Search Results for: Art 24 EC

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Freimann v Croatia: ECHR 24 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected Citations: 5266/02 Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.198554

Tolokonnikova v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 24651/03 Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.235173

Kaszubski v Poland: ECHR 24 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award Citations: 35577/97 Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.194348

Sika v Slovakia: ECHR 24 Jun 2003

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 Citations: 69145/01 Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.186212

Green, Regina (on the Application Of) v First Secretary of State and others: Admn 13 Apr 2005

Appeal was made against the decision to allow and refuse changes of use on land for the siting of caravans and mobile homes. Judges: Gibbs J Citations: [2005] EWHC 691 (Admin) Links: Bailii Citing: Cited – Carter and Another v Secretary of State for the Environment and the Carrick District Council CA 6-Apr-1994 The District … Continue reading Green, Regina (on the Application Of) v First Secretary of State and others: Admn 13 Apr 2005

Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005

The case concerned actions taken at military bases by way of protest against the Iraq war. Each raised questions arising from the prosecution of the appellants for offences of aggravated trespass. The defendants asserted, among other things, that there was ‘was a strong possibility’ that the activities being carried on at the bases were unlawful, … Continue reading Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005

Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005

ECJ Community trade mark – d-proceedings – Application for Community figurative mark containing the word element – monBeBe – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, b) and paragraph 5 of Regulation (EC) No 40/94 Judges: MM Jaeger P Citations: T-164/03, [2005] EUECJ T-164/03 … Continue reading Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005

Beart v HM Prison Service: CA 26 Apr 2005

The claimant had been dismissed by reason of disability and so was entitled to compensation for the associated psychological injury. She was then dismissed unfairly, and the employer sought to argue that the dismissal constituted a novus actus and ended the period for which she was entitled to compensation for loss of earnings. Held: An … Continue reading Beart v HM Prison Service: CA 26 Apr 2005

Verein fur Konsumenteninformation v Commission: ECFI 13 Apr 2005

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Request relating to a very large number of documents – Total refusal of access – Obligation to carry out a concrete, individual examination – ExceptionsThe claimant a consumer had requested production of documents held by the respondent. It wanted the documents to support … Continue reading Verein fur Konsumenteninformation v Commission: ECFI 13 Apr 2005

London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments. Held: The respondent could recover the overpayment in the way proposed. The later policy … Continue reading London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

ATOMIC Austria v OHMI (Judgment): ECFI 20 Apr 2005

ECJ Community trade mark – Word mark ATOMIC BLITZ – Opposition of the proprietor of national word marks ATOMIC – Evidence of renewal of registration of the earlier mark – Scope of the examination conducted by OHIM – Rejection of opposition – Article 8(1)(b) of Regulation (EC) No 40/94 Citations: T-318/03, [2005] EUECJ T-318/03 Links: … Continue reading ATOMIC Austria v OHMI (Judgment): ECFI 20 Apr 2005

Gillette v OHM I- Wilkinson Sword (Right Guard Xtreme Sport): ECFI 13 Apr 2005

ECFI Community trade mark – d-proceedings – Application for Community figurative mark RIGHT GUARD XTREME SPORT – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal-registration – Article 8, paragraph 1 b) of Regulation (EC) No 40/94 Citations: T-286/03, [2005] EUECJ T-286/03 Links: Bailii European, Intellectual Property Updated: 29 June … Continue reading Gillette v OHM I- Wilkinson Sword (Right Guard Xtreme Sport): ECFI 13 Apr 2005

Duarte Y Beltran v OHMI – Mirato (Intea): ECFI 13 Apr 2005

ECJ Community trade mark –opposition – Community word mark INTEA – Earlier national word marks INTESA – d-Refusal to register – Relative ground for refusal – Article 8 paragraph 1 b) of Regulation (EC) No 40/94 Citations: T-353/02, [2005] EUECJ T-353/02 Links: Bailii Statutes: Regulation (EC) No 40/94 European, Intellectual Property Updated: 29 June 2022; … Continue reading Duarte Y Beltran v OHMI – Mirato (Intea): ECFI 13 Apr 2005

Dirshe, Regina (on the Application of) v Secretary of State for the Home Department: CA 20 Apr 2005

The asylum claimant had sought to be allowed to record his interview with the immigration officer, but this had been refused. Held: Review was granted. Whilst in the majority of cases a recording should be unnecessary, since the Mapah case, public assistance in having a representative attend with the applicant at interview was no longer … Continue reading Dirshe, Regina (on the Application of) v Secretary of State for the Home Department: CA 20 Apr 2005

U v Centre for Reproductive Medicine: CA 24 Apr 2002

The claimant appealed a refusal to grant an order preventing the destruction of the sperm of her late husband held by the respondent fertility clinic. The clinic had persuaded her husband to sign a form of consent for this purpose. The claimant said that the form had been obtained by undue influence, believing that the … Continue reading U v Centre for Reproductive Medicine: CA 24 Apr 2002

Spice Girls Limited v Aprilia World Service Bv: CA 24 Jan 2002

When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be conveyed to a normal person. Judges: The Vice-Chancellor, Lord Justice Chadwick, And, Lord Justice Rix Citations: [2002] EMLR … Continue reading Spice Girls Limited v Aprilia World Service Bv: CA 24 Jan 2002

Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at … Continue reading Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others: CA 23 Nov 2017

The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. Citations: [2017] EWCA Civ 1868, [2017] WLR(D) 775, [2018] 1 WLR 2572, [2018] HRLR 3, [2018] 3 All ER 95 Links: Bailii, WLRD Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: … Continue reading Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others: CA 23 Nov 2017

Etheridge v Secretary of State for the Environment: QBD 13 Oct 1983

The landowner had obtained outline permission but with details reserved. Later full permission was granted, but the authority refused to approve matters which had already been approved in the original outline permission, saying they were out of time. Held: The respondent did have jurisdiction to hear the land-owner’s appeal. The grant of the full permission … Continue reading Etheridge v Secretary of State for the Environment: QBD 13 Oct 1983

Keller (Social Security For Migrant Workers): ECJ 12 Apr 2005

ECJ Social security – Articles 3 and 22 of Regulation No 1408/71 – Article 22 of Regulation No 574/72 – Hospital treatment in a Member State other than the competent Member State – Need for vital urgent treatment – Transfer of the insured person to a hospital institution in a non-member country – Scope of … Continue reading Keller (Social Security For Migrant Workers): ECJ 12 Apr 2005

Jones v Garnett (Inspector of Taxes): ChD 28 Apr 2005

The taxpayer worked as an information technology specialist. His earnings were channelled through a limited company. The company paid on part of its income to his wife, with the result that the total tax paid was reduced. The inspector sought to tax the sum paid to the taxpayer’s wife as a settlement made on her … Continue reading Jones v Garnett (Inspector of Taxes): ChD 28 Apr 2005

The Free Church of Scotland v The General Assembly of the Free Church of Scotland: SCS 24 Mar 2005

Each group claimed to by the true Free Church of Scotland. The dispute had a very long history. One claimed that the other had abandoned a fundamental principle of the faith, the right of ‘continued protest’. Held: It was necessary to examine all relevant and credible material expository of the essential fundamental principles of the … Continue reading The Free Church of Scotland v The General Assembly of the Free Church of Scotland: SCS 24 Mar 2005

John Louis Carter Fourie v Allan Le Roux and others: CA 7 Mar 2005

The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and should have taken account of cross claims. The defendant argued that the order was sought on a … Continue reading John Louis Carter Fourie v Allan Le Roux and others: CA 7 Mar 2005

Biegi Nahrungsmittel and Commonfood: ECJ 3 Mar 2005

ECJ (Customs Union) Appeal – Common Customs Tariff – Subsequent recovery of import duties – Waiver of duties to be recovered – Conditions – Article 220(2)(b) of Regulation (EEC) No 2913/92 – Error of the customs authorities – Detectable error – Combined nomenclature – Remarks – Scope Citations: [2005] ECR I-1751, [2005] EUECJ C-499/03 Links: … Continue reading Biegi Nahrungsmittel and Commonfood: ECJ 3 Mar 2005

Arrowsmith v United Kingdom: ECHR 12 Oct 1978

(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. But the contents of the leaflets did not express pacifist views, nor did the act of … Continue reading Arrowsmith v United Kingdom: ECHR 12 Oct 1978

Carty v London Borough of Croydon: CA 27 Jan 2005

The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The authority, relying on Gorringe, said it was fulfilling a purely statutory duty. Held: Courts had not previously … Continue reading Carty v London Borough of Croydon: CA 27 Jan 2005

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: CA 19 Jul 2001

Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to obey a lawful order. The charges were found proved by the deputy governor, … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: CA 19 Jul 2001

Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Application was made to register the ‘trap grounds’ as a village green. Held: Carnwath LJ: ‘The 1965 Act created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10. Since that section only takes effect in relation to any particular land on registration, there … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2004

Re U (A Child): CA 24 Feb 2005

The applicant sought a second appeal saying there was fresh evidence. Held: Applying Taylor -v- Lawrence, a second appeal could only be entertained where it was shown that the earlier judicial process had been critically undermined. It must be shown at least that there was a powerful possibility that an erroneous result had in fact … Continue reading Re U (A Child): CA 24 Feb 2005

Banks v Ablex Ltd: CA 24 Feb 2005

The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act. Held: There was insufficient evidence to say … Continue reading Banks v Ablex Ltd: CA 24 Feb 2005

Profile Software Ltd v Becogent Ltd: OHCS 16 Feb 2005

The pursuers claimed for breach of copyright and of a software licence. The defendants disputed the title or right of the pursuers to claim. Held: The assignation of the rights in the software carried with it the rights to enforce intellectual property rights and rights in licences previously granted. Judges: Lord Kingarth Citations: [2005] ScotCS … Continue reading Profile Software Ltd v Becogent Ltd: OHCS 16 Feb 2005

Precis (521) Plc v William M Mercer Ltd: CA 15 Feb 2005

Purchasers of a company sought to claim in negligence against the respondent actuaries in respect of a valuation of the company’s pension funds. Held: There was a paucity of authority as to when a duty of care was assumed. The words used and the subjective view of the information provider were not determinative, but in … Continue reading Precis (521) Plc v William M Mercer Ltd: CA 15 Feb 2005

Jones (T/A Shamrock Coaches) v Department of Transport Welsh Traffic Office: CA 18 Jan 2005

After complaints about the applicant’s conduct of her coach business licensed under the 1981 Act, he was investigated. The issue was taken to a public enquiry before the traffic commissioner, which concluded that congestion and the state of the roads was not sufficient to reasonably excuse the failings in the service under s68. The applicant … Continue reading Jones (T/A Shamrock Coaches) v Department of Transport Welsh Traffic Office: CA 18 Jan 2005

Royer v Austria: ECHR 12 Jun 2003

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: 42484/98 Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.186225

Sinan Cetinkaya And Agyar Cetinkaya v Turkey: ECHR 24 May 2022

ECHR Judgment : Article 7 – No punishment without law : Second Section ECHR Judgment : Article 7 – No punishment without law : Second Section Citations: 74536/10, [2022] ECHR 388, [2022] ECHR 395 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.678141

AR (Article 8, Mahmood, Private Life) Kosovo CG: IAT 24 Mar 2003

Appeal by a citizen of Federal Republic of Yugoslavia, who is from Kosovo and is of Albanian ethnicity, against the determination of an Adjudicator dismissing, following a remitted hearing, his appeal on asylum and human rights grounds against the decision by the respondent on 5 January 2001 to refuse to grant leave to enter the … Continue reading AR (Article 8, Mahmood, Private Life) Kosovo CG: IAT 24 Mar 2003

Hartman v South Essex Mental Health and Community Care NHS Trust etc: CA 19 Jan 2005

The court considered the liability of employers for stress injury to several employees. Held: Though the principles of awarding damages for stress related psychiatric injury are the same as those for physical injury, the issues have still troubled the courts. The 16 issues identified in Hatton were not exhaustive. One of the appeals at issue … Continue reading Hartman v South Essex Mental Health and Community Care NHS Trust etc: CA 19 Jan 2005

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

Johnstone v Pedlar: HL 24 Jun 1921

The now respondent, a naturalised USA citizen, had sued the appllant, the chief Commissioner of the Dublin Metropolitan police complaining of an unlawful detention, and continued retention of money taken on his arrest for militarily drilling disaffected persons. He had been prosecuted for allegation under the defence of the realm act, but the judge had … Continue reading Johnstone v Pedlar: HL 24 Jun 1921

Voglino v Italy: ECHR 22 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 48730/99, [2003] ECHR 244 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.182427

Long Acre Securities Ltd v Karet: ChD 3 Mar 2004

The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004

Towcester Racecourse Co Ltd v The Racecourse Association Ltd: ChD 23 Oct 2002

The applicant was a member of the respondent company. The respondent had prepared a report into the behaviour of a chairman of its own enquiry into televising racing, but where it had been alleged that the chairman, himself a TV owner had made an improper approach to a TV company. The applicant sought a copy … Continue reading Towcester Racecourse Co Ltd v The Racecourse Association Ltd: ChD 23 Oct 2002

Scott and Others v Howard and Others: HL 24 Mar 1881

Property – Sale of Heritage – ConditionsA theatre and the ground on which it stood were sold under burden of payment of certain annuities to a body of shareholders, who up to the date of the sale were proprietors of the subjects, and under stipulation that each of these shareholders should be entitled to free … Continue reading Scott and Others v Howard and Others: HL 24 Mar 1881

Burns v Martin (Martin’s Trustee and Executrix): HL 14 Feb 1887

Lease – Landlord and Tenant – Heirs and Executors – ‘Conjunctly and Severally.’A lease was granted to two tenants and the survivor of them, excluding assignees and sub-tenants, whether legal or conventional, the tenants binding ‘themselves and their respective heirs, executors, and successors, all conjunctly and severally, renouncing the benefit of discussion,’ to pay the … Continue reading Burns v Martin (Martin’s Trustee and Executrix): HL 14 Feb 1887

Surek and Ozdemir v Turkey: ECHR 8 Jul 1999

Grand Chamber – Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 18 (second applicant); Preliminary objection rejected (non-exhaustion, estoppel); Violation of Art. 6-1; Pecuniary damage – financial award (first applicant); Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – … Continue reading Surek and Ozdemir v Turkey: ECHR 8 Jul 1999

Hewitson v The United Kingdom: ECHR 27 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003

Andrianesis And Others v Greece: ECHR 10 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 regarding the fairness of the proceedings, and under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses … Continue reading Andrianesis And Others v Greece: ECHR 10 Feb 2005

Furniss (Inspector of Taxes) v Dawson: HL 9 Feb 1983

The transfer of shares to a subsidiary as part of a planned scheme immediately to transfer them to an outside purchaser was regarded as a taxable disposition to the outside purchaser rather than an exempt transfer to a group company. In defined conditions, including a preordained series of transactions including steps with no commercial or … Continue reading Furniss (Inspector of Taxes) v Dawson: HL 9 Feb 1983

Nail and Another v News Group Newspapers Ltd and others: CA 20 Dec 2004

The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication. Held: In defamation proceedings the damage to feelings is assessed as at the point of assessment, and conduct of the defendant after the publication may aggravate or … Continue reading Nail and Another v News Group Newspapers Ltd and others: CA 20 Dec 2004

Massey v United Kingdom: ECHR 16 Nov 2004

The claimant had been accused of indecent assault. The criminal proceedings continued for just under five years. Held: The case was not particularly complex, and the consequences for the claimant were severe. There was no complex forensic evidence, and the issues were in substance as to the credibility of three witnesses some many years after … Continue reading Massey v United Kingdom: ECHR 16 Nov 2004

George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004

The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly defamatory and untrue. The defendants said that the articles were protected by qualified privilege, since the claimant was … Continue reading George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004

Mytravel Group Plc, Re Companies Act 1985: ChD 24 Nov 2004

The company sought approval of a proposed reconstruction under the section. Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those carrying on the business should be the same or similar. Here the proposal would result in … Continue reading Mytravel Group Plc, Re Companies Act 1985: ChD 24 Nov 2004

Anheuser-Busch v Budejovicky Budvar, narodni podnik: ECJ 16 Nov 2004

Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor’s exclusive right to the trade mark – Alleged use of the sign as a trade name. Citations: C-245/02, [2004] EUECJ C-245/02, [2004] I-10989 Links: Bailii Jurisdiction: European Citing: See Also – … Continue reading Anheuser-Busch v Budejovicky Budvar, narodni podnik: ECJ 16 Nov 2004

Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

The Refugee Legal Centre, Regina (on the Application of) v Secretary of State for the Home Department: CA 12 Nov 2004

The applicant alleged that the fast track system of selecting and dealing with unmeritorious asylum claims was unfair and unlawful. Held: The system was not inherently unfair and therefore unlawful and clear written instructions would suffice to concentrate the officials’ minds on the proper ingredients of fair procedure. It allowed two principle remedies for any … Continue reading The Refugee Legal Centre, Regina (on the Application of) v Secretary of State for the Home Department: CA 12 Nov 2004

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. … Continue reading British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

Artrada and Others: ECJ 28 Oct 2004

ECJ Animal health – Production and placing on the market of raw milk, heat-treated milk and milk-based products – Mixture made of sugar, cocoa and skimmed milk powder, imported from Aruba Citations: C-124/03, [2004] EUECJ C-124/03 Links: Bailii Jurisdiction: European Agriculture Updated: 27 June 2022; Ref: scu.219051

Regina v Beck: CACD 1982

The defendant complained that the judge had failed to direct the jury about the dangers of relying upon the evidence of witnesses who, though not co-defendants, had their own conflicting interests. They also said that corroborative evidence should only have been accepted to support directly some specific evidence of an accomplice. Held: A formal accomplice … Continue reading Regina v Beck: CACD 1982

Allard v Sweden: ECHR 24 Jun 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award Citations: 35179/97 Jurisdiction: Human Rights Cited by: Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009 The claimant sought return of … Continue reading Allard v Sweden: ECHR 24 Jun 2003

Akzo Nobel v Commission (Competition): ECFI 27 Sep 2006

Europa Competition – Agreements, decisions and concerted practices – Sodium gluconate – Article 81 – EC – Fine – Article 15(2) of Regulation No 17 – Guidelines for the calculation of the amount of fines – Principle of proportionality – Obligation to state reasons. Citations: T-330/01, [2006] EUECJ T-330/01 Links: Bailii Jurisdiction: European Commercial Updated: … Continue reading Akzo Nobel v Commission (Competition): ECFI 27 Sep 2006

Sabah Shipyard (Pakistan) Ltd v Islamic Republic of Pakistan and Another: CA 24 Apr 2002

Citations: [2002] EWCA Civ 650 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Sabah Shipyard (Pakistan) Ltd v The Islamic Republic of Pakistan and Another CA 14-Nov-2002 An order was sought to restrain proceedings in Pakistan. Held: The agreement provided that it should be subject to the exclusive jurisdiction of England. The … Continue reading Sabah Shipyard (Pakistan) Ltd v Islamic Republic of Pakistan and Another: CA 24 Apr 2002

Nash v Chelsea College of Art and Design: CA 24 Jan 2002

Application for permission to appeal against the decision: ‘The claimant, Miss Aletta Nash, complains of the second year assessment that she received in her course at the Chelsea College of Art, the respondent. That assessment was made as long ago as May 1998, and was considered by the Board of Examiners of the College in … Continue reading Nash v Chelsea College of Art and Design: CA 24 Jan 2002

Chanda v The Secretary of State for The Home Department: CA 31 Oct 2018

issue about paragraph 322(1A) of the Immigration Rules (concerned with false representations or false documents or information) and the separate considerations that arise out of a false document, on the one hand, and a finding of deception on the part of the applicant, on the other. Citations: [2018] EWCA Civ 2424 Links: Bailii Jurisdiction: England … Continue reading Chanda v The Secretary of State for The Home Department: CA 31 Oct 2018