Search Results for: EC Treaty Art 39

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Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: QBD 1995

(Divisional and Court of appeal) The claimants sought judicial review of a condition requiring an employee to have had two years of continuous employment before becoming eligible to make a claim for unfair dismissal. This condition was neutrally expressed and all employees, regardless of age, had to satisfy it in order to qualify to bring … Continue reading Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: QBD 1995

Rewe Zentralfinanz v Landwirtschaftskammer Westphalen-Lippe: ECJ 11 Oct 1973

ECJ Customs duties – charges having an effect equivalent to – meaning – phyto-sanitary examination – charges – imposition – prohibition (EEC Treaty, article 13 (2)) Pecuniary charges, whatever their amount, imposed for reasons of phyto-sanitary examination of products when they cross the frontier, which are determined according to criteria of their own, which criteria … Continue reading Rewe Zentralfinanz v Landwirtschaftskammer Westphalen-Lippe: ECJ 11 Oct 1973

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

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

Fischer v Finanzamt Donaueschingen: ECJ 2 Jul 1998

The taxpayer ran several gaming clubs under a license authorising roulette type games. He was assessed to VAT, calculated on a probability basis. Held: In general VAT was recoverable on unlawful supplies, including unlawful gaming arrangements, but where the national legislation exempted lawful arrangements it could not be applied to unlawful versions. Fiscal neutrality prevented … Continue reading Fischer v Finanzamt Donaueschingen: ECJ 2 Jul 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

CMC Motorradcenter Gmbh v Baskiciullari: ECJ 13 Oct 1993

ECJ Obligation to provide information was too vague to be a restriction on trade – Article 30 of the Treaty does not preclude a rule established in the courts of a Member State from imposing an obligation to provide information prior to contract, as a result of which a parallel importer is under an obligation … Continue reading CMC Motorradcenter Gmbh v Baskiciullari: ECJ 13 Oct 1993

Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998

(Judgment) It was open to member states to refuse to allow claim VAT input reclaims on articles purchased for transport which constituted the very tool of the trade of a taxpayer. Driving instructors may not reclaim VAT on their transport. Citations: Times 02-Jul-1998, C-43/96, [1998] EUECJ C-43/96 Links: Bailii Statutes: Council Directive 77/388/EEC, EC Treaty … Continue reading Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998

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

Commission of the European Communities v Ireland: ECJ 19 Oct 1999

The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this … Continue reading Commission of the European Communities v Ireland: ECJ 19 Oct 1999

W Beus GmbH and Co v Hauptzollamt Munchen (Judgment): ECJ 13 Mar 1968

Europa Agriculture – common agricultural policy – common organization of the markets – fruit and vegetables – entry price – deduction of taxes on imports, including the German turnover equalization tax – fixing – duties of the commission (regulation no 23 of the council of the EEC of 4 April 1962, sixth subparagraph of article … Continue reading W Beus GmbH and Co v Hauptzollamt Munchen (Judgment): ECJ 13 Mar 1968

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

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

Hauer v Council and Commission: ECFI 14 Jul 1998

The reduction by Regulation No 816/92 of the reference quantities exempt from the additional levy on milk for 1992/93, without compensation, did not breach the right to property, the principle of protection of legitimate expectations or the principle of equality. First, that measure was justified by the concern to continue with the rationalisation of the … Continue reading Hauer v Council and Commission: ECFI 14 Jul 1998

Holcim (Deutschland) v Commission (Competition): ECFI 21 Apr 2005

Europa Article 85 of the EC Treaty (now Article 81 EC) – Compliance with a judgment of the Court of First Instance – Reimbursement of bank guarantee charges – Non-contractual liability of the Community Citations: T-28/03, [2005] EUECJ T-28/03 Links: Bailii Jurisdiction: European Commercial Updated: 24 April 2022; Ref: scu.224398

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

Nippon Seiko KK v Council of The European Communities: ECJ 17 Dec 1984

ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon … Continue reading Nippon Seiko KK v Council of The European Communities: ECJ 17 Dec 1984

Texas Instruments v Hauptzollamt Munchen-Mitte (Judgment): ECJ 14 Nov 1985

Common customs tariff – alteration or suspension of import duties – powers of the council – limits (eec treaty, art. 28; council regulation no 2841/79) although article 28 of the EEC treaty, which concerns autonomous alterations or suspensions of common customs tariff duties, leaves the council considerable discretion, it is for the court to ascertain … Continue reading Texas Instruments v Hauptzollamt Munchen-Mitte (Judgment): ECJ 14 Nov 1985

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

Regina v Secretary of State for the Home Department Ex Parte Kaur (Justice, Intervener) Case C-192/99: ECJ 8 Mar 2001

The applicant had a British Passport, but had a British overseas citizen without a right of residence. Temporary leave to stay was renewed but eventually terminated. She claimed to be a citizen and therefore under European law entitled to freedom of movement within the EU. When the UK became a member of the EU it … Continue reading Regina v Secretary of State for the Home Department Ex Parte Kaur (Justice, Intervener) Case C-192/99: ECJ 8 Mar 2001

Criminal proceedings against Silvio Berlusconi and Others: ECJ 3 May 2005

ECJ References for a preliminary ruling: Tribunale di Milano (C-387/02 and C-403/02) and Corte d’appello di Lecce (C-391/02) – Italy. Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, … Continue reading Criminal proceedings against Silvio Berlusconi and Others: ECJ 3 May 2005

Berlusconi (Law Relating To Undertakings) 2: ECJ 3 May 2005

Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual … Continue reading Berlusconi (Law Relating To Undertakings) 2: ECJ 3 May 2005

Commission v France C-84/00: ECJ 14 Jun 2001

Failure by a Member State to fulfil its obligations – Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – Free movement of articles of precious metal – Rules on acceptable standards of fineness [2001] EUECJ C-84/00, [2001] ECR I-4553, ECLI:EU:C:2001:339 Bailii European Commercial Updated: 26 January 2022; Ref: scu.162789

Janowiec And Others v Russia: ECHR 21 Oct 2013

ECHR Grand Chamber – Article 3 Inhuman treatment Positive obligations Alleged failure adequately to account for fate of Polish prisoners executed by Soviet secret police at Katyn in 1940: no violation Article 35 Article 35-3 Ratione temporis Court’s temporal jurisdiction in respect of deaths that occurred 58 years before the Convention entered into force in … Continue reading Janowiec And Others v Russia: ECHR 21 Oct 2013

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

Commission v Council C-122/94: ECJ 29 Feb 1996

(Judgment) 1. Agriculture – Competition rules – Provisions of the Treaty relating to aid granted by States – Applicability in the wine sector – Consequence – Power of the Council to authorize aid by derogation in view of exceptional circumstances (EC Treaty, Art. 42 and Arts 92 to 94; Council Regulation No 822/87, Art. 76) … Continue reading Commission v Council C-122/94: ECJ 29 Feb 1996

Skanavi and Chryssanthakopoulos (Judgment): ECJ 29 Feb 1996

Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty. Europa 1. As Community law stands, and prior to the implementation of Directive 91/439 on driving licences, Article 52 … Continue reading Skanavi and Chryssanthakopoulos (Judgment): ECJ 29 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

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

Ferriere Nord 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 Ferriere Nord 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

Alfa Acciai v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Markets concrete reinforcing bars 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 prices and payment terms – Limiting or controlling production or sales – Excess of … Continue reading Alfa Acciai v Commission: ECFI 9 Dec 2014

Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

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

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

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

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

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

Bankovic v Belgium: ECHR 12 Dec 2001

(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001

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

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

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

Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

Antonissen v Council and Commission: ECJ 29 Jan 1997

ECJ (Order) 1 Applications for interim measures – Provisional measures – Measures not expressly sought by the applicant – Discretion of the judge dealing with the application (EC Treaty, Art. 186) 2 Applications for interim measures – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Discretion of … Continue reading Antonissen v Council and Commission: ECJ 29 Jan 1997

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

Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

Criminal Proceedings Against Kolpinghuis Nijmegen Bv: ECJ 8 Oct 1987

Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the state where that state fails to implement the directive in national law by the end of the period prescribed or where it fails to … Continue reading Criminal Proceedings Against Kolpinghuis Nijmegen Bv: ECJ 8 Oct 1987

The Queen v Secretary of State for the Home Department, ex parte Barkoci and Malik and similar: ECJ 27 Sep 2001

The EU Treaty provisions recognising the rights of entry of certain citizens of Czechoslovakia, Poland and Bulgaria had direct effect. Three applicants had entered the UK misrepresenting their intentions to stay as temporary. Rights of entry and residence as corollaries of the right of establishment, were conferred on such nationals wishing to pursue activities of … Continue reading The Queen v Secretary of State for the Home Department, ex parte Barkoci and Malik and similar: ECJ 27 Sep 2001

Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer: ECJ 29 Sep 1998

In a complaint of trade mark infringement, and when comparing the mark and sign, a lesser degree of similarity between the marks may be offset by a greater degree of similarity between the goods/services and vice versa.
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .

ZA (Reg 9 EEA Regs; Abuse of Rights) Afghanistan: UTIAC 31 Jul 2019

(i) The requirement to have transferred the centre of one’s life to the host member state is not a requirement of EU law, nor is it endorsed by the CJEU. (ii) Where an EU national of one state (‘the home member state’) has exercised the right of freedom of movement to take up work or … Continue reading ZA (Reg 9 EEA Regs; Abuse of Rights) Afghanistan: UTIAC 31 Jul 2019

Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006

The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006

Dyson Ltd v Qualtex (Uk) Ltd: CA 8 Mar 2006

Jacob LJ: In the context of construing an international treaty by reference to the travaux preparatoires to find a definite legal intention Lord Steyn said: ‘Only a bull’s-eye counts’ (Effort Shipping v Linden Management [1988] AC 605 at 625). Much the same goes for trying to ascertain such an intention from a White Paper which … Continue reading Dyson Ltd v Qualtex (Uk) Ltd: CA 8 Mar 2006

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Morgan and Another v Hinton Organics (Wessex) Ltd: CA 2 Mar 2009

The claimants had alleged that smells from a composting site near their homes constituted a private nuisance. Following the discharge of an interim injunction, Judge Seymour ordered the claimants to pay the costs of the injunction proceedings. The claimants appealed against the costs order on the ground that this imposed upon them prohibitive expense, contrary … Continue reading Morgan and Another v Hinton Organics (Wessex) Ltd: CA 2 Mar 2009

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

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

Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982

The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982

Nabob of The Carnatic v East India Company: 23 Jul 1791

Citations: [1791] EngR 1443, (1791) 1 Ves Jun 371, (1791) 30 ER 391 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 2-Jan-1789 A political treaty, between sovereigns, or parties exercising sovereign authority cannot be the subject of a municipal jurisdiction. . . See Also … Continue reading Nabob of The Carnatic v East India Company: 23 Jul 1791

Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another: ChD 16 Jun 2004

The claimants were due to have substantial sums repaid after it had been found that the system of making premature reclaims of advance corporation tax had been was discriminatory under European Law. Held: The sums payable were to carry interest calculated on a compound interest basis. Judges: Park J Citations: Times 25-Jun-2004, [2004] EWHC 2387 … Continue reading Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another: ChD 16 Jun 2004

Ministry of Defence v Armstrong and Another: EAT 7 Apr 2004

The MOD (the Appellants) contend that the Employment Tribunal erred in law in holding, in a Decision promulgated on 17 September 2002 after a preliminary hearing, that they had not established a ‘material factor’ defence to the Respondents’ claims for equal pay, pursuant to the provisions of the Equal Pay Act 1970 and Article 141 … Continue reading Ministry of Defence v Armstrong and Another: EAT 7 Apr 2004

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

QRS 1 APS and others v Frandsen: CA 21 May 1999

The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought a similar sum in damages against the respondent. Held: An English court will not enforce … Continue reading QRS 1 APS and others v Frandsen: CA 21 May 1999

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

Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005

The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

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

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

O’Conor, Re an Application for Judicial Review: QBNI 23 Feb 2005

Judicial review – decision that post in DPP was a public service post – whether decision unlawful – characteristics of public service employment – whether decision maker had discretion to open post to Irish national – Article 39(4) of EU Treaty Judges: Girvan J Citations: [2005] NIQB 11 Links: Bailii Jurisdiction: Northern Ireland Employment Updated: … Continue reading O’Conor, Re an Application for Judicial Review: QBNI 23 Feb 2005

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

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

EAT JURISDICTIONAL POINTS By a Treaty of 1960, the UK constituted the island of Cyprus an independent state, but retained two areas of the Island as military base areas (the Sovereign Base Areas – ‘SBAs’). Civilians who were dependents of service personnel or civil servants accompanying the Armed Forces in the SBAs engaged while in … Continue reading Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010

The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Norris v Government of United States of America: SC 24 Feb 2010

The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010

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

HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Somerville v Scottish Ministers: HL 24 Oct 2007

The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007

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