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Vela Fishing Limited v The Commissioner of Inland Revenue: PC 14 Apr 2003

PC (New Zealand) The case concerned statutes which had codified earlier law, and whether a waiver under one Act was operative also under the other. The tax system would issue an initial assessment, and a later detailed assessment. The taxpayers representative signed a waiver allowing the later assessment to be delayed, but the company now … Continue reading Vela Fishing Limited v The Commissioner of Inland Revenue: PC 14 Apr 2003

Rabczewska v Poland: ECHR 15 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section Citations: 8257/13, [2022] ECHR 680 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681097

Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU. Held: Granted for those applying for it.The common law rights of the public and press to know about court proceedings are also protected by article 10 of the ECHR Citations: [2017] EWHC 629 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

Sunderland City Council v Brennan and Others: EAT 2 May 2012

EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012

Miszkurka v Poland: ECHR 4 May 2006

Citations: 39437/03, [2006] ECHR 538 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.243823

BV10 Ltd v Allanvale Land (Linlithgow) Ltd: SCS 25 Aug 2022

Judges: Lord Ericht Citations: [2022] ScotCS CSOH – 59 Links: Bailii Jurisdiction: Scotland Cited by: See Also – BV10 Ltd v Allanvale Land Investments Ltd and Others SCS 25-Aug-2022 . . Lists of cited by and citing cases may be incomplete. Litigation Practice Updated: 13 October 2022; Ref: scu.681205

DCM (Optical Holdings) Ltd v Revenue and Customs (Scotland): SC 12 Oct 2022

Judges: Lord Reed, President Lord Hodge, Deputy President Lord Sales Lord Hamblen Lord Stephens Citations: [2022] UKSC 26 Links: Bailii, Bailii Press Summary, Bailii Issues/Facts Jurisdiction: Scotland Citing: Appeal from – DCM (Holdings) Ltd v The Commissioners for Her Majesty’s Revenue and Customs SCS 8-Sep-2020 Appeals Under Section 13 of The Tribunals, Courts and Enforcement … Continue reading DCM (Optical Holdings) Ltd v Revenue and Customs (Scotland): SC 12 Oct 2022

Hyde Park Residence Limited v Yelland, News Group Newspapers Limited, News International Limited, Murrell: PatC 16 Mar 1999

There is a public interest defence to an allegation of copyright infringement. A newspaper republished video camera stills to demonstrate the untruth of assertions made publicly about the relationship if Princess Diana and Dodi Fayed. Held: It was a current event, and the fair dealing defence applied. Judges: Jacob J Citations: Times 24-Mar-1999, [1999] EWHC … Continue reading Hyde Park Residence Limited v Yelland, News Group Newspapers Limited, News International Limited, Murrell: PatC 16 Mar 1999

Magner and Another v Royal Bank of Scotland International Ltd: PC 3 Feb 2020

(Gibraltar) The question on this appeal is whether the Court of Appeal for Gibraltar erred in law in refusing the application for a retrial by Mr Magner and T and T Trustees Ltd, the trustees of two trusts which he had established (‘the Trustees’), after the Court of Appeal overturned a judgment in their favour … Continue reading Magner and Another v Royal Bank of Scotland International Ltd: PC 3 Feb 2020

Union Bank of Scotland v Buttery and Others: HL 12 Mar 1878

A firm of shipbuilders by a signed contract agreed to execute certain alterations on a ship, and to repair her so that she might be classed as A1 100 at Lloyds. The contract provided-‘the plating of the hull to be carefully overhauled and repaired.’- Held (aff. judgment of the Court of Session) that the shipbuilders … Continue reading Union Bank of Scotland v Buttery and Others: HL 12 Mar 1878

Yalland and Others v Secretary of State for Exiting The European Union (630): Admn 3 Feb 2017

Renewed applications for permission to apply for judicial review of the decision taken to leave the EU: ‘The thrust of the claim is that the UK Government has allegedly already decided that an automatic consequence of the United Kingdom leaving the European Union is that the EEA Agreement would cease to apply to the United … Continue reading Yalland and Others v Secretary of State for Exiting The European Union (630): Admn 3 Feb 2017

Department of The Environment Northern Ireland (Decision Notice): ICO 10 Oct 2012

The complainant submitted a request to the Department of the Environment for Northern Ireland under the Environmental Information Regulations 2004 for information contained in a specified Planning Enforcement file. The DOE provided the complainant with some of the requested information but withheld the remainder citing regulation 13(1) of the EIR (personal data of third parties). … Continue reading Department of The Environment Northern Ireland (Decision Notice): ICO 10 Oct 2012

Marpa Zeeland B.V. And Metal Welding B.V. v The Netherlands: ECHR 9 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the fairness of the proceedings; Violation of Art. 6-1 with regard to the length of the proceedings; Pecuniary damage – claim rejected;Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention … Continue reading Marpa Zeeland B.V. And Metal Welding B.V. v The Netherlands: ECHR 9 Nov 2004

Kulis v Poland: ECHR 18 Mar 2008

Citations: 15601/02, [2008] ECHR 210 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.266286

Southlong East Midlands Ltd v Customs and Excise: VDT 22 Feb 2005

ZERO RATING – First grant of major interest of building – Listed building – Substantial reconstruction – Building in poor state, long unoccupied Works carried out – Demolition of one part; small extension; internal reorganisation of rooms – Whether ‘substantial reconstruction’ – No VATA 1994, Sch 8, Group 6, Item 1, Note (4) Citations: [2005] … Continue reading Southlong East Midlands Ltd v Customs and Excise: VDT 22 Feb 2005

Gorlov, Regina (on the Application of) v Institute of Chartered Accountants In England and Wales, Reviewer of Complaints: CA 9 Jul 2002

Citations: [2002] EWCA Civ 1191 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Gorlov v Institute of Chartered Accountants 2001 The court considered the principles applicable when considering an award of costs against a professional body carrying out its disciplinary function. . . Lists of cited by and citing cases may be incomplete. … Continue reading Gorlov, Regina (on the Application of) v Institute of Chartered Accountants In England and Wales, Reviewer of Complaints: CA 9 Jul 2002

P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so in the future. Citations: [2002] EWCA Civ 697 Links: Bailii Jurisdiction: England and Wales Cited … Continue reading P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002

The debtor’s wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or … Continue reading Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002

Regina v Land: CACD 10 Oct 1997

No expert medical evidence is needed with regard to the age of a child said to be the subject of an indecent photograph. Whether it is a child is not outside normal experience. The defendant had seen the photographs, and no defence was available under 1(4)(b). Citations: Gazette 05-Nov-1997, Times 04-Nov-1997, [1999] QB 65, [1997] … Continue reading Regina v Land: CACD 10 Oct 1997

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Cabala v Poland: ECHR 8 Aug 2006

Citations: 23042/02, [2006] ECHR 733 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.246464

Dzyruk v Poland: ECHR 4 Jul 2006

Citations: 77832/01, [2006] ECHR 680, [2006] ECHR 680 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.243960

Raban v Poland: ECHR 8 Jan 2008

Citations: 24254/03, [2008] ECHR 12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.264373

Holowczak v Poland: ECHR 4 Mar 2008

Citations: 25413/04, [2008] ECHR 189 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.266284

Pietrzak v Poland: ECHR 8 Jan 2008

Citations: 38185/02, [2008] ECHR 16 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.264366

Chyb v Poland: ECHR 22 Aug 2006

Citations: 20838/02, [2006] ECHR 703 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 October 2022; Ref: scu.246467

The Applicant and General Teaching Council for Scotland: SIC 29 Nov 2019

The GTCS was asked about a matter the Applicant had raised about the assessment and quality assurance procedures at the SQA. The GTCS failed to treat this as a request for information subject to FOISA, but it did disclose information it held to the Applicant, with some redaction. The information was disclosed in full during … Continue reading The Applicant and General Teaching Council for Scotland: SIC 29 Nov 2019

East of England Ambulance Trust (Health (NHS)): ICO 5 Oct 2015

The complainant has requested correspondence on the CEO recruitment process and to date she has not received a response. The Information Commissioner’s decision is that the public authority has failed to provide a response to the request within the statutory time frame of 20 working days and has therefore beached section 10(1) of the FOIA. … Continue reading East of England Ambulance Trust (Health (NHS)): ICO 5 Oct 2015

In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends … Continue reading In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015