Search Results for: Art 24 EC

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Fofana, Belise v Deputy Prosecutor Thubin, Tribunal De Grande Instance De Meaux, France: QBD 5 Apr 2006

When considering whether an offence was disclosed in an extradition application, what matters is the nature of the conduct described in the extradition request or warrant; the ‘charge’ has no formal status in the extradition proceedings. It is an informal document, normally drafted by counsel for the state seeking extradition, the sole purpose of which … Continue reading Fofana, Belise v Deputy Prosecutor Thubin, Tribunal De Grande Instance De Meaux, France: QBD 5 Apr 2006

Magistrates of Haddington v Thomas Bernard and Co Ltd: HL 16 Dec 1901

Burgh – Royal Burgh – Petty Customs – Charter of Confirmation, Erection, and Novodamus – Lands Included in Charter Outside Walls and Ancient Boundaries of Royalty – Through Customs – Causeway Mail.Held that petty customs were leviable on goods entering certain lands which were included in a royal charter of confirmation, erection, and novodamus granted … Continue reading Magistrates of Haddington v Thomas Bernard and Co Ltd: HL 16 Dec 1901

Liverpool City Council (Decision Notice): ICO 18 Jan 2010

The complainant requested information from Liverpool City Council (the Council) as to whether it had contracts with Northgate Information Solutions Plc. During the Council’s correspondence with the complainant and the Commissioner it altered its position on this a number of times before clarifying the involvement of a partner company in the arrangements. However it ultimately … Continue reading Liverpool City Council (Decision Notice): ICO 18 Jan 2010

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243: CA 29 Feb 2008

The court considered the difference between waiver by election and waiver by estoppel. Rix LJ said: ‘election is the exercise of a right to choose between inconsistent remedies’ and ‘generally requires knowledge of all the facts giving rise to the choice on the part of the party electing’. Judges: Rix LJ, Jacob LJ, Forbes LJ … Continue reading Kosmar Villa Holidays Plc v Trustees of Syndicate 1243: CA 29 Feb 2008

Olupitan and Another v Director of the Assets Recovery Agency: CA 22 Feb 2008

The claimant challenged seizure of cash he was carrying. The court had concluded from its volume that it represented the proceeds of crime. Held: Carnwath LJ said: ‘I agree with Sullivan J (in Green) that the Director need not allege the commission of any specific criminal offence, provided there are set out the matters alleged … Continue reading Olupitan and Another v Director of the Assets Recovery Agency: CA 22 Feb 2008

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others: CA 8 Feb 2008

The claimant sought leave to appeal refusal of access to the will of Princess Margaret. He wished to prove that he was her illegitimate son. The will had been subject to an order providing that its contens were not to be published. Held: ‘Sections 124 and 125 of the 1981 Act deal with access to … Continue reading Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others: CA 8 Feb 2008

SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

Bleuse v MBT Transport Ltd and Another: EAT 21 Dec 2007

EAT Working Time RegulationsUnfair Dismissal – Exclusions including worker/jurisdictionThe claimant, a lorry driver, worked mainly in Austria and Germany, but had a contract of employment with a company registered in England. The contract identified English law as the proper law and sought to confer exclusive jurisdiction on the English courts. The claimant lodged a number … Continue reading Bleuse v MBT Transport Ltd and Another: EAT 21 Dec 2007

Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy): ECJ 24 Jan 2008

ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the expiration of the time prescribed by law Citations: C-350/06, [2008] EUECJ C-350/06 – O Links: Bailii Statutes: Directive 2003/88/EC Cited by: Opinion – … Continue reading Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy): ECJ 24 Jan 2008

Kustom Musical Amplification v OHMI (Forme D’Une Guitare): ECFI 7 Feb 2007

CJEU (Intellectual Property) Community trade mark Three-dimensional mark Shape of a guitar Absolute ground for refusal Infringement of the rights of the defence Statement of reasons Article 73 of Regulation (EC) No 40/94. Citations: T-317/05, [2007] EUECJ T-317/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 13 July 2022; Ref: scu.248893

Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002

The claimant took part in a planning appeal, objecting to a development. After the appeal, the inspector agreed different conditions, but without allowing the claimant to be involved. He appealed. Held: The inspector was obliged to deal fairly. The claimant was not entitled as of right to attend but had done so, and the issues … Continue reading Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002

Gruppo Torras v Al Sabah: ChD 24 Jun 1999

Liability based on knowing receipt did not ‘depend on the commission of any wrong or give rise to any obligation to make good any loss other than by way of restitution.’ Judges: Mance J Citations: Unreported, 24 June 1999 Jurisdiction: England and Wales Cited by: Cited – Charter Plc and Another v City Index Ltd … Continue reading Gruppo Torras v Al Sabah: ChD 24 Jun 1999

Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007

The applicants complained of the action and inaction of members of an international security force (‘KFOR’) that had been deployed in Kosovo pursuant to Security Council Resolution 1244 (1999). Held: The applications were inadmissible. The Court was not competent ratione personae. This was because the individual respondents fell to be treated as part of KFOR … Continue reading Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007

Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Citations: 33986/96, [2000] ECHR 384, 33985/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999 The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. … Continue reading Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000

Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award – Convention proceedings Citations: [2000] ECHR 2, 30229/96, [2000] ECHR 2, [2001] ECHR 249, 29813/96 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000

FBTO Schadeverzekeringen v Jack Odenbreit: ECJ 13 Dec 2007

ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the place where the plaintiff is domiciled.By virtue of Articles 11(2) and 9(1)(b) of Regulation EC 44/2001 (‘Regulation 44’) a person … Continue reading FBTO Schadeverzekeringen v Jack Odenbreit: ECJ 13 Dec 2007

Akzo Nobel and Others v Commission (Competition): ECFI 12 Dec 2007

ECJ Competition Cartels in the vitamin products sector Choline chloride (Vitamin B4) Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area Attributability of the infringement.‘The concept of undertaking within the meaning of Article 81 EC includes economic entities which consist of a unitary organisation of … Continue reading Akzo Nobel and Others v Commission (Competition): ECFI 12 Dec 2007

Xentral v OHMI – Pages Jaunes (Pagesjaunes.Com): ECFI 13 Dec 2007

ECJ Community trade mark Opposition proceedings. Application for the Community word mark PAGESJAUNES.COM – Earlier national figurative mark LES PAGES JAUNES Domain name ‘pagesjaunes.com’ Relative grounds for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-134/06, [2007] EUECJ T-134/06 Links: Bailii European, Intellectual Property Updated: 12 July 2022; Ref: scu.262924

North Wales Probation Area v Edwards: EAT 12 Dec 2007

EAT Contract of employment: Definition of employee Whether claimant employed under a contract of employment – ‘sessional employment’ – succession of contracts The claimant was placed on a list of relief hostel workers, after signing a document entitled ‘Relief Hostel Worker Contract’ which set out terms and conditions under which the respondent offered ‘sessional employment’. … Continue reading North Wales Probation Area v Edwards: EAT 12 Dec 2007

Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

The threshold requirement referable to the nature of the consequences was ‘not a specially high one’ Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s decision) in Huang has thus not been to introduce a new interpretation of article 8 … Continue reading AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

Meretz Investments Nv and Another v ACP Ltd and others: CA 11 Dec 2007

The claimant alleged that when exercising its power of sale under a mortgage over its land, the mortgagee had done so in order to override the claimant’s intention of granting a sub-lease, and that this was a tortious intention to induce a breach of contract. Held: The claimant’s appeal failed. The respondents intended to produce … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: CA 11 Dec 2007

Hart v Chief Constable of Derbyshire Constabulary: EAT 6 Dec 2007

EAT Disability discrimination – Reasonable adjustmentsThe Tribunal found that the Chief Constable was entitled to terminate the services of a probationary constable who could not successfully complete her probationary period because certain disabilities prevented her from carrying out duties in a confrontational setting. It was not a reasonable adjustment to expect the Chief Constable to … Continue reading Hart v Chief Constable of Derbyshire Constabulary: EAT 6 Dec 2007

Timpul Info-Magazin and Anghel v Moldova: ECHR 27 Nov 2007

Particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive. Citations: 42864/05, [2007] ECHR 976 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009 The applicant alleged that … Continue reading Timpul Info-Magazin and Anghel v Moldova: ECHR 27 Nov 2007

GFK v OHMI-Bus (Online Bus): ECFI 24 Nov 2005

ECJ Community trade mark – Application for the Community word mark Online Bus – Earlier figurative trade mark composed of the word -BUS- and a figure made up of three interlaced triangles – Genuine use of the earlier mark – Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of … Continue reading GFK v OHMI-Bus (Online Bus): ECFI 24 Nov 2005

Simonds Farsons Cisk v Ohmi-Spa Monopole (Kinji By Spa): ECFI 24 Nov 2005

ECJ Community trade mark – Opposition procedure – Application for registration of a Community figurative mark containing the verbal element -KINJI by SPA- Earlier Community word mark KINNIE – Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 of Regulation No 40/94. Citations: T-3/04, [2005] EUECJ T-3/04 Links: Bailii Jurisdiction: European … Continue reading Simonds Farsons Cisk v Ohmi-Spa Monopole (Kinji By Spa): ECFI 24 Nov 2005

Kent County Council v G and others: HL 24 Nov 2005

A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005

Walker and Another v The Presbytery of Arbroath: HL 24 Nov 1876

A suspension and interdict was brought against a presbytery and the heritors of a parish by a proprietor, (a portion of whose ground had been designated for an addition to the churchyard), on the grounds-(1) that he had not got sufficient notice of the meeting of presbytery at which his ground was designated, and that … Continue reading Walker and Another v The Presbytery of Arbroath: HL 24 Nov 1876

John Stewart, Esq v Sir Kenneth Mackenzie, Bart: HL 20 Dec 1757

Entail – Debts – Provisions. – (1) An entailed estate having been sold under an Act of Parliament, and this Act having been obtained by the fraudulent allegation of debt, which did not exist, the sale was set aside, and the entail held to be still a binding and subsisting entail, though the maker and … Continue reading John Stewart, Esq v Sir Kenneth Mackenzie, Bart: HL 20 Dec 1757

Major Arthur Forbes, Now Taking The Name of Maitland v William Gordon, Trustee of Katherine and Ann Maitland: HL 24 Mar 1760

Delivery of Deed – Prescription – Confusio – Bona Fide Consumption – Interest of Debt.- Circumstances in which held, 1 st That debts acquired by a husband affecting his wife’s estate, do not prescribe during marriage; and that prescription does not run against these bonds during the minority of the person for whose behoof they … Continue reading Major Arthur Forbes, Now Taking The Name of Maitland v William Gordon, Trustee of Katherine and Ann Maitland: HL 24 Mar 1760

Birmingham City Council and Another v Samuels: EAT 24 Oct 2007

EAT Unfair dismissal – Procedural fairness/automatically unfair dismissalPractice and Procedure – Appellate jurisdiction/Reasons/Burns-BarkeRace discrimination – Direct / Burden of proof / VictimisationIt being common ground that the Employment Tribunal directed itself correctly on the law, its application to the facts was not perverse. The Employment Tribunal approached the burden of proof correctly, except for holding … Continue reading Birmingham City Council and Another v Samuels: EAT 24 Oct 2007

Pfeifer v Austria: ECHR 15 Nov 2007

The right to protect one’s honour and reputation is to be treated as falling within the protection of Article 8: ‘a person’s reputation, even if that person is criticised in the context of a public debate, forms part of his or her personal identity and psychological integrity.’ Citations: 12556/03, [2007] ECHR 935, (2007) 48 EHRR … Continue reading Pfeifer v Austria: ECHR 15 Nov 2007

Milnyali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 Oct 2007

The claimant said that he had been unlawfully detained after completing his sentence for theft. The defendant had continued his detention saying that he was an Algerian, and pending re-admission to Algeria. The Algerians did not recognise him. Citations: [2007] EWHC 2411 (Admin) Links: Bailii Torts – Other, Prisons Updated: 12 July 2022; Ref: scu.260204

Ponomaryov and Others v Bulgaria: ECHR 18 Sep 2007

The applicants complained they were required to pay school fees as a result of their Kazakh nationality and immigration status. Held: ‘… [A state] may also, in certain circumstances, justifiably differentiate between different categories of aliens residing in its territory. For instance, the preferential treatment of nationals of member states of the European Union – … Continue reading Ponomaryov and Others v Bulgaria: ECHR 18 Sep 2007

Secretary of State for Justice v Slee: EAT 19 Jul 2007

EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007

Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007

The claimant was a Pakistani member of the Labour Party. He had sought selection as parliamentary candidate, but allegations had been made about behaviour of members in the Pakistani community in his ward and the local party had been suspended. A candidate was deliberately chosen who was not a member of that community. The claimant … Continue reading Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007

Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

Mid Suffolk District Council (Decision Notice): ICO 18 Jan 2010

The complainant requested information held by the Mid Suffolk District Council under its Environmental Health powers relating to an investigation on the land and premises located at a particular address. The Council provided the information with some redactions. The Council withheld some information which it considered to be personal data. The Commissioner’s decision is that … Continue reading Mid Suffolk District Council (Decision Notice): ICO 18 Jan 2010

Universal Leasing and Finance Limited v Montego Vacations Limited (Appeal No 33 of 2000): PC 24 Jan 2002

PC (Jamaica) The case concerned a contract for the sale of land. No completion date had been specified, nor that vacant possession should be given. Held: Evidence supported the suggestion that vacant possession had been agreed between the parties. The case was remitted for consideration of the form in which specific performance was to be … Continue reading Universal Leasing and Finance Limited v Montego Vacations Limited (Appeal No 33 of 2000): PC 24 Jan 2002

Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 1995

Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services. Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to introduce it.Sir Thomas Bingham MR said: ‘The court may not interfere with the exercise of an administrative discretion on substantive … Continue reading Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 1995

RBS Deutschland Holdings Gmbh v Revenue and Customs: VDT 24 Jul 2007

VDT VAT – deduction of input tax – leasing of cars within UK by German subsidiary company – cars purchased within UK, remaining there and subject to VAT in UK – leasing deemed to be supply of services in Germany for UK tax purposes – no VAT exigible in Germany on these payments – whether … Continue reading RBS Deutschland Holdings Gmbh v Revenue and Customs: VDT 24 Jul 2007

A v United Kingdom: ECHR 1982

The Commission considered a complaint where entry clearance was refused for the Philippine fiancee of a disabled man of limited means on the basis that she did not have the means to maintain and support herself without access to public funds. Held: The complaint was manifestly ill-founded. There was no evidence there would be any … Continue reading A v United Kingdom: ECHR 1982

Gerasimenko v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 24657/03 Jurisdiction: Human Rights Human Rights Updated: 11 July 2022; Ref: scu.235175

W v Westminster City Council and Others: QBD 9 Dec 2004

The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act that there was ‘concern that [the claimant] might be grooming S for prostitution.’ The … Continue reading W v Westminster City Council and Others: QBD 9 Dec 2004

Pan Ocean Shipping Co Ltd v Creditcorp Ltd: CA 24 Mar 1993

(The Trident Beauty) Advance payments made under a charterparty contract were not recoverable the assignees when the charter became ineffective. Such contracts were provisional as between the original parties, but did not retain that characteristic on assignment unless the contract was, in effect, clearly identified as such. Citations: Gazette 24-Mar-1993 Jurisdiction: England and Wales Cited … Continue reading Pan Ocean Shipping Co Ltd v Creditcorp Ltd: CA 24 Mar 1993

F A Tamplin Steamship Co Ltd, and Anglo-Mexican Petroleum Products Co Ltd (Re Arbitration): HL 24 Jul 1916

The charterers hired for a period of five years an oil tank steamship. Two and a quarter years of the contract had expired when the ship was requisitioned by the British Government, who made structural alterations upon it. The shipowners claimed that this determined the contract. Held (dis. Viscount Haldane and Lord Atkinson) that the … Continue reading F A Tamplin Steamship Co Ltd, and Anglo-Mexican Petroleum Products Co Ltd (Re Arbitration): HL 24 Jul 1916

Can v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 14+8-1 – Prohibition of discrimination : Second Section Committee Citations: 2437/08, [2018] ECHR 768 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 July 2022; Ref: scu.628744

Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd: EAT 25 Jul 2007

EAT Unfair dismissal – Exclusions including worker/jurisdiction These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims for unfair dismissal. In Payne the Employment Tribunal found that there was no illegal contract; in Grace that there was. `The EAT upheld the Payne decision … Continue reading Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd: EAT 25 Jul 2007

Assets Recovery Agency v Szepietowski and others: CA 24 Jul 2007

The defendant had had set aside an interim order for assets recovery. The director appealed against a finding by the court below that he did not have ‘a good arguable case’, justifying an interim recovery order. Held: The appeal succeeded. On an interim order, the director had to establish a good arguable case that a … Continue reading Assets Recovery Agency v Szepietowski and others: CA 24 Jul 2007

Fortum Project Finance: ECJ 5 Jul 2007

Europa (Free Movement Of Capital) Article 56(1) EC Directive 69/335/EEC Article 12(1)(a) and (c) Exception to the prohibition on double taxation of contributions of capital Contribution of capital in the form of shares to a company established in another Member State Exchange of shares Capital transfer tax Citations: C-240/06, [2007] EUECJ C-240/06 Links: Bailii Jurisdiction: … Continue reading Fortum Project Finance: ECJ 5 Jul 2007

D and H Travel Ltd, Henderson v Foster: EAT 24 Jul 2006

EAT The employee made a claim for sexual harassment against her employer and an individual who effectively ran the company. No response was entered and the Chairman entered a default judgment on liability only. Some months later a remedies hearing was fixed and the individual (the Second Appellant) turned up and wished to make representations. … Continue reading D and H Travel Ltd, Henderson v Foster: EAT 24 Jul 2006

Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

T-Mobile Austria And Others (Taxation): ECJ 26 Jun 2007

ECJ Sixth VAT Directive – Taxable transactions – Definition of ‘economic activity’ Article 4(2) Allocation of rights making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services. Citations: C-284/04, [2007] EUECJ C-284/04, [2006] EUECJ C-284/04 Links: Bailii, Bailii Jurisdiction: European VAT Updated: 11 July 2022; Ref: scu.254424

Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007

Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial. Held: The complaint failed. Insofar as the complaint was restricted to interference with a fair trial, the Directive provided that advice given in the course of proceedings … Continue reading Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007

Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Lammerzahl GmbH v Freie Hansestadt Bremen: ECJ 7 Jun 2007

Judgment – Law Relating To Undertakings – Public contracts Directive 89/665/EEC Review procedures concerning the award of public contracts Limitation period Principle of effectivenessArticle 1 of the Directive required member states to take the measures necessary to ensure that: ‘as regards contracts falling within the scope of Directive 2004/18/EC, decisions taken by the contracting authorities … Continue reading Lammerzahl GmbH v Freie Hansestadt Bremen: ECJ 7 Jun 2007

Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007

In extradition proceedings the accused has no right to disclosure of evidence to the same extent and of the same kind which would be available in domestic proceedings. Laws LJ said that a prison sentence without chance for parole might infringe the defendant’s human rights: ‘The abolition of the death penalty has been lauded, and … Continue reading Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007

Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began. Held: The defendant’s appeal succeeded. The test for proximity of the negotiations to the litigation was not one of time, but of the closeness of the connection between … Continue reading Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

Charman v Charman (No 4): CA 24 May 2007

The court considered what property should be considered in an ancillary relief claim on divorce, and said: ‘To what property does the sharing principle apply? The answer might well have been that it applies only to matrimonial property, namely the property of the parties generated during the marriage otherwise than by external donation; and the … Continue reading Charman v Charman (No 4): CA 24 May 2007

Hooper v Secretary of State for Work and Pensions: CA 24 May 2007

The claimant had been required to repay an overpayment of incapacity benefits having taken up part time work without notifying the respondent. He now said that a fact sheet issued by the respondent was insufficiently clear and unambigous as to allow a recoupment. Held: The claimant’s appeal succeeded. The words ‘you should fill in the … Continue reading Hooper v Secretary of State for Work and Pensions: CA 24 May 2007

Tirnaveanu, Regina v: CACD 24 May 2007

The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Same: CA 26 Jun 2009

The respondent had listed criminal offences committed by the applicants in support of his decision to have them removed and returned home. Held: The appeal was allowed. The list provided included offences which were not of the serious nature required for inclusion in such a list, and the respondent had not properly allowed for the … Continue reading EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Same: CA 26 Jun 2009

Sutton London Borough Council (Decision Notice): ICO 24 May 2006

The complainant asked to be provided with all the information held by the Council’s Trading Standards Service in respect to a particular trader. The Council released a limited amount of information but withheld the remainder, citing the exemptions provided by section 30(2) (Investigations and Proceedings Conducted by Public Authorities) and sections 40(2) and (3) (Personal … Continue reading Sutton London Borough Council (Decision Notice): ICO 24 May 2006

The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds … Continue reading The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

Secretary of State for Health v Rance: EAT 4 May 2007

EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007

Ivannikova v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 24659/03 Jurisdiction: Human Rights Human Rights Updated: 10 July 2022; Ref: scu.235176

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Eyres v Atkinsons Kitchens and Bedrooms Ltd: CA 24 Apr 2007

The driver appealed dismissal of his claim for personal injuries against his employer. He had crashed, but said that he had been awake for 19 hours. Held: Both employer and employee must have been aware of the risks. The most likely explanation was a micro-sleep lasting less than ten seconds. The appeal was allowed, but … Continue reading Eyres v Atkinsons Kitchens and Bedrooms Ltd: CA 24 Apr 2007

Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability. Held: The responsible officer had not been aware of the applicable protocol. The police ought to have been aware of … Continue reading Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

Gillan v The Director of Public Prosecutions: Admn 15 Feb 2007

Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. He now appealed a decision that that court did not have the jurisdiction to do so. … Continue reading Gillan v The Director of Public Prosecutions: Admn 15 Feb 2007

Martinez v Revenue and Customs: VDT 12 Dec 2006

VDT VAT: INPUT TAX – Appellant) claimed input tax on supplies of antique jewellery – the supplies not evidenced by a valid VAT invoice – Appellant produced no alternative evidence to substantiate his input tax claims – no jurisdiction to entertain a misdirection claim – unjust enrichment irrelevant – Appeal dismissed Judges: Michael Tildesley C … Continue reading Martinez v Revenue and Customs: VDT 12 Dec 2006

G v Secretary of State for the Home Department: SIAC 8 Feb 2007

Algeria is a country where torture is systematically practised by the DRS (Information and Security Department). No DRS officer has ever been prosecuted for it; and : ‘in the absence of [certain assurances from the Algerian Government] there would be a real risk that on his return to Algeria A (and persons in a similar … Continue reading G v Secretary of State for the Home Department: SIAC 8 Feb 2007

Computershare Investor Services Plc v Jackson: EAT 15 Dec 2006

EAT Transfer of Undertakings – pensions and other termsThe Claimant started to work for the transferor in 1999 where there was no severance pay scheme. She transferred to the Appellant in 2004 where there is a dual scheme providing different benefits to those who ‘joined’ before and after 2002, each increasing with length of service. … Continue reading Computershare Investor Services Plc v Jackson: EAT 15 Dec 2006

Stone (HM Inspector of Taxes) v Hitch and others: CA 26 Jan 2001

As an exception to the general rule, it is not invariably necessary to show, in relation to multi party transactions, that every party to it knew it was a sham.Arden LJ said: ‘Third, the fact that the act or document is uncommercial, or even artificial, does not mean that it is a sham. A distinction … Continue reading Stone (HM Inspector of Taxes) v Hitch and others: CA 26 Jan 2001

AIT-Mouhoub v France: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (as regards first complaint); Violation of Art. 6-1 (as regards second complaint); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 22924/93, [1998] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human … Continue reading AIT-Mouhoub v France: ECHR 28 Oct 1998

Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002

Regina v London Borough of Hillingdon ex parte McDonagh: Admn 28 Oct 1998

A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice. Citations: Times 09-Nov-1998, [1998] EWHC Admin 1015 Links: Bailii Statutes: County Court … Continue reading Regina v London Borough of Hillingdon ex parte McDonagh: Admn 28 Oct 1998

Regina v South Bank University ex parte Anyanwu: Admn 27 Jun 1996

The university was concerned at the way it saw the students’ union being run, and imposed a constitution which resulted in the claimants being dismissed. The claimants sought judicial review of the imposition of the new constitution, but that was outside the three months limit. That delay was overwhelming to the case. Two applicants sought … Continue reading Regina v South Bank University ex parte Anyanwu: Admn 27 Jun 1996