Citations: [2006] EWHC 3151 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Chartbrook Ltd v Persimmon Homes Ltd and Another ChD 2-Mar-2007 The claimants had entered into an agreement with the defendant house-builder for the development of a site which the claimants had recently acquired. The structure of the agreement was that … Continue reading Jones v Bright Capital Ltd and others: ChD 7 Dec 2006
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006
The claimant’s husband died in a road traffic accident. The other driver was not insured. The claimant began an action against the MIB, but failed first to give the necessary notice. She now appealed an order preventing her discontinuing the action so as to allow service of the necessary notice and re-issue out of time … Continue reading Richardson v Watson and Another: CA 6 Dec 2006
The parties had disputed ownership of intellectual property rights. The court had found certain parties dishonest. The judge had found the successful defendants honest and adjusted the costs order in their favour. The claimants appealed. Held: If dishonesty had been found, the fact that the paying party had not sought an order from the judge … Continue reading Northstar Systems Ltd and others v Fielding and others; Ultraframe (UK) Ltd and Others v Fielding and Others (No 2): CA 6 Dec 2006
Appeals against conviction of an offence of assault occasioning actual bodily harm, contrary to section 47 the 1861 Act. It is common ground that Heather Lewis was assaulted on 6th November 2005 when she was attacked in her home. It is further common ground that during the incident blows were struck by three women, and … Continue reading Nedrick-Smith v -Director of Public Prosecutions: Admn 15 Nov 2006
Citations: [2006] EWCA Civ 1619 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – AL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008 Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been … Continue reading AL (Serbia) v Secretary of State for the Home Department: CA 28 Nov 2006
Citations: [2006] EWCA Civ 1599 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Halliburton Energy Services Inc v Smith International (North Sea) Inc and others Patc 9-Sep-2004 . . See Also – Halliburton Energy Services Inc v Smith International (North Sea) Ltd Patc 8-Nov-2004 . . See Also – Halliburton Energy Services, Inc … Continue reading Halliburton Energy Services Inc v Smith International (North Sea) Ltd and others: CA 24 Nov 2006
The applicant said that his human rights had been infringed under laws which required him to apply to the high court for bail rather than to a magistrate, necessitating a further four day wait before his application for bail was considered. He had been remanded after admitting an armed robbery, though the police had not … Continue reading McKay v The United Kingdom: ECHR 3 Oct 2006
The claimant had been a Russian spy whilst in British Intelligence, escaping from prison and fleeing to Russia in 1966. He now complained that an action by the respondent government to seek to recover royalties from a book had been so extended in time as to deny him a fair trial. The proceedings had lasted … Continue reading Blake v The United Kingdom: ECHR 26 Sep 2006
The defendant appealed by case stated against his conviction by the magistrates for entering the UK without a passport. He had relied on a false passport povided to him by an agent, and had returned it to the facilitator. He was therefore unable to present it on interview. Held: The appeal succeded. The Act was … Continue reading Thet v Director of Public Prosecutionsz: Admn 19 Oct 2006
ECJ Competition – Article 81 EC – System for the exchange between financial institutions of information on customer solvency – Reference for a preliminary ruling – Admissibility – Effect on trade between Member States – Restriction of competition – Benefit for consumers. Citations: C-238/05, [2006] EUECJ C-238/05 Links: Bailii Jurisdiction: European Commercial Updated: 08 July … Continue reading Asnef-Equifax: ECJ 23 Nov 2006
Citations: [2006] EWCA Civ 1540 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 08 July 2022; Ref: scu.246066
ECJ Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such regulations (Article 230(4) EC) – Common organisation of the markets in the sugar sector – Isoglucose production quotas – Treatment of isoglucose merely … Continue reading Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 26 Oct 2006
The Tribunal had concluded in JM (Rule 62(7); human rights unarguable) Liberia * [2006] UKAIT 00009 that a human rights claim was not justiciable on a variation of leave appeal because in such a case the appellant’s removal was not imminent, and the case was not within section 84(1)(g) which conferred the relevant jurisdiction on … Continue reading JM v Secretary of State for the Home Department: CA 4 Oct 2006
Citations: [2006] EWCA Civ 1444 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 08 July 2022; Ref: scu.245911
The provisions of rule 4.16(7) providing for confidentiality in children proceedings were Convention compliant: ‘such proceedings are prime examples of cases where the exclusion of the press and public may be justified in order to protect the privacy of the child and parties and to avoid prejudicing the interests of justice. To enable the deciding … Continue reading B v The United Kingdom; P v The United Kingdom: ECHR 2001
The applicant’s son had been taken into care by a public authority. The family complained that the proceedings had been held in secret. Held: There had been a breach of Article 6, inter alia on the ground that the hearing had not been in public: ‘The Court considers that there are a number of elements … Continue reading Moser v Austria: ECHR 2006
Objection had been made to a proposed shopping centre on the site of the former Ravenscraig steel mills, saying that it would provide excess capacity and went against the policy that priority should be given to permissions for town centres. The plan had been altered to designate it as in effect a new town centre. … Continue reading Land Securities Group Plc v Scottish Ministers and others: HL 25 Oct 2006
Hobhouse LJ said: ‘The question whether the relevant act was committed in the course of carrying out the joint enterprise in which the defendant was a participant is a question of fact not law. If the act was not so committed then the joint enterprise ceases to provide a basis for a finding of guilt … Continue reading Stewart and Another, Regina v: CACD 10 Nov 1994
Citations: [2006] EWCA Civ 1342 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 08 July 2022; Ref: scu.245779
ECJ Contract staff – Request for review of classification and remuneration set on recruitment – Former auxiliary staff member employed as contract staff without any change of functions – Articles 3a and 80, paragraphs 2 and 3 of the CEOS – Duties falling under different groups of functions – Equal treatment Judges: S. Van Raepenbusch … Continue reading De Smedt v Commission (Staff Regulations): ECJ 19 Oct 2006
Europa Common Customs Tariff – Tariff headings – Classification in the Combined Nomenclature of ink cartridges compatible with Epson Stylus Color printers – Inks (heading 3215) – Parts and accessories of machines of heading 8471 (heading 8473). Citations: C-250/05, [2006] EUECJ C-250/05 Links: Bailii Jurisdiction: European Cited by: Cited – HM Revenue and Customs v … Continue reading Turbon International v Oberfinanzdirektion Koblenz: ECJ 26 Oct 2006
The claimant brought a claim for detriment suffered after he had made a protected disclosure. The employer replied that he was out of the three month time limit. He had been off sick after being assaulted, and said that his employers had treated him as a troublemaker after he complained and disclosed that he had … Continue reading Arthur v London Eastern Railway Ltd (T/A One Stansted Express): CA 25 Oct 2006
Citations: [2006] DRS 3794 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 08 July 2022; Ref: scu.245525
Citations: [2006] DRS 3857 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 08 July 2022; Ref: scu.245529
Citations: [2006] DRS 3847 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 08 July 2022; Ref: scu.245534
Prior to the coming into force of the Civil Partnership Act 2004, it was not a breach of art 14 of the ECHR amounting to unlawful discrimination on the ground of sexual orientation to refuse to grant leave to a person in a same-sex relationship who could not satisfy the requirements of the Immigration Rules … Continue reading LD (Article 14; Same-Sex Relationships) Brazil: IAT 10 Sep 2006
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
Citations: [2006] EWCA Civ 1336 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 08 July 2022; Ref: scu.245378
Patents – action for infringement of two patents relating to the formulation of cyclosporin, which is a pharmaceutical of particular utility in producing immunosuppression in recipients of allogenic organ transplants. Judges: Pumfrey J Citations: [2006] EWHC 2506 (Pat) Links: Bailii Cited by: Appeal from – Novartis (Ag) v Ivax Pharmaceuticals UK Ltd CA 18-Oct-2007 Novartis … Continue reading Novartis Ag v Ivax Pharmaceuticals UK Ltd: PatC 16 Oct 2006
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 67199/01 Jurisdiction: Human Rights Human Rights Updated: 08 July 2022; Ref: scu.194349
ECHR Judgment : Article 3 – Prohibition of torture : Third Section ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 1223/12, [2022] ECHR 387, [2022] ECHR 394 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 July 2022; Ref: scu.678138
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay. Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in the respondent’s conduct of foreign relations, but the claimants now asserted severe infringement of … Continue reading Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006
The claimant challenged the decision of the respondent that his continued presence in the UK would not be conducive to the public good. He had been given multiple entry visas which had been revoked. Held: The refusal of entry interfered with the peaceful enjoyment of the claimant’s possessions (the right to obtain medical treatment), under … Continue reading Murungaru v Secretary of State for the Home Department and others: Admn 4 Oct 2006
There had been a low impact traffic accident, with conflicting evidence as to the damages suffered and capable of beingcaused by such an accident. The court considered the correct practice for the court in allowing additional expert evidence in small claims. Held: In view of the controversy as to the possible injuries to be suffered, … Continue reading Casey v Cartwright: CA 5 Oct 2006
Judges: Lord Denning MR, Roskill, Lawton LJJ Citations: [1977] 2 All ER 293, 34 P and CR 329, [1977] 2 WLR 726, 242 EG 955, [1977] EWCA Civ 1, [1977] QB 580 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 July 2022; Ref: scu.245274
Judges: Chadwick, Neuberger, Jacob LJJ Citations: [2006] EWCA Civ 1261 Links: Bailii Jurisdiction: England and Wales Citing: Approved – SABAF SpA v MFI Furniture Centres Ltd and Another CA 11-Jul-2002 The appellant challenged dismissal of its claim for patent infringement. The judge had held that the design was obvious, involving essentially only the collocation of … Continue reading Generics (UK) Ltd v H Lundbeck A/S: CA 2 Aug 2006
EAT Unfair dismissal – dismissal/ambiguous resignationET was required to decide a preliminary issue whether the Respondent agreed that the Claimant could withdraw his notice. In a majority judgment, they failed to address that issue, but held that the Appellant was on some (unclear) other basis dismissed. Remitted to a different tribunal to decide all issues … Continue reading Liverpool Community College v Bogart: EAT 5 Jul 2006
VDT PROCEDURE – Application to set decision aside – Failure to appear at the hearing – Appellant failed to appear at hearing when appeal was determined against him – Appellant applied to have decision set aside – Whether just to do so – Value Added Tax Tribunals Rules 1986 r. 26(3) Citations: [2006] UKVAT V19722 … Continue reading Prebble C and Prebble H (Trading In Partnership) v Revenue and Customs: VDT 18 Aug 2006
ECJ (Opinion) European Parliament – Elections – Right to vote – Requirements of residence in the Netherlands for Netherlands citizens of Aruba – Citizenship of the Union. Judges: A Tizzano AG Citations: C-300/04, [2006] EUECJ C-300/04, [2009] QB 307, [2006] ECR I-8055, ECLI:EU:C:2006:545, [2007] All ER (EC) 486, [2007] 1 CMLR 4 Links: Bailii Cited … Continue reading Eman and Sevinger (European Citizenship): ECJ 12 Sep 2006
EAT The Claimant claimed that she was disabled within the meaning of the Disability Discrimination Act 1995. She claimed she was suffering from carpal tunnel syndrome, which was accepted. She also complained she was suffering from a mental impairment, i.e ‘stress’. Before the Employment Tribunal she failed to adduce any medical evidence beyond certain brief … Continue reading Beales v Secretary of State for Work and Pensions: EAT 18 Sep 2006
Citations: [2006] EWCA Civ 1192 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.244677
Citations: [2006] EWCA Civ 1166 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.244473
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3. Held: The appeal succeeded. The availability of a judicial review of the orders made was sufficient to provide a protection. The … Continue reading Secretary of State for the Home Department v MB: CA 1 Aug 2006
Citations: [2006] EWCA Civ 1117, [2007] INLR 195 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 82 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 … Continue reading AK v Secretary of State for the Home Department: CA 31 Jul 2006
The applicants sought to have quashed an order by the Council confirming a footpath. Having concluded that the decision of an inspector confirming a modification order was flawed, the Court said that it should be quashed and the matter remitted for reconsideration. Leading counsel for the objectors thereupon submitted that the consequence of the decision … Continue reading Norman and Another v Secretary of State for the Environment, Food and Rural Affairs: Admn 5 Jul 2006
Citations: [2006] EWHC 1908 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Burdle v Secretary of State for the Environment QBD 22-Jun-1972 The appellants had purchased land which had been used as a dwelling with a lean-to annex which had been used as a scrap yard, selling off car parts. The appellant had … Continue reading Searle, Regina (on the Application Of) v Secretary of State for the Environment and Another: Admn 7 Jul 2006
The defendants had started but abandoned a request against third parties, and had to pay their costs. It now sought those and its own costs from the claimant, saying that the abortive application would have been unnecessary had the claimant complied with its own disclosure obligations. The claimant said the court did not have jurisdiction … Continue reading Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 2006
The applicants had challenged non-derogating control orders restricting his liberty on the basis that he was suspected of terrorist intentions. The Home Secretary appealed an order finding the restrictions to be unlawful. Held: The Home Secretary’s appeal failed. The restrictions imposing an 18 hours a day curfew, and additional substantial movement and association restrictions amounted … Continue reading Secretary of State for the Home Department v JJ and others: CA 1 Aug 2006
(In french) Citations: 69698/01, [2006] ECHR 476 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Stoll v Switzerland ECHR 7-Feb-2007 Grand Chamber – Press release . .See Also – Stoll v Switzerland ECHR 10-Dec-2007 Grand Chamber – The applicant alleged that his conviction for publishing ‘secret official deliberations’ had … Continue reading Stoll v Switzerland: ECHR 25 Apr 2006
The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering … Continue reading Martinie v France: ECHR 12 Apr 2006
The applicants complained under Article 6-1 of the Convention that a decision refusing to reimburse the costs they had borne in respect of a civil claim that the Public Prosecutor unsuccessfully lodged against them was in breach of these provisions. The claim against them had alleged unjust enrichment in the purchase of public land under … Continue reading Stankiewicz v Poland: ECHR 6 Apr 2006
The tort loss of profit principles can apply in contract cases for damages. No economic loss damages were to be claimed after a supervening incident prevented a return to work.As to costs incurred after a late amendment, Stuart-Smith LJ said: ‘As a general rule where a plaintiff makes a late amendment as here, which substantially … Continue reading Beoco Ltd v Alfa Laval Co Ltd and Another: CA 21 Dec 1993
Patent action in which the claimant asserts its patent against the defendant and alleges infringement in respect of a coating for printed circuit boards (‘PCBs’). The defendant seeks to have the patent revoked on the basis of obviousness over one particular piece of prior art. Judges: Mann J Citations: [2007] EWHC 2242 (Ch), [2008] RPC … Continue reading Siemens Schweiz Ag v Thorn Security Ltd: ChD 4 Oct 2007
EAT The Appellant left her employment and claimed (a) unfair constructive dismissal and (b) disability discrimination. On a preliminary point the ET held the disability discrimination claim was out of time as time ran from the date the employer made it clear no further adjustment could be made and not from the date of termination … Continue reading Humphries v Chevler Packaging Ltd: EAT 24 Jul 2006
Citations: [2006] EWCA Civ 1037 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.243365
The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land. Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that … Continue reading Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
(The Bahamas) The respondent sought the extradition of the appellant to face drugs charges. The appellant said that if extradited, he would not receive a fair trial, having been declared publicly by the US President to be a drugs ‘kingpin’. Held: It was wrong to suggest that the role of the Supreme Court on an … Continue reading Samuel Knowles, Junior v United States of America and Another: PC 24 Jul 2006
ECJ Appeals – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Word mark SISSI ROSSI – Opposition by the holder of the earlier word mark MISS ROSSI – Arguments presented for the first time at the hearing – Offers of evidence. Citations: C-214/05, [2006] EUECJ C-214/05 Links: … Continue reading Rossi v OHIM: ECJ 18 Jul 2006
Citations: [2006] EWCA Civ 1027 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.243361
Citations: [2006] ScotCS CSOH 111 Links: Bailii Jurisdiction: Scotland Immigration Updated: 07 July 2022; Ref: scu.243333
Citations: [2006] EWCA Civ 1043 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.243322
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
Judges: Collins J Citations: [2006] EWHC 1671 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 07 July 2022; Ref: scu.243309
Citations: [2006] EWCA Civ 993 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 July 2022; Ref: scu.243320
IAT The rule that a judicial determination stands as the determination of the issue between the parties does not govern later litigation between different parties. Accordingly, when it is said that a previous determination of the claim or appeal of another claimant is of relevance in assessing a later claim by a different person: (1) … Continue reading AS and AA (Effect of Previous Linked Determination) Somalia: IAT 6 Jul 2006
The claimant left a valuable necklace with the defendant jewellers for sale. The jewellers fell into financial difficulties, and the director gave the necklace as security for a loan to the company. The jeweller failed to maintain payments on the loan and went into insolvency. Action was now brought against the director personally. Held: The … Continue reading Advanced Industrial Technology Corporation Ltd v Bond Street Jewellers Ltd: CA 4 Jul 2006
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006
ECJ Competition – Cartels – Dutch market for industrial and medical gases – Price fixing – Calculation of fines – Guidelines on the method of setting fines – Principles of proportionality and equal treatment. Citations: [2006] EUECJ T-304/02 Links: Bailii Jurisdiction: European Commercial Updated: 07 July 2022; Ref: scu.243019
The company set up a scheme to promote their petrol sales. They distributed coins showing the heads of members of the English football team for the 1970 World Cup. One coin was given with each for gallons of petrol. The Commissioners said that the coins were part of the consideration for the sale and were … Continue reading Esso Petroleum Limited v Commissioners of Customs and Excise: HL 10 Dec 1975
SCIT CONSTRUCTION INDUSTRY CERTIFICATES – Preliminary issue being an appeal against Assessments under Regulation 14 of IT (Sub-contractors in the Construction Industry) Regs 1993 SI 1993/743 – Appeal dependent on whether Appellant’s contract for the supply of workers to it was a contract simply with one counter-party sub-contractor (which held a CIS 6 Certificate) or … Continue reading London Recruitment Services Ltd v Revenue Customs: SCIT 7 Jun 2006
The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act would prevent people enjoying their private lives. It was also … Continue reading Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs: CA 23 Jun 2006
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 ; Violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; No violation of Art. 14 ; Failure to fulfil obligations under Art. 38 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs … Continue reading Aktas v Turkey: ECHR 24 Apr 2003
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section Citations: 45014/16, [2022] ECHR 389, [2022] ECHR 396 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 July 2022; Ref: scu.678140
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award Citations: 46245/99, [2004] ECHR 368 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 07 July 2022; Ref: scu.199496
The applicants were husband and wife who wanted infertility treatment by IVF. Mr Dickson as a prisoner, and they complained that the refusal of facilities was an interference in their right to family life as a refusal to fulfil a positive obligation. Held: No breach was established. The requirements for compliance with article 8 were … Continue reading Dickson and Another v United Kingdom: ECHR 18 Apr 2006
Judges: Carnwath LJ Citations: [2006] EWCA Civ 800 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.242656
Judges: Lord Justice Dyson Lord Justice Pill Lady Justice Hallett Citations: [2006] EWCA Civ 820 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.242655
EAT The appellant was a student nurse. He was required to be chaperoned when carrying out intimate procedures on female patients whereas a female student nurse was not required to have a chaperone when carrying out intimate procedures on male patients. The respondent accepted that this was direct discrimination and therefore could not be justified … Continue reading Moyhing and Another v Barts and London NHS Trust: EAT 28 Apr 2006
The tax payer company had failed to send in pay as you earn and NI returns for three years. The commissioners had found this to be only a minor failure and that the company was entitled to an exemption certificate under the construction industry scheme to allow it to pay its staff without deduction of … Continue reading Arnold (Inspector of Taxes) v G Con Ltd: CA 12 May 2006
(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to those who might otherwise not be able to pay. New rules meant that … Continue reading Karni v Sweden: ECHR 8 Mar 1988
ECJ (Environment and Consumers) Conservation of wild birds – Directive 79/409/EEC – Derogations from the system of protection. Citations: [2006] EUECJ C-60/05 Links: Bailii Jurisdiction: European Animals Updated: 06 July 2022; Ref: scu.242515
SCIT INHERITANCE TAX – agricultural property relief – freehold house which was owned and occupied by the deceased – agreed that it was a farmhouse – whether it was of a character appropriate to the property – yes – IHTA 1984 s 115(2).Miss Antrobus had lived in a substantial freehold house, surrounded by about 126 … Continue reading Lloyds TSB Bank Plc (Antrobus Deceased) v Inland Revenue (No 1): SCIT 17 Oct 2002
Citations: [2006] EWCA Civ 576 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.242272
The claimants sought to re-open their appeal saying that the respondent department had failed properly to describe the workings of the clawback scheme under which its claim had been made. Held: A DEFRA official had provided materially incorrect information to the court in a witness statement. The judgment should be set aside. Judges: Mr Justice … Continue reading Feakins and Another v Department for Environment, Food and Rural Affairs: CA 8 Jun 2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress. Held: It was a quiet residential street late at night. The defendant had been shouting, and it was open … Continue reading Taylor v Director of Public Prosecutions: Admn 28 Apr 2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006
Judges: Lord Justice Pill Lord Justice Rix Lord Justice Dyson Citations: [2006] EWCA Civ 446 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241399
The DPP appealed against dismissal of a charge under the 1990 Act. The defendant had been involved in a campaign of mail-bombing the complainant’s computer systems with over a half million mails, causing a denial of service. The question was whether it was the defendant or the complainant who determined whether an email would be … Continue reading Director of Public Prosecutions v Lennon: Admn 11 May 2006
ECJ Action for annulment – Regulation (EC) No 1435/2003 – European Cooperative Society (SCE) – Choice of legal basis – Article 95 EC – Article 308 EC. Citations: C-436/03, [2006] EUECJ C-436/03 Links: Bailii Statutes: Regulation (EC) No 1435/2003 Jurisdiction: European European Updated: 06 July 2022; Ref: scu.241364
Judges: Lord Justice Chadwick Lady Justice Arden Lord Justice Sedley Citations: [2006] EWCA Civ 422 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241380
Judges: Lord Justice Laws Citations: [2006] EWCA Civ 480 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241389
Sir John Donaldson MR said: ‘in the context of a situation with serious implications for the conduct of international relations, the courts should act with a high degree of circumspection in the interests of all concerned. It can rarely, if ever, be for judges to intervene where diplomats fear to tread.’ Judges: Sir John Donaldson … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs, ex parte Pirbhai: CA 1985
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents. Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of care. The authority had missed a statutory review. The … Continue reading Pierce v Doncaster Metropolitan Borough Council: QBD 13 Dec 2007
The defendant was accused of a trespass by being in the daytime upon certain land in the possession and occupation of Henry Tappenden, in search of game, without the licence or consent of the owner of the land or of any other person having the right to authorize him, and co, contrary to the statute. … Continue reading Kenyon v Hart: QBD 3 Feb 1865
The employees alleged sex discrimination. As domestics who were mostly women, they were not paid the bonuses which went to porters. In making the claim, they excluded another group, namely caterers who were also mostly female, but also received the bonuses. Held: When setting up the comparator groups, the advantaged groups should not be artificially … Continue reading Cheshire and Wirral Partnership NHS v Abbott and others: CA 4 Apr 2006
Mr Zabrovsky’s son, Arie Ben Eliezer, a Palestinian citizen, was detained under emergency powers regulations. He was issued with an order requiring him to leave Palestine. He was then transported to a military detention camp in Eritrea. At the time, Eritrea was ‘held’ by the British under the control of a Chief Administrator. Proclamation No … Continue reading Zabrovsky v The General Officer Commanding Palestine: PC 4 Dec 1946