The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
Contracts between the members of a firm and third parties, and which were subject to the partnership contract, but which were expressed to be personal and incapable of assignment, were still held on trust for the partnership, and renewals made before a winding up of the partnership were also held in trust. The benefit of … Continue reading Don King Productions Inc v Warren; Roberts; Centurion Promotions Limited (Formerly Sports Network Limited); Sports Network Usa, Inc; Time Warner Entertainment Company, Lp and Sport International, Inc: CA 19 Nov 1998
Tenant not liable for rates after forfeiture – constituted termination of lease. Citations: Ind Summary 06-Nov-1995 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 November 2022; Ref: scu.82800
The Claimant was dismissed by the Appellant immediately prior to a TUPE transfer from the Appellant to a third party. He brought a claim for unfair dismissal against the Appellant alone in which he claimed that his dismissal was unfair in terms of Regulation 7(1) of TUPE. The Appellant conceded that the dismissal of the … Continue reading Greater Glasgow Health Board v Neilson (Transfer of Undertakings; Dismissal; Remedies; Re-Engagement): EAT 16 Feb 2021
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components Sections 5(1), 5(2) and 5(3) Distinctive Character of Earlier Trade Mark – Any unusual issues Sections 5(1), 5(2) and 5(3) Likelihood of Confusion – State of the register Judges: Mrs T Perks Citations: [2019] UKIntelP o42819 Links: Bailii Jurisdiction: England and Wales … Continue reading Speaking Up (Trade Mark: Opposition): IPO 24 Jul 2019
The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
VALUE ADDED TAX – assessments for VAT on under declared takings – assessments in time and to best judgment – assessments not displaced and upheld – penalty for deliberate and concealed inaccuracies – held neither but inaccuracies were careless – penalty reduced. Citations: [2020] UKFTT 70 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: … Continue reading Ali (T/A Indian Voojan) v Revenue and Customs (Value Added Tax – Assessments for VAT On Under Declared Takings): FTTTx 4 Feb 2020
Healthcare provider Turning Point has signed an undertaking committing the organisation to take action after the loss of three service users’ files during an office relation. Five local authorities have signed undertakings to comply with the seventh data protection principle, following incidents where the councils failed to take appropriate steps to ensure that personal information … Continue reading Turning Point (Undertakings): ICO 18 Jan 2012
Appeal from sentence of 5 years for robbery and otherwise. Citations: [2009] EWCA Crim 266, [2009] 2 Cr App Rep (S) 71 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 26 November 2022; Ref: scu.381498
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
Citations: [1998] EWHC Admin 1063 Links: Bailii Jurisdiction: England and Wales Planning Updated: 26 November 2022; Ref: scu.139184
Where a permission required work to be commenced within a certain time period, and work was indeed commenced, it was not open for the planning authority to suggest that although the work had been begun, there was no intention to complete it, and that accordingly that the permission was revoked. It was held that there … Continue reading Riordan Communications Ltd v South Buckinghamshire District Council: QBD 18 Jan 2000
Citations: [1999] EWHC Admin 54 Links: Bailii Jurisdiction: England and Wales Planning Updated: 26 November 2022; Ref: scu.139318
Citations: [1998] EWHC Admin 656 Links: Bailii Jurisdiction: England and Wales Land Updated: 26 November 2022; Ref: scu.138777
The applicant appealed dismissal of his appeal against a planning enforcement notice issued by the respondent. He said the change had taken place more than ten years before the notice and so was immune to enforcement proceedings. An earlier decision appeared to establish use at that time. Held: An issue estoppel was claimed for which … Continue reading Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council: Admn 14 Mar 1997
The council issued enforcement notices in respect of an unauthorised use of land. An amenity notice was also issued and an appeal was entered. At an interlocutory hearing, the prosecutions were agreed to be dropped, and one of the land users alleged that the council’s solicitor agent agreed also to with draw the enforcement notices. … Continue reading South Buckinghamshire District Council v Flanagan and Another: QBD 16 Jul 2001
Rights to inspect books and accounts of a local authority. Judges: The Hon. Mrs Justice Thornton DBE Citations: [2021] EWHC 1032 (Admin) Links: Bailii Statutes: Local Audit and Accountability Act 2014 26 Jurisdiction: England and Wales Local Government Updated: 26 November 2022; Ref: scu.662326
The Claimant resigned after a TUPE transfer and claimed unfair dismissal relying on alleged fundamental breaches of contract by his employer and/or on regulation 4(9) of TUPE arising from the introduction of new standby/call out arrangements and the extension of his duties in relation to safety. The ET rejected his claim that he was to … Continue reading Lewis v Dow Silicones Uk Ltd (Transfer of Undertakings): EAT 4 Mar 2021
Liquidator’s appeal from strike out of allegation of transactions by directors at undervalue. Held: The appeal failed. Citations: [2013] EWCA Civ 1408 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 26 November 2022; Ref: scu.518035
Alberta Citations: [1911] UKPC 6 Links: Bailii Jurisdiction: Canada Commonwealth Updated: 26 November 2022; Ref: scu.420879
(Canada) ‘Whether any and what restrictions exist on the power of a licensor to determine a revocable licence must, there Lordships think, depend upon the circumstances of each case.’A licencee whose licence is revocable is entitled to reasonable notice of revocation. Lord Russell of Killowen said: ‘when the exercise of the rights conferred by the … Continue reading The Canadian Pacific Railway Company v The King: PC 19 Feb 1931
A prison or common gaol is a house within the meaning of 9 Geo. I. e. 2Z Citations: [1730] EngR 52, (1730-1815) 1 Leach 69, (1730) 168 ER 137 (B) Links: Commonlii Jurisdiction: England and Wales Crime Updated: 26 November 2022; Ref: scu.387681
The persons who are supposed to have been seconds at a duel, may refuse to gave evidence on the trial of the principals, but their testimony may he received as the testimony of persons admitted witnesses for the Crown, arid if once sworn, they must disclose the whole truth, although they may thereby involve themselves … Continue reading The King v England: 1730
Citations: [1997] ECHR 150, 33689/96, (1997) 25 EHRR CD 172 Links: Bailii Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.276366
(Judgment) Failure of a Member State to fulfil obligations – Directive 96/29/Euratom – Protection of the health of workers and the general public against the dangers arising from ionizing radiation – Failure to transpose in whole territory Citations: [2004] EUECJ C-218/02 Links: Bailii Jurisdiction: European Health and Safety Updated: 26 November 2022; Ref: scu.192786
Local Government pensions Citations: [2003] EWCA Civ 280, [2003] ICR 1008, [2003] 2 All ER 761, [2003] IRLR 359, [2003] Pens LR 79, [2003] OPLR 187 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman ChD 23-May-2002 The … Continue reading London Borough of Newham v Skingle: CA 20 Feb 2003
The council requested a warrant for possession be issued on the basis of certified arrears of pounds 333 when they were in breach of their statutory duty to assist the tenant in his claim for housing benefit and save for pounds 28, were relying on the product of their own wrongdoing. There were further irregularities … Continue reading Mayor and Burgesses of London Borough of Barking and Dagenham v Saint: CA 21 Aug 1998
VAT – Public authority car park – Whether ‘overpayment’ of parking charge consideration for VAT purposes – Whether distinguishable from NCP v HMRC – No – Appeal dismissed Citations: [2021] UKFTT 10 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 25 November 2022; Ref: scu.661730
PROCEDURE – HMRC seeking to rely on documents confidential to one appeal in joined appeal concerning that appellant and another appellant – first appellant objecting – decision based on relevance of material – application allowed in part Citations: [2020] UKFTT 102 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 25 November 2022; Ref: … Continue reading Mitchell and Bell v Revenue and Customs (Procedure : HMRC Seeking To Rely On Documents Confidential): FTTTx 30 Oct 2019
PRACTICE AND PROCEDURE – appearance/striking-out The Claimant was represented by her husband, who is not legally qualified. They attended and participated in a Preliminary Hearing, at which an ET considered whether the Claimant’s claims had no, or little reasonable prospect of success, and allowed them to proceed without making a deposit order. The Claimant was … Continue reading Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020
Appeals against enforcement notices. Judges: Lang DBE J Citations: [2016] EWHC 427 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 25 November 2022; Ref: scu.560726
Strike-out Application – late Notice of Appeal – jurisdiction – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – CEMA 1994 Sections 49(1) and 139(1) – Application allowed Citations: [2012] UKFTT 454 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 25 November 2022; Ref: scu.466037
The venue ought not to be changed, in an action brought by an attorney in the Court of which he is an attorney. Citations: [1790] EngR 1387, (1790) Say 153, (1790) 96 ER 835 (B) Links: Commonlii Jurisdiction: England and Wales Litigation Practice Updated: 25 November 2022; Ref: scu.364440
A person is not to be removed, until he becomes chargeable to the parish, in which he resided under a certificate. Citations: [1790] EngR 1609, (1790) Say 283, (1790) 96 ER 881 (B) Links: Commonlii Jurisdiction: England and Wales Local Government Updated: 25 November 2022; Ref: scu.364662
Where one party appeals a judgment on its merits, the respondent is then entitled to seek to support it, even without needing further permission, on further grounds. Citations: [2003] 1 WLR 307, [2002] EWCA 1142 Jurisdiction: England and Wales Cited by: Cited – Kastor Navigation Co Ltd and Another v Axa Global Risks (Uk) Ltd … Continue reading Cie Noga d’Importation et d’Exportation SA v Australia and New Zealand Banking Group Ltd: 2002
(West Africa) The judge had failed to give a direction on provocation in a murder case where the issue properly arose. Lord Goddard said: ‘But if on the whole of the evidence there arises a question whether or not the offence might be manslaughter only, on the ground of provocation as well as on any … Continue reading Kwaku Mensah v The King: PC 1946
Mr Robinson’s houses were damaged by water overflowing from the council’s public sewers. The sewers were adequate until new houses were built. He claimed damages in respect of the council’s failure to build a new sewer of sufficient dimensions to carry off the increased volume of sewage. Held: The court dismissed his claim. The 1875 … Continue reading Robinson v Workington Corporation: CA 1897
A crook ordered some brass rivet wire from a metal manufacturer. On his stationery he represented falsely that he was in business in a big way, running a large factory and having several depots and agencies. The manufacturer supplied the goods but was not paid. Held: King’s Norton was unable to recover the goods or … Continue reading King’s Norton Metal Co Ltd v Edridge Merrett and Co Ltd: CA 1879
During a voluntary winding up, an action having been brought against the company on bills of exchange, the Court stayed execution only, and directed the costs to be added to the debt. Citations: [1866] EngR 103 (B), (1866) 35 Beav 280 Links: Commonlii Jurisdiction: England and Wales Banking Updated: 25 November 2022; Ref: scu.280814
The court was asked whether a lease vested in an administrator in his own right merged in the reversion held by him as administrator. Held: ‘mergers are odious in equity and never allowed unless for special reason’. There was no merger because the interests were held in different rights. Judges: Fry J Citations: (1878) 10 … Continue reading Chambers v Kingham: 1878
Citations: [2001] EWCA Civ 1664 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Griffin v Buckingham County Council EAT 8-May-2001 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 24 November 2022; Ref: scu.201492
Leasehold Enfranchisement and Extension – Flats – Collective Enfranchisement Citations: [2019] UKFTT RP – LON – 00AC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 24 November 2022; Ref: scu.647479
Bail-bonds need not pursue the words of the return of process. Citations: [1795] EngR 3100, (1795) 2 Str 1155, (1795) 93 ER 1097 (A) Links: Commonlii Jurisdiction: England and Wales Criminal Practice Updated: 24 November 2022; Ref: scu.355445
Judges: Guido Raimondi, P Citations: 62498/11 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 947, (2016) 63 EHRR 2 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another IPT 12-Feb-2016 ‘hearing in respect … Continue reading RE v The United Kingdom: ECHR 27 Oct 2015
Power of court to sanction scheme of arrangement Citations: [2014] EWHC 3849 (Ch), [2016] 1 All ER (Comm) 30, [2015] Bus LR 374, [2014] WLR(D) 499, [2015] 4 All ER 572, [2015] BCC 142 Links: Bailii, WLRD Jurisdiction: England and Wales Company Updated: 23 November 2022; Ref: scu.538903
Citations: 8655/10, [2010] ECHR 1817 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – FI And Others v The United Kingdom ECHR 15-Mar-2011 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 23 November 2022; Ref: scu.426926
If a stage-coach be robbed of a parcel which was intended to be conveyed from one place to another: the things stolen may be laid to be the property of the coachman. Citations: [1730] EngR 51, (1730-1815) 2 Leach 862, (1730) 168 ER 530 Links: Commonlii Jurisdiction: England and Wales Criminal Practice Updated: 23 November … Continue reading The King v Deakin And Smith: 1730
The applicant complained under Article 6 – 1 of the Convention that the ancillary relief proceedings were not dealt with within a reasonable time, that he was not given a real opportunity to present his case and that some of the judges involved in the proceedings were not impartial. Judges: Lech Garlicki, P Citations: 5787/06, … Continue reading Holmes v The United Kingdom: ECHR 10 Feb 2009
Claim for widow’s benefit Judges: Lech Garlicki, P Citations: 36534/04, [2009] ECHR 426 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.317918
Citations: 26839/05, [2008] ECHR 1575 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Kennedy v United Kingdom ECHR 18-May-2010 The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a … Continue reading Kennedy v United Kingdom: ECHR 20 Nov 2008
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001
A person who is liable to be detained in a hospital by virtue of an application or order under that Act may either be actually detained or given leave of absence. While on leave of absence it may well be that the patient’s disorder is not such that he needs to be detained in hospital. … Continue reading Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Anorther: CA 30 Jul 1998
DISABILITY DISCRIMINATION The claimant, a supervising social worker in the respondent’s fostering team, was dismissed for her conduct in giving gifts to a child for whom she was responsible without the authority of her manager, and because of what was considered to be the inappropriate content of a case note that she had written. Before … Continue reading Morgan v Buckinghamshire Council: EAT 28 Oct 2022
Rents – Market Rent (Assured Shorthold Tenancy Citations: [2022] UKFTT CAM – 00MG – MNR Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 November 2022; Ref: scu.674366
The Quarter Sessions may adjourn an appeal from an order removal. Citations: [1792] EngR 2509, (1792) 1 Ld Raym 481, (1792) 91 ER 1220 (B) Links: Commonlii Jurisdiction: England and Wales Litigation Practice Updated: 23 November 2022; Ref: scu.360721
The complainant has requested information about a Facebook Group that is operated by a named councillor. Buckingham Town Council responded that the information was not held. The Commissioner’s decision is that the Council has correctly confirmed that the information is not held. The Commissioner does not require the Council to take any steps, but refers … Continue reading Buckingham Town Council (Local Government): ICO 10 Dec 2019
Praxis Care Limited breached both the UK Data Protection Act and the Isle of Man Data Protection Act by failing to keep peoples’ data secure. An unencrypted memory stick, containing personal information relating to 107 Isle of Man residents and 53 individuals from Northern Ireland, was lost on the Isle of Man. Citations: [2012] UKICO … Continue reading Praxis Care Limited (Undertakings): ICO 18 Jan 2012
Case, about Article 15 of Brussels II Revised in care proceedings concerning ‘A’, Citations: [2014] EWHC 2472 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 22 November 2022; Ref: scu.535306
Citations: [2013] EWHC 636 (Ch), [2013] 4 Costs LR 535 Links: Bailii Jurisdiction: England and Wales Costs Updated: 22 November 2022; Ref: scu.471966
If a claim is mistakenly brought against an LLP which should have been brought against the former partnership, and before the error is recognised the limitation period for starting a new action has expired, can the error be corrected by substituting the former partnership for the LLP as the defendant to the claim? That is … Continue reading The Insight Group Ltd and Another v Kingston Smith (A Firm): QBD 18 Dec 2012
Citations: [2011] EWHC 2954 (QB), [2012] 1 Costs LR 105 Links: Bailii Jurisdiction: England and Wales Costs Updated: 22 November 2022; Ref: scu.448389
Judges: Mrs Justice Proudman Citations: [2010] EWHC 1795 (Ch), [2010] WTLR 1571, [2010] PTSR CS29, 13 ITELR 391 Links: Bailii Jurisdiction: England and Wales Wills and Probate Updated: 22 November 2022; Ref: scu.420781
Citations: [2001] EWCA Civ 889, 79 Con LR 80 Links: Bailii Jurisdiction: England and Wales Construction Updated: 22 November 2022; Ref: scu.201182
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
Citations: [2004] ScotCS 144 Links: Bailii Jurisdiction: Scotland Citing: See Also – Van Overwaele v Hacking and Paterson for Recall of an Award of Sequestration SCS 8-Aug-2001 . . Cited by: See Also – Russell v Van Overwaele SCSF 2-Mar-2005 ‘The Sheriff Principal having resumed consideration of the cause Refuses the appeal and Adheres to … Continue reading Van Overwaele v Hacking and Paterson and Another: ScS 22 Apr 2004
The claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness. Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought. Judges: Waller, Mantell, Laws LJJ Citations: [2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] … Continue reading Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003
Citations: [2003] EWCA Civ 1093 Links: Bailii Jurisdiction: England and Wales Land Updated: 20 November 2022; Ref: scu.185302
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to general structure of court martial system; No violation of Art. 6-1 with regard to specific complaints; No violation of Art. 6-3-c; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsThe factor which gave rise to an … Continue reading Morris v The United Kingdom: ECHR 26 Feb 2002
Citations: [2017] ScotIC 009 – 2017 Links: Bailii Jurisdiction: Scotland Information Updated: 20 November 2022; Ref: scu.578909
Citations: [2017] ScotIC 022 – 2017 Links: Bailii Jurisdiction: Scotland Information Updated: 20 November 2022; Ref: scu.578921
The complainant has requested information from the Royal Borough of Kingston upon Thames (the Council) concerning a decision to postpone a project. The Council responded to advise that it did not hold information within the scope of the request. The Commissioner’s decision is that, based on the balance of probabilities, the Council does not hold … Continue reading Royal Borough of Kingston Upon Thames (Local Government): ICO 17 Dec 2019
Citations: [2013] EWHC 311 (Ch), [2013] WLR(D) 89 Links: Bailii, WLRD Jurisdiction: England and Wales Insolvency Updated: 20 November 2022; Ref: scu.471169
(Court of Appeal for Ontario ) Immunity from suit in negligence for witness evidence. Citations: 2007 84 OR (3d) 738, 2007 280 DLR (4th) 311, 2007 221 O.A.C. 216 Links: Canlii Jurisdiction: Canada Cited by: Cited – Jones v Kaney SC 30-Mar-2011 An expert witness admitted signing a joint report but without agreeing to it. … Continue reading Reynolds v Kingston (Police Services Board): 14 Mar 2007
Citations: [2007] DRS 4683 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 19 November 2022; Ref: scu.259107
The occasions upon which the master is called upon to exercise his reserve of authority either by interfering with the conduct of the ship or by taking the navigation out of the hands of a competent pilot are rare and should the master exercise that reserve authority he must justify his action. Section 15 was … Continue reading Workington Harbour and Dock Board v Towerfield (Owners) (‘The Towerfield’): HL 1951
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 45245/15, [2020] ECHR 144 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649663
ECHR Judgment : Struck out of the list : First Section Citations: 31127/11, [2020] ECHR 185 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649670
Mr Kennedy took his case to the ECHR which subsequently led to confirmation in Strasbourg that IPT procedures did not violate the right to a fair trial Citations: [2010] UKIPTrib 01 – 62 – 4 Links: Bailii Jurisdiction: England and Wales Police, Human Rights Updated: 19 November 2022; Ref: scu.525985
Trial is of the claim arising out of what are alleged to be breaches of fiduciary duty by a former director of the claimant. What is said is that in breach of his duties to Magical Marking, H acquired a complete electronic copy of the designs, business documentation and customer list of Magical Marking which … Continue reading Magical Marking Ltd and Another v Phillips and others: PatC 7 Jul 2008
Citations: [1812] EngR 251, (1812) 15 East 577, (1812) 104 ER 961 Links: Commonlii Jurisdiction: England and Wales Litigation Practice Updated: 19 November 2022; Ref: scu.338737
Income Tax – Appellants Trading As A Partnership and Through A Company – Date of Transfer of Business – April 2005 or August 2005 – involvement of Lunn and Co – lengthy delays – abuse of process – paucity of evidence – discovery amendments – validity – penalties – appeals allowed Citations: [2022] UKFTT 407 … Continue reading Kingdon, Stead and Kingdon v Revenue and Customs: FTTTx 7 Nov 2022
Claim for payment of legal fees – cross claim of professional negligence Judges: Margaret Obi (sitting as a Deputy High Court Judge) Citations: [2021 EWHC 901 (QB) Links: Bailii Jurisdiction: England and Wales Professional Negligence, Costs Updated: 18 November 2022; Ref: scu.662146
Judges: Lord Coulsfield and Lord Johnston and Lord Prosser Citations: [2001] ScotCS 201, [2001] ScotHC 80 Links: Bailii, Bailii Jurisdiction: Scotland Cited by: See Also – Van Overwaele v Hacking and Paterson and Another ScS 22-Apr-2004 . .See Also – Russell v Van Overwaele SCSF 2-Mar-2005 ‘The Sheriff Principal having resumed consideration of the cause … Continue reading Van Overwaele v Hacking and Paterson for Recall of an Award of Sequestration: SCS 8 Aug 2001
On hab. Corp. the officer ought to bring the prisoner into Court, and shall expect his charges at the award of the Court. Citations: [1729] EngR 261, (1729) T Jones 178, (1729) 84 ER 1205 (B) Links: Commonlii Jurisdiction: England and Wales Costs Updated: 18 November 2022; Ref: scu.388209
Among other claims, the Claimant complained that he was required to drive a faulty vehicle back to base while another employee had a van sent to recover his vehicle which merely had a flat tyre. It was his contention that the reason for the difference in treatment was his race. The ET held, in brief … Continue reading Lasila v APCOA Parking (UK) Ltd (Race Discrimination): EAT 18 Aug 2020
Community Right to Bid Citations: [2016] UKFTT CR-2015-0012 (GRC Links: Bailii Jurisdiction: England and Wales Land Updated: 17 November 2022; Ref: scu.644235
EAT TRANSFER OF UNDERTAKINGS – Economic technical or organisational reason The Employment Tribunal erred in law in misapplying the facts it found to the statutory regime. Had it done so without error it would have concluded that the dismissal of the Appellants was not for an ETO reason as the dismissals were not for the … Continue reading Kavanagh and Others v Crystal Palace Fc (2000) Ltd and Others (Transfer of Undertakings : Economic Technical or Organisational Reason): EAT 20 Nov 2012
An undertaking to comply with the seventh data protection principle has been signed by Toshiba Information Systems UK Ltd. This follows a web design error that created the potential for unauthorised access to individual’s personal data. Citations: [2012] UKICO 2012-47 Links: Bailii Jurisdiction: England and Wales Information Updated: 17 November 2022; Ref: scu.529133
UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – appeal and cross appeal as to whether LVT wrongly failed to have regard to relevant matters – proper construction of service charge provision as to recovery of managing agents fees – whether LVT unfairly took a decision on grounds never raised before … Continue reading Kullar and Another v Kingsoak Homes Ltd: UTLC 26 Feb 2013
EAT Disability Discrimination : A claimant suffered from a constellation of symptoms, causing significant difficulty in his day to day life, which could not be attributed to a recognisable pathological or mental cause, but were regarded as functional overlay, accentuated by his being obese (at 21.5 stones). The genuineness of the symptoms and their effects … Continue reading Walker v Sita Information Networking Computing Ltd: EAT 8 Feb 2013
FTTTx VAT – Application by the Appellant for an extension of time to appeal – balancing of the various factors – Application dismissed Citations: [2013] UKFTT 785 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 17 November 2022; Ref: scu.472776
FTTTx VAT – Application by the Appellant for an extension of time to appeal – balancing of the various factors – Application dismissed Citations: [2013] UKFTT 784 (TC) Links: Bailii VAT Updated: 17 November 2022; Ref: scu.472788
Challenge to decision to remove child from care of a family member into foster care without prior consultation. Judges: Jeremy Richardson QC J Citations: [2013] EWHC 388 (Admin) Links: Bailii Children Updated: 17 November 2022; Ref: scu.472685
Citations: 17299/12 – Chamber Judgment, [2013] ECHR 322 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472615
The claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him. Citations: 52962/11 – Communicated Case, [2013] ECHR 336 Links: Bailii Statutes: European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading Brough v The United Kingdom: ECHR 16 Jan 2013
Citations: 44818/11 – Communicated Case, [2013] ECHR 333 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472610
EAT Procedural Issues – Employment Tribunal. Judges: His Honour Judge Peter Clark Citations: EAT/672/99 Links: EAT Jurisdiction: England and Wales Cited by: See Also – Saudia Arabia v Nasser EAT 26-Jul-2000 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 17 November 2022; Ref: scu.254697
A town-clerk durante beneplacito, is removable without cause. Citations: [1793] EngR 1175, (1793) 1 Lev 291, (1793) 83 ER 413 (A) Links: Commonlii Jurisdiction: England and Wales Local Government Updated: 17 November 2022; Ref: scu.357762