Search Results for: Art 24 EC

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Secretary of State for Trade and Industry v Griffiths; Conway and Wassell; In Re Westmid Packing Services Ltd: CA 16 Dec 1997

Guidance given on what evidence should be admitted to affect the length of disqualification and conditions of Director’s disqualification.A director’s duty to exercise his powers in the best interests of the company and to recognise the separate legal character of the company are essential attributes of fitness to be concerned in the management of a … Continue reading Secretary of State for Trade and Industry v Griffiths; Conway and Wassell; In Re Westmid Packing Services Ltd: CA 16 Dec 1997

Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

A domiciled Scotsman died leaving a trust-disposition and settlement executed in Scottish form disposing of his personal property, which was of great amount, and was situated in Scotland, except about one-sixteenth which was in England. He appointed six trustees and executors, all Scotsmen, and four of whom were domiciled in Scotland and two in England. … Continue reading Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

Pricewaterhousecoopers Llp v Carmichael: ComC 15 Mar 2019

Application by the Pw for an order restraining the defendant from breaching clause 13.10 of the PwC LLP members’ agreement. The application as issued originally sought injunctions restraining breach of various other post-termination restraints within part 13 of the MA, but those elements of the application have been compromised. Citations: [2019] EWHC 824 (Comm) Links: … Continue reading Pricewaterhousecoopers Llp v Carmichael: ComC 15 Mar 2019

Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

Grongaard and Bang (Approximation Of Laws): ECJ 22 Nov 2005

ECJ Grand Chamber – Directive 89/592/EEC – Insider dealing – Disclosure of inside information to third parties – Prohibition. Judges: V. Skouris, P Citations: C-384/02, [2005] EUECJ C-384/02, [2005] ECR I-9939, [2006] CEC 241, [2006] 1 CMLR 30, [2006] IRLR 214 Links: Bailii Statutes: Directive 89/592/EEC European, Financial Services Updated: 04 July 2022; Ref: scu.235247

Soffass v OHMI-Sodipan (Nicky): ECFI 23 Nov 2005

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark containing the verbal element -‘NICKY’ – Earlier national figurative marks containing the verbal element – ‘NOKY’ – Rejection of opposition for absence of likelihood of confusion – Annulled by the Board of Appeal – Remittal to the Opposition Division to examine whether … Continue reading Soffass v OHMI-Sodipan (Nicky): ECFI 23 Nov 2005

Biofarma v OHMI – Bausch and Lomb Pharmaceuticals (Alrex): ECFI 17 Nov 2005

ECJ Community trade mark – Opposition proceedings – Earlier national word mark ARTEX – Application for Community word mark ALREX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-154/03, [2005] EUECJ T-154/03 Links: Bailii Statutes: Regulation (EC) No 40/94 European, Intellectual Property Updated: 04 July … Continue reading Biofarma v OHMI – Bausch and Lomb Pharmaceuticals (Alrex): ECFI 17 Nov 2005

Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005

The defendant bank arrested a ship carrying the claimant’s load of bananas. The cargo deteriorated while under arrest and was lost. It was not insured. The consignee sought damages from the arresting bank on the ground that it wrongfully interfered with the performance of the bill of lading contracts. Held: The applicable law was that … Continue reading Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005

Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another: ChD 10 Nov 2005

The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the patent in a timely fashion meant that they had been unable to … Continue reading Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another: ChD 10 Nov 2005

Levob Verzekeringen and Ov Bank v Staatssecretaris van Financien: ECJ 27 Oct 2005

ECJ Sixth VAT Directive – Articles 2, 5, 6 and 9 – Transfer of software recorded on a carrier – Subsequent customisation of the software to the purchaser-?s specific requirements – Single taxable supply – Supply of services – Place of supply. Judges: Jann P Citations: C-41/04, [2005] EUECJ C-41/04, [2006] 2 CMLR 8, [2006] … Continue reading Levob Verzekeringen and Ov Bank v Staatssecretaris van Financien: ECJ 27 Oct 2005

Petroleo Brasileiro SA and Another v Petromec Inc and others: ComC 3 Nov 2005

Judges: Moore-Bick LJ Citations: [2005] EWHC 2430 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003 . . See Also – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E … Continue reading Petroleo Brasileiro SA and Another v Petromec Inc and others: ComC 3 Nov 2005

Staatssecretaris van Financien v Verkooijen: ECJ 6 Jun 2000

A resident of the Netherlands owned shares in a company resident in Belgium and received dividends on those shares. If the dividends had been paid by a company resident in the Netherlands their treatment for income tax in his hands would have been more beneficial, because a limited exemption from income tax applied to dividends … Continue reading Staatssecretaris van Financien v Verkooijen: ECJ 6 Jun 2000

Vasilyev v Russia: ECHR 13 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award. Citations: 66543/01, [2005] ECHR 727 Links: Worldlii, Bailii Human Rights Updated: 04 July 2022; Ref: scu.231424

Gerasimova v Russia: ECHR 13 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award. Citations: 24669/02, [2005] ECHR 720 Links: Worldlii, Bailii Human Rights Updated: 04 July 2022; Ref: scu.231425

Tajik Aluminium Plant (Tadaz) v Hydro Aluminium As and others: CA 24 Oct 2005

Application for leave to appeal against refusal to grant witness orders to attend arbitration. The respondent had argued that the request was too vague and broad. Held: Moore-Bick LJ said: ‘In order to answer the question raised in this case I think it is necessary to return to first principles with such assistance as may … Continue reading Tajik Aluminium Plant (Tadaz) v Hydro Aluminium As and others: CA 24 Oct 2005

Mogos v Romania: ECHR 13 Oct 2005

ECHR Judgment (Merits) – Preliminary objection rejected (non-exhaustion); No violation of Art. 3 concerning the incident with the police; No violation of Art. 3 concerning the living conditions in the transit centre; No failure to comply with obligations under Art. 34. Citations: 20420/02, [2005] ECHR 724 Links: Worldliii, Bailii Jurisdiction: Human Rights Human Rights Updated: … Continue reading Mogos v Romania: ECHR 13 Oct 2005

Lloyds TSB Private Banking Plc (personal representative of Rosemary Antrobus deceased) v Inland Revenue (Capital Taxes); Re Cookhill Priory (No 2): LT 10 Oct 2005

LT TAX – Inheritance Tax – agricultural property relief – agricultural value – agricultural property – farmhouses – whether house occupied by ‘lifestyle’ farmer could be farmhouse – held bid of such person could not represent agricultural value – Inheritance Tax Act 1984 s 115(2) and (3)George Bartlett QC : ‘a farmhouse for the purposes … Continue reading Lloyds TSB Private Banking Plc (personal representative of Rosemary Antrobus deceased) v Inland Revenue (Capital Taxes); Re Cookhill Priory (No 2): LT 10 Oct 2005

Commission v Portugal: ECJ 20 Oct 2005

ECJ Failure of a Member State to fulfil obligations – Directive 90/388/EEC – Telecommunications – Article 4D – Rights of way – Lack of a guarantee of non-discrimination in the grant of rights of way – Non-transposition. Judges: P. Jann, P Citations: C-334/03, [2005] EUECJ C-334/03 Links: Bailii Statutes: Directive 90/388/EEC 4D European, Media Updated: … Continue reading Commission v Portugal: ECJ 20 Oct 2005

Class International v Colgate Palmolive: ECJ 18 Oct 2005

ECJ Trade marks – Directive 89/104/EEC – Regulation (EC) No 40/94 – Rights conferred by the trade mark – Use of the mark in the course of trade – Importation of original goods into the Community – Goods placed under the external transit procedure or the customs warehousing procedure – Opposition of the trade mark … Continue reading Class International v Colgate Palmolive: ECJ 18 Oct 2005

Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may make.’Lord Kingsdown said: ‘The transactions of independent states between each other are governed by other … Continue reading Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

Kadi v Council and Commission: ECFI 21 Sep 2005

ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Competence of the Community – Freezing of funds – Fundamental rights – Jus cogens – Review by the Court – Action for annulment.Mr Kadi … Continue reading Kadi v Council and Commission: ECFI 21 Sep 2005

Jedamski And Jedamska v Poland: ECHR 26 Jul 2005

ECHR 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: 73547/01, [2005] ECHR 538 Links: Worldlii, Bailii Human Rights Updated: 03 July 2022; Ref: scu.229824

Regina v HM Coroner for Portsmouth Ex parte Keene (John): QBD 1989

The applicant challenged the coroner’s conduct of the inquest saying it had been carried out in a perfunctory manner. Held: Even though the coroner was aware of information tending to a particular verdict, the inquest should be carried out properly. The coroner had not done this, but no doubt had been cast on the verdict … Continue reading Regina v HM Coroner for Portsmouth Ex parte Keene (John): QBD 1989

Regina v Lancashire County Council ex parte Huddleston: CA 1986

The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into consideration for the purpose. Held: When a challenge is made in court to … Continue reading Regina v Lancashire County Council ex parte Huddleston: CA 1986

Singh v Bracknell Forest Borough Council (Formerly the Royal County of Berkshire) and Special Educational Needs Tribunal: Admn 24 Jul 1998

Gilliatt Parents of a child with autism appealed against the refusal of the LEA to nominate the school of their choice which was sympathetic to the Lovaas approach to the education of autistic children. On an examination of the tribunal’s reasoning, the court held that the tribunal could not be criticised. They had carried out … Continue reading Singh v Bracknell Forest Borough Council (Formerly the Royal County of Berkshire) and Special Educational Needs Tribunal: Admn 24 Jul 1998

Varhan v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 2433/12, [2018] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628758

Strogov And Kirichenko v Russia: ECHR 24 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 43387/09, [2022] ECHR 390, [2022] ECHR 398 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Strogov And Kirichenko v Russia: ECHR 24 May 2022

Geologistics v Commission: ECFI 27 Sep 2005

ECJ Customs Union – External Community transit operations – Meat destined for Morocco – Fraud – Application for remission of import duties – Article 239 of Regulation (EEC) No 2913/92 – Article 905 of Regulation (EEC) No 2454/93 – Fairness clause – Special situation – No deception or obvious negligence. Citations: T-26/03, [2005] EUECJ T-26/03 … Continue reading Geologistics v Commission: ECFI 27 Sep 2005

Common Market Fertilizers v Commission: ECFI 27 Sep 2005

ECJ Remission of import – Article 1, paragraph 3 of Regulation (EC) No 3319/94 – Direct Billing, the importer – group of experts, within the meaning of -Article 907 of Regulation (EEC) No 2454/93 – Rights of the defense – Obvious negligence, within the meaning of Article-239 of Regulation (EEC) No 2913/92 – Obligation to … Continue reading Common Market Fertilizers v Commission: ECFI 27 Sep 2005

Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

The defendant appealed conviction involving allegations that he was driving. He was sat at the wheel of a vehicle being towed by means of a rigid steel bar. He denied that he was driving, but had both steered and braked. Held: The magistrates had been entitled to find that he had been driving, having had … Continue reading Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

Alliance For Natural Health and Another, Regina (On The Application of) v Secretary Of State For Health and Anor (Approximation Of Laws): ECJ 12 Jul 2005

ECJ Approximation of laws – Food supplements – Directive 2002/46/EC – Prohibition on trade in products not complying with the directive – Validity – Legal basis – Article 95 EC – Articles 28 EC and 30 EC – Regulation (EC) No 3285/94 – Principles of subsidiarity, proportionality and equal treatment – Right to property – … Continue reading Alliance For Natural Health and Another, Regina (On The Application of) v Secretary Of State For Health and Anor (Approximation Of Laws): ECJ 12 Jul 2005

J v Crown Prosecution Service: CA 24 Jun 2005

The defendant had been made subject to a criminal restraint order so as to preserve his assets pending the outcome of criminal proceedings. He complained that the order affected property which was not his. Held: Such an order could cover property which he had obtained for the benefit of somebody else. What was required was … Continue reading J v Crown Prosecution Service: CA 24 Jun 2005

Kusiak v Poland: ECHR 21 Sep 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 50424/99, [2004] ECHR 427 Links: Worldlii, Bailii Human Rights Updated: 01 July 2022; Ref: scu.227839

Molin Insaat v Turkey: ECHR 11 Jan 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine P1-1; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 38424/97, [2005] ECHR 4 Links: worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227667

Sciacca v Italy: ECHR 11 Jan 2005

The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal offences. It was a ‘vertical’ application of Article 8. Revenue police compiled a … Continue reading Sciacca v Italy: ECHR 11 Jan 2005

Fehr v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to impartiality and under Art. 6-2; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 19247/02, [2005] … Continue reading Fehr v Austria: ECHR 3 Feb 2005

Kolasinski v Poland: ECHR 1 Feb 2005

ECHR 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: 46243/99, [2005] ECHR 48 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227595

Birnleitner v Austria: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings. Citations: 45203/99, [2005] ECHR 124 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227570

Stift v Belgium: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-3-c; Violation of Art. 6-1; Not necessary to examine Art. 6-3-d; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 46848/99, [2005] ECHR 140 Links: Worldlii, Bailii … Continue reading Stift v Belgium: ECHR 24 Feb 2005

Poznakhirina v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. Citations: 25964/02, [2005] ECHR 139 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227577

Wimmer v Germany: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings. Citations: 60534/00, [2005] ECHR 142 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227569

Koltsov v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Non-pecuniary damage – financial award; Costs and expenses – claim rejected. Citations: 41304/02, [2005] ECHR 133 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227573

Gasan v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Non-pecuniary damage – financial award; Costs and expenses – claim rejected. Citations: 43402/02, [2005] ECHR 127 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.227574

Jankauskas v Lithuania: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 59304/00, [2005] ECHR 130 Links: Worldlii, Bailii Jurisdiction: Human Rights … Continue reading Jankauskas v Lithuania: ECHR 24 Feb 2005

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Selauk and Asker v Turkey: ECHR 24 Apr 1998

ECHR Judgment (Merits and just satisfaction) – Preliminary objection rejected; Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 5-1; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Pecuniary damage … Continue reading Selauk and Asker v Turkey: ECHR 24 Apr 1998

Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

ECHR Judgment (Just Satisfaction) – Costs and expenses award – Convention proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient. Citations: [1991] ECHR 27, 12245/86, 12244/86, 12383/86 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990 The … Continue reading Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

Starred Gomez (Non-State Actors: Acero-Garces Disapproved) (Colombia): IAT 24 Nov 2000

Dr Storey said: ‘It will always be necessary to examine whether or not the normal lines of political and administrative responsibility have become distorted by history and events in that particular country. This perception also explains why refugee law has come to recognise that in certain circumstances ‘neutrality’ can constitute a political opinion. In certain … Continue reading Starred Gomez (Non-State Actors: Acero-Garces Disapproved) (Colombia): IAT 24 Nov 2000

Saik v Regina: CACD 24 Nov 2004

The defendant appealed his conviction for conspiracy to launder the proeeds of crime. He had tendered the plea on the basis that he had only suspected and not known that the funds were the proceeds of crime. Whether to allow a defendant to withdraw a plea: ‘For an appeal against conviction to succeed on the … Continue reading Saik v Regina: CACD 24 Nov 2004

Walker, Re Solicitor’s Act 1974, No 13 of 2001: CA 24 Oct 2001

Appeal from the decision of the Appeals Committee of the Office for the Supervision of Solicitors imposing a condition on the Practising Certificate for the year 2000/2001, whereby he is required to practise in an approved partnership. Citations: [2001] EWCA Civ 1596 Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 01 July 2022; Ref: … Continue reading Walker, Re Solicitor’s Act 1974, No 13 of 2001: CA 24 Oct 2001

Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002

The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was brought in and again for the issue of a new legal aid order. … Continue reading Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002

Home Office (Decision Notice): ICO 24 Nov 2005

The complainant wrote to the Home Office on 9/3/05 to request a copy of a particular review. The Home Office sent acknowledgement letters on 23/3/05 and 16/5/05, however, they failed within the statutory 20 working day limit to; confirm or deny whether the specified information was held, communicate the specified information and/or issue a notice … Continue reading Home Office (Decision Notice): ICO 24 Nov 2005

National Archives (Decision Notice): ICO 17 Oct 2006

The complainant originally made the following request: ‘I would wish to apply under freedom of information for any information in the areas and on the grounds as set out in the attached letter to Buckingham Palace held by the National archives in relation to the Princess Margaret Townsend affair, and or any illegitimate child born … Continue reading National Archives (Decision Notice): ICO 17 Oct 2006

Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

Yule v South Lanarkshire Council for Judicial Review of A Decision of South Lanarkshire Council: SCS 15 Aug 2000

Judges: Lord Cameron of Lochbroom and Lord Osborne and Lord Reed Citations: [2000] ScotCS 227, [2000] SLT 1249 Links: Bailii Jurisdiction: Scotland Cited by: Applied – Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another QBD 30-Nov-2001 The Council had provided financial assistance for the care of … Continue reading Yule v South Lanarkshire Council for Judicial Review of A Decision of South Lanarkshire Council: SCS 15 Aug 2000

Preobrazheniye Rossii And Others v Russia: ECHR 24 May 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 78607/11, [2022] ECHR 391, [2022] ECHR 399 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Preobrazheniye Rossii And Others v Russia: ECHR 24 May 2022

Finland: ECHR 3 Dec 1996

(Commission) An employee of the Finnish State Railways was dismissed for failing to respect his working hours on the basis that to work after sunset on a Friday was forbidden by the Seventh Day Adventist Church, of which he was a member. Held: Although his refusal was motivated by religious convictions, such a situation did … Continue reading Finland: ECHR 3 Dec 1996

Merit v Ukraine: ECHR 30 Mar 2004

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 6-1 ; Violation of Art. 13 ; Inadmissible under Arts. 5, 6-2, 6-3, P1-1 and P7-4 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 66561/01, [2004] ECHR … Continue reading Merit v Ukraine: ECHR 30 Mar 2004

Secretary of State for the Environment, Food and Rural Affairs, The Pesticides Safety Directorate v Crop Protection Association UK Limited: CA 9 Nov 2001

Appeal by DEFRA against an order declaring unlawful part of the control arrangements operated by the PSD with regard to the parallel import of plant protection products. Judges: Lord Justice Simon Brown, Lord Justice Mantell, And, Lord Justice Latham Citations: [2001] EWCA Civ 1656, [2002] Eu LR 24, [2002] 1 CMLR 8 Links: Bailii Jurisdiction: … Continue reading Secretary of State for the Environment, Food and Rural Affairs, The Pesticides Safety Directorate v Crop Protection Association UK Limited: CA 9 Nov 2001

Mt v Ukraine: ECHR 19 Mar 2019

ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 950/17, [2019] ECHR 217 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.636024

Malmesbury and Others v Strutt and Parker (A Partnership): QBD 18 Mar 2008

Citations: [2008] EWHC 424 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004 The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. … Continue reading Malmesbury and Others v Strutt and Parker (A Partnership): QBD 18 Mar 2008

Titchener v British Railways Board: HL 24 Nov 1983

A 15 year old was hit by a train as she crossed a railway line. She said the defender had not maintained a fence separating the street from the railway. The defenders knew that people went through the gaps walked across. She had crossed several times, knowing the danger and had looked out, but not … Continue reading Titchener v British Railways Board: HL 24 Nov 1983

Director of Public Prosecutions, Regina (on the Application of) v Everest: Admn 24 May 2005

The defendant had lit a bonfire. The smoke left his garden and blew across the road. An accident occurred. The prosecution appealed dismissal of a charge against him on the ground that they sought an amended charge after closure of their case and it was now outside the six month limit. Held: The appeal failed. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Everest: Admn 24 May 2005

Faraday v Carmarthenshire County Council: LT 24 Jul 2003

LT COMPULSORY PURCHASE – compensation – estate agent’s office and general offices above – valuation of freehold – whether direct to freehold value or by capitalising rental value – whether disturbance compensation based on assumed relocation of business or lengthy profit losses followed by total extinguishment of business – whether claimant took reasonable steps to … Continue reading Faraday v Carmarthenshire County Council: LT 24 Jul 2003

HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005

The claimant licensee alleged that the license contract had been repudiated by the defendant licensor. The claimant succeeded at the trial of liability. The defendant had made a payment into court. The judge was told of the payment but not of the amount. He ordered the defendant to pay the costs of the liability trial … Continue reading HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005

Totel Distribution Ltd v Customs and Excise: VDT 24 Feb 2005

VDT VAT – input tax – alleged carousel fraud – Commissioners unable to establish circulation of payment without tribunal inferring that certain payments had been made to particular party in chain of transactions – tribunal unwilling to make necessary inferences – appeal allowed without tribunal hearing any evidence. Citations: [2005] UKVAT V18956 Links: Bailii Jurisdiction: … Continue reading Totel Distribution Ltd v Customs and Excise: VDT 24 Feb 2005

Greene King No 1 Ltd v HM Inspector of Taxes: SCIT 3 Mar 2005

SCIT Corporation tax – Group of companies – Loan relationship – Novation of liabilities to group company – Whether Appellant as result of related transaction – Replaced as party to loan relationship – Finance Act 1996, Sch 9 para 12 Judges: Wallace SC Citations: [2005] UKSPC SPC00465 Links: Bailii Corporation Tax Updated: 30 June 2022; … Continue reading Greene King No 1 Ltd v HM Inspector of Taxes: SCIT 3 Mar 2005

Secretary of State for Work and Pensions v W: CA 18 May 2005

The claimant had been married with children. Her husband was accused of abuse of the children, and bailed to live away from home, and then convicted and imprisoned. The claimant applied for income support on the basis that she had been abandoned within the regulations. The Secretary of State appealed a finding that she had … Continue reading Secretary of State for Work and Pensions v W: CA 18 May 2005

Naipes Heraclio Fournier v OHMI-France Cartes (Epee D’Un Jeu De Cartes): ECFI 11 May 2005

Community trade mark – Proceedings in relation to invalidity – Article 51(1)(a) of Regulation (EC) No 40/94 – Figurative mark comprising the representation of a sword in a pack of cards – Figurative mark comprising the representation of a knight of clubs in a pack of cards – Figurative mark comprising the representation of a … Continue reading Naipes Heraclio Fournier v OHMI-France Cartes (Epee D’Un Jeu De Cartes): ECFI 11 May 2005

McCarthy v H M Prison Service: EAT 7 Feb 2005

EAT Time Limits The Appellant applied out of time alleging unfair dismissal and sex discrimination. At the Employment Tribunal the Appellant’s Solicitor withdrew the unfair dismissal claim accepting he could not show it was not reasonably practicable to issue in time. The Employment Tribunal held not just and equitable to extend time where both lay … Continue reading McCarthy v H M Prison Service: EAT 7 Feb 2005

Department for Environment, Food and Rural Affairs v Alford: Admn 5 May 2005

The land owner had restored derelict farm buildings to previous levels of agricultural production. She had applied manure and calcified seaweed to the land. She appealed conviction for having carried out projects on land without satiisfying the screening requirements. Held: The appeal was allowed. The Regulations implemented two EC directives which have a bearing on … Continue reading Department for Environment, Food and Rural Affairs v Alford: Admn 5 May 2005

Farrell v Alexander: HL 24 Jun 1976

The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976