Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 25; Non-pecuniary damage – financial award Citations: [1998] ECHR 93, 27273/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.165665
The discontinuance of proceedings still left the fact of a prosecution to support a destruction order. Citations: Gazette 09-Sep-1992 Statutes: Dangerous Dogs Act 1991 5(4) Jurisdiction: England and Wales Animals Updated: 24 July 2022; Ref: scu.88241
Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances. Citations: Independent 30-Mar-1995, Times 12-Apr-1995 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing, Local Government Updated: 24 July 2022; Ref: scu.88242
ECHR Judgment : Right to respect for private and family life : Fifth Section Articles aimed solely at satisfying the curiosity of a particular readership regarding the details of a person’s private life, however well-known that person might be, cannot be deemed to contribute to any debate of general interest in society. Citations: 18068/11, [2020] … Continue reading Dupate v Latvia: ECHR 19 Nov 2020
Dispute over the authorship of the screenplay of a film. Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material matters and applied incorrect legal standards to the assessment of the sufficiency of Ms Kogan’s contributions. … Continue reading Kogan v Martin and Others: CA 9 Oct 2019
The parties disputed the effect of agreements to exclude the protections of the 1954 Act, where the supporting notices failed correctly to specify the commencement dates of the terms granted. Judges: Judge Davis-White QC sitting as a High Court judge Citations: [2019] EWHC 1363 (Ch), [2019] WLR(D) 331 Links: Bailii, WLRD Statutes: Landlord and Tenant … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: QBD 4 Jun 2019
Judges: Patten LJ SPT Citations: [2019] EWCA Civ 1324 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 July 2022; Ref: scu.640100
Judges: Cockerill J Citations: [2018] EWHC 2918 (Comm), [2019] Bus LR 1166, [2018] WLR(D) 679 Links: Bailii, WLRD Jurisdiction: England and Wales Torts – Other, Company, Litigation Practice Updated: 24 July 2022; Ref: scu.631333
Usury – South Sea Company – During the rapid rising of South Sea stock, an agreement was entered into, on a Sunday, to sell a certain quantity of stock, at 90 per cent. above the price of the preceding day, the price not to be payable till a year after transfer of the stock; and … Continue reading Colonel Francis Charteris, of Ampsfield v The Right Honourable James Earl of Hyndford: HL 23 Mar 1724
ECJ Judgment – Reference for a preliminary ruling – Community trade mark – Regulation (EC) No 207/2009 – Article 9(1)(b) – Effects – Rights conferred by a Community trade mark – Identical or similar signs – Prohibition of use – Likelihood of confusion – Assessment – Taking into consideration the use of a language other … Continue reading Loutfi Management Propriete Intellectuelle v AMJ Meatproducts NV: ECJ 25 Jun 2015
ECJ Judgment – Public service – Contract staff – Non-renewal of a fixed-term contract – cancellation Conclusions – Renewal Process – Article 41 paragraph 2 a) of the Charter of Fundamental Rights of the European Union – Right be heard – Failure – compensation Conclusions – pecuniary damage Judges: R. Barents (Rapporteur), P Citations: F-55/14, … Continue reading EE v Commission: ECJ 25 Jun 2015
First and Second Respondents Granted Pta To Ut : Citations: [2012] UKFTT 2011 – 0286 (GRC), [2012] UKFTT EA – 2011 – 0286 Links: Bailii, Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 24 July 2022; Ref: scu.578324
Application for judicial review of a decision of the Secretary of State not to treat the further submissions of the petitioner as a fresh claim for the purposes of rule 353 of the Immigration Rules. Citations: [2018] ScotCS CSOH – 58 Links: Bailii Jurisdiction: Scotland Immigration Updated: 24 July 2022; Ref: scu.622392
Citations: [2014] EWCA Civ 1481 Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 24 July 2022; Ref: scu.538910
ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Direct insurance other than life assurance – Directive 92/49/EEC – Articles 15, 15a and 15b – Prudential assessment of acquisitions and increases in a qualifying holding – Possibility to attach a restriction or requirement to the approval of a proposed acquisition Citations: … Continue reading Co Sociedad De Gestion Y Participacion And Others v De Nederlandsche Bank NV: ECJ 25 Jun 2015
ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Regulation (EEC) No 2913/92 – Articles 203 and 204 – Regulation (EEC) No 2454/93 – Article 859 – External transit procedure – Incurrence of a customs debt – Removal or not from customs supervision – Failure to perform an obligation – Late … Continue reading Skatteministeriet v DSV Road: ECJ 25 Jun 2015
The complainant requested information that the public authority had considered or generated in respect of a particular land development in Liverpool. The public authority asserted that it had disclosed all the requested information it held but this was disputed by the complainant. Following investigation the Commissioner concluded that, on the balance of probabilities, the public … Continue reading Homes and Communities Agency (Decision Notice): ICO 8 Mar 2011
ECJ Judgment Of The Court – Appeal – Community trade mark – Invalidity proceedings – Figurative mark representing a locking device – No distinctive character – Partial invalidity – Regulation (EC) No 40/94 – Article 7(1)(b) Judges: Fernlund P Citations: C-97/12, [2014] EUECJ C-97/12 Links: Bailii Jurisdiction: European Intellectual Property Updated: 24 July 2022; Ref: … Continue reading Vuitton Malletier v OHIM: ECJ 15 May 2014
ECJ Opinion – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 4, paragraph 1 – Accident insurance for employees – National legislation – Fixed Compensation for permanent injury as a result of an accident at work – Calculation of – Different Amounts for men and women because … Continue reading X (from the Korkein hallinto-oikeus (Finland)): ECJ 15 May 2014
ECJ Opinion – Taxation – Value added tax – Article 44 of Directive 2006/112/EC as amended by Directive 2008/8/EC – Definition of” permanent establishment ‘of the recipient of a service Judges: Julianne Kokott AG Citations: C-605/12, [2014] EUECJ C-605/12, [2014] EUECJ C-605/12 Links: Bailii, Bailii Statutes: Directive 2006/112/EC 44 Jurisdiction: European VAT Updated: 24 July … Continue reading Welmory sp zoo v Dyrektor Izby Skarbowej w Gdansku: ECJ 15 May 2014
The complainant has requested information from the Department for Employment and Learning (DEL) in relation to employees dismissed by DEL under the Northern Ireland Civil Service Dignity at Work policy. DEL provided the complainant with some information in response to her request, however it refused to disclose the remainder, citing section 40(2) of FOIA by … Continue reading Department for Employment and Learning (Decision Notice): ICO 22 Jan 2014
ECJ Community Customs Code – Scope of Articles 203 and 204(1)(a) of Regulation (EEC) No 2913/92 – External transit procedure – Customs debt incurred through non-fulfilment of an obligation – Belated presentation of the goods at the office of destination – Sixth VAT Directive – Article 10(3) – Link between the incurring of customs debt … Continue reading Minister van Financien v X Bv: ECJ 15 May 2014
Judges: Mr Justice Eady Citations: [2012] EWHC 3620 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 July 2022; Ref: scu.467138
The director was amongst a group against whom a director disqualification order was sought. He offered an undertaking, but the Secretary of State refused to accept this unless it was accompanied by a statement as to the factual basis on which it was made. The director’s application failed. There was no explicit provision in the … Continue reading In Re Blackspur Group Plc; Secretary of State v Eastaway: ChD 21 Jun 2001
A patent was granted for a product, produced by the bacterium streptomyces hygroscopicus, called rapamycin, which was useful to suppress transplant rejection. Because rapamycin was a known product at the priority date, it could not be patented: neither could its use as a treatment, because that would offend section 4(2) of the Patents Act 1977. … Continue reading American Home Products Corporation, Professor Roy Calne v Novartis Pharmaceuticals UK Limited: ChD 2000
The complainant has requested information on the guidance that was available to general practitioners in 2009 and which related to working with service users who had suffered sexual abuse in 2009. The Department of Health and Social Care (DHSC) originally refused the request under section 21 of the FOIA on the basis that the information … Continue reading Department of Health and Social Care (Central Government): ICO 7 Mar 2019
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award Citations: 37443/97, [2002] ECHR 708 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.177899
Although the parties should be free to make the agreement they wanted to, and the court should listen, that would not mean that assets which were incapable of being made subject to a fixed charge could be made so by the joint intention of the parties. Citations: Times 17-Nov-1999 Jurisdiction: England and Wales Cited by: … Continue reading In Re ASRS Establishment Ltd (In Administrative Receivership and Liquidation): ChD 17 Nov 1999
Judges: His Honour Judge Curran QC Sitting as a Deputy Judge of the High Court Citations: [2010] EWHC 2501 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 July 2022; Ref: scu.425182
Claim for judicial review of the decision by the Defendant, the Environment Agency, to withdraw consent for the export of hazardous waste described as ‘Air Pollution Control Residue’ (‘APCr’), also referred to as ‘fly ash’, to Norway. Judges: The Honourable Mrs Justice Thornton DBE Citations: [2022] EWHC 1883 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading New Earth Solutions (West) Ltd, Regina (on The Application of) v Environment Agency: Admn 19 Jul 2022
The complainant has requested information on staff promotions at the Department of Health and Social Care (DHSC). The DHSC refused the request as to comply would exceed the cost limit under section 12(1) of the FOIA. The Commissioner’s decision is that the DHSC has incorrectly applied the provisions of section 12 to refuse the request. … Continue reading Department of Health and Social Care (Central Government) fs50892204: ICO 8 Jul 2020
The complainant has requested information on the advice given by the Department of Health and Social Care (DHSC) to NHS Trusts about how to respond to freedom of information requests for Brexit self-assessments. The DHSC refused the request on the basis of section 35(1)(a). The Commissioner’s decision is that the section 35 exemption is engaged … Continue reading Department of Health and Social Care (Central Government) fs50852784: ICO 8 Jul 2020
The complainant requested the disclosure of information relating to how a named employee at North East Derbyshire District Council came to a valuation of a particular plot of land that was sold to a private investment group. The NEDDC refused the request on the grounds that it does not hold the information. The Commissioner’s decision … Continue reading North East Derbyshire District Council (Decision Notice) FER0419712: ICO 31 Jan 2012
The complainant made four requests for information related to a specific area of land and one request related to planning complaints. North East Derbyshire District Council (‘the council’) supplied some information but the complainant disputed that he had been provided with all information held. The Commissioner’s decision is that, on the balance of probabilities, the … Continue reading North East Derbyshire District Council (Decision Notice) FER0463011: ICO 31 Jan 2013
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2 ; Costs and expenses partial award Citations: 35437/97, [2002] ECHR 703 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.177902
The complainant has requested information on pay allowances granted to staff at the Department of Health and Social Care (DHSC), broken down by directorate. The DHSC refused the request as to comply would exceed the cost limit under section 12(1) of the FOIA. The Commissioner’s decision is that the DHSC has correctly applied the provisions … Continue reading Department of Health and Social Care (Central Government) fs50892202: ICO 8 Jul 2020
The complainant has requested information of the datasets used by the DWP on its standard IT systems. The DWP relies on sections 31(a) and 24, to withhold the requested information. The Commissioner’s decision is that DWP correctly relied on section 31(a) to withhold the requested information. The Commissioner does not require the public authority to … Continue reading Department for Work and Pensions (Central Government): ICO 9 Jul 2020
VAT – MTIC fraud – input tax – whether the purchases by the Appellant in the identified deals were ‘connected with fraudulent evasion of VAT’ as per Axel Kittel at para. [61] – held yes – whether the Appellant was a taxable person who knew or should have known that by its purchase it was … Continue reading Blada Ltd v Revenue and Customs: FTTTx 24 Mar 2010
Citations: 8327/06, [2009] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 23 July 2022; Ref: scu.324746
The defendant appealed against his conviction for murder, saying that the judge should have directed the jury as to the impact of alcohol dependency syndrome on his plea of diminished responsibility where there had been no discernible brain damage. Held: The appeal succeeded, and an order for a retrial was made. The court had applied … Continue reading Stewart, Regina v: CACD 26 Mar 2009
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009
Judges: Laws LJ, Ouseley J Citations: [2009] EWHC 573 (Admin) Links: Bailii Extradition Updated: 23 July 2022; Ref: scu.324682
The applicant appealed against rejection of his asylum claim on the basis of his alleged involvement in acts of terrorism. He had been set to face trial but the charges were dropped for insufficient evidence. Held: Sedley LJ considered the meaning of the phrase ‘serious reasons for considering’ and said that it: ‘sets a standard … Continue reading Al-Sirri v Secretary of State for the Home Department and Another: CA 18 Mar 2009
ECJ (Opinion) European citizenship Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-23/08, [2009] EUECJ C-23/08 – O Links: Bailii Statutes: Directive 2004/38/EC Jurisdiction: … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 12 Mar 2009
ECJ (Opinion) European citizenship – Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-22/08, [2009] EUECJ C-22/08 – O Links: Bailii Statutes: Directive 2004/38/EC … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 12 Mar 2009
EAT UNFAIR DISMISSAL: Procedural fairness/automatically unfair dismissal This judgment addresses only the issue as to whether the Employment Tribunal’s finding of automatically unfair dismissal was wrong in law. All other issues were adjourned. The Employment Tribunal found that the Step 1 letter was insufficient because it did not inform the employee that he was at … Continue reading Zimmer Ltd v Brezan: EAT 24 Oct 2008
Citations: [2008] DRS 6240 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 23 July 2022; Ref: scu.311839
The case of Malcolm has overruled Novacold. Toulson LJ said: ‘In Malcolm the House of Lords was concerned with the construction of the same phrase in Part III of the Act. It overruled the decision in Clark v Novacold and held that the proper comparator was someone who had behaved in the same way as … Continue reading N, Regina (on the Application of) v London Borough of Barking and Dagenham Independent Appeal Panel: CA 24 Feb 2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order. Held: The conditions for a peremptory order were met, and the order should be enforced. There was also a risk … Continue reading Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009
ECJ (Staff Regulations) Officials – Complaint period – Remuneration bulletin) – Admissibility – Appointment – Classification in the higher grade of the career – Articles 25, 26 and 31 (2) of the Staff Regulations Citations: F-101/05, [2006] EUECJ F-101/05 Links: Bailii Jurisdiction: European Employment Updated: 23 July 2022; Ref: scu.243006
CJEU Competition – Distribution agreement relating to motor vehicles – Block exemption – Regulation (EC) No 1475/95 – Article 5(3) – Termination by the supplier – Reorganisation of the network – Entry into force of Regulation (EC) No 1400/2002 – Article 4(1) – Hardcore restrictions – Consequences. Citations: [2006] EUECJ C-377/05 Links: Bailii Jurisdiction: European … Continue reading A Bruensteiner Gmbh C-377/05: ECJ 30 Nov 2006
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
Immigration Appeal Tribunal had duty to hear parties on a genuine appeal even though had failed to comply with earlier directions. Judges: Sullivan J Citations: Times 25-Feb-1998, [1998] EWHC Admin 154 Jurisdiction: England and Wales Citing: Cited – Dedman v British Building and Engineering Appliances CA 1973 The claimant sought to bring his claim under … Continue reading Regina v Immigration Appeal Tribunal Ex Parte S: QBD 25 Feb 1998
Whether, on the particular facts of this surveyor’s negligence case, the judge was right to assess the diminution in value in a way which rendered the appellant surveyor liable for many of the financial consequences of the respondents’ decision to purchase the property. Citations: [2021] EWCA Civ 24 Links: Bailii Jurisdiction: England and Wales Professional … Continue reading Large v Hart and Another: CA 15 Jan 2021
The claimant said that she had been wrongfully removed to India, and sought damages. Held: Slade DBE J said: ‘On the evidence on which the immigration officers acted and that which would have been available to them at the time, I find that they were justified in detaining the Claimant for examining her on arrival … Continue reading Palisetty v Secretary of State for The Home Department: QBD 21 Jul 2014
Citations: [2014] EWHC 4265 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 23 July 2022; Ref: scu.540245
The parties to a construction contract disputed responsibility for a valve which had failed leading to a flood and associated damages. Judges: Ramsey J Citations: [2009] EWHC 927 (TCC), [2009] 2 All ER (Comm) 900, [2009] TCLR 7, [2009] CILL 2723, (2009) 124 Con LR 158 Links: Bailii Jurisdiction: England and Wales Construction, Contract Updated: … Continue reading Siemens Building Technologies Fe Ltd v Supershield Ltd: TCC 1 May 2009
The court considered an appeal in care proceedings, where it was felt that the judge’s reasons for his findings were inadequately set out. Arden LJ pointed out that the principles in Emery Reimbold applied also in care proceedings, and set out counsel’s duties on receiving what might be a deficient draft judgment: ‘In a complex … Continue reading In re T (A Child: contact): CA 24 Oct 2002
The court considered the ability of an adjudicator to recover his fees from the responding party to the adjudication when that party raises questions of jurisdiction. Judges: Ramsey J Citations: [2009] EWHC 319 (TCC), [2009] 1 CLC 157, 123 Con LR 104, [2009] NPC 32, [2009] CILL 2704, [2009] BLR 312 Links: Bailii Jurisdiction: England … Continue reading Linnett v Halliwells Llp: TCC 24 Feb 2009
The court was asked whether section 78(1) of the 2002 Act prevents the Secretary of State from setting directions for removal of an applicant who has applied for an extension of time to appeal an adverse immigration decision. Judges: Pitchford J Citations: [2009] EWHC 153 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 … Continue reading Kagabo v Secretary of State for the Home Department: Admn 12 Feb 2009
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976
The Commission had regard to the fact that the purpose for which the children were taken to the police headquarters and kept there for about two hours was to question them, not to arrest or detain them. This led to the conclusion that the action in question did not constitute a deprivation of liberty in … Continue reading X v Germany: ECHR 19 Mar 1981
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
Citations: [2009] EWCA Civ 4, [2009] Imm AR 413 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – MS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010 The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID … Continue reading MA (Somalia) v Secretary of State for Home Department: CA 15 Jan 2009
ECJ Milk and milk products – Regulation (EC) No 2535/2001 – New Zealand butter – Import licence procedures – Inward Monitoring Arrangement (IMA 1) certificate. Citations: C-313/04, [2006] EUECJ C-313/04 Links: Bailii Jurisdiction: European Cited by: Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, … Continue reading Franz Egenberger GmbH Molkerei und Trockenwerk v Bundesanstalt fur Landwirtschaft und Ernahrung, intervening party: Fonterra (Logistics) Ltd: ECJ 11 Jul 2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 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 Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc: ECJ 13 Jul 2006
A Directive was belatedly transposed into national law and after the date by which it ought to have been implemented. The question arose whether the obligation to interpret national law in accordance with the Directive existed from the date the Directive was published, or the date by which it had to be transposed into national … Continue reading Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006
ECFI Competition – Concentrations – Regulation (EEC) No 4064/89 – Decision declaring a concentration compatible with the common market – Action brought by a third party – Admissibility – Air transport market – Commitments. Judges: J. Pirrung, P Citations: T-177/04, [2006] EUECJ T-177/04 Links: Bailii Statutes: Regulation (EEC) No 4064/89 Jurisdiction: European Commercial Updated: 21 … Continue reading Easyjet v Commission: ECFI 4 Jul 2006
ECJ Sixth VAT Directive – Article 28 – Exemption with refund of the tax paid – Sale of goods taxed at zero-rate fitted with goods taxed at the standard rate – Residential caravans – Single supply. Citations: C-251/05, [2006] EUECJ C-251/05 Links: Bailii Jurisdiction: European VAT Updated: 21 July 2022; Ref: scu.243023
The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content. Held: The objective of the notification requirements was the protection of children, and was … Continue reading Forbes v Secretary of State for the Home Department: CA 11 Jul 2006
Citations: [2006] EWCA Civ 922 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 21 July 2022; Ref: scu.243024
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71- Article 4(2a), Article 10a and Annex IIa – Special non-contributory benefits – Netherlands benefit for disabled young people – Non-‘exportability. Citations: C-154/05, [2006] EUECJ C-154/05 Links: Bailii Jurisdiction: European European Updated: 21 July 2022; Ref: scu.243020
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Concept of disability.The concept of disability should be given a uniform and autonomous meaning throughout the EU. The court defined the concept as follows: ‘Directive 2000/78 aims to combat certain types of discrimination as regards employment and occupation. In that context, the concept of … Continue reading Sonia Chacon Navas v Eurest Colectividades SAs (Social Policy): ECJ 11 Jul 2006
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000
The court discussed the legal status of the Child Protection Register. Butler-Sloss LJ: ‘The case conference has a duty to make an assessment as to abuse and the abuser, if sufficient information is available. Of its nature, the mechanism of the case conference leading to the decision to place names on the register and the … Continue reading Regina v Harrow London Borough Council ex parte D: 1990
The appellant challenged the refusal of his appeal from a decision of the AIT refusing his claim for asylum. He said that he had good reason to fear his return home because his father had been a member of the Taleban. Held: The immigration judge who considered the granting of leave to appeal should identify … Continue reading Barikzai v Secretary of State for the Home Department: CA 22 May 2006
Citations: [2004] NIQB 61 Links: Bailii Jurisdiction: Northern Ireland Cited by: Appeal from – Misbehavin’ Ltd, Re an Application for Judicial Review CANI 15-Sep-2005 Appeal from a decision dismissing the appellant’s application for judicial review of Belfast City Council’s refusal to grant the appellant’s application for a sex establishment licence in respect of premises at … Continue reading Misbehavin’ Ltd, Re Application for Judicial Review: QBNI 24 Sep 2004
The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy. Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of Practice, was unlawful and was not justified … Continue reading Regina v Ashworth Special Hospital Trust, ex parte Munjaz: 10 Oct 2000
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to … Continue reading Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003
The court laid down the procedure on a strike out application: ‘On an application to strike out a pleading under RSC Ord.18, r.19(1)(a) no evidence is admissible and since it is only the pleading itself which is being examined, the court is required to assume that each and every one of the facts pleaded (unless … Continue reading Morgan Crucible Company Plc v Hill Samuel and Co Ltd: ChD 24 Jul 1990
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 24209/94, [2003] ECHR 391, (2004) 39 EHRR 34 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Re E (A Child); E v Chief Constable of the Royal … Continue reading YF v Turkey: ECHR 22 Jul 2003
Brokers contracted to obtain re-insurance of risks undertaken by the claimants. They negligently failed to obtain full cover. The question at issue was whether they were liable for the full loss, or whether their duty was limited to obtaining satisfactory excess of loss protection. Held: The appeal failed. The case of SAAMCo did not affect … Continue reading Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited: HL 18 Oct 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 90, 24662/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009 callaghan_inmQBNI2009 The claimant was convicted in … Continue reading Lehideux And Isorni v France: ECHR 23 Sep 1998
The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and on sale the plaintiffs obtained substantially less than the sums they had advanced. The relevant question was whether the plaintiffs could include … Continue reading Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others: CA 24 Feb 1995
ECJ (Judgment) Public service – Temporary staff – Succession commitments under various statutes to several EU institutions – Interruption by a period of unemployment – continue Affiliation to the Joint Sickness Insurance Scheme of the Union – New commitment – Article 13 of CEOS – medical examination prior to hiring – Article 32 of the … Continue reading HC v Commission: ECJ 20 Jul 2016
Destination – General Clause – Settlement. – A party executed a general conveyance of all lands and heritages that should happen to belong to him at his death. The estate of Auchlossen belonged to him at the time he executed this settlement. He afterwards succeeded to the estates of Inverey and Tulloch, which had belonged … Continue reading Mrs Mearns and Mrs Grant (Both Farquharsons, and Their Husbands) v James Farquharson, Esq, and Others, Trustees of James Farquharson of Inverey, Deceased, for Behoof of Alexander Farquharson: HL 20 Feb 1759
Appeals against orders for removal after applicants had each married after expiry of the period of their lawful stay. A conceded that her application fell outside the Rules, but said that it was an appropriate case for the exercise of discretion. Held: The appeals were dismissed. Judges: Longmore, Gloster, Sales LJJ Citations: [2015] EWCA Civ … Continue reading Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015
The term ‘necessary’ will take its colour from its context; in ordinary usage it may mean, at one end of the scale, ‘indispensable’ and at the other ‘useful’ or ‘expedient’. Lord Griffiths said: ‘What then is meant by the words ‘necessary . . for the prevention of . . crime’ in section 10? I do … Continue reading In re an Inquiry Under The Company Securities (Insider Dealing) Act 1985: HL 1988
Second appeal against order requiring sum for security for costs to be paid into court and in default for the claim to be struck out. Held: The Court considered its jurisdiction to make an order for security for costs under rule 3.1 and, importantly, the relationship of that jurisdiction to the jurisdiction conferred by Part … Continue reading Huscroft v P and O Ferries Ltd: CA 21 Dec 2010
The very wealthy H found that W had committed adultery with one of his friends. H pressured W to sign an agreement providing that she would receive a specified lump sum and annual payments if their marriage ended in divorce. W signed it because H insisted that she should do so if the marriage was … Continue reading NA v MA: FD 24 Nov 2006
The claimant, a nurse employed by the defendant, appealed against the refusal of her claim for personal injury suffered operating a hoist whose wheels jammed when they hit a plinth in the floor. No risk assessment was in place. Held: The judge had not separately considered the allegation of breach of regulation 4(1)(b)(ii). This was … Continue reading Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 15 Dec 2008
The defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. Judges: Latham L, Burton, Teare JJ Citations: [2007] EWCA Crim 2650, [2007] All ER (D) 376 Links: Bailii Statutes: Criminal Justice Act 2003 225 Citing: Cited – O’Brien, Harris, Moss, Llewellyn and others … Continue reading Crees, Regina v: CACD 24 Oct 2007
Request to have enforced an option Judges: Martin Mann QC Citations: [2008] EWHC 3077 (Ch), [2009] L and TR 8, [2008] 2 P and CR DG24 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 July 2022; Ref: scu.278838
Ward LJ said: ‘a man cannot be deceived if he knows the truth’ Judges: Ward, Moore-Bick, Rimer LJJ Citations: [2008] EWCA Civ 1324, [2009] CP Rep 16, [2009] Lloyd’s Rep PN 58 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Myers v Elman HL 1939 The solicitor had successfully appealed against an order for … Continue reading Sprecher Grier Halberstam Llp and Another v Walsh: CA 3 Dec 2008
There was no reasonable excuse for a suspect not answering SFO questions after he had been charged. Citations: Independent 24-Jun-1994 Statutes: Criminal Justice Act 1987 2(13) Jurisdiction: England and Wales Criminal Practice Updated: 21 July 2022; Ref: scu.87327
The binding over of a defendant after his acquittal is appropriate only if the judge satisfied beyond reasonable doubt that there is some danger requiring that step to be taken. Citations: Times 24-Jan-1997, [1996] EWHC Admin 313 Links: Bailii Jurisdiction: England and Wales Crime Updated: 21 July 2022; Ref: scu.87340
A Special Adjudicator is not limited to checking whether the Secretary of State has some material on which he might give such a certificate. He must make an independent judgment and consider de novo whether he is satisfied that the country was a safe country: ‘the discipline which this system imposes upon the Secretary of … Continue reading Regina v Secretary of State for the Home Department, Ex parte Mehari: QBD 1994
Judges: His Honour Judge Stewart QC Citations: [2010] EWHC 2227 (Admin), [2011] JPL 304 Links: Bailii Jurisdiction: England and Wales Planning Updated: 21 July 2022; Ref: scu.424079
EAT JURISDICTIONAL POINTS: Excluded employments The issue in this case is whether the Employment Tribunal was entitled to refuse to review three earlier decisions in which it had concluded that the respondent Authority could not claim state immunity because the claimant fell into one of the exceptions in section 4 of the State Immunity Act … Continue reading Mauritius Tourism Promotion Authority v Min: EAT 24 Nov 2008