(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several offences. The most serious was for an assault with a weapon which … Continue reading Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016
Appeals – Competition – Agreements, decisions and concerted practices – Graphite electrodes – Article 81(1) EC – Fines – Guidelines on the method of setting fines – Leniency Notice – Principle of non bis in idem. Citations: C-308/04, [2006] EUECJ C-308/04 Links: Bailii Jurisdiction: European Commercial Updated: 26 August 2022; Ref: scu.243009
Europa Community competition rules – National rules concerning lawyers- fees – Setting of professional scales of charges – Freedom to provide services. Citations: [2006] EUECJ C-202/04 Links: Bailii Jurisdiction: European Legal Professions Updated: 26 August 2022; Ref: scu.246796
CJEU Competition – Distribution agreement relating to motor vehicles – Block exemption – Regulation (EC) No 1475/95 – Article 5(3) – Termination by the supplier – Reorganisation of the network – Entry into force of Regulation (EC) No 1400/2002 – Article 4(1) – Hardcore restrictions – Consequences Citations: [2006] EUECJ C-376/05 Links: Bailii Jurisdiction: European … Continue reading A Bruensteiner Gmbh C-376/05: ECJ 30 Nov 2006
Citations: [2006] EWCA Civ 1807 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 26 August 2022; Ref: scu.249122
The defendant appealed his conviction saying that the prosecution should have been stayed permanently because of the delay in bringing the case. He had been sentenced to 7 years imprisonment for sexual assaults committed in the 1970s. Held: A permanent stay should be exceptional. It was an exercise of judicial assessment based upon experience rather … Continue reading Regina v S (Crime: delay in prosecution): CACD 6 Mar 2006
Judges: Hodge J Citations: [2005] EWHC 531 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Martin v Kaisary and Another (1) CA 16-Mar-2005 Substitution of other party after limitation period expiry. The court considered the Law Committee’s recommendations on limitation and noted the intention to allow the addition of defendants out of … Continue reading Martin v Kaisary and Another: QBD 5 Apr 2005
Citations: [2005] EWCA Civ 469 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 26 August 2022; Ref: scu.224786
LT LANDLORD AND TENANT – service charges – lease provisions relating to payment of service charges varied by verbal agreement – one tenant insisting on reverting to strict lease provisions – whether legal costs incurred by landlord in pursuing two tenants for unpaid service charges reasonably incurred – appeal successful in part – applications under … Continue reading Fernandez v Shanterton Second Management Company Ltd: LT 13 Nov 2007
The applicant challenged refusal of permission for his proposed one bedroom ‘earthship dwelling’. He ran an ostrich farm on the land, and wished to occupy it instead of the caravan presently occupies with temporary permission. Held: The appeal failed. The test of the inspector’s report was that the reasons given have to deal with the … Continue reading Rencher-Paine v Secretary of State for Communities and Local Government and Another: Admn 2 Mar 2011
Citations: 35524/06, [2010] ECHR 1684 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 August 2022; Ref: scu.425695
ECJ Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Fire fighters employed in the public sector – Operational service – Article 6(b) and Article 22(1)(b) – Maximum weekly working time – Refusal to work longer than that time – Compulsory transfer to another … Continue reading FUSS (Social Policy): ECJ 14 Oct 2010
Norris J held: ‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an … Continue reading BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010
The appellant sought leave to appeal against an order for his deportation. He had overstayed after expiry of his exceptional leave to remain, and had been convicted of several less serious offences. He was now in administrative detention pending deportation. Judges: Sedley LJ Citations: [2010] EWCA Civ 1007 Links: Bailii Jurisdiction: England and Wales Immigration … Continue reading YM (Eritrea) v Secretary of State for The Home Department: CA 19 Aug 2010
Judges: Ward, Jacob, Patten LJJ Citations: [2010] EWCA Civ 1039 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Novartis Ag and Another v Johnson and Johnson Medical Ltd and Others PatC 29-Jul-2009 The court held that although JandJ’s Oasys contact lenses fall within the scope of claims 1 and 24 of Novartis’ EP … Continue reading Novartis Ag and Another v Johnson and Johnson Medical Ltd and Another: CA 29 Sep 2010
Renewed application for leave to appeal against order for return to Jamaica. Judges: Sedley LJ Citations: [2010] EWCA Civ 1012 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.424790
The claimant sought judicial review and a declaration as to damages saying that her detention by immigration authorities had been unlawful. Judges: Blake J Citations: [2010] EWHC 2397 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Torts – Other Updated: 24 August 2022; Ref: scu.424780
The respondent appealed against an order for the release of the claimant from administrative detention, saying that the court should have disregarded when calculating the length of the detention, and time spent awaiting the appeal. Judges: Pill, Rimer, Peter Smith LJJ Citations: [2010] EWCA Civ 1015 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 … Continue reading Abdi, Regina (on The Application of) v Secretary of State for the Home Department: CA 28 Jul 2010
Judges: Sedley LJ Citations: [2010] EWCA Civ 1008 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.424791
(French Text) The Spanish Newspaper El Mundo published an article defamatory of the petitioners. It was based on computer disks of company accounts authenticated by an accountant dismissed by the company. The Spanish Constitutional Court had applied a relevant principle of Spanish law described as ‘due diligence’, namely that if such publication is to be … Continue reading Polanco Torres And Movilla Polanco v Spain: ECHR 21 Sep 2010
Citations: 43795/07, [2010] ECHR 1356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.424746
ECFI Community trade mark – Opposition proceedings – Application for Community figurative i GAI – YGAY national word mark and trade marks and figurative Marques de Murrieta YGAY – Relative grounds for refusal – Genuine use of earlier mark – Article 43, paragraphs 2 and 3 of Regulation (EC) No 40/94 [now Article 42, paragraphs … Continue reading Villa Alme v Ohmi – Marques De Murrieta (I Gai) (Intellectual Property) French Text: ECFI 21 Sep 2010
The claimant renewed his application for leave to appeal against the respondent’s refusal to revoke an order for his deportation. Judges: Sedley LJ Citations: [2010] EWCA Civ 1009 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.424794
(Antigua and Barbuda) The company appealed against an award of severance pay to several employees. Held: The appeal failed. A collective agreement was in place with the unions, but a method of calculating severance pay on redundancy had not been agreed, so the company settled on paying four weeks’ pay for each year of service … Continue reading Cable and Wireless (West Indies) Ltd v Tonge (Deceased) and Others: PC 28 Sep 2010
ECJ (Opinion) Social policy – Equal treatment between men and women – Legal age of retirement differ for men and women – Loss of conventional special protection against dismissal, therefore, what the legal age of retirement – Dismissal an employee who has reached the legal age of retirement – Discrimination based on sex as regards … Continue reading Pensionsversicherungsanstalt v Kleist: ECJ 16 Sep 2010
ECFI Dumping – Imports of steel ropes and cables originating, inter alia, in India – Breach of an undertaking – Principle of proportionality – Article 8(1), (7) and (9) of Regulation (EC) No 384/96 (now Article 8(1), (7) and (9) of Regulation (EC) No 1225/2009). Citations: T-119/06, [2010] EUECJ T-119/06 Links: Bailii European Updated: 24 … Continue reading Usha Martin v Council and Commission (Commercial Policy): ECFI 9 Sep 2010
ECFI Competition – Cartels – industrial plastic bags – Decision finding an infringement of Article 81 EC – Duration of the infringement – Fines – Gravity of the infringement – Attenuating circumstances – Cooperation during the administrative procedure – Proportionality. Citations: T-26/06, [2010] EUECJ T-26/06 Links: Bailii European, Commercial Updated: 24 August 2022; Ref: scu.424197
ECJ (Opinion) Appeal – Community trade mark – Article 8(4) of Regulation No 40/94 – Opposition by the proprietor of the appellation of origin Bud – Use in the course of trade – Sign of more than mere local significance. Judges: Cruz Villalon AG Citations: C-96/09, [2010] EUECJ C-96/09 – O Links: Bailii Statutes: Regulation … Continue reading Anheuser-Busch v Budejovicky Budvar: ECJ 14 Sep 2010
ECFI Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). Citations: T-149/08, [2010] EUECJ T-149/08 Links: Bailii Statutes: Regulation (EC) No 207/2009 European, Intellectual … Continue reading Abbott Laboratories v OHMI – Arigen (Sorvir): ECFI 13 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v France C-50/08: ECJ 14 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v Greece C-61/08: ECJ 14 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v Belgium C-47/08: ECJ 14 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v Germany C-54/08: ECJ 14 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v Luxembourg C-51/08: ECJ 14 Sep 2010
ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of … Continue reading Commission v Austria C-53/08: ECJ 14 Sep 2010
ECFI Competition – Agreements, decisions and concerted practices -Spanish market for the purchase and first processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Consistency between the statement of objections and the contested decision – Rights of the defence – Definition of the relevant market – … Continue reading Deltafina v Commission (Competition): ECFI 8 Sep 2010
Europa Industrial and commercial property – Legal protection of biotechnological inventions – Directive 98/44/EC – Article 9 – Patent protecting a product containing or consisting of genetic information – Material incorporating the product – Protection – Conditions. Citations: [2010] EUECJ C-428/08 Links: Bailii Statutes: Directive 98/44/EC 9 Citing: See Also – Monsanto Technology (Industrial Policy) … Continue reading Monsanto Technology LLC v Cefetra BV, Cefetra Feed Service BV, Cefetra Futures BV, Alfred C. Toepfer International GmbH, Intervener in support of the defendant: Argentine State: ECJ 6 Jul 2010
The claimant challenged his continued detention under immigration powers pending removal. Judges: Cranston J Citations: [2010] EWHC 2265 (Admin) Links: Bailii Immigration Updated: 24 August 2022; Ref: scu.424078
Citations: [2010] EWHC 2261 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.424084
Judges: Pelling QC J Citations: [2010] EWHC 2259 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.424086
Europa Community trade mark – annulment procedure – Community word mark PORTO ALEGRE – Earlier national word mark VISTA ALEGRE – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) and Article 53, paragraph 1 a) of Regulation (EC) No 207/2009. Citations: T-369/09, [2010] EUECJ T-369/09 Links: Bailii Statutes: Regulation … Continue reading Quinta Do Portal v Ohmi – Vallegre (Porto Alegre) (Intellectual Property): ECFI 8 Sep 2010
Europa Community trade mark – Opposition proceedings – Application for Community word mark ScorpionExo – Earlier national figurative mark Escorpion – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) N – 40 / 94 [now Article 8, paragraph 1 b) of Regulation (EC) No 207/2009]. Citations: … Continue reading Kido v OHMI – Amberes (Scorpionexo) (Intellectual Property): ECFI 8 Sep 2010
ECJ Community trade mark – Application for Community word Hunter – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 40/94 [now Article 7, paragraph 1 c) of Regulation (EC) No 207/2009] – Limitation of goods listed in the trademark application. Citations: T-505/08, [2010] EUECJ T-505/08 Links: … Continue reading Nadine Trautwein Rolf Trautwein v OHIM (Hunter) (Intellectual Property): ECFI 9 Sep 2010
Europa Community trade mark – Opposition proceedings – Application for the Community figurative mark Archer Maclean’s Mercury – Earlier national word mark Merkur – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). Citations: T-106/09, [2010] EUECJ T-106/09 Links: … Continue reading ADP Gauselmann v OHMI – Maclean (Archer Maclean’s Mercury): ECFI 9 Sep 2010
(England) Probate, Divorce and Admiralty Divisions (In Prize) Citations: [1918] UKPC 109, [1919] AC 272 Links: Bailii Jurisdiction: England and Wales Transport Updated: 24 August 2022; Ref: scu.423478
Citations: [1918] UKPC 105 Links: Bailii Transport Updated: 24 August 2022; Ref: scu.423477
Citations: [1918] UKPC 113 Links: Bailii Transport Updated: 24 August 2022; Ref: scu.423479
Eastern Africa Citations: [1918] UKPC 98 Links: Bailii Commonwealth Updated: 24 August 2022; Ref: scu.423480
Applications for relief from sanctions and consequential matters. Judges: Hart J Citations: [2004] EWHC 24 (Ch) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 24 August 2022; Ref: scu.392845
Citations: 4548/02, [2006] ECHR 445 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.243734
Lord Tenterden CJ contrasted the powers of an ordinary citizen and of a police constable to make an arrest. Unlike a private citizen: ‘a constable, having reasonable ground to suspect that a felony has been committed, is authorised to detain the party suspected until inquiry can be made by the proper authorities.’ Judges: Lord Tenterden … Continue reading Beckwith v Philby: KBD 1827
Judges: Cranston J Citations: [2008] EWHC 859 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, European Updated: 24 August 2022; Ref: scu.270045
The police challenged the decision of the defendant to delay the implementation of the pay award made by an independent pay review body. Citations: [2008] EWHC 1173 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 24 August 2022; Ref: scu.270071
Citations: [2004] DRS 1729 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 24 August 2022; Ref: scu.226649
Judges: Eady J Citations: [2005] EWHC 2816 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See also – Armstrong v Times Newspapers Ltd and others QBD 17-Dec-2004 Eady J said: ‘repetitive and loose talk about questions can convey the impression there are reasonable grounds to suspect.’ . . See also – Armstrong v Times Newspapers … Continue reading Armstrong v Times Newspapers Ltd and others: QBD 7 Dec 2005
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35. Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does that the jury must conclude that the only sensible explanation of his failure to give … Continue reading Regina v Becouarn: HL 28 Jul 2005
Citations: [2003] EWCA Civ 362 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.181306
An investment company made an abortive attempt to take over another. It sought to set off against its Corporation Tax, the costs of the professional advice incurred. Held: The expenses were deductible. Judges: Lord Justice Chadwick Vice-Chancellor, The Vice-Chancellor Lord Justice Carnwath Citations: [2004] EWCA Civ 541, Times 27-May-2004, Gazette 03-Jun-2004, [2004] BTC 190, [2004] … Continue reading Atkinson (HM Inspector of Taxes) v Camas Plc: CA 6 May 2004
Judges: Lord Reed, President, Lord Hodge, Deputy President, Lady Black, Lord Lloyd-Jones, Lord Sales Citations: [2021] UKSC 7 Links: Bailii, Bailii Summary, Bailii Issues and Facts Jurisdiction: England and Wales Citing: At Admn – Begum v Secretary of State for The Home Department Admn 7-Feb-2020 Challenge to refusal of entry clearance to be allowed to … Continue reading Begum, Regina (on The Application of) v Special Immigration Appeals Commission and Another: SC 26 Feb 2021
Challenge to refusal of entry clearance to be allowed to fight decision to withdraw citizenship. Held: The court granted permission to apply for judicial review but dismissed the substantive claim for judicial review of the LTE decision. Judges: Elisabeth Laing J Citations: [2020] EWHC 74 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal … Continue reading Begum v Secretary of State for The Home Department: Admn 7 Feb 2020
Judges: Strauss QC Hhj Citations: [2008] EWHC 2203 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See also – Moriarty and others v Various Customers of BA Peters Plc (In Administration) ChD 29-Apr-2008 The company had acted as boat sales and brokerage. Claims were made on its insolvency as to the status of boats sold … Continue reading Moriarty and Another v Various Customers of BA Peters Plc (In Administration): ChD 22 Jul 2008
A financial adviser was not liable in negligence for the allegedly negligent selection of sub-underwriters. On the issue of knowing receipt in a claim for restitution, ‘What the decision in Belmont (No 2) . . shows most clearly is that in a ‘knowing receipt’ case it is only necessary to show that the defendant knew … Continue reading Eagle Trust Plc v SBC Securities Ltd; Same v Sbci Bank Corporation Investment Banking Ltd: ChD 28 Sep 1994
The increase of percentage of time from part time to full time occupation, could not itself constitute a material change so as to be treatable as a new profession. Citations: Times 25-Nov-1997, Gazette 19-Nov-1997 Jurisdiction: England and Wales Income Tax Updated: 24 August 2022; Ref: scu.80258
The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999
Solicitors were not entitled to payment of their costs in the administration of the estate after the will had been challenged. Judges: Lloyd J Citations: Gazette 02-Aug-1996, Times 23-Jul-1996 Jurisdiction: England and Wales Cited by: Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004 The solicitors sent a will to the client for … Continue reading Gray v Richards Butler (A Firm): ChD 24 Jun 1996
The complainant has requested information regarding the introduction of Universal Credit and its effect on disabled people. The Commissioner’s decision is that the Department for Work and Pensions holds no further information within the scope of the request, but that it failed to respond to the request within 20 working days. The DWP therefore breached … Continue reading Department for Work and Pensions (Central Government): ICO 24 Jun 2019
The complainant has requested particular reports believed to be held by Department for Work and Pensions. The Commissioner’s decision is that Department for Work and Pensions held requested information at the time of the request but one requested report was latterly routinely destroyed, in accordance with its Information Management Policy. The Commissioner finds that the … Continue reading Department for Work and Pensions (Central Government): ICO 20 Jun 2019
Judges: His Honour Judge Mark Rogers Citations: [2014] EWHC 1772 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.526074
The complainant requested information relating to a review of the Charity Commission for Northern Ireland. The Department for Communities NI (the DfC) claimed that the request was not valid as the requestor had not used his real name. It therefore refused to comply with the request. The Commissioner’s decision is that the DfC has failed … Continue reading Department for Communities (Northern Ireland) (Central Government): ICO 3 Mar 2021
The complainant has requested information on Senior Civil Servants disciplined for wrongdoing. The Department of Health and Social Care (DHSC) refused the request under section 12 of the FOIA as it would exceed the cost limit to comply. The Commissioner’s decision is that the DHSC was entitled to refuse the request under section 12 of … Continue reading Department of Health and Social Care (Central Government): ICO 2 Mar 2020
(Ontario) A particular statute was not within the competence of the Dominion Parliament. Judges: Viscount Haldane, Dunedin, Atkinson, Wrenbury, Salvesen LL Citations: [1925] UKPC 2 Links: Bailii Commonwealth, Constitutional Updated: 23 August 2022; Ref: scu.422488
The claimant had been convicted of a sex offence and ordered to be deported after his release from prison. He had lived in the UK for 26 years and had a family. Held: The deportation order was disproportionate. The measures complained of interfered with both the applicant’s private life and his family life, and were … Continue reading Steven O Omojudi v United Kingdom: ECHR 24 Nov 2009
Citations: 36202/03, [2006] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 August 2022; Ref: scu.248152
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of … Continue reading Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010
EAT AGE DISCRIMINATIONREDUNDANCY – Protective awardThe Tribunal did not err in law in concluding that in the age discrimination claim the burden of proof passed to the Appellant nor that the Respondent had failed to discharge it.In making a protective award, the Tribunal did not err in law in not including a discretionary bonus scheme … Continue reading Canadian Imperial Bank of Commerce v A Beck: EAT 24 Aug 2010
ECJ Commercial Policy – Regulation (EEC) No 2913/92 – Customs Code – Article 212a – Regulation (EEC) No 2454/93 – Article 292 – Regulation (EEC) No 88/97 – Article 14 – Anti-dumping duty – Bicycle frames. Citations: C-371/09, [2010] EUECJ C-371/09 Links: Bailii Jurisdiction: European Commercial Updated: 22 August 2022; Ref: scu.421313
Citations: [2006] EWCA Civ 938 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 22 August 2022; Ref: scu.242974
(Iran) ‘Does it amount to persecution according to these broad tests if the clandestine character of the homosexual activity which there has been in the past and will be on return in the future is itself the product of fear engendered by discriminatory legislation or policing which itself violates the individual’s human rights?’ Held: The … Continue reading J v Secretary of State for the Home Department: CA 26 Jul 2006
Leases contained break clauses which the tenant purported to exercise. The landlord replied that they were ineffective because the tenant had not complied with his repair covenants. The dispute appeared settled after negotiations, and the settlement was embodied in an agreement. The tenant did not vacate the premises in time, and the landlord said the … Continue reading Legal and General Assurance Society Ltd v Expeditors International (Uk) Ltd: CA 24 Jan 2007
W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989
For a party making a claim under the contract, the requirement was for ‘written particulars of such claim (giving detail of the specific matter as are available to the purchaser in respect of which such claim is made).’ Held: ‘Every notification clause turns on its own individual wording.’ Judges: The Honourable Mrs Justice Gloster DBE … Continue reading RWE Nukem Limited v AEA Technology Plc: QBD 28 Jan 2005
The complainant submitted a request to the Foreign, Commonwealth and Development Office (FCDO) seeking information about a visit David Cameron had made to Bahrain in January 2017. The FCDO provided the complainant with a digest of information falling within the scope of his request but redacted parts of it on the basis of sections 27(1)(a) … Continue reading Foreign, Commonwealth and Development Office (Central Government): ICO 24 Nov 2020
The applicant newspaper had quoted a letter defamatory of a politician which had earlier been published by another paper in the context. The Court said: ‘of its reportage about the then pending defamation proceedings against Mr Heller [the author of the letter] which, involving several . . politicians on the one hand and a well-known … Continue reading Verlagsgruppe News Gmbh v Austria: ECHR 14 Dec 2006
The Claimants claimed damages against the Defendant for alleged abuses arising during the course of the Kenyan Emergency during the 1950s. Judges: Stewart J Citations: [2018] EWHC 1305 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016 The defendant sought … Continue reading Kimathi and Others v The Foreign and Commonwealth Office: QBD 24 May 2018
Application to cross examine translators of claimant witness statements. Judges: Stewart J Citations: [2016] EWHC 3004 (QB), [2017] 1 WLR 1067, [2016] WLR(D) 623 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: See Also – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016 The defendant sought to have struck out … Continue reading Kimathi and Others v The Foreign and Commonwealth Office (Cross examination request): QBD 24 Nov 2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3. Held: The court’s overriding duty to seek justice beween the parties could … Continue reading Kimathi and Others v The Foreign and Commonwealth Office (Strike out): QBD 24 Nov 2016
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. Judges: Christopher Clarke J Citations: [2010] EWHC 2219 (QB), [2010] 2 CLC 329, [2010] EWHC 2352 … Continue reading JSC BTA Bank v Ablyazov and Others: QBD 24 Aug 2010
Citations: 15916/09, [2010] ECHR 1110 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – 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 … Continue reading Dbouba v Turkey: ECHR 13 Jul 2010
Citations: 6909/08, [2010] ECHR 1108 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – 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 … Continue reading Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010
A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4). Judges: Judge Milwyn Jarman QC Citations: [2010] EWHC 1557 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010
The asylum seeker appealed rejection of her request not to be returned home. The decision letter had applied the test under Hariri. Held: The decision letter invoked the wrong test. Since the Hariri case the case of Batayav had clarified the correct standard. The applicant did not need to show a probability of harm but … Continue reading Regina (Kpangni) v Secretary of State for the Home Department: QBD 21 Apr 2005
The applicant had applied to the tribunal with regard to his entitlement to job-seeker’s allowance, but withdrew his application before the hearing. The tribunal had nevertheless heard the case and held against him. He appealed that finding. The appeal tribunal said it itself had no jurisdiction to hear the appeal. Held: There was no discretion … Continue reading Rydqvist v Secretary of State for Work and Pensions: CA 24 Jun 2002
The appellant sought refugee status. He was a wealthy man, but his life and that of his family had been threatened in Colombia unless he paid 10,000,000 pesos per month to Marxist guerillas. Held: Such a threat was not sufficient to warrant refugee status. The threat did not arise from a well founded fear of … Continue reading Montoya v Secretary of State for the Home Department: CA 9 May 2002
‘Owing to the absolute character of the right guaranteed, the court does not rule out the possibility that article 3 of the Convention may also apply where the danger emanates from persons or groups of persons who are not public officials. However, it must be shown that the risk is real and that the authorities … Continue reading HLR v France: ECHR 29 Apr 1997
Supreme Court of Canada Appellant testified at his trial for drug trafficking and, at the close of his defence, brought an application for a stay of proceedings on the basis of entrapment. His testimony indicated that he had persistently refused the approaches of a police informer over the course of six months, and that he … Continue reading Regina v Mack: 15 Dec 1988
The complainant requested information relating to the BBC’s spend on the World Service. The BBC responded that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of journalism, art or literature and so was not … Continue reading BBC (Other): ICO 24 Feb 2021
RESTRICTIVE COVENANT- modification – conversion and extension of dwelling house into self-contained apartments – no outstanding objections – whether the persons entitled to the benefit of the restrictions agreed to modification – ground (b) not established – practical benefits of substantial value or advantage where there are no objections – application granted – Law of … Continue reading Dartmouth and Another: LT 8 Jun 2006
Consideration of the true meaning and effect of Article 36(1) of what may be called the Waste Shipment Regulation: Regulation (EC) No 1013/2006 Citations: [2019] EWCA Crim 20 Links: Bailii Jurisdiction: England and Wales Crime, European Updated: 19 August 2022; Ref: scu.639304
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
The applicant sought compensation for the killing of her husband by soldiers in Northern Ireland. She had previously brought a claim against the Ministry of Defence for aggravated damages in respect of the same matter. That claim had been settled for andpound;50,000. Held: Since the applicant had used ‘the local remedies available’, she could no … Continue reading Caraher v The United Kingdom: ECHR 11 Jan 2000