Click the case name for better results:

Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980

Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council) 1. The … Continue reading Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980

Kingdom of the Netherlands v Commission of the European Communities: ECJ 8 Feb 1968

Europa 1. Transport – special internal rates and conditions – purpose of such special rates and conditions – authorization justified (ECSC treaty, article 70) 2. Transport – special internal rates and conditions – unforeseeable circumstances justifying authorization of special rates and conditions – modifications in the infrastructure of transport 3. ECSC treaty – general objectives … Continue reading Kingdom of the Netherlands v Commission of the European Communities: ECJ 8 Feb 1968

Societe Des Charbonnages De Beeringen v ECSC High Authority: ECJ 29 Nov 1956

ECJ 1. Decision no 22/55, adopted within the context of a special system provided for in relation to Belgium for the duration of the transitional period by article 26 of the convention which applies in accordance with specific rules, however detailed and varied they may be, to all undertakings and transactions governed by that system, … Continue reading Societe Des Charbonnages De Beeringen v ECSC High Authority: ECJ 29 Nov 1956

Associazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955

ECJ Application for annulment – general decision of the high authority – applicant undertakings and associations of undertakings – admissibility (Treaty, art. 33) For an application by an undertaking or by an association of undertakings against a general decision of the high authority to be admissible it is enough for the applicant formally to allege … Continue reading Associazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955

Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999

Provided there was sufficient correspondence between the offence alleged to have taken place in Ireland and a serious offence in England, it was proper to order his return to Ireland under an Irish warrant. There is no extradition treaty between the two countries, but the system was properly recorded in the 1965 Act. There was … Continue reading Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999

Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999

The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999

Hermes International v FHT Marketing: ECJ 9 Sep 1998

Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits. ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of … Continue reading Hermes International v FHT Marketing: ECJ 9 Sep 1998

Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates’ Court; Lilley v Director of Public Prosecutions: QBD 13 Jul 2001

Challenges were made to the powers banning the free movement of those convicted of offences of violence. Orders had been made banning the applicants from attending football matches, and requiring attendance at police stations at times of matches abroad. Such orders were not imposed as a penalty, being rather for the purposes of preventing disorder, … Continue reading Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates’ Court; Lilley v Director of Public Prosecutions: QBD 13 Jul 2001

Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK. Held: The letter asking a claimant to … Continue reading Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

Beloit Technologies Inc and Another v Valmet Paper Machinery Inc and Another: ChD 12 May 1995

The judge urged that the Convention should be incorporated into English law without rephrasing difficult clauses: ‘it helps no-one for the Parliamentary draftsman to re-write matter in a treaty or convention (or EU directive for that matter) which is to be implemented in the United Kingdom. If the language of the basic document is obscure … Continue reading Beloit Technologies Inc and Another v Valmet Paper Machinery Inc and Another: ChD 12 May 1995

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Secretry of State for the Home Department v Akrich: ECJ 23 Sep 2003

After being deported twice from England, the applicant returned secretly, married a British citizen, and sought leave to remain. He was deported, but to Ireland where his new spouse was then established. He sought to rely upon the case of Surinder Singh to support his application for entry clearance and revocation of the deportation order. … Continue reading Secretry of State for the Home Department v Akrich: ECJ 23 Sep 2003

Regina v Secretary of State for the Home Department ex parte Ahmed and Others: CA 15 Oct 1998

There should be no difference between the exercise of a prerogative or of a statutory discretion when the Home Secretary allowed for an International Treaty which was not incorporated into English law. Citations: Times 15-Oct-1998 Statutes: European Convention on Human Rights 1950 (Cmnd) 8969) Jurisdiction: England and Wales Administrative Updated: 11 May 2022; Ref: scu.87831

Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999

The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999

Compagnia Italiana Alcool Sas di Mario Mariano and Co v Commission of the European Communities: ECJ 19 Dec 1990

ECJ Vinous alcohol – Special sale by tender. Application for interim measures – Interim measures – Conditions for granting – Serious and irreparable damage – Financial damage – Damage which cannot be wholly recouped – Weighing up of all the interests in question (EEC Treaty, Art. 186; Rules of Procedure, Art. 83(2)) The urgency of … Continue reading Compagnia Italiana Alcool Sas di Mario Mariano and Co v Commission of the European Communities: ECJ 19 Dec 1990

Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – Meaning – Article 87(1) EC – Privileges granted to a bank – Company exercising public service obligations – Existing aid and new aid – Article 88(3) EC – Powers of the national court Judges: K. Jurimae, P Citations: C-690/13, [2015] EUECJ C-690/13, ECLI:EU:C:2015:235 … Continue reading Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

UK rules required that a wife of a migrant European worker must be resident for four years before applying for indefinite leave to remain, but a spouse of a person settled in the UK need only be resident for one year. There was no discrimination contrary to European Law which prevented rules restricting the free … Continue reading Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001

The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001

Geraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen: ECJ 12 Jul 2001

Where a member of a sickness scheme sought treatment in another member state, it was proper to require prior authorisation, but any conditions imposed had to be justifiable and proportionate. In this case the scheme required the recognition of the treatment sought, and that immediate treatment in the country was not available. Hospital services were … Continue reading Geraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen: ECJ 12 Jul 2001

Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004

The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004

Firma Molkerei-Zentrale Westfalen/Lippe GmbH v Hauptzollamt Paderborn: ECJ 3 Apr 1968

Europa 1. European economic community – nature – natural or legal persons having rights and obligations – individuals – provisions of the treaty having direct effect – concept 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – prohibition … Continue reading Firma Molkerei-Zentrale Westfalen/Lippe GmbH v Hauptzollamt Paderborn: ECJ 3 Apr 1968

Regina v Secretary of State for the Home Department, ex parte Yiadom Case C-357/98: ECJ 16 Nov 2000

Where a citizen of a member state had been granted temporary admission, pending a final decision on whether she should be admitted or expelled, that decision was not one which could be classified as a ‘decision concerning entry,’ for the purposes of the directive, and by legal fiction the person was deemed to be out … Continue reading Regina v Secretary of State for the Home Department, ex parte Yiadom Case C-357/98: ECJ 16 Nov 2000

Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000

An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the … Continue reading Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005

Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the application, seeking to crystallise PMS, would be able to overcome any … Continue reading Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005

Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Gomes v Trinidad and Tobago: HL 29 Apr 2009

Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

H v United States of America: Admn 28 Apr 2015

Applcation as to a requirement to balance the Art. 8 rights of the Appellant (‘H’) and her daughter (‘M’) on the one hand, with the public interest in extradition and the need for the United Kingdom to honour its international treaty obligations on the other. Gross LJ, Collins J [2015] EWHC 1066 (Admin) Bailii Extradition, … Continue reading H v United States of America: Admn 28 Apr 2015

Riva Fire v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential … Continue reading Riva Fire v Commission: ECFI 9 Dec 2014

Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Excess of authority … Continue reading Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

NA v Secretary of State for The Home Department and Another: CA 17 Jul 2014

Appeal from the determination of the Upper Tribunal (Immigration and Asylum Chamber) [2013] UKUT 89 (IAC) as to whether a third country national ex-spouse of a Union citizen must be able to show that their former spouse was exercising Treaty rights in the host Member state at the time of their divorce in order to … Continue reading NA v Secretary of State for The Home Department and Another: CA 17 Jul 2014

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending deportation on grounds of publicpolicy. Held: the Court of Appeal dismissed the … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

SHL v Secretary of State for The Home Department (Tracing Obligation/Trafficking) Afghanistan: UTIAC 16 Jun 2013

UTIAC [1] Regulation 6(1) of the Asylum Seekers (Reception Conditions) Regulations 2005 imposes on the Secretary of State a duty to endeavour to trace the members of a minor asylum applicant’s family as soon as possible following submission of the asylum claim. A failure to discharge this duty may, depending on the facts found, give … Continue reading SHL v Secretary of State for The Home Department (Tracing Obligation/Trafficking) Afghanistan: UTIAC 16 Jun 2013

HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009

The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order. Held: The claimant could not count the time he had served in prison toward the time spent in the UK to calculate his entitlement to stay here. ‘Residence’ in the Regulations means … Continue reading HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009

Commissioners of Customs and Excise v Century Life Plc: CA 19 Dec 2000

The Directive required member states to exempt from VAT, services involving the provision of insurance, and for intermediaries. Following the Regulator’s involvement, the principal company had to arrange for the checking of existing policies, and the implementation of compensation arrangements, and sub-contracted it to the taxpayer. Had the principal privided the services itself, it would … Continue reading Commissioners of Customs and Excise v Century Life Plc: CA 19 Dec 2000

Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005

The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

United Kingdom of Great Britain and Northern Ireland v Council of The European Union: ECJ 12 Sep 2013

ECJ Opinion – European Securities and Market Authority (‘ESMA’) – Validity of Article 28 of Regulation (EU) No 236/2012 on short selling and certain aspects of credit default swaps – Legal basis – Articles 114 and 352 TFEU – Institutional balance and division of powers – Conditions for the conferral of power on EU agencies … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union: ECJ 12 Sep 2013

Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Adan v Secretary of State for the Home Department: HL 6 Apr 1998

A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009

ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way Implementation by a Member State Transfer of powers to regional authorities of a Member State Discrimination contrary to Community lawThe Court considered a Memorandum of … Continue reading Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009

Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018

Art 50 Notice withrawable unilaterally Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – ConditionsThe Court Ruled: ‘Article 50 TEU must be interpreted as meaning that, … Continue reading Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018

ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010

The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a first application. Held: The applicants still had the benefit of the Directive: ”an application for asylum’ … Continue reading ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative power to enter into treaties without parliamentary approval. … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 2020

No interim relief for Mosque Services The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities allowed. Held: Interim relief was refused: ‘even accounting for … Continue reading Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 2020

Regina v Budimir and Another: CACD 29 Jun 2010

The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010

Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

Lewis v Client Connection Ltd: ChD 6 Jul 2011

The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011

Trapeza Eurobank Ergasias -V- Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

References: C-690/13, [2015] EUECJ C-690/13, ECLI:EU:C:2015:235 Links: Bailii Coram: K. Jurimae, P ECJ Judgment – Reference for a preliminary ruling – State aid – Meaning – Article 87(1) EC – Privileges granted to a bank – Company exercising public service obligations – Existing aid and new aid – Article 88(3) EC – Powers of the … Continue reading Trapeza Eurobank Ergasias -V- Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

Microsoft Corporation v Ling and others: ChD 3 Jul 2006

The claimant sought damages against the respondent for various infringements in sales of unlicensed products, and also additional damages. The defendant argued that Microsoft’s licensing arrangements acted anti-competively. Held: ‘the defendants would not at trial be able to defend liability for issuing instruments of deception. ‘ The application for summary judgment for additional damages succeeded. … Continue reading Microsoft Corporation v Ling and others: ChD 3 Jul 2006

Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was … Continue reading Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain. Judges: Phillips … Continue reading Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002