ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Determination of the starting amount of the fine – Proportionality. Citations: T-377/06, [2011] EUECJ T-377/06 Links: Bailii European, Commercial Updated: 04 … Continue reading Comap v Commission: ECFI 24 Mar 2011
ECFI Community trade mark – Application for Community word mark carcheck – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) of Regulation (EC) No 207/2009. Citations: T-14/10, [2011] EUECJ T-14/10 Links: Bailii Statutes: Regulation (EC) No 207/2009 European, Intellectual Property Updated: 04 September 2022; Ref: scu.431339
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Single and continuous infringement – Participation in the infringement. Citations: T-385/06, [2011] EUECJ T-385/06 Links: Bailii European Updated: 04 September 2022; Ref: scu.431337
ECFI Community trade mark – Invalidity proceedings – Community word mark AK 47 – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) and Article 52, paragraph 1, sub a) of Regulation (EC) No. 207/2009. Citations: T-419/09, [2011] EUECJ T-419/09 Links: Bailii European, Intellectual Property Updated: 04 September 2022; Ref: … Continue reading Cybergun v OHMI – Umarex Sportwaffen (Ak 47) (Intellectual Property): ECFI 24 Mar 2011
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Rights of the defense – Participation in the infringement – Duration of the infringement – Fines – Mitigating circumstances – Proportionality – Equal treatment. Citations: T-379/06, [2011] EUECJ T-379/06 Links: Bailii European, Commercial Updated: … Continue reading Kaimer And Others v Commission (Competition) French Text: ECFI 24 Mar 2011
ECFI Community trade mark – Invalidity proceedings – Community word mark AK 47 – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) and Article 52, paragraph 1, sub a) of Regulation (EC) No. 207/2009. Citations: T-503/09, [2011] EUECJ T-503/09 Links: Bailii Statutes: Regulation (EC) No. 207/2009 European, Intellectual Property … Continue reading Cybergun v OHMI – Umarex Sportwaffen (Ak 47): ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Aggravating circumstances. Citations: T-384/06, [2011] EUECJ T-384/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431355
ECFI EAGGF – Guarantee Section – Expenditure excluded from Community financing – Common Market Organization for sugar – Article 8, paragraph 1 of Regulation (EC) No 1663/95 and Article 11, paragraphs 1 and 2, the Regulation (EC) No 885/2006 – Risk of financial loss to the Fund – Principle of proportionality. Citations: T-184/09, [2011] EUECJ … Continue reading Greece v Commission: ECFI 24 Mar 2011
The claimant appealed against rejection of his human rights claim to prevent his deportation and return to Pakistan. Judges: Sir Anthony May P, Richards, Hugfhes LJJ Citations: [2011] EWCA Civ 322 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 04 September 2022; Ref: scu.431242
Out of country appeal against refusal to reconsider deportation order. Citations: [2011] EWCA Civ 348 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 04 September 2022; Ref: scu.431249
The claimant challenged the respondent’s finding that he had been intentionally homeless and therefore not entitled to emergency housing assistance. He said that the Authority had failed to comply with the required procedure. Held: Toulson LJ said: ‘The modern approach towards breach of a statutory procedural requirement is to consider the underlying purpose of the … Continue reading Dharmaraj v London Borough of Hounslow: CA 24 Jan 2011
The claimant sought to appeal against refusal of relief from payment of sums assessed by way of penalty, on the basis of hardship. HMRC argued that the right of appeal underthe 2007 Act had been taken away by the 1994 Act. Judges: Simon J Citations: [2012] QB 358, [2011] BVC 211, [2012] 2 WLR 435, … Continue reading Totel Ltd, Regina (on The Application of) v The First Tier Tribunal (Tax Chamber) and Others: Admn 24 Mar 2011
ECJ Copyright – Directive 2001/29/EC – Article 5(2)(b) – Article 5(5) – Reproduction rights – Fair compensation – Distance selling. Citations: [2011] ECR I-0000, C-462/09, [2011] EUECJ C-462/09 Links: Bailii Statutes: Directive 2001/29/EC 5(2)(b) Jurisdiction: European Cited by: Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011 The claimant alleged … Continue reading Stichting De Thuiskopie v Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH: ECJ 10 Mar 2011
ECJ State Failure – Introduction for free circulation of fresh bananas – Weight said does not match the actual weight – Duty of customs authorities to verify the declared weight – Community Customs Code – Regulation (EEC) No 2913/92 – Articles 68 ff – Regulation (EEC) No 2454/93 – Article 290a – Annex 38b – … Continue reading Commission v Portugal C-23/10: ECJ 17 Mar 2011
EAT PRACTICE AND PROCEDURE – New evidence on appealUNFAIR DISMISSAL – CompensationCONTRACT OF EMPLOYMENT – Written particularsAdmitting fresh evidence on appeal which ought to have been admitted by Employment Tribunal on review. It related to a matter not in issue at the original hearing but adjudicated on by Employment Tribunal. As a result of the … Continue reading World of Home Improvements Ltd v J Cooper-Frewer: EAT 24 Feb 2011
REPAYMENT SUPPLEMENT – VAT credit – Claim arising from 25 transactions – Single amount claimed – Amount shown in return was excess of input tax over output tax relating to all transactions of that period – Respondents dealt with claim by pursuing seven inquiries into seven groups of those transactions – Respondents paid the input … Continue reading Olympia Technology (No. 2) v Revenue and Customs: VDT 11 Jul 2006
Citations: [2012] UKSIAC 105/11 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 04 September 2022; Ref: scu.461824
Citations: 55066/00, [2007] ECHR 35 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 September 2022; Ref: scu.247731
The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US. Held: This was not a case where jurisdiction was resolved as of right, and it was for the defendant … Continue reading Royal and Sun Alliance Insurance Plc v Retail Brand Alliance Inc: QBD 24 Sep 2004
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part … Continue reading Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark Spokey – Earlier Community word mark SPOOKY – Declaration of partial invalidity – Article 53, paragraph 1 a) of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009 – Examination of evidence – … Continue reading Spokey v OHMI – Leder Jaeger (Spokey): ECFI 21 Jan 2016
ECJ Judgment – Reference for a preliminary ruling – Customs union – Community Customs Code – Article 29(1)(d) – Determination of the customs value – Regulation (EEC) No 2454/93 – Article 143(1)(h) – Definition of ‘related persons’ for the purposes of determining the customs value – Kinship relationship between the buyer, a natural person, and … Continue reading Valsts ienemumu dienests v Stretinskis: ECJ 21 Jan 2016
Claim for damages for unlawful immigration detention. Judges: Picken J Citations: [2015] EWHC 2079 (QB) Links: Bailii Jurisdiction: England and Wales Torts – Other Updated: 03 September 2022; Ref: scu.550924
The court was asked: ‘in deciding whether a foreign national facing deportation has been detained for too long, does time which he has spent appealing against deportation count? If it does, then sufficiently protracted legal proceedings will sooner or later secure his release however weak his case and however strong the reasons for detaining him. … Continue reading Secretary of State for The Home Department v Abdi: CA 9 Mar 2011
UKIAT In D v United Kingdom [1997] 24 EHRR 43, the claimant came into the exceptional category because he was beyond the reach of medical treatment, and hence no medical care obligation was placed on the expelling state. A seriously ill claimant who will, if he remains, require continuing medical treatment for the foreseeable future, … Continue reading GS (Article 3 – Health Exceptionality) India: UTIAC 24 Feb 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Effects within the common market – Notion of continuous infringement – Duration of the infringement – Limitation period – Fines – … Continue reading Siemens and Va Tech Transmission and Distribution v Commission T-124/07: ECFI 3 Mar 2011
The claimant sought judicial review of her detention under section 2 of the 1983 Act. Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011
The appellants challenged the ruling of the judge in the second trial of a conspiracy to import drugs allowing evidence to be admitted that a person acquitted by the direction of the judge in the first trial was a party to the conspiracy. Judges: Thomas LJ, Wilkie, Macur JJ Citations: [2011] EWCA Crim 345 Links: … Continue reading Regina v Austin and Another: CACD 24 Feb 2011
Citations: [2007] UKSIAC 51/2006 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 03 September 2022; Ref: scu.260245
Citations: [2006] UKSIAC 36/2005 – 3 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 03 September 2022; Ref: scu.249614
(French Text) Judges: Josep Casadevall, P Citations: 16023/07 French Text, [2010] ECHR 2225 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011 The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 … Continue reading Gutierrez Suarez v Spain: ECHR 1 Sep 2010
The claimant had sought a declaration as to the ownership of a patent, and now said that a witness had procured his earlier judgment by perjury. The witness now said that he had formed his statement against a feeling of oppression by the threat of a US lawsuit. Held: The decision in the first proceedings … Continue reading Cinpres Gas Injection Ltd v Melea Ltd: ChD 9 Oct 2006
Citations: [2006] EWCA Civ 1780 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 02 September 2022; Ref: scu.249124
Citations: [2006] EWCA Civ 1144 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 02 September 2022; Ref: scu.244457
Judges: Mummery, Sedley, Lloyd LJJ Citations: [2006] EWCA Civ 1182 Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 02 September 2022; Ref: scu.244460
Exempt Supply – services via internet introducing customers to potential lenders – no direct input by taxpayer into any actual contract concluded – whether exempt – yes – EC 6th Directive Article 13 – VATA s 31, Sch 9 Group 5. Citations: [2006] UKVAT V19632 Links: Bailii Jurisdiction: England and Wales VAT Updated: 02 September … Continue reading Smarter Money Ltd v Revenue and Customs: VDT 28 Jun 2006
The prosecution appealed against the refusal of the crown court to remit the case for retrial. Held: The court had no jurisdiction to entertain an appeal against this ruling because it was not within the ambit of section 29(2) of the 1996 Act. That may be satisfactory because it seemed to be common ground that … Continue reading Regina v Van Hoogstraten: CACD 12 Dec 2003
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002
Citations: [2006] UKSIAC 36/2005 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 02 September 2022; Ref: scu.249611
Citations: [2007] UKSIAC 38/2005 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 02 September 2022; Ref: scu.260246
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 24847/20, [2022] ECHR 596 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 September 2022; Ref: scu.679705
ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal protection of services based on conditional access – Illicit access device – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 3 Feb 2011
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010
The court was asked how, if at all, the Human Rights Act 1998 has affected a local authority’s defence of qualified privilege in defamation cases. The claimant had been placed on the Council’s Violent Persons Register after becoming very upset and angry with several council officials and expressing it. The Council had defended the consequent … Continue reading Clift v Slough Borough Council: CA 21 Dec 2010
The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement compensation under the 1978 Regulations. On remittal of the case, they had found … Continue reading Secretary of State for Justice v Slee: CA 24 Jan 2011
FTTTx Sub-contractors in the construction industry – Failure to make deductions from payments to sub-contractors – HMRC not satisfied payments taken into account on sub-contractors returns – determinations to pay amount not deducted – whether determinations in correct amount – amount partly reduced – insufficient evidence for further reduction – Appeal allowed in part – … Continue reading PVC Fascia Company v Revenue and Customs: FTTTx 24 Nov 2010
Citations: [2007] EWCA Civ 129 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 September 2022; Ref: scu.249231
Judges: Mr Justice Wilson Lord Justice Laws Lord Justice Carnwath Citations: [2006] EWCA Civ 541, [2006] ICR 1314, [2007] 1 WLR 508 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 September 2022; Ref: scu.241766
The employee was former managing director employed as consultant on a fixed term contract. After differences with the new management, he was off work with stress. The company sought to suspend him. He claimed that the company had repudiated the contract. Held: The power to suspend was part of the disciplinary procedure. He had been … Continue reading Leonard Batty v BSB Holdings (Cudworth) Ltd: CA 24 May 2002
‘what the appeal court should do when fresh evidence is adduced after a trial which allegedly shows that the judgment below was obtained by fraud, the conduct relied upon being that of a witness and of a party to the action which took place after the events in issue, and is unrelated to the issues … Continue reading Dale v Banga and Others: CA 24 Feb 2021
Citations: [2006] UKSIAC 39/2005 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 01 September 2022; Ref: scu.249616
The claimants challenged the imposition by the defendant of interim limits on (1) the number of applicants for entry clearance who may be issued with visas under Tier 1 (General) of the Points based system (PBS); and (2) the number of certificates of sponsorship (COS) that may be issued under Tier 2 (General) of the … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Dec 2010
A ticket inspector, following an altercation with a passenger during which strong words were exchanged, had held the passenger in a headlock. The court had found this to be within the course of his employment so as to make the employer vicariously liable. Held: The company’s appeal failed. Buxton LJ said: ‘His job was to … Continue reading Fennelly v Connex South Eastern Ltd: CA 11 Dec 2000
ECJ Freedom to provide services – Article 49 EC – Contractor established in a Member State – Recourse to contracting partners established in the same Member State – Purely internal situation – Inadmissibility of the reference for a preliminary ruling. Citations: C-245/09, [2010] EUECJ C-245/09 Links: Bailii European Updated: 31 August 2022; Ref: scu.427718
The claimant appealed against refusal of its challenge to an order declaring part its land to be a town or village green. Held: The term ‘neighbourhood within any locality’ in section 22(1A) can mean a singular neighbourhood or more than one neighbourhood.Sullivan LJ, dissenting mentioned the absurdity of the situation in a case such as … Continue reading Leeds Group Plc v Leeds City Council: CA 20 Dec 2010
ECFI Community trade mark – Application for Community figurative mark representing a square convex Green – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/200. Citations: T-282/09, [2010] EUECJ T-282/09 Links: Bailii Jurisdiction: European Intellectual Property Updated: 31 August 2022; Ref: scu.427324
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 and 7 – Regulation (EC) No 40/94 (‘Community Trade mark regulation’) – Articles 9 and 13 – Liability of an operator of electronic marketplace … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 9 Dec 2010
The court was asked whether the Employment Tribunal had jurisdiction to construe contractual terms and conditions contained or referred to in a written statement or particulars. Judges: Maurice Kay VP, Stanley Burnton, Jackson LJJ Citations: [2010] EWCA Civ 1442, [2011] IRLR 247, [2011] ICR 285 Links: Bailii Jurisdiction: England and Wales Employment Updated: 31 August … Continue reading Southern Cross Healthcare Co Ltd v Perkins and Others: CA 16 Dec 2010
Two claims for judicial review each brought by a former Afghan judge who is seeking leave to enter the UK. At the time that the proceedings were brought both were in Afghanistan, and it was common ground that they were at risk of persecution by the Taliban Judges: Lord Justice Underhill (Vice-President of the Court … Continue reading S and Another v Secretary of State for The Home Departmen and Another: CA 29 Jul 2022
ECJ Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 and of Article 17 of Council Regulation (EEC) No 2081/92 – Conflict between a protected geographical indication, registered in accordance with the simplified procedure under Article 17 of Regulation No 2081/92 and an international mark. Citations: C-120/08, [2010] EUECJ … Continue reading Bayerischer Brauerbund: ECJ 16 Sep 2010
VAT – EXEMPTION – Appellant made supplies of dismantling services to US Navy – whether the exemption under Article 151(1)(c) of the VAT Directive applied only to visiting NATO forces stationed in the UK – no – was the Appellant’s services exempt – yes – Appeal allowed Citations: [2009] UKFTT 323 (TC) Links: Bailii Jurisdiction: … Continue reading Able UK Ltd v The Commissioners for Revenue and Customs: FTTTx 24 Nov 2009
Citations: [2006] EWCA Civ 1258 Links: Bailii Jurisdiction: England and Wales Child Support Updated: 29 August 2022; Ref: scu.249066
Judges: Carnwath J Citations: [2005] EWCA Civ 447 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 29 August 2022; Ref: scu.224787
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
The appellant had sought compensation after compulsory acquisition of his land. He had beaten the final offer made by the respondent, but the tribunal had judged the landowner’s offer itself to be so high that it awarded only part of the costs. He appealed. Held: A finding as to the applicant’s own offer could not … Continue reading Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions: CA 15 Oct 2002
The complainant requested details of meetings with Thomas Cook Group. The Department for Transport originally relied on section 22 of the FOIA (intended for publication) to withhold the requested information, before later relying on section 43 (commercial interests) and section 35 (formulation of government policy) or section 36 (effective conduct of public affairs) ‘in the … Continue reading Department for Transport (Central Government): ICO 30 Apr 2021
proper construction of paragraph 276B of the Immigration Rules which relates to the grant of Indefinite Leave to Remain Judges: Lord Justice Arnold Lord Justice Dingemans And Lord Justice Warby Citations: [2022] EWCA Civ 1147 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 29 August 2022; Ref: scu.680246
The claimants were held in immigration detention and sought bail but were unable to provide prospective addresses. Judges: Nicol J Citations: [2010] EWHC 3151 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Criminal Practice Updated: 28 August 2022; Ref: scu.427024
ECJ Regulation (EEC) No 2454/93 – Provisions for the implementation of the Community Customs Code – Article 6(2) – Application for binding tariff information – Meaning of ‘one type of goods’. Citations: C-199/09, [2010] EUECJ C-199/09 Links: Bailii European Updated: 28 August 2022; Ref: scu.426881
EAT CONTRACT OF EMPLOYMENT – Construction of termUNLAWFUL DEDUCTION FROM WAGESOn the true construction of the pay protection provisions in the Terms and Conditions for Hospital Doctors a part-time Hospital Practitioner who took a training post in a lower grade was entitled to be paid in that post at the full-time equivalent of her pay … Continue reading Verma v Barts and The London NHS Trust: EAT 23 Nov 2010
The claimants sought the committal of the fourth defendant for contempt having broken his undertaking to the court to provide details of his means. Held: The terms of the undertaking were not ambiguous and could not be read in the way suggested by the defendant. The undertaking had itself been given to support the defendant’s … Continue reading Marketmaker Technology (Beijing) Co Ltd and Others v CMC Group Plc and Others: QBD 24 Jun 2009
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was passed after the demonstrations began. He said that the demonstration was a continuing one, and the the Act … Continue reading Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 8 May 2006
Citations: [2006] EWCA Civ 1800 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 August 2022; Ref: scu.249121
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003
The defendant appealed by case stated against a conviction for driving a lorry without due care and attention, leading to the death of another road user. There had been an unexplained swing of the rear of his trailer out into the path of the other vehicle. Held: It was plainly open to the magistrates to … Continue reading Bingham, Regina (on the Application of) v Director of Public Prosecutions: Admn 7 Feb 2003