ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.The setting of stopped snares was said to have endangered the lives of the otter. Held: … Continue reading Commission v Spain: ECJ 18 May 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
VDT VALUE ADDED TAX – input tax – charity with objectives of conserving natural areas of land – public access to land available – charity also keeping sheep and selling wool and meat, and selling timber from woodland – attribution of input tax – extent of Appellant’s business activities – Commissioners’ approach excessively restrictive – … Continue reading Nottinghamshire Wildlife Trust v Revenue and Customs: VDT 24 Feb 2006
Citations: [2006] UKSIAC 51/2005 Links: Bailii Immigration, Crime Updated: 06 July 2022; Ref: scu.241838
Citations: [2006] UKSIAC 42/2005 Links: Bailii Immigration, Crime Updated: 06 July 2022; Ref: scu.241836
IAT The assessment of an in-country Article 8 claim will normally first require consideration of (i) whether there are insurmountable obstacles to the appellant’s family accompanying him or her abroad and then second, (ii) whether even if there exist such obstacles, there is a viable option of an entry clearance application.The fact that before being … Continue reading FN (Article 8, Removal, Viable Options) Eritrea: IAT 18 Apr 2006
Citations: [2006] UKSIAC 38/2005 Links: Bailii Immigration, Crime Updated: 06 July 2022; Ref: scu.241835
Citations: [2006] UKSIAC 34/2005 Links: Bailii Immigration, Crime Updated: 06 July 2022; Ref: scu.241837
Citations: [2006] EWHC 712 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241734
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
ECJ Social security – National health system funded by the State – Medical expenses incurred in another Member State – Articles 48 EC to 50 EC and 152(5) EC – Article 22 of Regulation (EEC) No 1408/71. Citations: [2006] EUECJ C-372/04 Links: Bailii Statutes: Regulation (EEC) No 1408/71 Jurisdiction: European Health Updated: 06 July 2022; … Continue reading Regina, on the application of Yvonne Watts v Bedford Primary Care Trust, Secretary of State for Health (Freedom To Provide Services): ECJ 16 May 2006
ECJ (Taxation) C-197/03 Sixth VAT Directive – Articles 21(3) and 22(8) – National measures to combat fraud – Joint and several liability for the payment of VAT – Provision of security for VAT payable by another trader. Citations: [2006] EUECJ C-384/04, [2006] 3 CMLR 11 Links: Bailii Jurisdiction: European Cited by: Cited – Total Network … Continue reading Commissioners of Customs and Excise, Attorney General v Federation of Technological Industries and Others: ECJ 11 May 2006
ECJ (Opinion) (Customs Union) Community Customs Code – Arrangements for processing under customs control – Refusal by the national customs authorities of an application for authorisation for processing under customs control – Binding nature of the conclusions of the Customs Code Committee – None – Jurisdiction of the Court to rule on the validity of … Continue reading Friesland Coberco Dairy Foods BV, trading as Friesland Supply Point Ede v Inspecteur van de Belastingdienst/Douane Noord/kantoor Groningen: ECJ 11 May 2006
ECJ (Staff Regulations) Officials – Appointment – Classification in grade – Article 31 (2) of the Staff Regulations Citations: [2006] EUECJ T-331/04 Links: Bailii Jurisdiction: European European Updated: 06 July 2022; Ref: scu.241703
ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. Judges: Stix-Hackl AG Citations: C-340/04, [2006] EUECJ C-340/04, [2006] 3 CMLR 7 Links: Bailii Statutes: Directive 93/36/EEC Jurisdiction: European Cited by: … Continue reading Carbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA: ECJ 11 May 2006
ECJ (Taxation) Failure of a Member State to fulfill obligations – Directive 69/335 / EEC – Articles 10 and 12 – Indirect taxes on the raising of capital – Principles of Community law on recovery of sums unduly paid) Citations: [2006] ECR I-60, [2006] EUECJ C-197/03 Links: Bailii Jurisdiction: European Taxes – Other Updated: 06 … Continue reading Commission v Italy C-197/03: ECJ 11 May 2006
Citations: [2006] EWCA Civ 552 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241693
ECJ Appeal – Community trade mark – Articles 8(1)(b), 15(3) and 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of confusion – Application for Community word mark VITAFRUIT – Opposition by the proprietor of the national word mark VITAFRUT – Genuine use of the earlier trade mark – Proof of consent of the … Continue reading The Sunrider Corp v OHIM: ECJ 11 May 2006
Mr Ockelton: ‘If (despite some material error of law) an issue or matter has been properly and satisfactorily dealt with in the first decision, there is no reason why further time should be spend on it in the reconsideration. Although the Tribunal reconsidering the appeal has all the grounds of appeal before it, it also … Continue reading AH (Scope of S103A Reconsideration) Sudan: IAT 19 Apr 2006
EAT Equal Pay Act Appellants to have membership of the employer’s pension scheme backdated to include earlier periods of part-time employment. Chairman held that the applications were out of time. Was this an error of law? Observations on what constitutes a stable employment relationship. Judges: Elias J P Citations: [2006] UKEAT 0677 – 05 – … Continue reading Jeffery and others v Secretary of State for Education and Another: EAT 17 Mar 2006
The court considered whether a parole review board can exclude the prisoner from part of a hearing and if so on what grounds. Held: The parole board had the required power. Both Rule 19 (2) and 19 (3) gave the panel the power which they exercised. The Board had a responsibility to reconcile as far … Continue reading Gardner, Regina (on the Application Of) v the Parole Board: Admn 21 Dec 2005
Lady Smith discussed the limits of case management powers when it came to persuading the parties to settle: ‘There are, of course, occasions when a judge or tribunal can quite properly explore difficulties that have become apparent from the evidence in a case, prior to the point at which all evidence has been led and … Continue reading Project v Hutt: EAT 6 Apr 2006
Judges: Moses J Citations: [2004] EWHC 1029 (Admin) Links: Bailii Jurisdiction: England and Wales Health Updated: 06 July 2022; Ref: scu.241525
ECJ Environment and Consumers – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Crystal Palace development project – Projects falling within Annex II to Directive 85/337 – Grant of consent comprising more than one stage.The court ruled that ‘Classification of a decision as a ‘development consent’ within the meaning … Continue reading Regina (Barker) v Bromley London Borough Council, First Secretary of State intervening: ECJ 4 May 2006
ECJ Taxation – Sixth VAT Directive – Article 13B(d)(6) – Management of special investment funds – Exemption – Meaning of -management – Functions of a depositary – Delegation of administrative management function. Citations: Times 06-Jun-2006, [2006] EUECJ C-169/04 Links: Bailii European, VAT Updated: 06 July 2022; Ref: scu.241474
Citations: [2006] EWCA Civ 481 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 July 2022; Ref: scu.241378
ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006
Ms Richards, previously a married male, had undergone gender re-assignment surgery. She remained married thereafter. Ms Richards applied to the DWP for a pension from the age of 60. That was refused by the Secretary of State for the Department of Work and Pensions (‘SSWP’), so Ms Richards appealed to a Social Security Commissioner. In … Continue reading Richards v Secretary of State for Work and Pensions (Social Policy): ECJ 27 Apr 2006
IAT Prior to the Secretary of State’s decision and without notification to him, the Appellant changed her course of studies from that in respect of which the application had been made (paragraph 57(ii)(b) of HC 395 as amended) to one referable to paragraph 57(ii)(a )thereof. Held: (1) the nature of the change was such that … Continue reading TB (Student Application, Variation of Course, Effect) Jamaica: IAT 6 Apr 2006
A person acting in loco parentis is ‘in the situation of the person described as the lawful father of the child’ Judges: Lord Eldon Citations: (1811) 18 Ves p 154 Jurisdiction: England and Wales Cited by: Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others … Continue reading Ex Parte Pye: 1811
A certificate had been granted by the Home Secretary that the applicant was suspected of terrorism, and he had accordingly been detained under special procedures. When his case had come before the Special Immigration Appeal Tribunal, they had granted him bail. The HS appealed. Held: The Court of Appeal’s jurisdiction was purely statutory. No statutory … Continue reading G v Secretary of State for the Home Department (Interim Decision): CA 9 Mar 2004
(1) OISC organisations are only able to carry out judicial review case management with counsel authorised to conduct litigation if the organisations are both level 3 registered and have special authorisation to do this work. (2) It is a commonplace of working in the difficult area of immigration and asylum judicial review, that practitioners are … Continue reading Hoxha and Others, Regina (on The Application of) v Secretary of State for The Home Department (Representatives: Professional Duties): UTIAC 4 Mar 2019
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 35237/14, [2019] ECHR 382 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637724
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 56224/10, [2019] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637687
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: 72022/01 Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.186224
ECHR Judgment : Violation de l’article 5 – Droit de la liberte et de la arrete : Second Section Citations: 70098/12, [2022] ECHR 397 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.678306
The defendants appealed their convictions for rape of a girl under 13. Held: The appeals were dismissed, but the sentences were reduced to conditional discharges. Judges: Lord Phillips CJ Citations: [2006] EWCA Crim 821, [2006] 1 WLR 2052 Links: Bailii Statutes: Sexual Offences Act 2003 5 Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading G and R v Secretary of State for the Home Department: CACD 12 Apr 2006
Judges: Sir Frances Ferris Citations: [2006] EWHC 832 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 05 July 2022; Ref: scu.240439
The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of … Continue reading Secretary of State for the Home Department v Hicks: CA 12 Apr 2006
Where an asylum applicant could return voluntarily to his country of origin without there being any threat of persecution, there was nothing to base a claim that he was a refugee. Citations: Times 17-Apr-2006, [2006] EWCA Civ 401, [2007] 2 All ER 160 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – SK, Regina … Continue reading AA v Secretary of State for the Home Department; LK v Secretary of State for the Home Department: CA 12 Apr 2006
A male Turkish national and a female French national, living together in Istanbul, complained of delays in obtaining a certificate of capacity to marry under French law. The issue as to the obtaining of a certificate related to (alleged) concerns about the prospective wife’s mental capacity to marry, under section 175 of the French Civil … Continue reading Sanders v France: ECHR 1996
Both claimants sought asylum. Their claims were rejected. They had made representations that they had ‘fresh claims’ in 2001, 2003 and March 2004 but on 10 October 2004, the Secretary of State gave instructions to an airline that the claimants were to be removed at 7.40 am on 12 October 2004. The claimants were not … Continue reading Karas and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Apr 2006
EAT Tribunal found (i) no transfer of undertaking between employer A, owned by B, and employer C owned by C and in part by B’s wife and (ii) employer A was not a stable economic entity. The appeal was based on alleged misdirection – which we did not accept – and, for the most part, … Continue reading Thomas and others v On Reflection Ltd and others: EAT 1 Feb 2006
SCIT PROCEEDS OF CRIME – General Revenue function – Assessment to tax by Director – Whether Special Commissioners have the power to allow appeal on basis that qualifying conditions for exercise of Director’s Revenue functions are not satisfied – Yes – Whether article 6 ECHR applies to Director’s tax assessment – No – Whether retrospective … Continue reading Khan v Assets Recovery Agency: SCIT 23 Feb 2006
EAT Practice and Procedure – Striking-out/dismissal. – The parents of a child at a nursery where the claimant was employed complained to the respondent, the claimant’s employer, that she had struck their child. They and their child were interviewed by the respondent’s solicitor who promised to preserve their anonymity. He provided a report to the … Continue reading Fairmile Kindergarten v MacDonald: EAT 20 Jan 2006
EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006
EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now appealed against a finding that any disclosures were not made in good faith and were not qualifying disclosures. Though his dismissal had … Continue reading Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006
The claimant received an email from his employers and resigned claiming unfair dismissal saying that it was repudiatory. The employers objected to the admission of the email into evidence saying that it was marked without prejudice and subject to contract. The claimant appealed. Held: The email should have been admitted: ‘If the attachment did no … Continue reading Jamie v Management Solution Partners Ltd: EAT 31 Jan 2006
ECJ Investigation by the European Anti-Fraud Office (OLAF) concerning the management and funding of the Institute for European-Latin American Relations (IRELA) – Potential conflict of interest on the part of an investigator – Removal from the investigating body – Impact on the conduct of the investigation and the content of the report of the investigation … Continue reading Grau v Commission (Staff Regulations) French Text: ECFI 6 Apr 2006
ECJ Appeals – Agreements, decisions and concerted practices – Article 81 EC – Regulations (EEC) No 123/85 and (EC) No 1475/95 – Distribution of Opel motor vehicles – Partitioning of the market – Restrictions on exports – Restrictive bonus policy – Fine – Guidelines for the calculation of fines. Citations: C-551/03, [2006] EUECJ C-551/03 Links: … Continue reading General Motors Nederland and Opel Nederland v Commission (Competition): ECJ 6 Apr 2006
ECJ Preliminary references – Sixth VAT Directive – Article 8(1)(a) and (b), the first paragraph of Article 28a(1)(a), Article 28b(A)(1) and the first paragraph of Article 28cA)(a) – Intra-Community dispatch or transport of goods – Supplies – Intra-Community acquisition of goods – Chain transactions – Place of transaction. Citations: C-245/04, [2006] EUECJ C-245/04 Links: Bailii … Continue reading Emag Handel Eder (Taxation): ECJ 6 Apr 2006
The Canadian Government asked for the arrest of the defendant and for his return to Canada to face 78 allegations in Canada. The magistrate had determined that there was sufficient evidence in 66 cases. The detainee said that 69 offences were not ‘relevant offences’ within the Act. Held: The allegations did not disclose relevant offences, … Continue reading Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989
The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give evidence. The magistrates retired and came back to convict him, but saying that they had seen his antecedents, which had … Continue reading Murchison v Southend Magistrates’ Court: Admn 24 Jan 2006
ECJ Community trade mark – Opposition proceedings – Earlier international word mark ECHINACIN – Application for the Community word mark ECHINAID – Absolute ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-202/04, [2006] EUECJ T-202/04 Links: Bailii Jurisdiction: European European, Intellectual Property Updated: 05 July 2022; Ref: scu.240079
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
Judges: Mr Justice Newman Lady Justice Smith DBE Citations: [2006] EWHC 248 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 05 July 2022; Ref: scu.239952
The courts of Bulgaria had decided that, on a winding-up petition, the question of the company’s insolvency was determined by a decision of the Central Bank of Bulgaria to revoke the company’s banking licence because it was insolvent. It had been held by the Bulgarian Supreme Court that the Central Bank’s decision to that effect … Continue reading Capital Bank Ad v Bulgaria: ECHR 24 Nov 2005
The former husband appealed an order for his committal to prison on a judgment summons in default of clearing arrears of maintenance payments. He said that the proceedings were criminal in nature and offended his rights to a fair trial under the Convention, in that evidence had been taken at less than criminal standards. Held: … Continue reading Rundell v Rundell: CA 14 Dec 2005
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005
The company sought to say that loans of 15 million pounds were void under s151 of the 1985 Act. It was said that the loans infringed the provisions of s151 being unlawful financial assistance. Held: The loans were valid: ‘if it is lawful for a company to repay its own indebtedness and there is a … Continue reading Anglo Petroleum Ltd v TFB (Mortgages) Ltd: ChD 24 Feb 2006
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour. Held: In this case most of the evidence at issue was that of expert witnesses, and the court might therefore be more … Continue reading Whitehouse v Jordan: HL 17 Dec 1980
Of two brothers, one sought to remain here to protect the other (a refugee settled here) from the consequences of his florid schizophrenia. Held: The appeal was allowed. The brother settled here had brought contingent separate proceedings in case they proved necessary. Citations: [2005] EWCA Civ 1721 Links: Bailii Statutes: Immigration and Asylum Act 1999 … Continue reading Ahmadi and Another, Regina (on the Application of) v Secretary of State for the Home Department: CA 12 Dec 2005
The claimant sought interest on an overpayment of Advance Corporation Tax. The tax itself had been paid late, and the Collector claimed a set off. Held: The claim to DTR could not be described as an attempt at self-help. It had a statutory claim to DTR which was eventually conceded in its entirety. The appeal … Continue reading Burton (Collector of Taxes) v Mellham Ltd: HL 15 Feb 2006
The appellant contended that the country guidance for Eritrea to which he was to be returned, was out of date and inaccurate. Held: Such a complaint could only be accepted where the country guidance appeared to be up to date, if supported by fresh and additional evidence such as might undermine the country guidance. Judges: … Continue reading Ariaya v Secretary of State for the Home Department: CA 8 Feb 2006
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005
The defendant had made a part 36 offer of settlement. The claimant did not accept it, but then tried to accept it after the trial had begun. Held: The risks of litigation were such that situations would often alter when a case came on for trial. It was implied in a part 36 offer that … Continue reading Hawley v Luminar Leisure Plc Ase Security Services Limited, Mann: CA 1 Feb 2006
Citations: [1996] UKSSCSC CA – 60 – 1993 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Steane and Another v Chief Adjudication Officer and Another CA 19-Dec-1995 Attendance allowance could be granted to a care resident who didn’t apply via the Local Authority Social Services department.Attendance allowance payable to elderly person on transfer … Continue reading Chief Adjudication Officer and Another v Steane and Another: SSCS 24 Jul 1996
The applicants requested the magistrates court to issue summonses for a private prosecution on two allegations of perjury. The request was dealt with by the Justices’ Clerk, who refused it. He asked the other Justices to reconsider the request, and they refused. Held: The consideration by the clerk was as by a Magistrate, and therefore … Continue reading Regina v Worthing Justices, ex parte Norvell: QBD 1981
The court considered the approach to be taken where a court having sent to the parties a draft judgment, he received from counsel a request for clarification of a paragraph in it. Judges: Bean, King, Singh LJJ Citations: [2019] EWCA Civ 898, [2019] WLR(D) 311 Links: Bailii, WLRD Jurisdiction: England and Wales Children, Litigation Practice … Continue reading In re I (Children): CA 24 May 2019
National Minimum Wage During the open season of the caravan park the Claimants (who were a warden/receptionist team) were on call from evening to morning on either two or three nights each week. The Employment Judge found that during the evening until 10.00pm, when they were on call but not paid, they were working on … Continue reading Frudd and Another v The Partington Group Ltd: EAT 11 Feb 2019
Superior and Vassal – Irritancy – Railway – Private Right to Stop TrainsThe proprietor of land through which a railway was formed feued to the railway company at a nominal feuduty land on which the company undertook to erect and maintain ‘a station for passengers and goods travelling by the . . railway, at which … Continue reading Sir Robert Burnett, Bart v The Great North of Scotland Railway Co: HL 24 Feb 1885
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 16503/14, [2022] ECHR 392, [2022] ECHR 400 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.678143
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Citations: 49158/99 Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.198555
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; No violation of Art. 6-1 ; Just satisfaction reserved Citations: 44925/98, [2004] ECHR 245, [2005] ECHR 106, [2004] ECHR 245, [2005] ECHR 106, [2009] ECHR 1056 Links: Worldlii, Worldlii, Bailii, Bailii, Bailii Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.198003
ECHR Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; Violation of Art. 13 ; No violation of Art. 14 ; Not necessary to examine Art. 34 (former Art. 25) ; … Continue reading Nuray Sen v Turkey (No. 2): ECHR 30 Mar 2004
Council’s Response To Report On National Planning Framework (NPF3) – On 5 September 2014, Mr Chapman asked East Lothian Council (the Council) for information pertaining to the formulation of specific parts of the Council’s formal response to a report on the National Planning Framework (NPF3). The Council provided Mr Chapman with some information. Following a … Continue reading Chapman and East Lothian Council: SIC 24 Jun 2015
ECJ Judgment – Failure of a Member State to fulfil obligations – Value added tax – Sixth Directive 77/388/EEC – Directive 2006/112/EC – Articles 132(1)(a) and 135(1)(h) – Exemptions – Public postal services – Postage stamps – Directive 97/67/CE Citations: C-114/14, [2015] EUECJ C-114/14, ECLI:EU:C:2015:249 Links: Bailii Jurisdiction: European VAT Updated: 04 July 2022; Ref: … Continue reading Commission v Sweden: ECJ 21 Apr 2015
ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 2008/1 / EC – Integrated Pollution Prevention and Control – Existing Installation – Authorisation procedure – -Stop Pending proceedings of the Court establishing the existence of a failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum – Penalty payment … Continue reading Commission v Sweden: ECJ 4 Dec 2014
Parties challenged the legality of a levy imposed by the defendant for the purposes of supporting the sea food industry. They said that a levy imposed on fish products imported to the UK was beyond the powers given by the 1981 Act, and was contrary to EU law. Held: The challenge was dismissed as to … Continue reading Bloomsbury International Ltd and Others v Sea Fish Industry Authority and Another: QBD 24 Jul 2009
A testator writing out his own will can make a clerical error just as much as someone else writing out a will for him. ‘In passing, I note that there is no claim for rectification in the present case. It was suggested in the course of argument that s20 could not apply to a home-made … Continue reading Re Williams Deceased, Wiles v Madgin: ChD 1985
VDT SECURITY – Notice of requirement – Appellant’s quarterly returns outstanding – Appellant’s outstanding debt due to Commissioners – Associated company deregistered owing amount to Commissioners – Whether requirement reasonable – Yes – Appeal dismissed Citations: [2005] UKVAT V19303 Links: Bailii Jurisdiction: England and Wales VAT Updated: 04 July 2022; Ref: scu.238000
VDT VALUE ADDED TAX – preliminary issue – input tax – supplies of credit made by the Appellant to customers who exported goods outside the member states – whether there was a difference in meaning between the words ‘goods to be exported’ which appeared in the Sixth Directive and the words ‘the export of goods’ … Continue reading Barclays Bank Plc v Revenue and Customs: VDT 24 Oct 2005
EAT Practice and Procedure: Appearance/Response, Review and Appellate Jurisdiction/Burns-Barke When a Respondent has been debarred from taking part in proceedings under ET Rule 9, he may request Reasons from the ET for the purpose of an application for review, but not for any other purpose (and, consequently, at least pending any legislative change to Rule … Continue reading NSM Music Ltd v J H Leefe: EAT 14 Dec 2005
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006
ECJ Sixth VAT Directive – Article 13(B)(b) and (C)(a) – Exemption of leasing and letting of immovable property – Right of option in favour of taxable persons – Non-profit-making sports clubs – Conditions Citations: [2006] ECR I-589, [2006] EUECJ C-246/04, [2006] STI 164, [2006] STC 1506 Links: Bailii Jurisdiction: European VAT Updated: 04 July 2022; … Continue reading Turn-und Sportunion Waldburg v Finanzlandesdirektion fur Oberosterreich: ECJ 12 Jan 2006
ECJ Directive 70/458/EEC – Marketing of vegetable seed – Article 2 – Directive 92/33/EEC – Marketing of vegetable propagating and planting material other than seed – Annex II – Common catalogue of varieties of vegetable species – National legislation permitting only varieties of shallots produced by vegetative propagation to be marketed as ‘shallots’ – Article … Continue reading De Groot En Slot Allium and Bejo Zaden: ECJ 10 Jan 2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – Interpretation of Article 234 EC Judges: V Skouris, P Citations: C-344/04, [2006] EUECJ C-344/04, Times 16-Jan-2006, [2006] ECR … Continue reading Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad. Held: The claimant was deemed to have had knowledge of the change in regulations and could not make a retrospective claim: ‘the orthodox position is that … Continue reading Walker-Fox v Secretary of State for Work and Pensions: CA 29 Nov 2005
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses – claim rejected Citations: 52478/99, [2004] ECHR 188 Links: Worldlii Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.196498
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Violation of Art. 6-3-b and 6-3-c; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings. Citations: 24430/94, [2002] ECHR 12 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; … Continue reading Lanz v Austria: ECHR 31 Jan 2002
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory. Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the … Continue reading Wilson v Wychavon District Council and Another: Admn 20 Dec 2005
The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family assets. Held: Asking what would be the approach of an English court, a request would not be met … Continue reading Charman v Charman: CA 20 Dec 2005
LT RATING – hereditament – telecommunications system consisting of ratepayer’s ‘own-build’ sections and optical fibres belonging to other operators and contained in cables of those other operators – contractual arrangements for use by ratepayer of these fibres – whether ratepayer in occupation of fibres – whether fibres part of ratepayer’s hereditament – held ratepayer in … Continue reading Valuation Officer v Vtesse Networks Ltd: LT 24 Nov 2005
The defendants had suggested three doctors to examine the claimant. The claimants suggested a Dr P to prepare a report, but when asked for his CV instructed him anyway. The defendant’s unqualified motor examiner said the accident had occurred at less than a speed sufficient to cause injury. The doctor described whiplash. The defendants wished … Continue reading Kearsley v Klarfeld: CA 6 Dec 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful. Held: … Continue reading Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
ECJ Failure of a Member State to fulfil obligations – Free movement of agricultural products – Directive 89/662/EEC – Article 5 – Veterinary checks in the Member State of destination of the goods – National system of prior notification imposed on importers of certain products of animal origin from other Member States. Citations: C-111/03, [2005] … Continue reading Commission v Sweden: ECJ 20 Oct 2005
The defendant stevedores, engaged by the carrier, negligently damaged a drum containing chemicals. When the cargo-owners sued in tort, the stevedores unsuccessfully attempted to rely on a limitation clause contained in the bill of lading between the carriers and the cargo-owners. Held: The House was not prepared to hold that the principle of vicarious immunity … Continue reading Midland Silicones Ltd v Scruttons Ltd: HL 6 Dec 1961
Hudoc Preliminary objection dismissed (estoppel) ; No violation of Art. 5-5 Citations: 24952/94 Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.178690