Search Results for: Art 24 EC

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ZO (Somalia), Regina (On the Application of) v Secretary of State for the Home Department; R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same: CA 20 May 2009

Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment. Held: The appeals succeeded. The reception directive applied to first time asylum applicants, but ‘The definition in article 2(c) referred to an application ‘in … Continue reading ZO (Somalia), Regina (On the Application of) v Secretary of State for the Home Department; R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same: CA 20 May 2009

Grupo Interpres Sa v Spain: ECHR 7 Apr 1997

(Commission) The applicant sold information about people’s assets to third parties. He complained that the refusal of the Spanish courts to allow him access to the courts’ archives in order to obtain such information violated his rights under article 10. Held: The application was inadmissible. The Commission reiterated that article 10 ‘is intended basically to … Continue reading Grupo Interpres Sa v Spain: ECHR 7 Apr 1997

Club Cruise Entertainment and Travelling Services Europe Bv v The Department for Transport: ComC 18 Nov 2008

!The Claimant is the disponent owner of a cruise ship, the VAN GOGH. In 2006 the ship was chartered by the Claimant to Travelscope Cruises Limited, a cruise operator. In May 2006, the ship was scheduled to perform a series of short cruises, each of about 6 days duration from Harwich to various Norwegian ports … Continue reading Club Cruise Entertainment and Travelling Services Europe Bv v The Department for Transport: ComC 18 Nov 2008

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture Media and Sport: Admn 4 Dec 2006

The court was asked ‘whether a domestic statutory prohibition of political advertising on television and radio violated the human right of would-be political advertisers to freedom of expression through those media. ‘ Held: A declaration of incompatibility was refused. Certificate for leapfrog appeal to House of Lords granted. Judges: Auld LJ and Ouseley J Citations: … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture Media and Sport: Admn 4 Dec 2006

Rizeni Letoveho Provozu UR SP v Bundesamt fur Finanzen: ECJ 15 Feb 2007

Europa (Taxation) Thirteenth VAT Directive Article 2(2) GATS Most-favoured-nation clause Interpretation of secondary Community law in the light of international agreements concluded by the Community Citations: C-335/05, [2007] EUECJ C-335/05, ECLI:EU:C:2007:321 Links: Bailii Jurisdiction: European Cited by: Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017 This … Continue reading Rizeni Letoveho Provozu UR SP v Bundesamt fur Finanzen: ECJ 15 Feb 2007

Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect. Held: Human Rights law requires a proper investigation into deaths, but that … Continue reading Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006

Dereci v Turkey: ECHR 24 May 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage – global award; Pecuniary damage – global award; Costs and expenses partial award – Convention proceedings. Citations: 77845/01, [2005] ECHR 317 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.227390

Shelley v United Artists Corporation Limited: CA 1989

There was a subletting arrangement. United Artists, who were the sub-tenant’s competent landlord under Part II of the 1954 Act, served a notice on the tenant, and then a further notice on the head landlord. The result of second notice was that United Artists ceased to be the competent landlord of the tenant. The tenant … Continue reading Shelley v United Artists Corporation Limited: CA 1989

Forvaltnings AB Stenholmen v Riksskatteverket: ECJ 1 Apr 2004

ECJ Judgment – Sixth VAT Directive – Article 26a – Special arrangements applicable to second-hand goods – The term ‘second-hand goods’ – Horse sold on after training Citations: C-320/02, [2004] EUECJ C-320/02, [2006] BVC 82, [2004] STI 989, [2004] ECR I-3509, [2004] CEC 248, [2006] BTC 5013, [2004] 2 CMLR 56, [2004] STC 1041, [2004] … Continue reading Forvaltnings AB Stenholmen v Riksskatteverket: ECJ 1 Apr 2004

Leyla Sahin v Turkey: ECHR 29 Jun 2004

(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey. Held: Article 9 does not protect every act motivated or … Continue reading Leyla Sahin v Turkey: ECHR 29 Jun 2004

Regina v Secretary of State for the Home Department ex parte Thirakumar and others: CA 1989

After asylum application files had been considered by the Asylum Directorate the papers were returned to the immigration authorities at the relevant port of entry for the holding of a further interview with each of the applicants and the handing to each of them of a reasons letter which had already been prepared by the … Continue reading Regina v Secretary of State for the Home Department ex parte Thirakumar and others: CA 1989

Regina v Secretary of State for Foreign Affairs ex parte Ferhut Butt: Admn 1 Jul 1999

Lightman J said: ‘The general rule is well established that the courts should not interfere in the conduct of foreign relations by the Executive, most particularly where such interference is likely to have foreign policy repercussions . . This extends to decisions whether or not to seek to persuade a foreign government of any international … Continue reading Regina v Secretary of State for Foreign Affairs ex parte Ferhut Butt: Admn 1 Jul 1999

Jochen Schweizer v EUIPO (Du Bist, Was Du Erlebst): ECFI 31 May 2016

(Judgment) Mark of the European Union – Application for verbal mark of the European Union Du bist, was du erlebst. – Absolute grounds for refusal – Trade mark consisting of an advertising slogan – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 ‘ Citations: T-301/15, [2016] EUECJ T-301/15, … Continue reading Jochen Schweizer v EUIPO (Du Bist, Was Du Erlebst): ECFI 31 May 2016

Salduz v Turkey: ECHR 27 Nov 2008

(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate. Held: There had been a violation of art 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with art 6(1), because … Continue reading Salduz v Turkey: ECHR 27 Nov 2008

Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech. Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of … Continue reading Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Haghighi v The Netherlands: ECHR 14 Apr 2009

Citations: (2009) 49 EHRR SE8, 38165/07, [2009] ECHR 765 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011 Parties challenged the rule allowing the respondent to deny the right to enter … Continue reading Haghighi v The Netherlands: ECHR 14 Apr 2009

Lewis v Department of Work and Pensions: EAT 20 Dec 2007

EAT Disability Discrimination: Reasonable adjustmentsPractice and Procedure: time for appealingThe Employment Tribunal did not err when it dismissed the disabled Claimant’s claim that the Respondent unlawfully breached its duty to make reasonable adjustments when her made to measure office chair broke and, over 20 days pending repair, six substitutes were provided for her. The nature … Continue reading Lewis v Department of Work and Pensions: EAT 20 Dec 2007

Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007

EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007

Outokumpu and Luvata v Commission: ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Fines – Size of the market concerned Aggravating circumstances – Repeat infringement Citations: [2009] EUECJ T-122/04 Links: Bailii European, Commercial Updated: 24 July 2022; Ref: scu.342056

Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009

ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of consumer protection measures in the absence of provision of information nullity relative and absolute nullity of the contract – Recognition ex … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009

Uwe Ruffler v Dyrektor Izby Skarbowej we Wroclawiu Osrodek Zamiejscowy w Walbrzychu (Free Movement Of Persons): ECJ 23 Apr 2009

ECJ Article 18 EC – Income tax legislation – Reduction of income tax by the amount of health insurance contributions paid in the Member State of taxation – Refusal of reduction by the amount of contributions paid in other Member States. Citations: C-544/07, [2009] EUECJ C-544/07 Links: Bailii European, Income Tax Updated: 24 July 2022; … Continue reading Uwe Ruffler v Dyrektor Izby Skarbowej we Wroclawiu Osrodek Zamiejscowy w Walbrzychu (Free Movement Of Persons): ECJ 23 Apr 2009

Pedro IV Servicios v Total Espana SA: ECJ 2 Apr 2009

ECJ Competition – Competition Agreements, decisions and concerted practices – Article 81 EC Exclusive distribution agreement for motor-vehicle fuels and other fuels – Exemption Regulation (EEC) No 1984/83 Article 12(2) – Regulation (EC) No 2790/1999 Articles 4(a) and 5(a) – Period of exclusivity – Retail price’fixing Judges: A. Rosas, P Citations: C-260/07, [2009] EUECJ C-260/07 … Continue reading Pedro IV Servicios v Total Espana SA: ECJ 2 Apr 2009

Rotter v OHMI (Forme D’Un Assemblage De Saucisses): ECFI 5 May 2009

ECJ Community trade mark – Application for a three-dimensional Community trade mark Shape of an arrangement of sausages Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94. Citations: T-449/07, [2009] EUECJ T-449/07 Links: Bailii European, Intellectual Property Updated: 24 July 2022; Ref: scu.342057

KME Germany and Others v Commission (Competition): ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes – Decision finding an infringement of Article 81 EC -Price-fixing and market-sharing – Fines – Actual impact on the market – Size of the market concerned – Duration of the infringement – Attenuating circumstances – Cooperation. Citations: T-127/04, [2009] EUECJ T-127/04 … Continue reading KME Germany and Others v Commission (Competition): ECFI 6 May 2009

Tyson Parketthandel (Commercial Policy): ECJ 2 Apr 2009

ECJ Regulation (EC) No 2193/2003 Additional customs duties on imports of certain products originating in the United States of America Temporal scope Article 4(2) Products exported after the entry into force of that regulation for which it can be demonstrated that they were already been on their way to the Community when those duties were … Continue reading Tyson Parketthandel (Commercial Policy): ECJ 2 Apr 2009

Papierfabrik August Koehler v Commission (Competition) C-338/07: ECJ 2 Apr 2009

Opinion – Appeals Agreements Carbonless paper market Article 81 EC Inconsistency between the statement of objections and the decision Infringement of the rights of the defense Consequences Reasonable length of the proceedings before the Court of First Instance Distortion of the evidence Participation in the infringement Duration of the infringement Infringement Regulation No 17 Article … Continue reading Papierfabrik August Koehler v Commission (Competition) C-338/07: ECJ 2 Apr 2009

Futura Immobiliare and Others (Environment and Consumers): ECJ 23 Apr 2009

ECJ Directive 2006/12/EC – Waste costs – waste disposal – Principle of ‘polluter pays’ Equal treatmen Judges: Kokott AG Citations: C-254/08, [2009] EUECJ C-254/08 – O Links: Bailii Statutes: Directive 2006/12/CE Cited by: Opinion – Futura Immobiliare and Others (Environment and Consumers) ECJ 16-Jul-2009 ECJ Reference for a preliminary ruling – Directive 2006/12/EC Article 15(a) … Continue reading Futura Immobiliare and Others (Environment and Consumers): ECJ 23 Apr 2009

Bios Naturprodukte GmbH v Saarland intervening party: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht (Approximation Of Laws): ECJ 30 Apr 2009

ECJ Directive 2001/83/EC Article 1(2)(b) Concept of ‘medicinal product by function’ Dosage of the product Normal conditions of use Risk to health Ability to restore, correct or modify physiological functions in human beings. Citations: C-27/08, [2009] EUECJ C-27/08 Links: Bailii Jurisdiction: European European Updated: 24 July 2022; Ref: scu.342018

A Menarini and Others v Ministero della Salute C-400/07: ECJ 2 Apr 2009

ECJ Social Policy – Directive 89/105/EEC – Transparency of measures regulating the prices of medicinal products for human use – Article 4 Price freeze – Price reduction Citations: [2009] EUECJ C-400/07 Links: Bailii Statutes: Directive 89/105/EEC 4 Jurisdiction: England and Wales Health Professions, Commercial Updated: 24 July 2022; Ref: scu.342015

Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd (Area Of Freedom, Security and Justice): ECJ 23 Apr 2009

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 Article 43(1) Jurisdiction and enforcement of judgments – Notion of ‘party’. Citations: C-167/08, [2009] EUECJ C-167/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 43(1) European Updated: 24 July 2022; Ref: scu.342027

Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment – Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 … Continue reading Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009

Italy v Parliament C-9/08 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament – Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 … Continue reading Italy v Parliament C-9/08 (Law Governing The Institutions): ECJ 30 Apr 2009

Itochu v Commission (Competition): ECFI 30 Apr 2009

ECJ Competition Agreements, decisions and concerted practices – Market for video games consoles and games cartridges compatible with Nintendo games consoles – Decision finding an infringement of Article 81 EC – Limitation of parallel exports Attributability of the infringement – Fines – Differential treatment – Deterrent effect – Duration of the infringement – Attenuating circumstances … Continue reading Itochu v Commission (Competition): ECFI 30 Apr 2009

Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Principles of Community Law): ECJ 30 Apr 2009

ECJ Article 12 EC Prohibition of discrimination on grounds of nationality Toll roads National legislation under which a toll disc made available free of charge to disabled persons is granted only to persons resident or ordinarily resident in national territory. Judges: Mazak AG Citations: C-103/08, [2009] EUECJ C-103/08 – O Links: Bailii Jurisdiction: European Cited … Continue reading Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Principles of Community Law): ECJ 30 Apr 2009

A Menarini Farmaceutiche Riunite Srl and Others v Ministero della Salute, Agenzia Italiana del Farmaco (AIFA), third party: Sanofi Aventis SpA: ECJ 2 Apr 2009

ECJ Directive 89/105/EEC – Transparency of measures regulating the prices of medicinal products for human use Article 4 Price freeze Price reduction. Citations: [2009] EUECJ C-356/07 Links: Bailii Statutes: Directive 89/105/EEC Jurisdiction: European European Updated: 24 July 2022; Ref: scu.342012

Commission v Greece C-416/07: ECJ 2 Apr 2009

ECJ Opinion – Failure to fulfill obligations Article 226 EC Directive 91/628 Regulation No 1/2005 Protection of animals during transport and identification transporter authorizations route plans Control Installations resting in ports Inspection of vehicles and animals Warranty of penalties for repeated offenses Directive 93/119 Protection of animals at the time of slaughter stunning of animals … Continue reading Commission v Greece C-416/07: ECJ 2 Apr 2009

Stewart v Glaze: QBD 7 Apr 2009

Coulson J considered the place of expert evidence in cases involving road traffic accidents, saying: ‘it is the primary factual evidence which is of the greatest importance in a case of this kind. The expert evidence comprises a useful way in which that factual evidence, and the inferences to be drawn from it, can be … Continue reading Stewart v Glaze: QBD 7 Apr 2009

Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

The claimants sought damages in defamation in respect of a letter faxed by the first defendant to the other defendants in London. The first defendant said that it had state immunity, and the other claimed similar benefits acting as the bank’s employees. The claimant now appealed against his action being struck out for lack of … Continue reading Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

Panovits v Cyprus: ECHR 11 Dec 2008

The Court was asked as to the questioning of a child when the child had gone to the police station with his father, as requested by the police, and was thereafter arrested. The applicant complained, in particular, about the fairness of criminal proceedings at the pre-trial stage and before the domestic courts. Held: ‘the concept … Continue reading Panovits v Cyprus: ECHR 11 Dec 2008

Church of Scientology v Sweden: ECHR 5 May 1979

Article 9-1. A church, as such, is capable of exercising the rights contained in Article 9 (New jurisprudence). The freedom to manifest religious belief in practice dows not confer protection on statements of purported religious belief which are nonetheless of a commercial nature. Dostinction between advertisements which are merely ‘informational’ and those of a commercial … Continue reading Church of Scientology v Sweden: ECHR 5 May 1979

KRS v The United Kingdom: ECHR 2 Dec 2008

Admissibility – The applicant’s claim for asylum had failed, and he challeged the decision to return him to Greece, the point of entry to the EU, saying that he would be at risk if so returned. Held: The United Kingdom would not breach its obligations under Article 3 of the Convention by removing the applicant … Continue reading KRS v The United Kingdom: ECHR 2 Dec 2008

British Airways Plc v Commission: ECJ 15 Mar 2007

ECJ Opinion – Appeals – Abuse of a dominant position (Article 82 EC) – British Airways – Agreements with travel agents – Commission and other benefits dependent upon turnover in British Airways tickets Judges: Kokott AG Citations: C-95/04, [2006] EUECJ C-95/04 Links: Bailii Cited by: Opinion – British Airways Plc v Commission ECJ 15-Mar-2007 ECJ … Continue reading British Airways Plc v Commission: ECJ 15 Mar 2007

Artworld Financial Corporation v Safaryan and Others: CA 27 Feb 2009

The parties disputed whether the landlord had accepted the surrender of a lease. The tenant had handed in the keys. The landlord claimed rent for the subsequent period. The court had found surrender by operation of law, the landlord taking several steps after the keys had been handed in to make the property suitable for … Continue reading Artworld Financial Corporation v Safaryan and Others: CA 27 Feb 2009

Jones v Welsh Assembly Government: Admn 15 Dec 2008

The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008

Commission of The European Communities v Ireland: ECJ 21 Feb 2008

ECJ Failure of a Member State to fulfil obligations Incorrect transposition Directive 84/5/EEC Article 1(4) Compulsory insurance for civil liability in respect of motor vehicles Conditions for the exclusion from compensation of passengers in an uninsured vehicle Judges: L. Bay Larsen, P Citations: C-211/07, [2008] EUECJ C-211/07 Links: Bailii Statutes: Directive 84/5/EEC European, Road Traffic … Continue reading Commission of The European Communities v Ireland: ECJ 21 Feb 2008

Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008

The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008

Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund: ECJ 20 Jan 2009

(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive. Held: The workers were so entitled. The right to holiday was a basic right guaranteed to every worker whatever … Continue reading Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund: ECJ 20 Jan 2009

Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd: CA 6 Apr 2009

‘In the present case the binder gives Temple certain valuable rights, including a right in Section 27.1 to ‘retain’ commission out of premiums, but they do not include any rights of a security or proprietary nature to which the authority can be regarded as incidental. It is well established that the right to be paid … Continue reading Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd: CA 6 Apr 2009

Suffolk Mental Health Partnership NHS Trust v Hurst and Others: CA 7 Apr 2009

The employee’s union had written to the employer to say that the employee had a claim for back pay under the 1970 Act. The employer appealed a finding that this was sufficient to launch the claim. Held: The appeal failed. It was wrong to interpret such requirements too technically so as to give rise to … Continue reading Suffolk Mental Health Partnership NHS Trust v Hurst and Others: CA 7 Apr 2009

KJ (Sri Lanka) v Secretary of State for the Home Department: CA 2 Apr 2009

The asylum claimant was a Tamil whose surveying and reconnaissance work in support of LTTE military operations enabled that group more accurately to target the Sri Lankan forces. The appellant was never involved in any conflict causing injury or death to civilians. It was said that he should be excluded from protection by asylum because … Continue reading KJ (Sri Lanka) v Secretary of State for the Home Department: CA 2 Apr 2009

Germany v Commission: ECFI 28 Jan 2009

ECJ (Regional Policy) ERDF Reduction of financial assistance Change to the financing plan without the consent of the Commission Maximum rates of financing laid down for specific measures Concept of significant change Article 24 of Regulation (EEC) No 4253/88 Duty to state the reasons on which the decision is based Action for annulment. Citations: T-74/07, … Continue reading Germany v Commission: ECFI 28 Jan 2009

Secretary of State for the Home Department v AHK and Others (Practice Note): CA 2 Apr 2009

Sir Anthony Clarke MR gave guidance as to the circumstances in which a special advocate could be appointed, describing the roles of the special advocate representing a party who is not allowed to see closed material: ‘They are well understood and include taking instructions from the claimant, but only before the special advocate sees any … Continue reading Secretary of State for the Home Department v AHK and Others (Practice Note): CA 2 Apr 2009

Taliadorou And Stylianou v Cyprus: ECHR 16 Oct 2008

One of the functions of article 6(2) is to protect an acquitted person’s reputation from statements or acts that follow an acquittal which would seem to undermine it. Citations: 39627/05, [2008] ECHR 1088, 39631/05 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Adams, Regina (on The Application of) … Continue reading Taliadorou And Stylianou v Cyprus: ECHR 16 Oct 2008

Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission: ECJ 3 Oct 2006

Social Policy – The court considered what went to make up age discrimination: ‘the Court acknowledged that rewarding, in particular, experience acquired which enables the worker to perform his duties better constitutes a legitimate objective of pay policy. As a general rule, recourse to the criterion of length of service is appropriate to attain that … Continue reading Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission: ECJ 3 Oct 2006

Salduz v Turkey: ECHR 26 Apr 2007

The applicant complained that he had been arrested and detained by anti-terrorist police. At his trial evidence of his statement was challenged on the basis that it had been extracted from him under duress and that he had not had access to a lawyer. Citations: 36391/02, [2007] ECHR 332 Links: Bailii Statutes: European Convention on … Continue reading Salduz v Turkey: ECHR 26 Apr 2007

Alois Kibler jun. v Land Baden-Wurttemberg: ECJ 26 Oct 2006

Europa Milk and milk products – Article 5c of Regulation (EEC) No 804/68 – Additional levy in the milk and milk products sector – Regulations (EEC) Nos 857/84, 590/85 and 1546/88 – Transfer of the reference quantity following the return of part of a holding – Landlord who is not himself a producer of milk … Continue reading Alois Kibler jun. v Land Baden-Wurttemberg: ECJ 26 Oct 2006

Northern Foods Plc v Department for Environment, Food and Rural Affairs and Another: Admn 21 Dec 2005

The complainant said the department had been wrong to send on to Europe an appllication by the Melton Mowbray Pork Pie Association for a geographical designation for their products. Held: The claimant objected that the areas intended to be designated were wider than the geographical area associated with the name Melton Mowbray. However a desgnation … Continue reading Northern Foods Plc v Department for Environment, Food and Rural Affairs and Another: Admn 21 Dec 2005

Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there. Held: The court’s only duty at this stage was to ask whether there was an arguable case. ‘A government is accountable to parliament and ultimately to the electorate … Continue reading Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

Rogers, Regina (on the Application of) v Secretary of State for Health: Admn 15 Feb 2006

The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was said that the policy of only providing Herceptin in exceptional cases only was … Continue reading Rogers, Regina (on the Application of) v Secretary of State for Health: Admn 15 Feb 2006

Regina v Panel on Take-overs and Mergers, ex parte Fayed: CA 1992

This was a renewed application for leave to apply for judicial review of decisions of the Panel not to adjourn its disciplinary proceedings against Mr Fayed. Judges: Neill LJ, Steyn LJ Citations: [1992] BCC 524 Jurisdiction: England and Wales Cited by: Cited – Regina v Executive Counsel of the JDS, ex parte Hipps ChD 1996 … Continue reading Regina v Panel on Take-overs and Mergers, ex parte Fayed: CA 1992

Regina v Manchester Coroner, ex parte Tal: 1985

The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a decision of a Divisional Court.’ Citations: [1985] QB 67 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Manchester Coroner, ex parte Tal: 1985

Regina v Chance, ex parte Smith: QBD 1995

The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome of civil litigation over a related matter. Held: ‘ . . as Parliament has entrusted the initial valuation of the case against the applicants to the respondent, and has built into the disciplinary scheme adequate procedural protections for the applicants, we … Continue reading Regina v Chance, ex parte Smith: QBD 1995

Regina v Executive Counsel of the JDS, ex parte Hipps: ChD 1996

The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings. Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original jurisdiction whether to grant a stay. That jurisdiction must be used sparingly. The court must balance any prejudice to … Continue reading Regina v Executive Counsel of the JDS, ex parte Hipps: ChD 1996

Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter. Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction … Continue reading Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

Tom Hudson (HM Inspector of Taxes) v JDC Services Limited: ChD 26 Mar 2004

The taxpayer company had been refused a statutory Construction Industry Scheme certificate. The General Commissioners allowed the company’s appeal and itself issued a certificate. The revenue said the Commissioners had no jurisdiction either to hear an appeal or to issue such a certificate. Held: The scheme created by the 1971 Act was a special one. … Continue reading Tom Hudson (HM Inspector of Taxes) v JDC Services Limited: ChD 26 Mar 2004

Calvo v Italy: ECHR 11 Mar 2004

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings Citations: 59636/00, [2004] ECHR 111 Links: Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.195079

The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003

The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in Britain. Held: No legitimate expectation had been created and relied upon. The parliamentary … Continue reading The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003

Regina v Panel on Takeovers and Mergers ex parte Guinness Plc: CA 1989

The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the context of a body which is itself charged with the duty of making a … Continue reading Regina v Panel on Takeovers and Mergers ex parte Guinness Plc: CA 1989

Hirst v Secretary of State for the Home Department: Admn 22 Mar 2002

The applicant, a prisoner challenged the uniform ban on contact by prisoners with the media by telephone, arguing that it infringed his Article 10 rights. Held: Restricting telephone contact with the media was not part of imprisonment. A democratic society need not seek to prevent prisoners from expressing their views directly to the media about … Continue reading Hirst v Secretary of State for the Home Department: Admn 22 Mar 2002

Dr Ramachandran Subramanian v The General Medical Council: PC 5 Dec 2002

PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At the hearing before the Committee he became aware of newspaper reports of a previous finding against him of serious professional misconduct … Continue reading Dr Ramachandran Subramanian v The General Medical Council: PC 5 Dec 2002

Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act. Held: The Act contravened the Convention insofar as it made evidential presumptions which were incompatible … Continue reading Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

Sahin v Germany: ECHR 11 Oct 2001

When considering the issues of an adoption against the wishes of the parents, there is an apparent difference of emphasis between saying that the child’s interests are of ‘paramount importance’, and saying that they merely ‘may, depending on their nature and seriousness’ override those of the parents: ‘The Court further recalls that a fair balance … Continue reading Sahin v Germany: ECHR 11 Oct 2001

McLeod v The United Kingdom: ECHR 23 Sep 1998

A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998

Ahmut v The Netherlands: ECHR 28 Nov 1996

The bond between natural parents and their children is a strong indicator of the existence of family life: ‘from the moment of the child’s birth and by the very fact of it, there exists between him and his parents a bond amounting to ‘family life’, which subsequent events cannot break save in exceptional circumstances’. Citations: … Continue reading Ahmut v The Netherlands: ECHR 28 Nov 1996

Hirst v United Kingdom: ECHR 24 Jul 2001

The applicant asserted that the delays in the reviews, undertaken by the Parole Board, of his continued detention as a discretionary life prisoner, was a breach of his right to a speedy decision. The delays were between 21 and 24 months. Such delays were unacceptable. The article required not only a speedy conclusion, but, where … Continue reading Hirst v United Kingdom: ECHR 24 Jul 2001