Search Results for: Bail Act 1976

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Caltex Oil (Australia) Pty Ltd v Dredge Willemstad”: 9 Dec 1976″

References: [1976] HCA 65, (1976) 136 CLR 529 Links: Austlii Coram: Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Ratio: Austlii (High Court of Australia) Negligence – Duty of care – Foreseeability of harm – Economic loss not consequential upon damage to person or property – Damage to property of one person – Economic loss suffered … Continue reading Caltex Oil (Australia) Pty Ltd v Dredge Willemstad”: 9 Dec 1976″

Harte v Harte; 2 Dec 1976

References: Times 02-Dec-1976 Ratio: Ordinary contractual considerations apply to the interpretation of a settlement of an ancillary relief application. This case is cited by: Cited – Xydhias v Xydhias CA (Times 13-Jan-99, Gazette 10-Feb-99, Gazette 27-Jan-99, Bailii, [1998] EWCA Civ 1966, [1999] 2 All ER 386, [1999] 1 FLR 683) The principles of contract law … Continue reading Harte v Harte; 2 Dec 1976

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

Chang v Registrar of Titles; 11 Feb 1976

References: (1976) 137 CLR 177, (1976) 50 ALJR 404, (1976) 8 ALR 285, [1976] HCA 1 Links: Austlii Coram: Mason J, Jacob J (High Court of Australia) The court discussed the trusteeship arising on a contract for the sale of land. Mason J said: ‘It has long been established that a vendor of real estate … Continue reading Chang v Registrar of Titles; 11 Feb 1976

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

Acts

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Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

Clarke, Regina v: CACD 15 Jun 1999

Appeal from a sentence of nine months’ imprisonment imposed in respect of an offence of failing to answer bail contrary to section 6 of the Bail Act 1976. Judges: Kennedy LJ, VP QBD, newman, Sullivan JJ Citations: [1999] EWCA Crim 1645 Links: Bailii Statutes: Bail Act 1976 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 … Continue reading Clarke, Regina v: CACD 15 Jun 1999

Assange, An Application By (Cancel An Arrest Warrant : Ruling No 1): Misc 6 Feb 2018

(Westminster Magistrates Court) Application on behalf of Julian Assange to have withdrawn an arrest warrant issued when Mr Assange did not surrender for extradition to Sweden. Citations: [2018] EW Misc B2 (MagC) Links: Bailii Statutes: Bail Act 1976 7 Jurisdiction: England and Wales Citing: See Also – Assange v The Swedish Prosecution Authority SC 30-May-2012 … Continue reading Assange, An Application By (Cancel An Arrest Warrant : Ruling No 1): Misc 6 Feb 2018

Regina (Stevens) v Truro Magistrates’ Court: QBD 18 Jul 2001

A court granted bail subject to provision of title deeds to a property as security. The defendant deposited a charge certificate with the owner’s consent, but then absconded. The court sought to forfeit the entire property, the owner of the charge sought to protect her interest. Held: The court had not made clear just what … Continue reading Regina (Stevens) v Truro Magistrates’ Court: QBD 18 Jul 2001

Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005

Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005

McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Wiggins, Regina (on the Application Of) v Harrow Crown Court: Admn 20 Apr 2005

The defendant appealed against refusal of bail. He had failed to attend court in time of the day of his trial and said he had overlooked the date. Held: Collins J said: ‘[T]he question of whether bail should be continued or removed in connection with the main proceedings is a matter which does not depend … Continue reading Wiggins, Regina (on the Application Of) v Harrow Crown Court: Admn 20 Apr 2005

M v Isleworth Crown Court and Another: Admn 2 Mar 2005

The court considered an appeal by way of judicial review of a refusal of bail. Held: There was jurisdiction to consider a claim that bail had been refused in circumstances which showed that that refusal was erroneous in law, but that it was only in exceptional cases that the Court should intervene. Maurice Kay LJ … Continue reading M v Isleworth Crown Court and Another: Admn 2 Mar 2005

Regina (Crown Prosecution Service) v Chorley Justices: Admn 9 Oct 2002

The prosecution had requested the magistrates to impose on the defendant as a condition of his bail, a requirement that when so requested by a police officer checking that he was at home and otherwise complying with the bail condition, he should come to door. Held: The ‘doorstep’ condition was validly imposed. The Act gave … Continue reading Regina (Crown Prosecution Service) v Chorley Justices: Admn 9 Oct 2002

Regina v Teesside Magistrates’ Court ex parte Ellison: QBD 20 Feb 2001

The power and duty to deal with a defendant brought before the magistrates on an accusation of breach of the terms of his bail lay with the magistrates, and even where the bail had been set by the crown court and he was due to appear in the Crown Court within a few days, they … Continue reading Regina v Teesside Magistrates’ Court ex parte Ellison: QBD 20 Feb 2001

Regina on the Application of Hussain v Derby Magistrates’ Court and Lord Chancellor’s Department: Admn 3 Jul 2001

The defendant had been brought before the magistrates after being arrested for breach of bail conditions. He now challenged the adjournment of the case to a different bench, and whether such a bench had power to punish him. Held: Sections 7(4) and 7(5) of the 1976 Act created a power to stand down a case … Continue reading Regina on the Application of Hussain v Derby Magistrates’ Court and Lord Chancellor’s Department: Admn 3 Jul 2001

Regina v Liverpool Stipendiary Magistrate ex parte Santos: Admn 15 Nov 1996

A solicitor’s mistake as to the return date on a bail notice was capable of being a reasonable cause for a defendant’s non-attendance at court to answer bail. The answer will be different in each case. Citations: Times 23-Jan-1997, [1996] EWHC Admin 235 Links: Bailii Statutes: Bail Act 1976 6(1) Jurisdiction: England and Wales Magistrates, … Continue reading Regina v Liverpool Stipendiary Magistrate ex parte Santos: Admn 15 Nov 1996

Shehzad, Regina (on The Application of) v Newcastle Crown Court and Another: Admn 21 May 2012

The claimant sought judicial review of a decision refusing him bail. He was accused of rape and of having bought a woman who had been trafficked. Held: In refusing bail, the judge had not expresed himself to be satisfied to the standard required under the Bail Act. Though the judge may in fact have applied … Continue reading Shehzad, Regina (on The Application of) v Newcastle Crown Court and Another: Admn 21 May 2012

Regina v Havering Magistrates Court, Ex Parte Director of Public Prosecutions; Regina v Wirral Borough Magistrates Court, Ex Parte Mckeown: QBD 7 Feb 2001

A magistrate considering an allegation of breach of bail, need not take account only of evidence which was strictly admissible. The Magistrates must take proper account of the evidential quality of what was presented, but it was not a breach of the defendant’s article 5 rights to hear the case on this basis. The standards … Continue reading Regina v Havering Magistrates Court, Ex Parte Director of Public Prosecutions; Regina v Wirral Borough Magistrates Court, Ex Parte Mckeown: QBD 7 Feb 2001

Regina v White; Regina v McKinnon: CACD 6 Dec 2002

The defendant had failed to surrender to custody, and appealed a consecutive sentence of six months. Held: There was no reason why the sentences should not be consecutive. The case of Gorman should be confined to its own particular circumstances. Nor need the sentence for the failure to surrender be related to the offence from … Continue reading Regina v White; Regina v McKinnon: CACD 6 Dec 2002

Regina v Offen; Regina v McGuillard; Regina v McKeown; Regina v Okwuegbunam; Regina v Saunders (Stephen): CACD 15 Nov 2000

For the purposes of the Act, where a defendant faced a compulsory life sentence following two convictions for certain offences, a finding by the judge that the defendant did not pose a serious risk to society, could be an exceptional circumstance justifying not imposing the sentence. Such a finding might be based upon there being … Continue reading Regina v Offen; Regina v McGuillard; Regina v McKeown; Regina v Okwuegbunam; Regina v Saunders (Stephen): CACD 15 Nov 2000

Regina v Governor of Glen Parva Young Offenders Institution Ex Parte G: QBD 24 Jan 1998

The court may not hold defendant arrested for breach of bail conditions after 24 hours after arrest. Bringing the defendant to the court building within the time limit is not enough, the case against the defendant must actually be heard within the time limit. Citations: Times 24-Jan-1998, Gazette 04-Feb-1998 Statutes: Bail Act 1976 7(4)(a) Criminal … Continue reading Regina v Governor of Glen Parva Young Offenders Institution Ex Parte G: QBD 24 Jan 1998

Cebula v Nation: Admn 16 Apr 2019

Renewed application for bail by the requested person. s.4(2B) of the Bail Act 1976 displaces the statutory presumption in favour of bail when a requested person has been convicted of an offence for which a European Arrest Warrant (‘EAW’) has been issued. Citations: [2019] EWHC 3651 (Admin) Links: Bailii Statutes: Bail Act 1976 Jurisdiction: England … Continue reading Cebula v Nation: Admn 16 Apr 2019

Ellison, Regina (on The Application of) v Teesside Magistrates’ Court: Admn 16 Jan 2001

Contention that committal in custody was without jurisdiction. Held: ‘the magistrates were under a misapprehension as to how to deal with the situation where a defendant is granted bail by the magistrates or a Crown Court and then does not comply with the conditions of the bail so that he is brought back before the … Continue reading Ellison, Regina (on The Application of) v Teesside Magistrates’ Court: Admn 16 Jan 2001

Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

AA069062014 and Others: AIT 30 Aug 2017

Several appellants, all from the same judge, complained of his handling of their cases. Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting within the law and applying the relevant substantive law to the facts as found. That is partly because … Continue reading AA069062014 and Others: AIT 30 Aug 2017

Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995

The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.Staughton LJ said: ‘In any case which involves a foreign element it may prove … Continue reading Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995

Reichman and Another v Beveridge: CA 13 Dec 2006

The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006

Barrett v Ministry of Defence: CA 3 Jan 1995

The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995

Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

University College London v Brown (Formal Oral Warning, ‘Sole or Main Purpose’): EAT 17 Dec 2020

The ET was entitled to find that the employer’s ‘sole or main purpose’ in giving the Claimant a formal oral warning for refusing to comply with an instruction to take down an email list he had created for union communications was ‘preventing or deterring him from taking part in the activities of an independent trade … Continue reading University College London v Brown (Formal Oral Warning, ‘Sole or Main Purpose’): EAT 17 Dec 2020

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him. Held: The … Continue reading Sheffield City Council v Ali: Admn 7 Jul 2005

Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

Dover District Council v CPRE Kent: SC 6 Dec 2017

‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017

Arnold v Britton and Others: SC 10 Jun 2015

Absurdity did not defeat a clear clause A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended. Held: The tenants’ appeal failed (Lord Carnwath dissenting). The words were clear, … Continue reading Arnold v Britton and Others: SC 10 Jun 2015

The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001

Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001

Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007

EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

Regina v Coutts: HL 19 Jul 2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

Albacruz (Cargo Owners) v Albazero ‘The Albazero’: HL 1977

The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for breach of contract where he himself has suffered no loss by reason of … Continue reading Albacruz (Cargo Owners) v Albazero ‘The Albazero’: HL 1977

Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004

The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

Adams, Regina v: CANI 14 Feb 2018

Appeal against convictions on 20 March 1975 and 18 April 1975 on counts of attempting to escape from detention contrary to paragraph 38(a) of Schedule 1 of the Northern Ireland (Emergency Provisions) Act 1973 (‘the 1973 Act’) and common law. Held: The seriousness of the consequences is a consideration to be taken into account in … Continue reading Adams, Regina v: CANI 14 Feb 2018

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

Couronne and others v Bontemps and others: CA 2 Nov 2007

The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007

Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001

The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention? Held: A constructive trust claim based upon dishonest assistance is within the scope of Article 5(3). The loss took place where the … Continue reading Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001

Hadiova v Secretary of State for the Home Department: CA 9 May 2003

Citations: [2003] EWCA Civ 701 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to … Continue reading Hadiova v Secretary of State for the Home Department: CA 9 May 2003

H Aziz v Crown Prosecution Service: CA 31 Jul 2006

The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006

Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001

The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Harrold v North Bristol NHS Trust: CA 2 Nov 2007

The employee appealed a finding that the employer had not discriminated against her, saying that the tribunal had refused an adjournment. Held: The refusal or grant of an adjournment was a matter within the discretion of a tribunal in fulfillment of its case management duties. In the absence of exceptional reasons, an appeal court could … Continue reading Harrold v North Bristol NHS Trust: CA 2 Nov 2007

First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and Others: CA 12 May 1998

Letters of Request had been received for the production of document to be used in litigation in the US. It was complained that they were drafted so widely as to amount to a fishing expedition. Held: ‘an English court must look at the issue of the relevance of the requested testimony, if it is raised, … Continue reading First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and Others: CA 12 May 1998

Durrani v London Borough of Ealing: EAT 10 Apr 2013

EAT RACE DISCRIMINATION / DIRECT An ET dismissed complaints that the Claimant had been discriminated against on the grounds of race. It did not when doing so distinguish between direct discrimination, harassment, and victimisation, under each of which heads the claim had been advanced. Although no appeal was made as to the conclusions in respect … Continue reading Durrani v London Borough of Ealing: EAT 10 Apr 2013