Search Results for: Art 24 EC

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Sartorelli v Italy: ECHR 24 Oct 2002

Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Citations: 47895/99 Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.177911

Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002

The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for asylum to ?e considered. They complained particularly that Germany was not a safe country to … Continue reading Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002

The Queen, Ex Parte E. D. and F. Man (Sugar) Ltd v Intervention Board For Agricultural Produce: ECJ 24 Sep 1985

ECJ 1. In order to establish whether a provision of community law is in conformity with the principle of proportionality it is necessary to ascertain whether the means which it employs are appropriate and necessary to attain the objective sought. Where community legislation makes a distinction between a primary obligation, compliance with which is necessary … Continue reading The Queen, Ex Parte E. D. and F. Man (Sugar) Ltd v Intervention Board For Agricultural Produce: ECJ 24 Sep 1985

ZT v Secretary of State for the Home Department: CA 24 Nov 2005

The applicant entered the UK as a visitor, but resisted her return home saying that she had HIV, and would not receive proper treatment for her condition if returned to Zimbabwe. Held: the prohibition against inhuman and degrading treatment did not require a contracting state to guarantee medical treatment to aliens. Judges: Buxton LJ Citations: … Continue reading ZT v Secretary of State for the Home Department: CA 24 Nov 2005

Patel, Regina (on The Application of) v Secretary of State for The Home Department: CA 24 Jun 2015

Appeal against an order giving judgment for the respondent against the appellant, the Secretary of State for the Home Department, in the sum of pounds 125,000 by way of damages (including both aggravated and exemplary damages) for false imprisonment. Findings of false evidence by immigration officers. Held: The appeal was allowed: ‘ the Judge’s reasoning … Continue reading Patel, Regina (on The Application of) v Secretary of State for The Home Department: CA 24 Jun 2015

Article 39, Regina (on The Application of) v Secretary of State for Education: CA 24 Nov 2020

Appeal against an order dismissing the appellant’s claim for judicial review by which it sought to challenge the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 introduced by the Secretary of State for Education in response to the outbreak of the Covid-19 pandemic. The Amendment Regulations introduced a range of temporary amendments to ten statutory instruments … Continue reading Article 39, Regina (on The Application of) v Secretary of State for Education: CA 24 Nov 2020

Singh v The Secretary of State for the Home Department for Judicial Review: OHCS 24 Dec 2003

The applicant complained that the adjudicator who had heard his asylum appeal in 1997 had not been sufficiently independent. Held: The tribunal lacked what had come to be called ‘structural independence’ The common law test for impartiality was the appropriate test for the time of the hearing. That test would have differed substantially. Judges: Lord … Continue reading Singh v The Secretary of State for the Home Department for Judicial Review: OHCS 24 Dec 2003

Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

The case was listed to be heard on the Monday. On the Friday before it had been settled. The court complained of the lawyers that they had not informed the court, and that consequently much of the judge’s time over the weekend had been wasted in preparatrion. The parties must recognise that a judge would … Continue reading Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003

The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003

Linhart v Hans Biffl: ECJ 24 Oct 2002

ECJ Approximation of laws – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Directive 76/768/EEC relating to cosmetic products – Directive 84/450/EEC concerning misleading advertising – National legislation laying down restrictions on advertising. Judges: J-P. Puissochet, P Citations: C-99/01, [2002] EUECJ C-99/01 Links: Bailii European, … Continue reading Linhart v Hans Biffl: ECJ 24 Oct 2002

Regina v Secretary of State for the Home Department, ex parte Zeqiri: HL 24 Jan 2002

The applicant sought to resist an order for his return to Germany, the first country of call after escaping Kosovo. He asserted that Germany was not complying with its international obligations. He said the Gashi case had created a legitimate expectation that he would not be so returned, and that therefore his application for asylum … Continue reading Regina v Secretary of State for the Home Department, ex parte Zeqiri: HL 24 Jan 2002

Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

ECJ 1. Article 85(1) of the Treaty must be interpreted as meaning that it prohibits an obligation imposed by the leading manufacturer of motor vehicles in a Member State on all its dealers established in that State to develop activities as agents for leasing transactions exclusively for the account of its own leasing company. By … Continue reading Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

Her Majesty’s Customs and Excise v Gerhart Schindler and Jorg Schindler: ECJ 24 Mar 1994

Europa The importation of lottery advertisements and tickets into a Member State with a view to the participation by residents of that State in a lottery conducted in another Member State relates to a ‘service’ within the meaning of Article 60 of the Treaty and accordingly falls within the scope of Article 59 of the … Continue reading Her Majesty’s Customs and Excise v Gerhart Schindler and Jorg Schindler: ECJ 24 Mar 1994

Canaj v Secretary of State for Home Department and Vallaj v A Special Adjudicator: CA 24 May 2001

Judges: Lord Justice Simon Brown, Lord Justice Chadwick, Lord Justice Longmore Citations: [2001] EWCA Civ 782, [2001] INLR 342 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Regina (Mohamad) v Secretary of State for the Home Department QBD 29-Nov-2002 The applicant challenged the refusal of his plea for asylum. He was an Iraqi … Continue reading Canaj v Secretary of State for Home Department and Vallaj v A Special Adjudicator: CA 24 May 2001

Sivakumar v Secretary of State for the Home Department: CA 24 Jul 2001

The applicant for asylum was a Tamil. He was persecuted. He claimed it was political. The possibility of drawing that inference was greater when legal mis-treatment was not expected to be followed by legal proceedings. Excessive or arbitrary punishment for political offences did not necessarily amount to persecution for a Convention reason, but it did … Continue reading Sivakumar v Secretary of State for the Home Department: CA 24 Jul 2001

Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property … Continue reading Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department: Admn 24 Jul 2001

Regina v Secretary of State for Home Department ex parte Lul Omar Adan: Admn 24 Nov 1998

A country which had previously rejected an asylum application could nevertheless properly be a safe third country to which a asylum applicant could be deported. Germany is a country which would abide by its obligations under international treaties. Citations: Times 18-Dec-1998, [1998] EWHC Admin 1085 Links: Bailii Statutes: Asylum and Immigration Act 1996 2(c) Citing: … Continue reading Regina v Secretary of State for Home Department ex parte Lul Omar Adan: Admn 24 Nov 1998

Regina v Secretary of State for Home Department (ex parte Bamber): Admn 24 Apr 1998

The applicant was refused leave to apply for judicial review of a decision as to his release made on the basis of his refusal to accept his guilt. Citations: [1998] EWHC Admin 442 Links: Bailii Citing: See Also – Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte … Continue reading Regina v Secretary of State for Home Department (ex parte Bamber): Admn 24 Apr 1998

Regina v Secretary of State for Home Department ex parte Savas: Admn 24 Apr 1997

Citations: [1997] EWHC Admin 410 Links: Bailii Cited by: reference from – Regina v Secretary of State for the Home Department, Ex Parte Savas ECJ 23-May-2000 A convention between the European Union and Turkey had direct effect under one article, but was not sufficiently detailed in other provisions to give a right to an individual … Continue reading Regina v Secretary of State for Home Department ex parte Savas: Admn 24 Apr 1997

Regina v Secretary of State for the Home Department and Another; Ex Parte Canbolat: QBD 24 Feb 1997

The Home Secretary was entitled to take his own view that the French would properly apply their own asylum procedures when considering the return of an asylum seeker to that country. Citations: Times 24-Feb-1997 Statutes: Asylum and Immigration Act 1996 2 Jurisdiction: England and Wales Immigration Updated: 26 May 2022; Ref: scu.87820

Regina v Secretary of State for the Home Department ex parte Abdi, Same v Same, ex parte Gawe: QBD 24 Feb 1994

The Secretary of State must state all the facts on which his opinion had based when ordering the deportation of an Asylum-seeker as to the safety of the destination country. ‘In a situation in which it is to be expected that most or all of the information about the asylum practices of third countries is … Continue reading Regina v Secretary of State for the Home Department ex parte Abdi, Same v Same, ex parte Gawe: QBD 24 Feb 1994

Regina v Secretary of State for the Home Department Ex Parte Ademola Onibiyo: QBD 24 Jan 1996

The applicant, a Nigerian, applied for judicial review of the respondent’s decision not to revoke a deportation order. He had overstayed his limited leave. He wanted the respondent to refer new material back to the immigration authorities. The respondent refused to treat this request as a new application. Held: A new ground for asylum arising … Continue reading Regina v Secretary of State for the Home Department Ex Parte Ademola Onibiyo: QBD 24 Jan 1996

Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

Regina (Husan) v Secretary of State for the Home Department: QBD 24 Feb 2005

The applicant sought asylum from Bangladesh. His application was refused, and the respondent issued a certificate to say that his claim was hopeless. He sought judicial review. Held: There was so much evidence that Bangladesh suffered persecution and human rights abuses that no rational decision maker could list it as country to which asylum seekrs … Continue reading Regina (Husan) v Secretary of State for the Home Department: QBD 24 Feb 2005

A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

The case asked how cases involving disputes as to the care of children, and of the treatment of adults claimed to be mentally incompetent. Where the issues were solely ones of public law, then they should be heard by way of judicial review in the QBD. Where any private law issues arose, they should be … Continue reading A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

Department for International Development (Decision Notice): ICO 24 Feb 2011

The complainant requested from the public authority, details of trust fund accounts audited by Ernst and Young in relation to the World Bank Group. The Commissioner considers the complainant’s request to have been correctly deemed vexatious under section 14 of the Act. Information Tribunal appeal number EA/2011/0077 dismissed. Section of Act/EIR and Finding: FOI 14 … Continue reading Department for International Development (Decision Notice): ICO 24 Feb 2011

Thompson (Inspector of Taxes) v Hart: ChD 24 Apr 2000

The system of tax relief called the business expansion scheme did not apply when land was given in exchange for shares in the qualifying company. The scheme gave relief for efforts in raising money. That could not be satisfied by property given in money’s worth. Citations: Times 24-Apr-2000 Statutes: Income and Corporation Taxes Act 1988 … Continue reading Thompson (Inspector of Taxes) v Hart: ChD 24 Apr 2000

Martynenko v Ukraine: ECHR 24 Feb 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 40829/12, [2022] ECHR 174 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.672184

Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Citations: [1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 8 13 Jurisdiction: Human Rights Citing: See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983 There had been interference with prisoners’ letters by prison authorities. The Commission … Continue reading Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Ryanair Ltd v Secretary of State for The Home Department: CA 24 Apr 2018

The airline complained of the imposition on it of liability carrying passengers without an entry visa. He had produced a residence card for Austria. The appeal failed. Under the Directive, a valid card must bear the words ‘Residence card of a family member of a Union citizen’ or a translated version. A card of the … Continue reading Ryanair Ltd v Secretary of State for The Home Department: CA 24 Apr 2018

Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019

V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the Appellant’s appeal from the overturning of the deportation. The Supreme Court … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019

Regina v Secretary of State for Wales Ex Parte Emery: QBD 24 Jun 1996

A public enquiry is necessary where there is a real dispute over the existence of a public right of way. Citations: Times 24-Jun-1996 Statutes: Wildlife and Countryside Act 1981 Sch 14 Cited by: Appeal from – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997 The applicant had sought to have included … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: QBD 24 Jun 1996

The Duke of Sussex, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Mar 2022

Claim for judicial review challenging the legality of decisions taken (in February 2020 and in early 2021) concerning the arrangements to be made for ensuring his security in the United Kingdom. Judges: Mr Justice Swift Citations: [2022] EWHC 682 (Admin) Links: Bailii, Judiciary Jurisdiction: England and Wales Police Updated: 07 April 2022; Ref: scu.674635

Recovery Partners GB Ltd and Another v Rukhadze and Others: ComC 24 Jan 2018

Application by solicitors to be released from undertakings as to retention of certain funds in exchange for the provision of security for those same costs by way of a Deed of Indemnity from an insurance company which has provided the Claimants with ATE Insurance. Citations: [2018] EWHC 95 (Comm), [2018] WLR(D) 44 Links: Bailii, WLRD … Continue reading Recovery Partners GB Ltd and Another v Rukhadze and Others: ComC 24 Jan 2018

Commission v Artegodan and others: ECJ 24 Jul 2003

Citations: C-39/03 Jurisdiction: European Citing: See Also – Artegodan v Commission ECFI 28-Jun-2000 . . See Also – Artegodan v Commission ECFI 5-Sep-2001 . . See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003 . . Cited by: See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003 . .See Also – … Continue reading Commission v Artegodan and others: ECJ 24 Jul 2003

Eisa, Regina (on The Application of) v Secretary of State for The Home Department (Dublin; Articles 27 and 17): UTIAC 24 May 2017

(1) Judicial review is a remedy of sufficient flexibility to comply with Article 27(1) of Regulation 604/2013 (Dublin III). (2) Since an applicant is allowed to remain while this review is being dealt with, there is a suspension of the 6 months within which transfer must be effected in accordance with Article 27(3) of Dublin … Continue reading Eisa, Regina (on The Application of) v Secretary of State for The Home Department (Dublin; Articles 27 and 17): UTIAC 24 May 2017

Britcits v The Secretary of State for The Home Department: CA 24 May 2017

Appeal from rejection of application for judicial review seeking to quash provisions of the Immigration Rules introduced in 2012 on the admission to the UK of adult dependant relatives of British citizens, persons settled in the UK and those in the UK pursuant to refugee leave or humanitarian protection. Judges: Sie Terence Etherton MR, Davis, … Continue reading Britcits v The Secretary of State for The Home Department: CA 24 May 2017

SN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2014

The claimant sought to impugn a decision of the Secretary of State for the Home Department (the Secretary of State) rejecting the claimant’s fresh claim assertions and certifying the claim as ‘clearly unfounded’ pursuant to section 94(2) of the Nationality, Immigration and Asylum Act 2002. Judges: His Honour Judge Jeremy Richardson QC (Sitting as a … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2014