The tenants Mr and Mrs Levy did not know their landlord Mrs David’s address and had no means of paying the rent. Held: They had acquired the title by adverse possession against their mesne landlord (Mrs David) – but that nevertheless their statutory tenancy had continued against the freeholder.Sir John Pennycuick said that: ‘I should … Continue reading Jessamine Investment Co v Schwartz: CA 1978
ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1; Remainder inadmissible. Citations: 35915/02 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.235661
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (non-enforcement of judgments); Violation of P1-1; Not necessary to examine Art. 13; Remainder inadmissible; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 24654/03 Jurisdiction: Human Rights Human Rights Updated: … Continue reading Bobrova v Russia: ECHR 17 Nov 2005
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Finlande C-469/98: ECJ 5 Nov 2002
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 71244/01 Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.234819
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3; Violation of Art. 8;Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings. Citations: 49451/99, [2004] ECHR 466, [2004] ECHR 466 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.227824
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 13 ; Non-pecuniary damage – financial award Citations: 50390/99 Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.186244
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to effectiveness of investigation ; No violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award … Continue reading Ozalp and Others v Turkey: ECHR 8 Apr 2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses award Citations: 43425/98 Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.186240
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
Patent infringement Judges: The Honourable Mr Justice Mann Citations: [2004] EWHC 2246 (Ch ) Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 21 June 2022; Ref: scu.216426
ECJ 1. Freedom of movement for persons, freedom of establishment and freedom to provide services, which are fundamental in the community system, would not be fully realized if a member state were entitled to refuse to grant the benefit of the provisions of community law to those of its nationals who are established in another … Continue reading Gullung v Conseil De L’Ordre Des Avocats Du Barreau De Colmar Et De Saverne: ECJ 19 Jan 1988
ECJ Common customs tariff – tariff headings – classification of products – classification by the commission of tobacco leaf stem as refuse under subheading 24.01 b – legality (Council Regulation no 97/69 as amended by regulation no 2055/84; Commission Regulation no 3517/84) In view of the wide power of discretion conferred upon it by Regulation … Continue reading Regina v HM Customs and Excise Ex Parte Imperial Tobacco Ltd: ECJ 19 Jan 1988
ECJ Article 3(1) of Council Regulation No 1224/80 on the valuation of goods for customs purposes must be interpreted as meaning that where goods bought free of defects are damaged before being released for free circulation the price actually paid or payable, on which the transaction value is based, must be reduced in proportion to … Continue reading Hauptzollamt Itzehoe v HJ Repenning Gmbh: ECJ 12 Jun 1986
ECJ Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984
Minimum means of subsistence – Concept of social advantage or benefit. General social benefits of a kind not listed in article 4(1) were held not to constitute a social security benefit within the meaning of Regulation 1408/71 Citations: R-249/83, [1985] EUECJ R-249/83, [1987] 3 CMLR 638 Links: Bailii Jurisdiction: European Cited by: Cited – Patmalniece … Continue reading Vera Hoeckx v Openbaar Centrum Voor Maatschappelijk Welzijn, Kalmthout: ECJ 27 Mar 1985
ECJ It follows from article 30 in conjunction with article 36 of the EEC Treaty that a member state is not prohibited from requiring plant protection products to be subject to prior approval , even if those products have already been approved in another member state. The authorities of the importing state are however not … Continue reading Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981
Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning … Continue reading The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council: CA 29 Sep 2004
ECJ 1. Article 177 is based on a distinct separation of functions between national courts and tribunals on the one hand and the court of justice on the other, and it does not give the court jurisdiction to take cognizance of the facts of the case, or to criticize the reasons for the reference. Therefore, … Continue reading Tedeschi v Denkavit Commerciale SRL: ECJ 5 Oct 1977
The court considered the application of the doctrine of exhaustion of rights in the context of trade marks. The exercise of trade mark rights had to take account of and might be restricted by the prohibitions contained in the Treaty of Rome intended to promote the free movement of goods. The court dealt specifically with … Continue reading Hoffmann La Roche Ag v Centrafarm Vertriebsgesellschaft Pharmazeutischer Erzeugnisse Mbh: ECJ 24 May 1977
1. No new element has been adduced capable of casting doubt on the court’s decision in its judgments of 24 october 1973 in cases 5, 9 and 10/73, according to which examination of questions referred had not revealed any elements capable of affecting the validity of regulation no 974/71. 2. Article 2 of regulation no … Continue reading Kurt A Becher v Hauptzollamt Emden: ECJ 15 Jan 1974
ECJ Article 1 of regulation no 2410/70, read in conjunction with article 11 of regulation no 1052/68, involves that in the absence of community rules on the subject the national court is competent to assess the probative value of tests performed with a view to ascertaining the fat content of the products listed at the … Continue reading Codrico Nv v Hoofdproduktschap Voor Akkerbouwprodukten: ECJ 28 Nov 1973
ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971
ECJ Competition – Undertakings – Sickness funds – Agreements, decisions and concerted practices – Interpretation of Articles 81 EC, 82 EC and 86 EC – Decisions of groups of sickness funds determining maximum amounts paid in respect of medicinal products Citations: [2004] ECR I-2493, C-354/01, [2004] EUECJ C-354/01 Links: Bailii European Updated: 21 June 2022; … Continue reading AOK-Bundesverband and Others C-354/01: ECJ 16 Mar 2004
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
Application made by the defendant Secretary of State to strike out the Particulars of Claim (POC) and enter judgment for the Defendant pursuant to CPR 3(4) because they disclose no reasonable grounds for bringing the claim. The claim was that: ‘ that the interests of the Indian (mainly Tamil speaking) population of Malaysia were ignored … Continue reading Ponnusamy and Others v Secretary of State for Foreign and Commonwealth Affairs: QBD 30 Mar 2015
Appeal from refusal of review of decision not to treat asylum claim as a fresh claim. Citations: [2009] EWCA Civ 302 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 21 June 2022; Ref: scu.341240
‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ Citations: 45701/99, (2002) 35 EHRR 306, [2001] ECHR 860 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 9 Jurisdiction: … Continue reading Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Denmark C-467/98: ECJ 5 Nov 2002
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Suede: ECJ 5 Nov 2002
Constitutions Compatibility with EU law ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned – Discretion enjoyed by a national court to refer questions to … Continue reading Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck: ECJ 7 Dec 2011
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 24209/94 Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.186178
The complainant, on 14 October 2005, requested from the Veterinary Medicines Directorate copies of the Environmental Risk Assessments carried out by the VMD as part of the marketing authorisation process for cypermethrin sheep dips. The Commissioner is satisfied that the information which was withheld from disclosure by the VMD relates to information on emissions. The … Continue reading Veterinary Medicines Directorate (Decision Notice): ICO 10 Dec 2009
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected. Citations: 52524/99, [2004] ECHR 470, [2004] ECHR 470 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.227864
ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995
Citations: 29813/96, [2001] ECHR 246 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Garrett, Falcao And Others v Portugal ECHR 11-Jan-2000 Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs … Continue reading Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001
A proposed takeover had been referred to the Monopolies and Mergers Commission under the 1973 Act. A majority of the Commission recommended against the takeover. The Deputy (acting instead of the Secretary who had an interest) overruled the Commission. AS challenged that decision, and sought to refer to statements made by the Secretary of State … Continue reading Regina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc: QBD 1983
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Aucune question distincte au regard de l’art. 8; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 54797/00 Jurisdiction: Human Rights Human Rights Updated: 19 June … Continue reading HF v Slovakia: ECHR 8 Nov 2005
Europa Competition – Wholesale distribution of medicines – Parallel trade – Differentiated prices – Article 81(1) – EC – Agreement – Restriction of competition – Object – Relevant market – Effect – Article 81(3) – EC – Contribution to the promotion of technical progress – No elimination of competition – Evidence – Statement of reasons … Continue reading Glaxosmithkline Services v Commission (Competition): ECFI 27 Sep 2006
The complainant made a request for information on 4 February 2022 relating to a contract for the supply of PPE equipment. The Commissioner considers that DHSC has breached section 10(1) FOIA as it has failed to respond within the statutory time for compliance. The Commissioner requires the public authority to Provide a response to the … Continue reading Department of Health and Social Care (Central Government): ICO 20 Apr 2022
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 53372/99 Jurisdiction: Human Rights Human Rights Updated: 19 June 2022; Ref: scu.182437
The complainant requested information relating to himself, the Tyldesley Diary and British Library’s internal management report on an incident involving the Tyldesley Diary. The British Library released some information and relied on the exemptions at sections 21, 31, 36(2)(b)(i), 36(2)(b)(ii), 36(2)(c), 40(1), 40(2), 41, 42, 43 to withhold other information. The Commissioner identified that some … Continue reading British Library (Decision Notice): ICO 26 Sep 2011
Citations: (1996) 85 DR 149 Jurisdiction: Human Rights Cited by: Superceded – Karner v Austria ECHR 24-Jul-2003 A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . … Continue reading Roosli v Germany: ECHR 1996
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held: There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes … Continue reading Puglia v C James and Sons: EAT 24 Oct 1995
Citations: [2018] EWCA Civ 2493 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 June 2022; Ref: scu.628707
Citations: [2018] EWCA Civ 2482 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 June 2022; Ref: scu.628703
The claimants sought an order for rectification of the Unipart Group Pension Scheme Deed and Rules. Citations: [2018] EWHC 2124 (Ch) Links: Bailii Jurisdiction: England and Wales Trusts Updated: 18 June 2022; Ref: scu.625482
Citations: [2018] EWCA Civ 2411 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 June 2022; Ref: scu.628699
HL Corporation tax – Chargeable gains – Meaning of ‘property’ and ‘assets’ under Part III of Finance Act 1965 (c 25) – Whether andpound;50,000 received from director to secure release from service agreement a chargeable gain – Finance Act 1965, s 22(1), (3) and (4)(b). Citations: [1979] UKHL TC – 53 – 241, [1980] AC … Continue reading O’Brien (Inspector of Taxes) v Benson’s Hosiery (Holdings) Ltd: HL 25 Oct 1979
Citations: [1999] EWHC 852 (Ch) Links: Bailii Jurisdiction: England and Wales Financial Services, Professional Negligence Updated: 18 June 2022; Ref: scu.464724
The claimants had entered into an agreement with the defendant house-builder for the development of a site which the claimants had recently acquired. The structure of the agreement was that the developer would obtain planning permission and, under licence from the owner, would construct a mixed residential and commercial development and sell the properties on … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Another: ChD 2 Mar 2007
Citations: [1996] UKEAT 124 – 94 – 1712 Links: Bailii Citing: See Also – Mensah v Royal College of Midwives EAT 17-Nov-1995 . . Cited by: See Also – Regina v Nursing and Midwifery Staff Negotiating Council ex parte Mensah Admn 27-Apr-1998 . . Lists of cited by and citing cases may be incomplete. Employment, … Continue reading Mensah v Royal College of Midwives: EAT 17 Dec 1996
The tribunal set out the test for whether a dismissal was for redundancy: ‘Free of authority, we understand the statutory framework . . involve a three-stage process: (1) was the employee dismissed: If so, (2) had the requirements of the employer’s business for employees to carry out work of a particular kind ceased or diminished, … Continue reading Safeway Stores Plc v Burrell: EAT 24 Jan 1997
Europa Competition – Fine – Breach of Article 81 EC – Powers of the Commission in respect of the enforcement of sanctions – Limitation period – Articles 4 and 6 of Regulation (EEC) No 2988/74 – Admissibility. Citations: T-153/04, [2006] EUECJ T-153/04 Links: Bailii Jurisdiction: European Commercial Updated: 18 June 2022; Ref: scu.245142
The complainant requested information on the commission payments made by investment managers on behalf of Suffolk County Council (‘the Council’). The Council supplied the names of its investment managers however claimed that the remainder of the information was exempt on the basis that the exemption in section 43(2) (commercial interests) applied. The Commissioner’s decision is … Continue reading Suffolk County Council (Decision Notice): ICO 13 Feb 2008
‘In matters relating to striking a balance between protecting private life and the freedom of expression that the Court had had to rule upon, it has always emphasised . . the requirement that the publication of information, documents or photographs in the press should serve the public interest and make a contribution to the debate … Continue reading Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006
The complainant requested information concerning procedures in place within the public authority and how they had been applied to an investigation to which she was subject. The public authority initially cited various exemptions from Part II of the Act, but, following the intervention of the Commissioner, altered its stance and refused the request on cost … Continue reading Hampshire Constabulary (Decision Notice): ICO 28 Jan 2008
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
Liability of re-insurers arises on insurers becoming liable to pay, not payment. Citations: Times 06-Nov-1995 Jurisdiction: England and Wales Cited by: Appeal from – Charter Reinsurance Co Ltd v Fagan and Others HL 24-May-1996 The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: CA 6 Nov 1995
Specified reports and staff certification for occupational safety training : Partially upheld Citations: [2018] ScotIC 168 – 2018 Links: Bailii Jurisdiction: Scotland Information Updated: 17 June 2022; Ref: scu.635895
VALUE ADDED TAX – Points based loyalty programme – whether operator of programme receives services from third parties who provide rewards under the programme – whether payments third party consideration for provision of rewards – appeal dismissed Citations: [2019] UKUT 18 (TCC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 17 June 2022; Ref: scu.635218
The ‘Bogota,’ a steamer 415 feet long, was being towed out of a graving dock on the north bank of the Clyde, stern first, by a tug, the width of the river ex adverso of the dock being about 500 feet. When she was about two-thirds out of the dock and still athwart the river, … Continue reading Pacific Steam Navigation Co (Owners of SS ‘Bogota’) v Anglo-Newfoundland Development Co, Ltd (Owners of SS ‘Alconda’): HL 11 Feb 1924
Litigation Privilege; First-Tier Tribunal Citations: [2018] UKUT 243 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 17 June 2022; Ref: scu.628729
Hamid Jurisdiction: Nature and Purposes Citations: [2018] UKUT 242 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 17 June 2022; Ref: scu.628730
Citations: [2018] EWCA Civ 2483 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 17 June 2022; Ref: scu.628698
The claimant had applied for but been refused asylum. His appeal was outstanding, but he made a new asylum application. That had not been determined within a year. Held: The EU directive laying down minimum standards for the reception of asylum seekers required the claimant to be allowed to work. Judges: Lord Justice Hughes, Mr … Continue reading MM (Burma) and Another v Secretary of State for the Home Department: CA 14 May 2009
The House considered an extradition request. Held: Lord Keith of Kinkel said it would be sufficient to establish the primary facts on the balance of probabilities and for the court to form an opinion upon the facts established. It was submitted that it would be unjust or oppressive to return the applicant because of the … Continue reading Regina v Governor of Pentonville Prison, Ex parte Narang; Union of India v Narang: HL 1978
Enforcement Notice appeal Citations: [2004] EWHC 2477 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 17 June 2022; Ref: scu.219265
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14+P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings Citations: 42432/98 Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.198013
After reading a particular press article, the complainant requested information relating to a number of social services cases that had been reviewed by Kent County Council. The article referred to over 500 cases that caused concern. The council said that it did not hold the information. Following the Commissioner’s intervention, the council conceded that it … Continue reading Kent County Council (Decision Notice): ICO 24 Oct 2011
Citations: [1999] UKEAT 841 – 198 – 0111 Links: Bailii Jurisdiction: England and Wales Employment Updated: 16 June 2022; Ref: scu.205924
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were affected, the rules allowed application for their admission to the proceedings, and leave could also be … Continue reading B v The United Kingdom; P v The United Kingdom: ECHR 24 Apr 2001
The complainant submitted a request to the London Borough of Hammersmith and Fulham (‘the Council’) for information relating to trees on a particular site. During the course of the investigation, the Council disclosed some information with some redactions under the exceptions at regulations 12(3) and 12(5)(e). The complainant believed that this exception was applied incorrectly … Continue reading Hammersmith and Fulham London Borough Council (Decision Notice): ICO 26 Sep 2011
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 the fairness of the proceedings, and under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses … Continue reading Kern v Austria: ECHR 24 Feb 2005
The complainant requested information relating to a police investigation. The Police Service of Northern Ireland (the PSNI) confirmed that it held some relevant information but withheld it in reliance on the exemption at section 30(1)(a) of the FOIA. The PSNI refused to confirm or deny whether it held any information which would be the complainant’s … Continue reading Police Service of Northern Ireland (Decision Notice) FS50433759: ICO 31 Jul 2012
The appellant sought asylum. He had fled Sri Lanka. He was a Tamil and feared torture if he returned. His application had been rejected because the consequences flowed from his suspected involvement in terrorism, and that was not a Convention reason. Held: Cases involving claims for refugee status under the Convention are particularly fact-sensitive. The … Continue reading Regina v Secretary of State for the Home Department, ex parte Sivakumar: HL 20 Mar 2003
A woman, as a condition of her marriage, stipulated that for the first year after the marriage there should be no sexual intercourse, and her intended husband consented to the condition. The parties were married on 5th November 1913, the husband being then 29 years old and the wife 34. On the 16th November they … Continue reading G v G: HL 8 Feb 1924
The claimant’s father had been killed in Pakistan by a missile in a drone strike by the USA. He alleged that the strike had been supported by positional information supplied by the British intelligence agencies, and sought judicial review of the decisions leading to the strike, alleging that the actions were criminal. He sought a … Continue reading Khan, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: CA 20 Jan 2014
The administrators held cash. They proposed a distribution giving creditors who would on a winding up be preferential, full preference. They appealed refusal by the court to sanction the proposal. Held: The court had no power to make such an order. From the cases there were three sources for the court’s power to sanction, or … Continue reading In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
The respondents supplied stewards and stewardesses to coach companies. The staff were, by agreement with the Inland Revenue self-employed. The wages were alleged to be low, and the issue arose as to whether they were workers within the Act. Certain parts of their duties were as employees. The respondents contended that the arrangements as a … Continue reading National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services): EAT 17 Sep 2001
HL Income tax, Schedule D – Foreign possessions – Double taxation relief – German government pension for past services – Paid to British subject of German origin – Whether German nationality deemed to be retained – Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1955 (S.I. 1955 No. 1203), Sch., arts. 11(3), … Continue reading Oppenheimer v Cattermole (Inspector of Taxes): HL 5 Feb 1975
The court referred to ‘the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities’ and to the need to interpret narrowly any exception to ‘a most basic guarantee of individual freedom.’ Enforced disappearance is … Continue reading Kurt v Turkey: ECHR 25 May 1998
Hearing of the application by the Claimant, Muhammad Ertiza Riaz, for judicial review of the decisions made by the Defendant, the Secretary of State for the Home Department: i) on 24 August 2018 to detain Mr Riaz under immigration powers for the purposes of removal, and ii) on 28 August 2018 to curtail his family … Continue reading Riaz, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 28 Mar 2019
State aid – Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) – Payment of compensation granted to certain economic operators – Decision declaring the aid incompatible with the internal market and ordering its recovery – Competence of the Commission Citations: T-624/15, [2019] EUECJ … Continue reading European Food and Others v Commission: ECFI 18 Jun 2019
Opinion – Appeal – Economic and monetary policy – Article 127(6) TFEU – Regulation (EU) No 1024/2013 – Article 4(1)(g) – Prudential supervision of credit institutions on a consolidated basis – Regulation (EU) 468/2014 – Article 2(21)(c) – Regulation (EU) No 575/2013 – Article 10 – Group subject to prudential supervision – Institutions permanently affiliated … Continue reading Credit Mutuel Arkea v ECB: ECJ 18 Jun 2019
Appeal – Economic and monetary policy – Article 127(6) TFEU – Regulation (EU) No 1024/2013 – Article 4(1)(g) – Prudential supervision of credit institutions on a consolidated basis – Regulation (EU ) No 468/2014 – Article 2, point 21, point c) – Regulation (EU) No 575/2013 – Article 10 – Group subject to prudential supervision … Continue reading Credit Mutuel Arkea v ECB: ECJ 22 Oct 2019
A testator directed his trustees on the death of his wife to hold the residue for behoof of his children in liferent, and equally among them and their lawful issue in fee, and on the death of all his children to divide his estate among the children of his sons and daughters per stirpes. He … Continue reading M’Culloch’s Trustees v Macculloch: HL 24 Nov 1903
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption … Continue reading Hartley v Minister of Housing and Local Government: CA 1970
Application for permission to appeal against an order made in civil non-matrimonial proceeding. The appeal raises questions as to the circumstances in which affidavits of means sworn by a party in matrimonial proceedings may be the subject of disclosure and inspection in separate civil proceedings to which he is a party and as to the … Continue reading Nayler and Another v Beard: CA 24 Jul 2001
The Court considered the application of a three month limitation period, imposed by the Regulations. Lord Justice Dyson said: ‘It would be strange if a complaint could not be brought until the process has been completed. It may be too late to challenge the process by then. A contract may have been concluded with the … Continue reading Jobsin Co UK Plc (T/A Internet Recruitment Solutions) v Department of Health: CA 13 Jul 2001
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice cream contravened articles 81 and 82. On 28 May 1992 the High Court dismissed the … Continue reading Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
The complainant has requested information on invitations received by ministers or BEIS managers to attend events sponsored by Shell and BP or any meetings with Shell and BP. The Commissioner’s decision is that BEIS has is entitled to withhold the redacted information in reliance of section 43(2) commercial interests, and although finely balanced, the public … Continue reading Department for Business, Energy and Industrial Strategy (Central Government): ICO 11 Jun 2021
Europa Competition – Agreements, decisions and concerted practices – Sodium gluconate – Article 81- EC – Fine – Liability of the parent company for the unlawful conduct of an association without its own legal personality – Article 15(2) of Regulation No 17 – Rights of the defence – Exculpatory documents – Principle of proportionality – … Continue reading Avebe v Commission (Competition): ECFI 27 Sep 2006
The Commission suspected the applicant of anti-competitive practices, and sought permission and support in an enforced entry and seizure of the applicant’s premises. The French court sought guidance as to the considerations involved. Held: The national court had a duty under European law to investigate the request to the extent of asking whether the proposed … Continue reading Roquette Freres SA v Directeur General de la Concurrence, de la Consommation et de la Repression des Fraude (Third Party, Commission of the European Communities): ECJ 22 Oct 2002
The Home Secretary sought to appeal against the decision of the Immigration Appeal Tribunal. Held: The IAT had been reviewing a decision of an adjudicator in Scotland. Accordingly, any appeal against the IAT decision lay to the Court of Session, not to the Court of Appeal. The earlier order was a nullity. Judges: Ward LJ … Continue reading Azad Gardi v Secretary of State for the Home Department (No 2): CA 22 Oct 2002