The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. Citations: 22427/04, [2008] ECHR 1458 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: … Continue reading Cemalettin Canli v Turkey: ECHR 18 Nov 2008
The applicant had been attacked and beaten by skinheads shouting racial abuse. He complained that as a Roma, the police had failed through race discrimination properly to investigate his complaint. Held: The court repeated the statement that article 3 may give rise to a positive obligation to conduct an official investigation. The obligation on the … Continue reading Secic v Croatia: ECHR 31 May 2007
Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable personal data to the claimant within the statutory 40-day time limit, but otherwise his claim for a … Continue reading Ezsias v Welsh Ministers: CA 24 Jun 2008
Challenge to jurisdiction of arbitration proceedings. Judges: Teare J Citations: [2008] EWHC 2684 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008 The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 6 Nov 2008
The defendant company had been accused of selling a bladed article to a youth making a test purchase. The prosecutor now appealed by way of case stated raising the question as to whether a reasonable precaution taken after a test case conducted by the trading standards of a local authority necessarily discloses a failure to … Continue reading Enfield London Borough Council v Argos Ltd: Admn 24 Jun 2008
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 46133/99, [2003] ECHR 397, 48183/99 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Smirnova v Russia: ECHR 24 Jul 2003
Citations: 41340/98;41342/98;41343/98;…, [2003] ECHR 87 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Refah Partisi (Welfare Party) And Others v Turkey ECHR 31-Jul-2001 Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. . . Lists of cited by and citing … Continue reading Refah Partisi (The Welfare Party) And Others v Turkey: ECHR 13 Feb 2003
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
Citations: [2008] EWHC 2442 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 19 July 2022; Ref: scu.277014
The defendant sought to advertise its new TV listings magazine, and to do so reproduced in its advert a copy of the front page of the equivalent magazine published by the claimant. The claimant sought damages for copyright infringement. The defendant claimed fair dealing. Held: The claim succeeded: ‘The claimant has devoted its skill and … Continue reading IPC Media Ltd v News Group Newspapers Ltd: ChD 24 Feb 2005
This appeal concerns the application of the common law principle of procedural fairness to a points-based system for determining whether a person should be granted leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant as set out under Paragraph 245DD of the Immigration Rules Judges: Lord Justice Green Citations: [2021] EWCA … Continue reading Taj, Regina (on The Application of) v The Secretary of State for The Home Department: CA 20 Jan 2021
SSHD’s failure to comply with mandatory injunction Judges: Chamberlain J Citations: [2021] EWHC 240 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 4 Jurisdiction: England and Wales Immigration, Housing Updated: 19 July 2022; Ref: scu.658039
European Union mark – Opposition procedure – Application for a mark of the figurative European Union QUILAPAYUN – Relative ground for refusal – Well-known mark – Article 8 (2) (c) of Regulation (EC) No 207 / 2009 [renumbered as Article 8 (2) (c) of Regulation (EU) 2017/1001] – Proprietor of the mark Citations: ECLI: EU: … Continue reading JT v EUIPO – Carrasco Pirard (Quilapayasn) (Judgment) French Text: ECFI 11 Dec 2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
WLRD When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect … Continue reading MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013
Citations: [2012] EWCA Civ 418, [2012] 1 WLR 3259, [2012] WLR (D) 112 Links: Bailii, WLRD Statutes: Prevention of Terrorism Act 2005 2(1) 3(10) Jurisdiction: England and Wales Crime, Immigration Updated: 19 July 2022; Ref: scu.452435
(Grand Chamber) The court considered the application of article 8 considerations in extradition and similar proceedings, and said: ‘the best interests and well-being of the children, in particular the seriousness of the difficulties which any children of the applicant are likely to encounter in the country to which the applicant is to be expelled; and … Continue reading Uner v The Netherlands: ECHR 18 Oct 2006
The court gave guidance on the meaning of ‘garden’ in planning law. Judges: Moses LJ Citations: [2008] EWHC 2408 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – McInerney v Portland Port Limited QBD 2001 In order to identify whether land comprises of garden, it is necessary not only to look at its appearance … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 3 Jul 2008
Europa Council Directive 2000/78/EC Article 6(1) Age discrimination – Compulsory retirement National legislation permitting employers to dismiss employees aged 65 and over if the reason of dismissal is retirement Justification. Citations: C-388/07, [2008] EUECJ C-388/07 – O Links: Bailii Statutes: Council Directive 2000/78/EC, Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Citing: At First … Continue reading Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 23 Sep 2008
A statutory provision entitled a person to housing benefit if he had no income above a specified amount, and it had been previously decided that receipt of income support under the separate social security scheme, with its inbuilt rights of adjudication and appeal, bound those administering the housing benefit scheme to treat a person as … Continue reading Regina v South Ribble Borough Council Housing Benefit Review Board, ex parte Hamilton: CA 24 Jan 2000
The defendant sought to challenge the handling of his trial for disorderly conduct, and of the way the matter had been dealt with in his appeal to the crown court. He particularly complained of papers not being provided to him. Held: He had exercised his right to appeal to the Crown Court, and had succeeded. … Continue reading Milne, Regina (on the Application of) v Berwick-Upon-Tweed Magistrates’ Court: Admn 24 Jul 2008
The claimant sought to challenge a decision to refuse his application for indefinite leave to remain. Judges: Blair J Citations: [2008] EWHC 2069 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 19 July 2022; Ref: scu.276244
The failed asylum claimant challenged as unlawful his continued detention pending return to Congo. Judges: Collins J Citations: [2008] EWHC 2090 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983 Unlawful Detention pending DeportationAn offender had been recommended for deportation following conviction. … Continue reading Lumba, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 Jul 2008
EAT The employee carried out tasks for her employer and for the employer’s principal shareholder. She was dismissed for misconduct, much of which she believed arose out of tasks which were not part of her contract of employment. The Employment Appeal Tribunal found that she genuinely so believed but that her employer genuinely believed that … Continue reading Ford v Libra Fair Trades Ltd: EAT 24 Jun 2008
‘I have before me two applications by the first, third and fourth defendants. The first is for fortification of a cross undertaking given by the claimant upon the obtaining of a without notice freezing order which continues at present, and the second is for the provision of further information under Part 18 of the CPR.’ … Continue reading Harley Street Capital Ltd v Tchigirinski and Others: ChD 24 May 2005
Citations: [2008] EWCA Civ 895 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 July 2022; Ref: scu.272246
The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody. Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules would have infringed the human rights of the children to whom such restraint was to … Continue reading C, Regina (on the Application of) v Secretary of State for Justice: CA 28 Jul 2008
The claimant renewed her application for leave to appeal. She had been a probationary constable, but after various injuries came to suffer disability, preventing her being able to carry out the routine activities of as constable, and her employment had been terminated. The tribunal, having found her to be disabled, found also that the discrimination … Continue reading Hart v Chief Constable of Derbyshire Constabulary: CA 24 Jun 2008
Excs EXCISE – Duty suspended movement – Assessment on consignor – Theft during transit following release from detention – Guarantee provided by warehousekeeper of dispatch which was consignor – Release after journey time on AAD – Whether Appellant still guarantor – Appellant not notified of release – Compatibility of DSMEG Regs 2000 reg 7(1) with … Continue reading F Loendersloot Internationale Expeditie Nv v Revenue and Customs: Excs 24 Mar 2006
The applicant, a Yemeni citizen, obtained entry clearance as a visitor by deception and then unsuccessfully sought leave to remain as a dependent relative of his many children settled here. He had numerous ailments and his health was continuing to deteriorate. In allowing his appeal the adjudicator concluded that he needed ‘permanent and constant home … Continue reading Mukarkar v Secretary of State for the Home Department: CA 25 Jul 2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The claimants had successfully brought judicial review of the defendant’s policies concluding that the defendant had unlawfully interfered with their right to family life by effectively preventing them marrying under the 2004 Act. They now sought damages. Judges: Silber J Citations: [2006] EWHC 1035 (Admin) Links: Bailii Statutes: European Convention on Human Rights 12 14, … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006
The 2004 Act and Regulations operated to prevent the claimant marrying. He succeeded in challenging the regulations, and now sought damages. Judges: Silber J Citations: [2006] EWHC 1454 (Admin), [2006] HRLR 39, [2007] 1 WLR 735, [2006] 4 All ER 555 Links: Bailii Statutes: European Convention on Human Rights 12 14, Immigration (Procedure for Marriage) … Continue reading Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006
The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil recovery can be determined on the basis of conduct in relation to … Continue reading Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others: Admn 16 Dec 2005
The entrenched rights of a litigant would be illusory if a judicial decision by an independent body which had become final and binding could thereafter be quashed by a higher court on the application of a state official. A departure from that principle is justified only when made necessary by circumstances of a substantial and … Continue reading Ryabykh v Russia: ECHR 24 Jul 2003
Allegation of assault on prisoner. Citations: [2002] EWCA Civ 1921 Links: Bailii Jurisdiction: England and Wales Prisons, Torts – Other Updated: 18 July 2022; Ref: scu.189024
ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts … Continue reading Brogan and Others v The United Kingdom: ECHR 29 Nov 1988
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998
The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: ‘ . . it does seem to … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998
A contract of copartnery provided that in the event of the death of any of the partners the surviving and solvent partners who should continue the business should pay out to the representatives of the deceased the amount at his credit in the books of the firm, by ten biennial instalments, ‘with interest thereon at … Continue reading Orr Ewing v John Orr Ewing and Co and Orr Ewing’s Trustees: HL 5 Dec 1882
Citations: [2007] EWHC 2489 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 July 2022; Ref: scu.271165
Europa Directive 96/62/EC – Ambient air quality assessment and management – Fixing of limit values – Entitlement of a third party, whose health has been impaired, to have an action plan drawn up. Citations: C-237/07, [2008] EUECJ C-237/07 Links: Bailii Jurisdiction: European Environment Updated: 18 July 2022; Ref: scu.271124
Judges: Collins J Citations: [2008] EWHC 1741 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986 The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly … Continue reading Dinedor Hill Action Association v County of Herefordshire District Council and Another: Admn 24 Jul 2008
The complainant has requested from Hull College Group, which, is the trading name for Hull College (the College) the start and end date and total cost of its Club Stadium Naming Rights Agreement with Hull Kingston Rovers Football Club Limited (the Club). The College withheld the requested information under section 43(2) of the FOIA (Commercial … Continue reading Hull College Group (Hull College) (Education): ICO 24 Nov 2020
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: [1993] ECHR 57, 15717/89, 13914/88, 15041/89 Links: Worldllii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Informationsverein Lentia And Others v Austria: ECHR 24 Nov 1993
VALUE ADDED TAX – input tax – Appellant alleged to be unknowing participant in carousel fraud – single consignment of 2500 mobile phones bought in UK and sold to Spanish trader – whether carousel established – yes – relevance in light of ECJ judgment in Optigen, Bond House – Appellant’s input tax claim rejected while … Continue reading Ultracell (UK) Ltd v Revenue and Customs: VDT 24 Mar 2006
Europa Fisheries – Conservation of the resources of the sea – Relative stability of the fishing activities of each Member State – Fishing quota exchanges – Transfer to the French Republic of part of the fishing quota for anchovy allocated to the Portuguese Republic – Annulment of the provisions authorising that transfer – Reduction, for … Continue reading Cofradia De Pescadores ‘San Pedro’ De Bermeo and Others v Council (Fisheries Policy): ECFI 19 Oct 2005
The defendant sought to use the sperm of her deceased husband for her insemination. The deceased had apparently withdrawn his consent to the use of his sperm posthumously. His widow claimed that he had been influenced to change the form, by an implied threat that the treatment would not continue. Held: the case of re … Continue reading The Centre for Reproductive Medicine v U: FD 24 Jan 2002
The Petitioners sought a declaration that the Article 50 notice given by the UK government could be withdrawn by the UK without the consent of the EU. Held: The matter was referred to the CJEU for a preliminary answer to the question: ‘Where, in accordance with Article 50 [TEU], a Member State has notified the … Continue reading Wightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union: SCS 8 Jun 2018
ECJ Citizenship of the Union Article 17 EC – Nationality of one Member State acquired by birth – Nationality of another Member State acquired by naturalisation – Loss of original nationality by reason of that naturalisation – Loss with retroactive effect of nationality acquired by naturalisation on account of deception practised in that acquisition – … Continue reading Rottmann v Freistaat Bayern: ECJ 2 Mar 2010
ECJ (Judgment) Reference for a preliminary ruling – Social security for migrant workers – Article 45 TFEU – Article 3(1) of Regulation (EEC) No 1408/71 – Old-age benefits – Principle of non-discrimination – Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees – Consideration for … Continue reading Larcher v Deutsche Rentenversicherung Bayern Sud: ECJ 18 Dec 2014
ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 92/50/EEC – Articles 1(c) and 37 – Directive 2004/18/EC – First subparagraph of Article 1(8) and Article 55 – Concepts of ‘service provider’ and ‘economic operator’ – Public university hospital – Entity with legal personality and business and organisational autonomy – … Continue reading Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014
ECJ (Judgment) Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 4 – General budget of the European Union – Regulation (EC, Euratom) No 1605/2002 – Article 53b(2) – Decision 2004/904/EC – European Refugee Fund for the period 2005-2010 – Article 25(2) – … Continue reading Somalische Vereniging Amsterdam en Omgeving v Staatssecretaris van Veiligheid en Justitie: ECJ 18 Dec 2014
ECJ Judgment – Reference for a preliminary ruling – Directive 2008/98/EC- Article 15 – Waste management – Possibility for the waste producer to carry out the waste treatment independently – National transposition law adopted, but not yet in force – Expiry of the transposition period – Direct effect Judges: A Borg Barthet, Acting P Citations: … Continue reading Societa Edilizia Turistica Alberghiera Residenziale SpA v Comune di Quartu S. Elena: ECJ 18 Dec 2014
The claimant sought damages for personal injury, saying that she had now contracted mesolthelioma having been exposed to asbestos whilst a pupil at a school run by the defendant’s predecessors. Held: The authority was liable. Judges: Nicol J Citations: [2009] EWHC 1831 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Applied – Fairchild v Glenhaven … Continue reading Willmore v Knowsley Metropolitan Borough Council: QBD 24 Jul 2009
Judges: Sir Edward Evans-Lombe Citations: [2009] EWHC 1118 (Ch), [2011] 2 BCLC 788 Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Company Updated: 17 July 2022; Ref: scu.346321
LT LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 section 27A -LVT’s decision lacking findings of fact or adequate reasons – Lands Tribunal deciding the dispute was not capable of just determination by Lands Tribunal on the papers on an appeal by way of review- in the light of that decision, … Continue reading Witnesham Ventures Ltd v Markwick and others: LT 24 Apr 2008
The mother appealed against a refusal of an order allowing her to remove her son to live with her in Northern Ireland. Held: Thorpe LJ said that the relief appropriately to be sought by the objecting parent is a prohibited steps order. Judges: Thorpe, Lloyd, Toulson LJJ Citations: [2007] EWCA Civ 1055, [2008] Fam Law … Continue reading In re B (A Child) (Prohibited Steps Order): CA 24 Jul 2007
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable Employment Tribunal Judge extended time for an unfair dismissal claim by some eighteen months. The claimant relied on very severe and lengthy depression as an explanation for the failure but produced no medical evidence. The evidence was that she had asked her union official to put … Continue reading London Borough of Islington v Brown: EAT 24 Jun 2008
The complainant has requested information on the number of prosecutions for offences relating to the registration of trade places the DVLA has undertaken in the last five years. The DVLA refused to provide this information on the basis of section 31(1)(d) of the FOIA as it considered it would be likely to prejudice its ability … Continue reading Driver and Vehicle Licensing Agency (Central Government): ICO 24 Nov 2020
ECHR Judgment : No Article 3 – Prohibition of torture : Third Section Committee Citations: 61504/10, [2022] ECHR 479 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 July 2022; Ref: scu.678524
The complainant has requested information with regards to a councillor. Wigan council (the council) provided some information but withheld the remainder relying on section 40(2) of the FOIA – third party personal data. The Commissioner’s decision is that the council was entitled to withhold the information under section 40(2) of the FOIA. The Commissioner does … Continue reading Wigan Council (Local Government): ICO 24 May 2022
The complainant requested information from Cheshire Constabulary about two visits to the area by members of the Royal family. Cheshire Constabulary confirmed that it held some cost information associated with the visits. It refused to disclose that information citing sections 24(1) (national security), 31(1)(a) (law enforcement) and 38(1)(a) and (b) (health and safety) of the … Continue reading Cheshire Constabulary (Decision Notice): ICO 31 Mar 2014
ECHR Judgment : Article 9 – Freedom of thought, conscience and religion : Second Section Citations: 51914/19, [2022] ECHR 424 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 July 2022; Ref: scu.678523
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 24139/20, [2022] ECHR 459 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 July 2022; Ref: scu.678515
Recovery of overpayment – overpayment due to innocent failure to disclose a material fact – whether recoverable A widow who claimed and received supplementary benefit failed to disclose to the local office of the Department of Social Security that she had received widows benefit. As a consequence there was an overpayment of supplementary benefit. It … Continue reading Page and Davis v Chief Adjudication Officer: SSCS 24 Jun 1991
Prescribed disease A10 (occupational deafness) – felling trees in forest area to clear way for roads – whether ‘forestry’ – The claimant claimed disablement benefit in respect of prescribed disease A10 (occupational deafness) on 24 April 1991. From 1978 to March 1991 he had worked for a road construction company. He was employed to clear … Continue reading (Un-named) (DB): SSCS 24 Apr 1995
ECJ Article 12 EC Discrimination on grounds of nationality Compensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions Not included. Citations: C-164/07, [2008] EUECJ C-164/07, [2008] ECR I-4143, [2008] 3 CMLR 11 Links: Bailii Jurisdiction: European Cited by: Cited – Patmalniece v Secretary of State for Work and … Continue reading Wood (Principles Of Community Law): ECJ 5 Jun 2008
The taxpayer discovered that it had over several years made overpayments of VAT on chocolate covered biscuits because of a mistake as to the tax mutual with the defendants. Held: MandS’s challenge to section 80(4) (as infringing EU law) failed, as regards the teacakes claim, because the Becker conditions were not satisfied (Becker v Finanzamt … Continue reading Marks and Spencer Plc v Customs and Excise: CA 14 Dec 1999
NIIT The unanimous decision of the tribunal is that the tribunal does not have jurisdiction to hear the claimant’s claim of unfair dismissal because the parties reached a conciliated settlement with the assistance of the Labour Relations Agency on 19 January 2008. Citations: [2008] NIIT 2479 – 06IT Links: Bailii Jurisdiction: Northern Ireland Citing: Cited … Continue reading Thompson v Hickland Haulage Ltd: NIIT 24 Apr 2008
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence. Held: The additional sentence should not have been imposed. He had not gone beyond the downloading of images. ‘The link between the offending act of downloading these … Continue reading Terrell, Regina v: CACD 21 Dec 2007
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
The claimant barrister challenged the decision to discipline him by the respondent senior members of the bar. He wrote an article about a case in which he was instructed. He thought it was not to be published, and did not apply for exemption. It was published. The defendants said that no cause of action arose. … Continue reading Diamond v Mansfield and others: QBD 20 Dec 2006
ECJ (Law Relating To Undertakings) Copyright and related rights in the nformation society – Directive 2001/29/EC – Article 3 – Concept of communication to the public – Works communicated by means of television sets installed in hotel rooms.The Court interpreted Article 3(1) of the Information Society Directive in accordance with Article 8 of the WIPO … Continue reading Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA: ECJ 7 Dec 2006
CJEU (Staff Regulations) Officials – Promotion – Article 45 of the Staff Regulations – Amendment of Staff Regulations – Application in time – 2004 promotion exercise – Non-inclusion on the list of eligible officials – Taking into account the probationary period for calculating minimum seniority two years old Citations: [2006] EUECJ F-77/05 Links: Bailii Jurisdiction: … Continue reading Balabanis and Le Dour v Commission: ECJ 30 Nov 2006
The Commission sought to enforce an order requiring the defendant solicitors firm to produce to it all files on which bills had not yet been submitted. The defendant said that the request was in breach of an arbitration agreement. The commission appealed dismissal of the application. The firms general contract had been terminated leaving the … Continue reading Legal Services Commission v Aaronson and others: QBD 24 May 2006
Judges: Lord Justice Keene Lord Justice Pill The Honourable Mr Justice Wilson Citations: [2006] EWCA Civ 339 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 15 July 2022; Ref: scu.240109
Citations: [2005] EWHC 2643 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Tavoulareas v Tsavliris and others ComC 21-Mar-2003 . . See Also – Tavoulareas v Tsavliris CA 5-Feb-2004 The court held that Greek proceedings required service for the purposes of establishing seisin, and therefore priority of jurisdiction. Mance LJ said: ‘Professor … Continue reading Tavoulareas v Alexander G Tsavliris and Sons Maritime Company: ComC 24 Nov 2005
PROCEDURE – hearing in public or private – VAT Tribunals Rules 1986 r 24(1) – assessment to recover allegedly over-claimed input tax – VATA 1994 ss 25, 26, VAT Regs 1995, reg 29, Sixth Directive art 18 – Human Rights Convention arts 6 and 8 – appellant a sole practitioner solicitor – application for hearing … Continue reading A Practitioner v Customs and Excise: VDT 12 Dec 2003
Dispute over the authorship of the screenplay of a film called ‘Florence Foster Jenkins’. Citations: [2021] EWHC 24 (Ch) Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 15 July 2022; Ref: scu.657216
Citations: [2015] EWHC 1724 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 15 July 2022; Ref: scu.549255
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 12454/19, [2022] ECHR 430 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 July 2022; Ref: scu.678492
The complainant asked Essex Police via the Office of Essex Safety Camera Partnership to provide him with the identity of the 20 fixed camera locations in Essex that catch the most drivers speeding, how many drivers per month or year are caught at each of these locations, and how much money was raised from each … Continue reading Essex Police (Decision Notice): ICO 3 Aug 2005
ECHR Judgment : Article 9 – Freedom of thought, conscience and religion : Third Section Citations: 32401/10, [2022] ECHR 419 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 July 2022; Ref: scu.678522
Medical treatment, may well be experienced as degrading by a patient who is subjected to it against his will, but ‘A measure which is therapeutically necessary from the point of view of established principles of medicine cannot in principle be regarded as inhuman and degrading’ Citations: 52515/99, [2008] ECHR 379, (2008) 49 EHRR 534 Links: … Continue reading Juhnke v Turkey: ECHR 13 May 2008
The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against arbitrariness.’ Citations: 2947/06, … Continue reading Ismoilov And Others v Russia: ECHR 24 Apr 2008
The applicants alleged that the first applicant’s expulsion from Bulgaria amounted to unjustified interference with their right to respect for their family life, enshrined in Article 8 of the Convention.‘The Court is naturally mindful of the fact that in the particular context of measures concerning national security, the requirement of foreseeability cannot be the same … Continue reading CG And Others v Bulgaria: ECHR 24 Apr 2008
ECJ Agriculture – Regulation (EEC) No 3665/87 Article 11 – System of export refunds on agricultural products Condition for the grant of the refund Refund paid to the exporter after submission of documents forged by its contracting partner Goods not exported Conditions for the application of sanctions. Citations: C-143/07, [2008] EUECJ C-143/07 Links: Bailii Statutes: … Continue reading AOB Reuter v Hauptzollamt Hamburg-Jonas: ECJ 24 Apr 2008
ECJ Opinion – Law Relating To Undertakings – Directive 2000/35 Article 5, paragraph 1 – Fight against late payments in commercial transactions Recovery Procedure unchallenged claims – Delay in obtaining an enforceable execution against the public administration – Suspension of execution of the writ of execution Judges: Trstenjak AG Citations: C-265/07, [2008] EUECJ C-265/07 – … Continue reading Caffaro Srl v Azienda Unita Sanitaria Locale RM/C: ECJ 24 Apr 2008
ECJ Directive 97/81/EC Equal treatment of part-time and full-time workers Discrimination Administrative obstacle limiting opportunities for part-time work. Citations: C-56/07, [2008] EUECJ C-56/07 Links: Bailii Jurisdiction: European Employment Updated: 14 July 2022; Ref: scu.267105
ECJ Social Policy – Directive 97/81/EC – Equal treatment of part-time and full-time workers – Discrimination Administrative obstacle limiting opportunities for part-time work. Citations: C-55/07, [2008] EUECJ C-55/07 Links: Bailii Statutes: Directive 97/81/EC European, Employment Updated: 14 July 2022; Ref: scu.267104
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of illegality. Held: These were not cases in which false representations had been made. That was … Continue reading Enfield Technical Services Ltd v Payne and Another: CA 22 Apr 2008
The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission. Held: The decision of the defendant court was based on an unsound appraisal of the law, and … Continue reading Hafner and Hochstrasser (A Firm), Regina (on the Application of) v Australian Securities and Investments Commission: Admn 5 Mar 2008
Citations: [2008] EWCA Civ 249 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 14 July 2022; Ref: scu.266486
ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. Citations: [2008] EWCA Civ 184, [2008] Bus LR 1861 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Vizcaya Partners Ltd v Picard and … Continue reading Emmott v Michael Wilson and Partners Ltd: CA 12 Mar 2008
In addition to assessment of his solicitor’s bill of costs, the acquitted defendant claimed pounds 3,971.50 as ‘the costs of a specialist graphics contractor’ who had been instructed and paid directly by the defendant. Held: Moses J stated: ‘It does not follow that, because a solicitor has claimed costs and disbursements, that will necessarily rule … Continue reading Regina v Bedlington Magistrates’ Court, ex parte Wilkinson: Admn 21 Oct 1999