The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010
The complainant has requested information held by City of York Council (the council) about York City Football Club and its contribution to the funding of a new community stadium. The council disclosed some information in response to the complainant’s request and then, during the Commissioner’s investigation, confirmed that a small amount of additional information could … Continue reading City of York Council (Local Government): ICO 24 Oct 2019
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 46051/19, [2022] ECHR 524 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.678981
ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’.Advocate General Alber said: ‘The concept of waste underlying Community law on waste is defined in article 1(a) of Directive 75/442. According to that definition, ‘waste’ means ‘any substance or object in the categories set out in Annex I which the holder discards or intends … Continue reading Arco Chemie Nederland v Minister van Volkshuisvesting, Ruimtelijke Ordening in Milieubeheer: ECJ 15 Jun 2000
UTLC Leasehold enfranchisement – costs – initial notices – basis of assessment – costs of proceedings – unreasonable conduct – appeal allowed in part – section 33 Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 10 Schedule 12 Commonhold and Leasehold Reform Act 2002 Citations: [2010] UKUT 81 (LC) Links: Bailii Jurisdiction: England … Continue reading Drax v Lawn Court Freehold Ltd: UTLC 24 Mar 2010
The manager of a service station had accepted deliveries of ‘off road’ diesel on behalf of his employer, who had then sold it on without payment of duty. The judge had felt constrained (‘contrary to his commonsense view of the true benefit’) to conclude that the manager who had been paid pounds 15,000 by his … Continue reading Sivaraman, Regina v: CACD 24 Jul 2008
The Crown Court had made a criminal bankruptcy order in the sum of andpound;5,000 but failed to identify how that was to be distributed between the offences. The judge subsequently, but after the 28 day period provided by section 11(2) of the 1971 Act, purported to rectify the court’s order. Held: He was entitled to … Continue reading Regina v Saville: CACD 24 Jan 1980
In the tax year 1974/75 a taxpayer company voted to award bonuses to its two directors and controlling shareholders and credited the sums to accounts with the company from which the directors were free to draw. The directors did not draw on those sums. The Inland Revenue assessed the company to tax, arguing that the … Continue reading Garforth (Inspector of Taxes) v Newsmith Stainless Ltd (Chancery Division): ChD 21 Nov 1978
Income Tax, Schedule E-Income Tax on employees’ Hilaries voluntarily paid by company – Income Tax Act, 1842 (5 and 6 Viet., c. 35), Section 146, Schedule E-Income Tax Act, 1853 (16 and 17 Viet., c. 34), Section 2, Schedule E. Citations: [1926] UKHL TC – 10 – 247, (1926) 24 Ll L Rep 94, 10 … Continue reading Hartland v Diggines (HM Inspector of Taxes): HL 22 Jan 1926
1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to determine whether judges fall within that concept, subject to the condition … Continue reading O’Brien v Ministry of Justice: ECJ 1 Mar 2012
The Applicant AB, a lesbian woman aged 37, applied for contact to twin boys, E and F, aged 3. In making that application, she described herself as the boys’ ‘parent’; she ws so defined on the boys’ birth certificates. For the first 17 months of their lives, she fulfilled a parental role, as an integral … Continue reading AB v CD: FD 24 May 2013
The court was asked as to the application of Section 25(1) of the Sale of Goods Act 1979 when an unpaid supplier of bunkers to a time charterer claims against the owner of the vessel. Held: The issue was whether as a matter of fact there was a voluntary act by the buyers in possession … Continue reading Angara Maritime Ltd v Oceanconnect UK Ltd and Another: QBD 29 Mar 2010
The mother and father had been married and had a child. They separated, and she claimed income support. The father was assessed to be liable to Child Support, but he was assessed to a nil contribution. He found work and the assessment was increased. When there was a brief reconciliation, he applied for cancellation of … Continue reading SL v Child Maintenance and Enforcement Commission: UTAA 11 Dec 2009
Citations: 46605/07, [2010] ECHR 565 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 Charahili v Turkey: ECHR 13 Apr 2010
SERVICE CHARGES – scaffolding erected in connection with cyclical repairs – whether costs reasonably incurred – whether associated agent’s fees reasonable and reasonably incurred – Landlord and Tenant Act 1985 s19 – appeal allowed Citations: [2006] EWLands LRX – 60 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 17 August 2022; Ref: scu.240453
Citations: [2010] EWCA Civ 214 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 16 August 2022; Ref: scu.406524
(Belize) Challenge was made to an Act removing certain constititutional rights which Act was passed without a referendum. The Act amending the constitution to require further amendments to follow a referendum did not itself follow the constitutional requirements. Held: While the obligation to hold a Part II referendum would necessarily be triggered by some stage … Continue reading The Prime Minister of Belize, The Attorney General of Belize v Vellos, Dawson and Others: PC 24 Mar 2010
ECJ Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 for calculating the notice period – Justification for the measure – National legislation contrary to the directive – Role of the national … Continue reading Kucukdeveci v Swedex GmbH and Co KG: ECJ 19 Jan 2010
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004
ECJ 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-289/04, [2006] EUECJ C-289/04 Links: Bailii Jurisdiction: European Commercial Updated: 16 August 2022; Ref: scu.243010
ECJ Appeal – Competition – Article 81(1) EC – Distribution of motor vehicles – Meaning of ‘agreements between undertakings’ – Proof of the existence of an agreement. Citations: C-74/04, [2006] EUECJ C-74/04 Links: Bailii Jurisdiction: European Commercial Updated: 16 August 2022; Ref: scu.243105
A company’s senior employees had been given an option to subscribe for its shares at the then current market price, the option being exercisable at any time within the next ten years. The employees were thus incentivised to increase the company’s prosperity. The option was non-transferable and would expire on the employee’s death or retirement. … Continue reading Abbott v Philbin (Inspector of Taxes): HL 21 Jun 1960
Europa The concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of … Continue reading Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996
External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002
Viscount Cave said: ”… My Lords, there is force in this argument, but I am not prepared to say that in the present case it should prevail. It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the … Continue reading P Samuel and Co v Dumas: HL 1924
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the repudiation. The arbitrator had set off the profit … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015
Citations: [2014] EWHC 4264 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 16 August 2022; Ref: scu.540247
ECHR Article 35-1Six month periodSubmission of an application form signed by proxy by a person unknown: inadmissibleFacts – The applicant, a Burundian national, complained of a refusal by the Netherlands authorities to grant him asylum. The final domestic ruling was sent to him on 24 August 2010. On 23 February 2011 the applicant’s representative sent … Continue reading Ngendakumana v The Netherlands (Dec): ECHR 5 Feb 2013
ECHR Article 35-1Six month periodSubmission of original application form outside eight weeks allowed by Practice Direction on the Institution of Proceedings: inadmissibleFacts – The applicant, an Iraqi national, complained of a refusal by the Netherlands authorities to grant him a residence permit. The final domestic ruling in respect of his first request for such a … Continue reading Abdulrahman v The Netherlands (Dec): ECHR 5 Feb 2013
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay. Held: The position was not acte claire, and the case … Continue reading British Airways Plc v Williams and Others: SC 24 Mar 2010
The father sought the return of his child to England after he was granted an application for contact. Held: The procedures were inadequate, but a contact order was not an judgment requiring the return of a child to the UK. The court set out a recommended practice for such applications. Judges: Singer J Citations: [2007] … Continue reading In re A, HA v MB (Brussels II revised: article 11(7) application): FD 24 Aug 2007
The child had been born in Illinois as a result of a commercial surrogacy arrangement which would have been unlawful here. The parents applied for a parental order under the 2008 Act. Held: The order was made, but in doing so he court had to give retrospective approval to the payments. Hedley J emphasised that … Continue reading In re L (A Minor) (Commercial Surrogacy): FD 8 Dec 2010
SC Kymab alleged that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The patents were concerned with biotechnology, and in particular the production of human antibodies using transgenic mice. By the priority date, the potential uses … Continue reading Regeneron Pharmaceuticals Inc v Kymab Ltd: SC 24 Jun 2020
Statement of Facts Citations: 7678/09, [2010] ECHR 247 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the … Continue reading Van Colle and Van Colle v The United Kingdom: ECHR 9 Feb 2010
CJEU Failure of a Member State to fulfil obligations – Sixth VAT Directive – Exemptions – Article 13B(a) – Insurance transactions – Body providing road assistance services. Citations: [2006] EUECJ C-13/06 Links: Bailii Jurisdiction: European VAT Updated: 15 August 2022; Ref: scu.246854
A company had a profit-sharing scheme for its employees. When it decided to merge with a larger company, the trustees concluded that the scheme was no longer viable. They wound it up and distributed the funds among the employees. Held: The distributions to the employees were taxable as profits from employment.Lord Kilbrandon rejecting an argument … Continue reading Brumby (Inspector of Taxes) v Milner: HL 27 Oct 1976
Judges: The Honourable Mr Justice Foskett Citations: [2012] EWHC 1896 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Housing Updated: 15 August 2022; Ref: scu.462432
The complainant has requested information relating to the mandatory requirement to wear face coverings. The Commissioner’s decision is that the Department of Health and Social Care (DHSC) has correctly cited section 35(1)(a) in response to the request. The Commissioner does not require DHSC to take any steps as a result of this decision notice. FOI … Continue reading Department of Health and Social Care (Central Government): ICO 24 May 2021
Longmore LJ said: ‘Chapter 4 of Part 6 of the 2004 Act was intended to deal (inter alia) with the notorious abuse of landlords requiring deposits from prospective tenants but not keeping the sums paid in any separate account or refusing to repay such sums at the end of the tenancy.’ Judges: Lord Neuberger of … Continue reading UK Housing Alliance (North West) Ltd v Francis: CA 24 Feb 2010
The claimant sought to be allowed to make an opening from his rear garden to a roadway to allow him vehicular access, provided he could cross the strip of land between his house and the road. The strip belonged to the defendants. The claimant said it was part of the public highway. When the remaining … Continue reading Sinclair v Kearsley and Others: CA 24 Feb 2010
ECJ Community Customs Code – Article 24 – Non-preferential origin of goods – Origin-conferring processing or working – Silicon blocks originating in China – Separation, crushing and purification of the blocks and the sieving, sorting by size and packaging of the grains in India – Dumping – Validity of Regulation (EC) No 398/2004. Citations: C-373/08, … Continue reading Hoesch Metals And Alloys v Hauptzollamt Aachen: ECJ 11 Feb 2010
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997
(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010
Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom two young children and a mother whose health would not allow her … Continue reading King v The United Kingdom: ECHR 26 Jan 2010
The claimants asked the court to exercise jurisdiction over a yacht purchased by the defendant company incorporated and domiciled in France with money from the insolvent company. Held: The court did not have jurisdiction. Article 2 of the regulation applied so as to require the matter to go before the courts in France. The exception … Continue reading Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010
The complainant has requested from Sheffield City Council, information relating to a limited company’s rateable occupation of a particular property. Sheffield City Council refused the request, citing the exemption at section 31 (law enforcement) of the FOIA. The Commissioner’s decision is that Sheffield City Council was entitled to rely on section 31(1)(c) of the FOIA … Continue reading Sheffield City Council (Local Government): ICO 24 Oct 2019
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 53267/18, [2022] ECHR 572 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.679024
The complainant, a firm of solicitors acting on behalf of two clients, has requested information associated with the ICO’s decision to publish particular information in her report: ‘Investigation into the use of data analytics in political campaigns’. The ICO released some information having redacted some of it under sections 31(1)(g)(law enforcement) and 40(2)(personal data) of … Continue reading Information Commissioner’s Office (Other): ICO 24 Oct 2019
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. Judges: Akenhead J Citations: [2009] EWHC 3419 (TCC), [2010] Eu LR 397, 128 Con LR 36, (2010) 26 Const LJ 191 Links: Bailii Statutes: Public Contracts Regulations 2006 Citing: Cited – Jobsin Co … Continue reading European Dynamics Sa v HM Treasury: TCC 23 Dec 2009
Trial of a claim by the Prosecutor against the Third Claimant that it was not the true (or the sole) beneficial owner of a flat in London’s Docklands which had previously been identified as part of the realisable assets of the Defendant when a confiscation order was made against him by the Crown Court. Citations: … Continue reading Revenue and Customs Prosecutions Office v May and Another: QBD 22 Jul 2009
The applicant appealed refusal of leave to enter. He now asked for an in-country appeal and for removal to be suspended. Judges: Mr Justice Sullivan Citations: [2006] EWHC 244 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 13 August 2022; Ref: scu.239903
ECHR Judgment (Just satisfaction) Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings. Citations: [1983] ECHR 2, 7525/76, (1983) 5 EHRR 573 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 50 Jurisdiction: Human Rights Citing: See Also – Dudgeon v The United Kingdom ECHR 22-Oct-1981 ECHR (Plenary Court) Legislation … Continue reading Dudgeon v The United Kingdom: ECHR 24 Feb 1983
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to … Continue reading Dudgeon v The United Kingdom: ECHR 22 Oct 1981
The claimant, a strong supporter of the Palestinian cause came properly to the UK, but when it was discovered that the defendant had already decided that his continued presence would not be conducive to the public good, he was detained in anticipation of being deported. On release on bail he now applied for judicial review … Continue reading Mahajna (Salah) v Secretary of State for The Home Department: Admn 30 Sep 2011
A woman who was black and a prostitute established a ground of discrimination contrary to article 14 by reference to the interaction of all three factors Citations: 47159/08 – CLIN, [2012] ECHR 1904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – A and B, Regina (on The Application … Continue reading BS v Spain: ECHR 24 Jul 2012
ECJ Opinion – Interpretation of Article 17(3)(a) of the Sixth VAT Directive – Transactions carried out with the sole aim of obtaining a tax advantage – Provision of vehicle leasing services in the United Kingdom by the German subsidiary of a bank established in the United Kingdom. Judges: Mazak AG Citations: C-277/09, [2010] EUECJ C-277/09 … Continue reading Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings: ECJ 30 Sep 2010
Landlords appealed against a ruling that the ‘full market value’ of the presents to be paid by the tenants on exercising an option contained in their lease was to be set by reference to its intended use. Held: The appeal succeeded. The words ‘full market value’ were to be construed as meaning what they said. … Continue reading Multi-Link Leisure Developments v North Lanarkshire Council: SCS 30 Dec 2009
Applications to correct suggested error in earlier order for stay. Judges: Teare J Citations: [2009] EWHC 3267 (Comm), [2010] 1 All ER (Comm) 1040, [2009] 2 CLC 967 Links: Bailii Citing: See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009 Appeal against disclosure orders made in support of freezing order. . . … Continue reading JSC BTA Bank v Ablyazov and Others (Rev 1): ComC 11 Dec 2009
Citations: [2008] EWHC 249 (Admin) Links: Bailii Citing: See Also – Mucelli v Albania and Another Admn 15-Nov-2007 . . Cited by: See Also – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009 The House was asked whether someone who wished to appeal against an extradition order … Continue reading Mucelli v Secretary of State for The Home Department: Admn 18 Jan 2008
ECJ Common Customs Tariff – Community Customs Code Article 24 Non-preferential origin of goods Definition of ‘substantial processing or working’ Criterion for a change of tariff heading Steel cables manufactured in North Korea using stranded steel wire originating in China. Citations: C-260/08, [2009] EUECJ C-260/08 Links: Bailii European, Customs and Excise Updated: 11 August 2022; … Continue reading Bundesfinanzdirektion West v Heko Industrieerzeugnisse: ECJ 10 Dec 2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009
Citations: 3243/03, [2008] ECHR 450 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.268085
The complainant submitted three requests to the Foreign and Commonwealth Office (FCO) seeking information about contracts awarded to the company IN2. The FCO confirmed that it had awarded two contracts to the company and provided details of the payments made to it. However, it explained that it considered the further information about the contracts sought … Continue reading Foreign, Commonwealth and Development Office (Central Government): ICO 24 Sep 2020
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 24655/16, [2022] ECHR 507 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.678964
The claimant sought judicial review of a decision of the responent not to allow him to remain. Citations: [2008] EWHC 2098 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 09 August 2022; Ref: scu.276248
CJEU (Competition) Competition – ‘Cartels’ – Dutch market for industrial and medical gases ‘ Price fixing’ Proof of participation in the cartel – Proof of distancing – Principles of non-discrimination and proportionality – Calculation of fines. Citations: [2006] EUECJ T-303/02 Links: Bailii Jurisdiction: European Commercial Updated: 09 August 2022; Ref: scu.246798
A home will usually be the place, the physically defined area, where private and family life develops and that the individual has a right to the quiet enjoyment of that area. Citations: 59909/00, [2006] ECHR 916, (2006) 45 EHRR 871, (2007) 45 EHRR 38 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Giacomelli v Italy: ECHR 2 Nov 2006
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The claimant worked for the local authority under a series of contracts. The employer denied that she had been continuously employed and there was no ‘irreducible minimum mutual obligation necessary to create a contract of service’. There were times when she had no work. Held: Given the authorities there was ample reason to find a … Continue reading Cornwall County Council v Prater: CA 24 Feb 2006
PC Isle of Man (Staff of Government Division) Citations: [2004] UKPC 57 Links: Bailii, PC Jurisdiction: England and Wales Commonwealth Updated: 09 August 2022; Ref: scu.222462
The applicants appealed sentences for possession of offensive weapons. Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As … Continue reading Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days. Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over … Continue reading Hartley and Others v King Edward VI College: SC 24 May 2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017
ECHR Judgment Merits and Just Satisfaction : Court Grand Chamber Citations: 16483/12, [2016] ECHR 1124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Chamber Judgment – Khlaifia And Others v Italy ECHR 1-Sep-2015 . . Endorsed – De Souza Ribeiro v France ECHR 13-Dec-2012 (Grand Chamber) A Brazilian man was arrested … Continue reading Khlaifia And Others v Italy: ECHR 15 Dec 2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
On an application for an order to suspend enforcement of an order for removal, the court or tribunal would take due account of four factors. The fourth was: ‘that in cases where the central issue is whether the offender has sufficiently been rehabilitated to diminish the risk to the public from his behaviour, the experience … Continue reading Gheorghiu (Reg 24Aa EEA Regs – Relevant Factors): UTIAC 24 Nov 2015
(1) Key features of ss.117A-117D of the Nationality, Immigration and Asylum Act 2002 include the following: (a) judges are required statutorily to take into account a number of enumerated considerations. Sections 117A-117D are not, therefore, an a la carte menu of considerations that it is at the discretion of the judge to apply or not … Continue reading Dube (Ss117A-117D): UTIAC 24 Feb 2015
Article 8 requires that an appeal against a deportation order by reference to it should be effective. The court (a) cited at para 65 the decision of the ECtHR in W v United Kingdom (1988) 10 EHRR 29, para 64, to the effect that article 8 required that parents who had sought contact with a … Continue reading Gudanaviciene and Others, Regina (on The Application of) v The Director of Legal Aid Casework and Others: CA 15 Dec 2014
The claimant had alread challenged the validity of the defendant’s registered trade mark, but sought to do so now on grounds which could have been advanced in the earlier case. The claimant owned the trade mark ‘SPAM’ for canned meats, and the defendant had the mark ‘SPAMBUSTER’ for computer programs. Held: The claim was estopped. … Continue reading Hormel Foods Corporation v Antilles Landscape Investments NV: ChD 24 Jan 2005
The claimant challenged the lawfulness of the policy and practice applied by the Secretary of State for the Home Department in the operation of the Detained Fast Track, DFT. This is the policy for the detention of some asylum seekers, while their asylum claims are determined first by the SSHD, and then while they appeal … Continue reading Detention Action v Secretary of State for The Home Department: Admn 9 Jul 2014
The AG applied for permission under the 2013 Act to have closed material placed before the court in answer to the claimant’s allegations that as an agent of the Royal Ulster Constabulary, he had suffered after not receiving the protection promised. Judges: Mitting J Citations: [2014] EWHC 2248 (QB) Links: Bailii Statutes: Justice and Security … Continue reading McGartland and Another v The Attorney General: QBD 8 Jul 2014
The applicant sought relief under the 2004 Regulations after, as agent for several Conservative party candidates, had had distributed election materials which had not correctly included the necessary details identifying the printer etc. Held: Relief was granted. Judges: Nicol, Popplewell JJ Citations: [2014] EWHC 2244 (QB) Links: Bailii Statutes: European Parliamentary Elections Regulations 2004 Jurisdiction: … Continue reading Mabbutt (on His Own Behalf and On Behalf of The Conservative Party): QBD 8 Jul 2014
The claimants challenge what is said to be the continuing failure of the Secretary of State for Justice (‘the Secretary of State’) to make adequate provision for so called approved premises to accommodate women released from prison on licence. The claimants are women prisoners approaching the date on which they will be considered for release … Continue reading Griffiths v Secretary of State for Justice: Admn 19 Dec 2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
(Fifth Section) The applicant complained, in particular, that his continued pre-trial detention had been unjustified and that he had not been legally represented in the early stages of the criminal proceedings. Held: The court summarised the general principles that are to be found in Salduz. It stated that, as a rule, access to a lawyer … Continue reading Borotyuk v Ukraine: ECHR 16 Dec 2010
Applications for directions by the administrators of twenty companies in two groups, all raising the same common questions as to the effect of the Financial Support Direction regime created by the Pensions Act 2004 upon companies in administration or insolvent liquidation.Briggs J said that Lord Hoffmann’s speech in Toshoku established as ‘a general rule’ that: … Continue reading Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010
Citations: [2009] EWCA Civ 1241 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 August 2022; Ref: scu.381572
The applicant defendants sought to have excluded from the effect of restrictions on their dealing with property, property which was held under trusts. Held: The applications were rejected. There were well established rules allowing trustees indemnity in appropriate cases from the trust funds, and parliament had intended the 2002 Act to cover both personal and … Continue reading Assets Recovery Agency v Szepietowski and Others: ChD 19 Mar 2009
The first respondent applied for the freezing and receiving orders in relation to two properties and chattels obtained by the first respondent under the 2002 Act to be discharged on the footing that the Agency Director has not shown that she has a good arguable case that the property is, or includes, recoverable property as … Continue reading Szepietowski v Assets Recovery Agency: Admn 28 Nov 2006
A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010