Search Results for: Art 24 EC

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Department of Health and Social Care (Central Government): ICO 7 Aug 2020

The complainant has requested all reports produced by the National Support Team for the Response to Sexual Violence in 2011/12. The Department of Health and Social Care (DHSC) withheld the information, citing the exemption under section 41 of the FOIA (information provided in confidence). The Commissioner’s decision is that DHSC has correctly engaged section 41(1) … Continue reading Department of Health and Social Care (Central Government): ICO 7 Aug 2020

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

Yarrow v Edwards Chartered Accountants: EAT 8 Jun 2007

EAT WORKING TIME REGULATIONS Holiday Pay Appeal allowed against Chairman’s order dismissing complaint without considering all information supplied by parties (ET Rule 27(6)). Application of working year, rather than calendar year computation of a day’s pay for purpose of arrears of pay/holiday pay. Interest on awards made by EAT. Citations: [2007] UKEAT 0116 – 07 … Continue reading Yarrow v Edwards Chartered Accountants: EAT 8 Jun 2007

Maslov v Austria: ECHR 22 Mar 2007

Citations: 1638/03, [2007] ECHR 224 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Rainford, Regina (on the Application of) v Secretary of State for the Home Department Admn 17-Oct-2008 The claimant had been in England since he was 11, and was now 38. He had been repeatedly … Continue reading Maslov v Austria: ECHR 22 Mar 2007

Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006

The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006

Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: CA 1983

Mr Betts appealed a refusal of accomodation by Eastliegh who had said he had no local connection, but had lived in Blaby. Held: Lord Justice Stephenson the chief housing officer ‘did fetter the council’s decision by a rigid application of the suggested definition of normal residence [in the Agreement on Procedures]’ and allowed his appeal. … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: CA 1983

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

Tower Boot Company Limited v Jones: CA 11 Dec 1996

An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996

Wandsworth London Borough Council v D’Silva and Another: CA 9 Dec 1997

The council wanted to change its Code of Practice on Staff Sickness. Employees objected. The Council argued that the Code was not part of the employment contract, and that in any event the contract reserved to the council the right to alter the terms and conditions. Held: A Code of Practice was to be interpreted … Continue reading Wandsworth London Borough Council v D’Silva and Another: CA 9 Dec 1997

Lambeth London Borough Council (Decision Notice): ICO 12 May 2010

ICO The complainant made a request to the London Borough of Lambeth Council for the trial bundle and case file with regards to legal proceedings concerning a residential property within the borough. The Commissioner finds that the request should have been considered under the Environmental Information Regulations (EIR). The Commissioner has investigated the complaint and … Continue reading Lambeth London Borough Council (Decision Notice): ICO 12 May 2010

BBC (Decision Notice) FS50272469: ICO 16 Nov 2009

The complainant requested information regarding the British Broadcasting Corporation’s (the BBC’s) decision to dismiss Carol Thatcher from The One Show. The BBC initially withheld some of the requested information, citing section 12 of the Freedom of Information Act (the Act) as it was claimed that the request exceeded the fees limit. However, the BBC subsequently … Continue reading BBC (Decision Notice) FS50272469: ICO 16 Nov 2009

Elgizouli, Regina (on Application of) v The Secretary of State for The Home Department: Admn 22 Sep 2020

Challenge to grant of assistance to US authorities. Judges: Dame Victoria Sharp P Qbd Mr Justice Garnham Citations: [2020] EWHC 2516 (Admin), [2020] WLR(D) 520, [2021] 3 All ER 247 Links: Bailii, WLRD Jurisdiction: England and Wales International, Criminal Practice Updated: 06 August 2022; Ref: scu.654031

NHS South West London Clinical Commissioning Group (Health): ICO 24 Sep 2020

The complainant requested information from NHS Merton Clinical Commissioning Group about proposals for Wilson Health and Wellbeing Campus. During the Commissioner’s investigation, NHS Merton Clinical Commissioning Group merged to become part of NHS South West London Clinical Commissioning Group (‘the CCG’), with the latter taking on the functions of the former. The CCG’s position is … Continue reading NHS South West London Clinical Commissioning Group (Health): ICO 24 Sep 2020

South Cambridgeshire District Council (Local Government): ICO 24 Jun 2020

The complainant has requested information regarding an outline application for the building of nine dwellings. South Cambridgeshire District Council answered some questions. It also explained that it did not hold some of the requested information, citing regulation 12(4)(a) (information not held at the time of the request) of the EIR. The Commissioner’s decision is that … Continue reading South Cambridgeshire District Council (Local Government): ICO 24 Jun 2020

The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: ChD 12 Dec 2018

Challenge to search warrants issued under the 1998 Act. Judges: Justice Marcus Smith Citations: [2018] EWHC 3448 (Ch) Links: Bailii Statutes: Competition Act 1998 28 Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017 The Authority had obtained and executed a search warrant … Continue reading The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: ChD 12 Dec 2018

Revenue and Customs v Imperial College of Science, Technology and Medicine: UTTC 24 Jun 2016

VAT – partial exemption – CVCP Agreement between universities and HMRC – Fleming claim to recover residual VAT on overheads of academic departments – whether HMRC approved a new non – CVCP retrospective partial exemption special method (PESM) from 1973 to 1994- whether a combined PESM and business/non-business method was ultra vires – FTT held … Continue reading Revenue and Customs v Imperial College of Science, Technology and Medicine: UTTC 24 Jun 2016

Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others: ComC 30 Jul 2013

The vessel ‘Ocean Victory’ grounded in 2006 entering a port in a storm. Held: In the first action, that the intermediate charterers were liable to the demise charterers for breach of the safe port warranty in the time charter, and likewise, in the third-party proceedings, that the charterers were liable to the intermediate charterers for … Continue reading Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others: ComC 30 Jul 2013

Mosley v The United Kingdom: ECHR 22 Oct 2009

Citations: 48009/08, [2009] ECHR 1840 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008 The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website. Held: A claimant’s Article 8 rights may be engaged even where … Continue reading Mosley v The United Kingdom: ECHR 22 Oct 2009

Sviluppo Italia Basilicata v Commission: ECJ 29 Oct 2009

ECJ (Regional Policy) Appeal European Regional Development Fund (ERDF) Overall allocation for the implementation of incentive measures for small and medium-sized enterprises (SMEs) operating in the Region of Basilicata Regulation (EEC) No 4253/88 Article 24 Reduction of assistance initially granted by the ERDF Commission’s discretion Regulation (EEC) No 4253/88 Articles 25 and 26 Monitoring and … Continue reading Sviluppo Italia Basilicata v Commission: ECJ 29 Oct 2009

Secretary of State for the Department for Work and Pensions v Alam: EAT 9 Nov 2009

EAT DISABILITY DISCRIMINATIONReasonable adjustmentsSection 4A(1) and (3) of the Disability Discrimination Act 1995.The Tribunal found that employer had failed to make a reasonable adjustment when it gave the Claimant a 12 month written warning for leaving work early without asking for or obtaining permission. On appeal, the Employment Appeal Tribunal held: no basis in fact … Continue reading Secretary of State for the Department for Work and Pensions v Alam: EAT 9 Nov 2009

Regina v London Borough of Ealing, Ex parte Lewis: CA 1992

The court was asked as to the issue of a local housing authority’s power under the 1989 Act, to expend money on ‘the repair, maintenance, supervision and management of houses and other property’. Held: The phrase should be given ‘a wide construction’ (Lloyd LJ) and Woolf LJ: it should receive ‘a generous interpretation’. Judges: Lloyd … Continue reading Regina v London Borough of Ealing, Ex parte Lewis: CA 1992

Webber v Department for Education: ChD 19 Dec 2014

Appeal by Mr Webber against a determination by the Deputy Pensions Ombudsman dismissing a complaint by Mr Webber against the Department for Education in relation to the recovery of an overpayment of his pension under the Teachers’ Pension Scheme. Judges: Nugee J Citations: [2014] EWHC 4240 (Ch) Links: Bailii Jurisdiction: England and Wales Employment Updated: … Continue reading Webber v Department for Education: ChD 19 Dec 2014

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 (UK) No. 0,819,258, the Patent was invalid. The ground of invalidity was insufficiency (patent law jargon for failure to comply with Art. 83 of the EPC). The Judge rejected JandJ’s contentions that the Patent … Continue reading Novartis Ag and Another v Johnson and Johnson Medical Ltd and Others: PatC 29 Jul 2009

NATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another: TCC 16 Oct 2009

Application for transfer of claim from QBD to TCC. Akenhead J considered an application to transfer a claim from the Chancery Division to the Technology and Construction Court. After reviewing the authorities, he said: ‘It is probably unnecessary to enter into a debate as to precisely what the pre-CPR test was for the transfer of … Continue reading NATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another: TCC 16 Oct 2009

Hussein v Secretary of State for the Home Department: Admn 21 Oct 2009

The complaint as to a detention pending a decision on whether one of the exceptions to automatic deportation applies. Judges: Nicol J Citations: [2009] EWHC 2492 (Admin), [2010] Imm AR 320 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department … Continue reading Hussein v Secretary of State for the Home Department: Admn 21 Oct 2009

JL, Regina (On the Application of) v Secretary Of State for Justice: Admn 7 Oct 2009

Judges: Laws LJ Citations: [2009] EWHC 2416 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003 Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated … Continue reading JL, Regina (On the Application of) v Secretary Of State for Justice: Admn 7 Oct 2009

Unilever UK Plc v Hickinson and Sodexo Limited: EAT 24 Jun 2009

EAT VICTIMISATION DISCRIMINATIONThe First Respondent was employed by the Second Respondent in security at the premises of the Appellant. The Appellant required the Second Respondent to remove the First Respondent after he was discovered making covert recordings of the Appellant’s staff. The Second Respondent did not have an alternative position for the First Respondent and … Continue reading Unilever UK Plc v Hickinson and Sodexo Limited: EAT 24 Jun 2009

Commission v Germany (Freedom To Provide Services): ECJ 10 Jan 2009

ECJ Opinion – Failure of a Member State to fulfil obligations Infringement of Article 49 EC and Paragraph 13 of Chapter 2 of Annex XII to the 2003 Act of Accession Interpretation and application by the national administrative authorities of an intergovernmental agreement between Germany and Poland on the posting of workers from Polish undertakings … Continue reading Commission v Germany (Freedom To Provide Services): ECJ 10 Jan 2009

Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

The Court in the context of detention pending deportation, concluded: ‘In sum, in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to deportation and setting time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against … Continue reading Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

Gauci v Malta: ECHR 15 Sep 2009

Judges: Nicolas Bratza, P Citations: 47045/06, [2009] ECHR 1280, (2011) 52 EHRR 25 Links: Bailii Statutes: European Convention on Human Rights Citing: Grand Chamber – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. The court considered the need for establishing a fair balance in cases under A1P1: ‘Not only must an interference with the right of … Continue reading Gauci v Malta: ECHR 15 Sep 2009

Pishchalnikov v Russia: ECHR 24 Sep 2009

(First Section) The applicant was interrogated while he was under arrest in police custody. He asked for the assistance of a lawyer during his interrogation, but this was disregarded by the investigator who proceeded to question him. It was argued that his decision then to confess his guilt to the investigator constituted an implied waiver … Continue reading Pishchalnikov v Russia: ECHR 24 Sep 2009

Edward Szuluk v United Kingdom: ECHR 3 Jun 2009

The prisoner complained that the prison had monitored his conversations and communications with his doctor. Held: The actions were a violation of the prisoner’s article 8 rights. Judges: L Garlicki, P and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, P. Hirvela, L. Bianku and N. Vucinic, Deputy Section Registrar F. Araci Citations: [2009] ECHR … Continue reading Edward Szuluk v United Kingdom: ECHR 3 Jun 2009

Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

The defendant appealed against a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

Plato Plastik Robert Frank Gmbh v Caropack Handelsgesellschaft Mbh: ECJ 16 Feb 2006

ECJ Article 104, paragraph 3, second paragraph, of the Rules of Procedure -‘ Directive 94/62/EC – ‘Packaging and packaging waste -‘ Concepts of packaging manufacturer and manufacturer of packaging materials – ‘Manufacturer plastic bags with handles’ Citations: C-26/05, [2006] EUECJ C-26/05, [2006] ECR I-24 Links: Bailii Statutes: Directive 94/62/EC Jurisdiction: European European Updated: 04 August … Continue reading Plato Plastik Robert Frank Gmbh v Caropack Handelsgesellschaft Mbh: ECJ 16 Feb 2006

Copland v The United Kingdom: ECHR 3 Apr 2007

The applicant had been an employee. In the course of a dispute with her employer, she discovered that the principal had been collecting information about her telephone calls, emails and internet usage. Held: The collection of such material without any explicit legal power by her employer, as a statutory body, was an abuse of her … Continue reading Copland v The United Kingdom: ECHR 3 Apr 2007

Banks v United Kingdom: ECHR 6 Feb 2007

The applicants complained of maltreatment by prison officers in breach of article 3. The matter had been investigated by the Crown Prosecution Service which had decided not to prosecute. Civil proceedings had been raised and settled. The applicants contended that, even after all that, an independent public inquiry should be held, since it was the … Continue reading Banks v United Kingdom: ECHR 6 Feb 2007

Associated Society of Locomotive Engineers and Firemen (Aslef) v The United Kingdom: ECHR 27 Feb 2007

The Union complained that it had not been allowed to expel from its membership a member of the far right BNP party. They said that his views were incompatible with the union’s stated objectives. There was no related closed shop. Held: The provisions were an interference with the Union’s right of free association, and the … Continue reading Associated Society of Locomotive Engineers and Firemen (Aslef) v The United Kingdom: ECHR 27 Feb 2007

Shirvaniyev v Russia: ECHR 21 Jun 2022

ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 22470/18, [2022] ECHR 499 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.678974

London Borough of Merton Council (Local Government): ICO 24 Sep 2020

The complainant has requested information on Schedule 5 (Payment Mechanism) of a particular 24 year contract between the London Borough of Merton (‘the Council’) and IdVerde. The Council initially cited section 43 – Commercial interests, as its basis for withholding the requested information. Later relying on section 41 FOIA – Information provided in confidence. During … Continue reading London Borough of Merton Council (Local Government): ICO 24 Sep 2020

UK Research and Innovation (Other): ICO 24 Feb 2021

The complainant requested information from Research England, part of UK Research and Innovation (‘UKRI’), about a successful application for funding for a University Enterprise Zone. UKRI disclosed part of the application, but withheld some information under the following exemptions of the FOIA: section 41(1) – information provided in confidence, section 43(1) – trade secrets, and/or … Continue reading UK Research and Innovation (Other): ICO 24 Feb 2021

Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

Hornsby v Greece: ECHR 19 Mar 1997

Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved – Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial awardThe rights recognised under the Convention must be given effect to by signatory states. Citations: 18357/91, (1997) 24 EHRR 250, [1997] ECHR 15, [1998] ECHR 26, [1998] ECHR 26, [1997] ECHR … Continue reading Hornsby v Greece: ECHR 19 Mar 1997

Co-operative Retail Services Ltd v Taylor Young Partnership, Hoare Lea and Partners (a Firm) and Others: CA 4 Jul 2000

A building owner entered into a standard form of building contract for the construction of office premises. Under its terms the contractor was required to take out and maintain a policy in the names of the owner, the contractor and specialist electrical subcontractors, Hall, for all risks insurance covering loss or damage to the works … Continue reading Co-operative Retail Services Ltd v Taylor Young Partnership, Hoare Lea and Partners (a Firm) and Others: CA 4 Jul 2000

Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994

The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994

Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act. Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. Judges: Guido Raimondi, P Citations: 40378/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 924, [2015] HLR … Continue reading Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

BBC (Decision Notice) FS50523299: ICO 23 Jan 2014

The complainant has requested photographs taken in Zambia on 24 October 1964. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. He therefore upholds … Continue reading BBC (Decision Notice) FS50523299: ICO 23 Jan 2014

Repertoire Culinaire Ltd v Revenue and Customs: FTTTx 24 Apr 2009

FTTTx EXCISE DUTIES – Cooking wine and cooking cognac – whether subject to excise duty as ethyl alcohol – whether exempt from excise duty under art. 27.1 of Directive 92/83/EEC – whether s.4FA 1995 adequately implements art. 27.1(f) of the Directive – whether a reference should be made to the Court of Justice – Skatterverket … Continue reading Repertoire Culinaire Ltd v Revenue and Customs: FTTTx 24 Apr 2009

Department for Education (Central Government): ICO 17 Jul 2020

The complainant has requested details of schools included in a pilot scheme relating to selling surplus school land for housing. The Department for Education (DfE) refused the request under the exceptions at regulation 12(4)(d) and 12(5)(e) of the EIR. The Commissioner’s decision is that the DfE has correctly applied the regulation 12(4)(d) exception and the … Continue reading Department for Education (Central Government): ICO 17 Jul 2020

Ramiz Jafarov v Azerbaijan: ECHR 16 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 40424/12, [2022] ECHR 487 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 August 2022; Ref: scu.678970

Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant … Continue reading Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jul 2006

Judges: Goudie QC HHJ Citations: [2006] EWHC 1761 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions CA 28-Jun-2007 Whether a person who is entitled to income support and who would otherwise be entitled to disability premium as … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jul 2006

Tsfayo v The United Kingdom: ECHR 14 Nov 2006

The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006

Salesi v Italy: ECHR 26 Feb 1993

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: [1993] ECHR 14, 13023/87, (1998) 26 EHRR 187 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – A, Regina (on the Application of) v London Borough … Continue reading Salesi v Italy: ECHR 26 Feb 1993

Metropolitan Police Service (Police and Criminal Justice): ICO 24 Jul 2017

The complainant has requested information about meetings held in respect of a particular investigation by the Metropolitan Police Service (the ‘MPS’). The Commissioner’s decision is that, although it has complied with section 10(1) in confirming that information is held, and 17(1) in stating which exemptions are to be relied upon, by failing to complete its … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 24 Jul 2017

Department for International Development (Central Government): ICO 18 Dec 2017

The complainant has requested information regarding contracts between the Department for International Development (DfID) and external organisations. DfID aggregated the requests as provided under section 12(4) of the Act and refused to comply with the requests citing section 12(1) of the Act. The Commissioner’s decision is that DfID is entitled to aggregate the requests under … Continue reading Department for International Development (Central Government): ICO 18 Dec 2017

Vibroplant Ltd v Holland (HM Inspector of Taxes): CA 1980

The use of the buildings for servicing and repairing the plant which Vibroplant wished to hire out, was an essential part of Vibroplant’s business of plant hire operators and part of their trade. Although not required to decide the point, the court expressed a view as to whether the repair and servicing of the plant … Continue reading Vibroplant Ltd v Holland (HM Inspector of Taxes): CA 1980

Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held … Continue reading Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Westminster City Council v Clifford Culpin and partners: CA 18 Jun 1987

It was questionable whether plaintiffs should be allowed the benefit of the full limitation period with virtual impunity where the facts are known and there is no obstacle to the speedy institution and prosecution of claims. Judges: Kerr LJ Citations: Unreported, 18 June 1987, Transcript No 592 of 1987 Jurisdiction: England and Wales Cited by: … Continue reading Westminster City Council v Clifford Culpin and partners: CA 18 Jun 1987

Tarjomani v Panther Securities Ltd: CA 1983

The tenant disputed whether he had surrendered the property in the lease. Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates when the tenant is a party to a transaction that is inconsistent with the continuation of … Continue reading Tarjomani v Panther Securities Ltd: CA 1983

Barton v Wright Hassall Llp: SC 21 Feb 2018

The claimant, a litigant in person, purported to serve his statement of claim by email, but had not first sought the defendant’s agreement as required. The solicitors allowed the limitation period to expire without acknowledging service. The claimant now appealed against his claim being struck out for limitation. Held: The appeal failed. The decision was … Continue reading Barton v Wright Hassall Llp: SC 21 Feb 2018

Jim Ennis Construction Ltd v Premier Asphalt Ltd: TCC 24 Jul 2009

The court was asked as to the date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the 1996 Act later begins proceedings to seek a final determination of the matters decided by the adjudicator with a view to recovering monies paid to the winning … Continue reading Jim Ennis Construction Ltd v Premier Asphalt Ltd: TCC 24 Jul 2009

Verity, Regina (On the Application of) v Chief Constable Of North Yorkshire Police: Admn 24 Jul 2009

The claimant had joined the police force as a probationary constable. He was dismissed because the chief constable considered that restrictions which they would have to place on his deployments because of events before he was taken on, made his deployment untenable. He had been found not guilty of sexual offences against young girls, but … Continue reading Verity, Regina (On the Application of) v Chief Constable Of North Yorkshire Police: Admn 24 Jul 2009

JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

MMI Research Ltd v Cellxion Ltd and Others: ChD 24 Sep 2007

The claimant had accidentally disclosed a confidential document it should not have done. The defendant argued that there had been a waiver of privilege. Held: Applying Al Fayed, it could not in these circumstances be said that the mistake was obvious. Judges: Mann J Citations: [2007] EWHC 2456 (Ch) Links: Bailii Jurisdiction: England and Wales … Continue reading MMI Research Ltd v Cellxion Ltd and Others: ChD 24 Sep 2007

Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 25 Jun 2009

ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination JustificationsSharpston AG said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories … Continue reading Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 25 Jun 2009

F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008

The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law. Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review. Judges: Lord Justice Latham, Mr Justice … Continue reading F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008

L’Oreal Sa and others v Bellure Nv and others: ChD 24 May 2006

Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. Judges: Peter Smith J Citations: [2006] EWHC 1503 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006 The claimant alleged … Continue reading L’Oreal Sa and others v Bellure Nv and others: ChD 24 May 2006

Hilali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2008

Judges: Lord Justice Dyson Mr Justice Griffith Williams Citations: [2008] EWHC 2892 (Admin), [2010] 1 WLR 241, [2009] 1 All ER 834 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008 The applicant had been detained pending his extradition. He complained … Continue reading Hilali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2008

Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007

The Commission sought a declaration that, by restricting the duty of employers to care for the health and safety of their employees ‘so far as reasonably practicable’, the United Kingdom had failed to fulfil its obligations under article 5(1) and (4) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to … Continue reading Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007

Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

Bitto and Others v Slovakia: ECHR 7 Jul 2015

Just satisfaction Citations: [2015] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach … Continue reading Bitto and Others v Slovakia: ECHR 7 Jul 2015

Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

Liverpool City Council (Decision Notice) FS50442312: ICO 24 Jan 2013

The complainant requested information from Liverpool City Council (the council) about the third party clients of Liverpool Direct Limited (LDL). The council said that it did not hold the requested information but this statement was not accepted by the complainant. The Commissioner’s decision is that, on the balance of probabilities, the requested information is not … Continue reading Liverpool City Council (Decision Notice) FS50442312: ICO 24 Jan 2013

General Quimica and Others v Commission: ECJ 14 Sep 2010

ECJ (Competition) Appeal – Competition – Cartel in sector of chemical products for the treatment of rubber – Exchange of confidential information and price-fixing – Attribution of responsibility to the parent company at head of group – Single economic entity – Joint and several liability – Fines. Citations: C-90/09, [2010] EUECJ C-90/09 – O, [2011] … Continue reading General Quimica and Others v Commission: ECJ 14 Sep 2010

McAvoy and Others v Llewellyn and Others; Hartlepool Borough Council v Llewellyn and Others: EAT 24 Jun 2009

EAT EQUAL PAY ACT – Material factor defenceMale colleagues of female equal pay claimants may bring ‘piggyback’ contingent claims using the female claimants as comparators and may recover sums equivalent to those awarded to such comparators by way of arrears. Judges: Underhill P J Citations: [2009] UKEAT 0006 – 08 – 2406, Times 09-Jul-2009, [2009] … Continue reading McAvoy and Others v Llewellyn and Others; Hartlepool Borough Council v Llewellyn and Others: EAT 24 Jun 2009

Regina v Guildford Magistrates’ Court, ex parte Healy: CACD 1983

Magistrates faced with a claim of abuse of process should recognise the wider responsibility for upholding the rule of law which must be that of the High Court. If a serious question arises as to the deliberate abuse of extradition procedures a magistrate should allow an adjournment so that an application can be made to … Continue reading Regina v Guildford Magistrates’ Court, ex parte Healy: CACD 1983

Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department: HL 19 Feb 1999

The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole approach to vicarious liability that an … Continue reading Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department: HL 19 Feb 1999

Dobie v Burns International Security Services (UK) Ltd: CA 14 May 1984

The employee worked as a security officer for the appellant, which was in turn employed by the respondent to provide security for an airport controlled by the Merseyside City Council. The Council had the right of approval of any employee of the company at the airport. There was a complaint about Mr Dobie and the … Continue reading Dobie v Burns International Security Services (UK) Ltd: CA 14 May 1984

Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987

A L Underwood Ltd v Bank of Liverpool and Martins: CA 1924

Scrutton LJ considered the concept of exceptional circumstances in a banking context: ‘If banks, for fear of offending their customers will not make inquiries into unusual circumstances, they must take with the benefit of not annoying their customer the risk of liability because they do not inquire.’ Judges: Scrutton LJ Citations: [1924] 1 KB 775 … Continue reading A L Underwood Ltd v Bank of Liverpool and Martins: CA 1924

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills, Student Loans Company Ltd: Admn 17 Jul 2014

Challenge to the exclusion of the Claimant from eligibility for a student loan. The claimant said that both the settlement criterion and the lawful ordinary residence criterion constituted unjustified and discriminatory restrictions on her right to education under both article 2 of the First Protocol and article 14. Held: Her rights had been violated by … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills, Student Loans Company Ltd: Admn 17 Jul 2014