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Safir v Skattemyndigheten I Dajarnas Lan: ECJ 1 May 1998

Different tax treatment of insurance products according to whether company offering them was based in the member country or another was unlawful breach of Treaty. Citations: Times 01-May-1998, C-118/96, [1998] EUECJ C-118/96 Links: Bailii Statutes: ECTreaty Art 59 Jurisdiction: European Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for … Continue reading Safir v Skattemyndigheten I Dajarnas Lan: ECJ 1 May 1998

Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages. LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds that the slaughterhouses were not complying with the terms of an EC Directive requiring the … Continue reading Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

Partridge v Adjudication Officer Case: ECJ 2 Jul 1998

Attendance allowance payable in England was properly withdrawn after claimant left England to live in France permanently. Attendance allowance is in special category under the regulations. Citations: Times 02-Jul-1998, C-297/96, [1998] EUECJ C-297/96 Links: Bailii Statutes: Disability Living Allowance and Disability Working Allowance Act 1991, EC Treaty Art 177 Benefits, European Updated: 19 May 2022; … Continue reading Partridge v Adjudication Officer Case: ECJ 2 Jul 1998

Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others: ECJ 11 Apr 2000

It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a national representative team level. If it was derived from a proper need inherent in the … Continue reading Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others: ECJ 11 Apr 2000

Brown v Rentokil Ltd: ECJ 30 Jun 1998

Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to … Continue reading Brown v Rentokil Ltd: ECJ 30 Jun 1998

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

Prosecutor v Furundzija: 1 Apr 1999

(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all … Continue reading Prosecutor v Furundzija: 1 Apr 1999

Webb (Judgment): ECJ 17 Dec 1981

Where an undertaking hires out, for remuneration, staff who remain in the employ of that undertaking, no contract of employment being entered into with the user, its activities constitute an occupation which satisfies the conditions laid down in the first paragraph of article 60 of the eec treaty. Accordingly they must be considered a ‘ … Continue reading Webb (Judgment): ECJ 17 Dec 1981

Regina (Channel Tunnel Group Ltd and Another) v Secretary of State for Environment Transport and the Regions: CA 23 Jul 2001

The Secretary had imposed requirements on the Channel Tunnel operators for security and defence in the tunnel. The company argued that such a requirement must be the product of consultation between the signatory governments. The Secretary argued that it was enough that the government of France had not dissented. Held: The Treaty clearly required consultation … Continue reading Regina (Channel Tunnel Group Ltd and Another) v Secretary of State for Environment Transport and the Regions: CA 23 Jul 2001

Raymond Vander Elst v Office des Migrations Internationales: ECJ 1994

A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been ‘lawfully and habitually employed’ in Belgium and they intended to return to Belgium after completion of the project. The French employment inspectors considered that Mr Vander Elst had infringed certain articles of the … Continue reading Raymond Vander Elst v Office des Migrations Internationales: ECJ 1994

Tierce Ladbroke SA v Commission: ECFI 1997

‘According to settled case-law, for the purposes of applying Article [82] of the Treaty, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying … Continue reading Tierce Ladbroke SA v Commission: ECFI 1997

The Gibraltar Betting and Gaming Association v Revenue and Customs Commissioners and another (Government of Gibraltar intervening): ECJ 13 Jun 2017

ECJ Status of Gibraltar – Freedom To Provide Services – Purely Internal Situation – Inadmissibility : Judgment Citations: [2017] WLR(D) 166, [2018] 1 CMLR 362, ECLI:EU:C:2017:449, [2017] EUECJ C-591/15, [2017] 4 WLR 67, [2017] 4 WLR 167 Links: Bailii, WLRD Jurisdiction: European Citing: Cited – Department of Health and Social Security v Barr and Montrose … Continue reading The Gibraltar Betting and Gaming Association v Revenue and Customs Commissioners and another (Government of Gibraltar intervening): ECJ 13 Jun 2017

The Queen v Ministry Of Agriculture, Fisheries and Food, Ex Parte Agegate: ECJ 14 Dec 1989

The court considered the legality of licensing conditions imposed by the United Kingdom upon licences to fish issued under the Sea Fish Conservation Act 1967. One of those conditions required 75% of the crew to reside ashore in the United Kingdom. Held: The condition was unlawful under the Treaty. Citations: C-3/87, [1989] ECR 4459 Cited … Continue reading The Queen v Ministry Of Agriculture, Fisheries and Food, Ex Parte Agegate: ECJ 14 Dec 1989

Criminal proceedings against Michel Choquet: ECJ 28 Nov 1978

Europa It is not in principle incompatible with community law for one member state to require a national of another member state, who is permanently established in its territory, to obtain a domestic driving licence for the purpose of driving motor vehicles, even if he is in possession of a driving licence issued by the … Continue reading Criminal proceedings against Michel Choquet: ECJ 28 Nov 1978

Reinaldus Renckens v Commission of the European Communities (Judgment): ECJ 2 Jul 1969

Europa 1. Officials – rationalization of departments after the merger treaty – powers of the commission (regulation no 259/68 of the council, article 4) 2. Officials – decision adversely affecting – statement of reasons – scope (staff regulations of officials of the ECSC, article 25) 3. Officials – decisions concerning officials – review by the … Continue reading Reinaldus Renckens v Commission of the European Communities (Judgment): ECJ 2 Jul 1969

Commission of the European Communities v Italian Republic (Judgment): ECJ 19 Nov 1969

1. Internal taxation – non-discrimination – potable spirits (EEC treaty, article 95) 2. Agriculture – potable spirits – not an agricultural product (regulation no 7) 3. Agriculture – establishment of the common market – exceptions – strict interpretation. 1. The taxation of potable spirits imported from one member state on the basis of a notional … Continue reading Commission of the European Communities v Italian Republic (Judgment): ECJ 19 Nov 1969

Von Lachmuller and Others v Commission EEC (Judgment): ECJ 15 Jul 1960

Europa Where the conditions of employment appliable to servants have not been expressly determined and defined by the competent authorities, the conditions applicable for the purposes of article 179 of the eec treaty are to be deemed to consist of the express or implied terms which necessarily governed the contracts of employment of those servants. … Continue reading Von Lachmuller and Others v Commission EEC (Judgment): ECJ 15 Jul 1960

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

Kunwar (EFM – Calculating Periods of Residence): UTIAC 28 Dec 2018

(1) An ‘extended family member’ (‘EFM’) of an EEA national exercising Treaty rights in the UK (such as a person in a durable relationship) has no right to reside in the UK under the Immigration (EEA) Regulations until he or she is issued with the relevant residence documentation under reg 17(4) of the 2006 Regulations … Continue reading Kunwar (EFM – Calculating Periods of Residence): UTIAC 28 Dec 2018

Commission v Italy C-447/99: ECJ 4 Jul 2001

(Judgment) Failure of a Member State to fulfil its obligations – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Regulation (EEC) No 2408/92 – Access for Community air carriers to intra-Community air routes – Departure tax [2001] EUECJ C-447/99, ECLI:EU:C:2001:382, [2001] ECR I-5203 Bailii European Transport Updated: 26 January 2022; … Continue reading Commission v Italy C-447/99: ECJ 4 Jul 2001

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

Parliament v Council C-595/14: ECJ 23 Dec 2015

(Judgment) Actions for annulment – Replacement of the contested decision in the course of the proceedings – Purpose of the action – Police and judicial cooperation in criminal matters – New psychoactive substance subjected to control measures – Legal framework applicable after the entry into force of the Treaty of Lisbon – Transitional provisions – … Continue reading Parliament v Council C-595/14: ECJ 23 Dec 2015

Commission v NTN Corporation and Koyo Seiko: ECJ 14 Feb 1996

ECJ 1. Under Article 37 of the Statute of the Court of Justice, any person establishing an interest in the result of a case submitted to the Court may intervene in that case before the Court, and submissions made in an application for leave to intervene must be limited to supporting the submissions of one … Continue reading Commission v NTN Corporation and Koyo Seiko: ECJ 14 Feb 1996

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

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

Henn and Darby v Director of Public Prosecutions: HL 1980

The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles. Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It … Continue reading Henn and Darby v Director of Public Prosecutions: HL 1980

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

Criminal proceedings against Arcaro: ECJ 26 Sep 1996

ECJ 1. Where, under the procedure provided for by Article 177 of the Treaty, questions are formulated imprecisely, the Court may extract from all the information provided by the national court and from the documents concerning the main proceedings the points of Community law needing to be interpreted, having regard to the subject-matter of the … Continue reading Criminal proceedings against Arcaro: ECJ 26 Sep 1996

Moroni v Collo: ECJ 14 Dec 1993

ECJ (Judgment) 1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to … Continue reading Moroni v Collo: ECJ 14 Dec 1993

Kobler v Republik Osterreich: ECJ 30 Sep 2003

The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from the state for the wrongful dismissal of his claim by the court. Held: It was for … Continue reading Kobler v Republik Osterreich: ECJ 30 Sep 2003

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

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

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

Commission v Council – C-25/94: ECJ 19 Mar 1996

ECJ 1. The Permanent Representatives’ Committee is not an institution of the Communities upon which the Treaty confers powers of its own but an auxiliary body of the Council, for which it carries out preparation and implementation work, as is clear from Article 145 of the Treaty, which provides that the Council shall have power … Continue reading Commission v Council – C-25/94: ECJ 19 Mar 1996

Commission v United Kingdom: ECJ 10 Sep 1996

ECJ (Judgment) A Member State fails to comply with its obligations under Articles 2(1) and (2) and 3(2) of Directive 89/552 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities if, in order to determine the satellite broadcasters falling under … Continue reading Commission v United Kingdom: ECJ 10 Sep 1996

Manukau Urban Maori Authority and others v Treaty of Waitangi Fisheries Commission and others and Reuben Brian Perenara v Treaty of Waitangi Fisheries Commission and others (New Zealand): PC 2 Jul 2001

(New Zealand) The treaty of settlement between the Maori people and the state operated also as a settlement as between the various Maori peoples. Inherited rights to control fisheries were to be construed so as to benefit the Maori people as a . .

‘Geitling’ Ruhrkohlen-Verkaufsgesellschaft mbH, ‘Mausegatt’ Ruhrkohlen-Verkaufsgesellschaft mbH ‘Prasident’ Ruhrkohlen-Verkaufsgesellschaft mbH and associated companies v High Authority of the European Coal and Steel Community: ECJ 12 Feb 1960

References: C-16/59, [1960] EUECJ C-16/59 Links: Bailii ECJ The grounds of a decision limited to stressing the objectives to be attained by the high authority to ensure compliance with the treaty but expressly refraining from laying down precise rules which will have to be settled in the future, do not constitute a decision but simply … Continue reading ‘Geitling’ Ruhrkohlen-Verkaufsgesellschaft mbH, ‘Mausegatt’ Ruhrkohlen-Verkaufsgesellschaft mbH ‘Prasident’ Ruhrkohlen-Verkaufsgesellschaft mbH and associated companies v High Authority of the European Coal and Steel Community: ECJ 12 Feb 1960

NML Capital Ltd v The Republic of Argentina: ComC 29 Jan 2009

The defendant state sought to prevent the company enforcing a judgment entered against it in the USA. Held: Where the judgment was properly obtained, a claim of sovereign immunity would not operate to allow avoidance of an enforcement of the judgement. The requirements of section 3(1) had been met, and the defendant’s application to set … Continue reading NML Capital Ltd v The Republic of Argentina: ComC 29 Jan 2009

Broomco (1984) Ltd v Customs and Excise: Cust 4 Jul 2002

Post-Clearance Demands – New Zealand butter – Cleared on basis of certificates by New Zealand authorities – Later dispute as to validity – Quota under Protocol 18 of Accession Treaty – Whether post-clearance recovery impliedly excluded – No – Current access under WTO agreements – No exclusion in principle of post – clearance recovery under … Continue reading Broomco (1984) Ltd v Customs and Excise: Cust 4 Jul 2002

KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008

AIT Article 5 of the Citizens Directive (Council Directive 2004/38/EC) does not confer an unqualified right of pre-entry, entry or residence on family members of a Union citizen exercising Treaty rights. Family members are required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. As explained … Continue reading KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008

HM Revenue and Customs v Epson Telford Ltd: ChD 4 May 2007

The parties disputed whether inkjet printer cartridges were to be classsified on import as parts of printers, and free of duty, or as ink and subject to duty. Held: ‘I can see no reason why the advances in design and technology incorporated into the G2 and G3 cartridges should make it any less appropriate to … Continue reading HM Revenue and Customs v Epson Telford Ltd: ChD 4 May 2007

International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

Micula and Others v Romania: SC 19 Feb 2020

The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020

Leeds City Council v Watkins, Whiteley: ChD 25 Mar 2003

The authority sought to control local unlicensed Sunday markets. Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded … Continue reading Leeds City Council v Watkins, Whiteley: ChD 25 Mar 2003

AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001

The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001

Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

Strathclyde Regional Council v Wallace: HL 1988

Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988

M’Cance v The London And North Western Railway Company: 20 Jun 1864

The plaintff contracted with the defendant for the transport of horses, understating their value. On their loss, the plaintiff sought their full value. The defendant had succeeded in limiting the award to the value stated. Held: Williams J cited with approval Blackburn’s statement in his Treaty on the Contract of Sale that ‘when parties have … Continue reading M’Cance v The London And North Western Railway Company: 20 Jun 1864

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

Zalewska v Department for Social Development: HL 12 Nov 2008

(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

Watts, Regina (on the Application of) v Bedford Primary Care Trust and others: Admn 1 Oct 2003

The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced the waiting time to four months. She sought judicial review, and to recover the cost … Continue reading Watts, Regina (on the Application of) v Bedford Primary Care Trust and others: Admn 1 Oct 2003

Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

EQUAL PAY ACT – Article 141/European law EQUAL PAY ACT – Equal value EQUAL PAY ACT – Other establishments 1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for … Continue reading Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

Osoro (Surinder Singh): UTIAC 22 Oct 2015

UTIAC (i) The rationale of the decision in R v Immigration Appeal Tribunal and Surinder Singh ex parte Secretary of State for the Home Department [1992] ECR I-4265 is formed by two principles, namely the principle of the efficacious enjoyment of Treaty rights and the principle of non-discrimination. (ii) These are the two principles to … Continue reading Osoro (Surinder Singh): UTIAC 22 Oct 2015

Jackson and others v Attorney General: HL 13 Oct 2005

The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005

Dieter Rossmeier v Mountbody Transport and Others: IHCS 7 Feb 2000

A firm with its business base outside had begun an action in Scotland. The court ordered the pursuer to nominate somebody within the jurisdiction to have conduct of the proceedings and to bear the possible burden of costs. The order was not valid since it was in breach of European law. A Scottish court order … Continue reading Dieter Rossmeier v Mountbody Transport and Others: IHCS 7 Feb 2000

The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009

LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009

Maclaine Watson and Co Ltd v International Tin Council: CA 1988

The court asked the extent to which international law forms part of the law of this country. Nourse LJ said: ‘For up to two and a half centuries it has been generally accepted amongst English judges and jurists that international law forms part of the law of this country. In all events if it can … Continue reading Maclaine Watson and Co Ltd v International Tin Council: CA 1988

Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

BHB Enterprises Plc v Victor Chandler (International) Ltd: ChD 27 May 2005

The claimant created a very substantial computerised database about horses and the racing industry. It licensed the database to users, including some who were able to grant sub-licenses. It sought to rely on the Database Directive to support its rights to prevent unauthorised extractions or utilisations of the database. Allegations were made that it had … Continue reading BHB Enterprises Plc v Victor Chandler (International) Ltd: ChD 27 May 2005

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

VB and Others v Westminster Magistrates: SC 5 Nov 2014

Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014

British Airways Board v Laker Airways Limited: HL 1985

The plaintiffs tried to restrain the defendant from pursuing an action in the US courts claiming that the plaintiffs had acted together in an unlawful conspiracy to undermine the defendant’s business. Held: The action in the US were unlawful under the Sherman and Clayton acts, but were not unlawful in English law. The English courts … Continue reading British Airways Board v Laker Airways Limited: HL 1985

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017