Actions for annulment – Pleas in law – Error of fact underlying a decision applying the competition rules – Annulment of the decision – (EC Treaty, Art. 85; Council Regulation No 1017/68, Art. 5)A decision which applies the competition rules to an agreement between undertakings in the rail transport sector must be annulled if the … Continue reading SNCF and British Railways v Commission: ECFI 22 Oct 1996
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The plaintiffs tried to restrain the defendant from pursuing an action in the US courts claiming that the plaintiffs had acted together in an unlawful conspiracy to undermine the defendant’s business. Held: The action in the US were unlawful under the Sherman and Clayton acts, but were not unlawful in English law. The English courts … Continue reading British Airways Board v Laker Airways Limited: HL 1985
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
Failure to Publish Contracts awards details Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under emergency conditions and provisions, but there remained a requirement that … Continue reading Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail . .’ ECJ 1. In the … Continue reading Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
The Minister had revoked the plaintiffs’ licence in order to protect English turkey producers against competition from French turkey producers, knowing that this was in breach of the UK’s obligations under article 30 of the EEC treaty, that the act . .
When deciding upon the terms upon which licenses for the use of patented drugs are to be granted, a member state must not take into account issues other than those properly involved in such decisions. Protection of existing licences were not a . .
Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
ECJ Questions submitted for a preliminary ruling – reference to the court – right of every national court – stage of the proceedings before the national court – nature of the decision to be given by the national . .
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
The applicant was an ethnic Albanian, whose application for asylum had been rejected on the ground that he had passed through Germany. The Dublin Convention did not create rights enforceable by individuals, its purpose is to produce a system which . .
Appeal by Royal Mail plc against a judgment of the Competition Appeal Tribunal dismissing RM’s appeal against a decision of the Office of Communications finding RM guilty of an abuse of its dominant position in the wholesale market for bulk mail delivery services contrary to section 18 of the Competition Act 1998 and Article 102 … Continue reading Royal Mail Plc v Office of Communications and Another: CA 7 May 2021
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly on the information Held: The appeal was upheld. ‘unfairness in pricing is … Continue reading Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007
The plaintiff sought to have the bank’s form of debenture deemed anti-competitive under the treaty and void. Held: The bank’s security finished when the sums due were repaid. It was not a clog on the equity of redemption. A provision against the freedom to give a second charge was appropriate because the charge was a … Continue reading Oakdale (Richmond) Limited v National Westminster Bank Plc: CA 6 Aug 1996
‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty. Citations: Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63 Jurisdiction: England and Wales Citing: Appeal from – Marchant and Eliot Underwriting Ltd … Continue reading Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
The claimant had been a partner in a firm of solicitors. They came to be suspected by the respondent of overclaiming legal aid payments and sums were withheld. For this and other reasons the practice folded, and the claimant became insolvent. He claimed that officers of the respondent had acted improperly, and claimed misfeasance in … Continue reading Iqbal v Legal Services Commission: CA 10 May 2005
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
INCOME TAX – appeal by the Appellant, an Irish resident company, against a refusal by the Respondents to repay to the Appellant income tax withheld at source in respect of interest paid on a debt owed by a UK resident company – refusal based on the Respondents’ view that Article 12(1) of the double tax … Continue reading Burlington Loan Management Dac v Revenue and Customs: FTTTx 22 Aug 2022
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree. Held: The appeal was allowed, and the decree of the Russian court accepted. Thorpe … Continue reading Golubovich v Golubovich: CA 21 May 2010
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant imported so-called ‘replica parts’ and said that the costs of such a scheme would be so disproportionate as to destroy … Continue reading Sel-Imperial Ltd v The British Standards Institution: ChD 23 Apr 2010
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979
The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work … Continue reading Morton v South Ayrshire Council: IHCS 14 Feb 2002
The 1956 Act implemented as part of the domestic law the treaty obligations of the United Kingdom under the International Convention Relating to the Arrest of Seagoing Ships signed at Brussels on 10 May 1952 (the Arrest Convention). Held: The fundamental rule for the arrest of a ship under the provisions of the Arrest Convention … Continue reading The Eschersheim; The Jade: HL 1976
The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said this was discriminatory under European law. The defendant said that … Continue reading Witkowska v Kaminski: ChD 25 Jul 2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city. Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. … Continue reading Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign as is as least as great as the immunity of an ambassador.’Brett … Continue reading The Parlement Belge: CA 1879
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119. Held: The scope of Article 119 EEC covers not only direct but also indirect discrimination. The difference between part-time and full-time work … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001
Three young children had been brought to England from Israel by their mother but without the consent of the father, who now sought their return. The mother claimed that the father had subsequently acquiesced in the removal. Both parents were orthodox Jews. The father said this had compelled him first to seek assistance from the … Continue reading In Re H and others (Minors): HL 10 Apr 1997
The claimant sought to add a claim under the regulations for compensation after termination of his agency for the defendants. The lower court had rejected his claim saying that the petrol products he sold were at a price fixed by Esso, and that since he did not negotiate the price he fell outside the regulations. … Continue reading Parks v Esso Petroleum Company Limited: CA 23 Jul 1999
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
An undertaking given on joining Lloyds is a sufficiently binding contract. Citations: Times 11-Jan-1994, [1995] CLC 117 Jurisdiction: England and Wales Citing: Appealed to – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994 It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The … Continue reading Society of Lloyds v Clementson, Same v Mason: ComC 11 Jan 1994
It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. Citations: Times 16-Nov-1994, Independent 11-Nov-1994 Statutes: EC Treaty Article 5 Jurisdiction: England and Wales Citing: Appeal from … Continue reading Society of Lloyd’s v Clementson and Another: CA 11 Nov 1994
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard terms – per se illegality – complex agreement – anti-competitive object – incidental restrictions on competition -effect on inter-Member State … Continue reading Marchant and Eliot Underwriting Ltd v Dr Higgins: ComC 24 Oct 1995
Justices were not to hear evidence on extradition of effect law of requesting country. Countries which are parties to an extradition treaty or the like have a mutual interest in seeing that persons who commit crimes in one country do not escape trial or punishment by fleeing abroad. The House described the legislative scheme: ‘There … Continue reading Re Evans: HL 7 Oct 1994
The court ws asked,in four appeals, as to the territorial scope of Article 101 of the Treaty on the Functioning of the European Union (‘Article 101’) and/or of Article 53 of the Agreement on the European Economic Area (‘Article 53’ and the ‘EEA’ respectively). Judges: Longmore, Henderson, Asplin DBE LJJ Citations: [2018] EWCA Civ 220 … Continue reading The LCD Appeals: CA 16 Feb 2018
The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations. Held: The Regulations, which sought to control … Continue reading Regina v Searby and Another: CACD 7 Jul 2003
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four issues arose: (i) the construction of the claims (in particular, Claim 3 as … Continue reading Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity. Held: Section 2(7) of the 1978 Act does not have the effect that only a submission by the … Continue reading Aziz v Republic of Yemen: CA 17 Jun 2005
The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s costs. These steps were taken on the instructions of the head of the organisation, Mr … Continue reading Baccus SRL v Servicio Nacional Del Trigo: CA 1956
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
The Claimant sought damages for breach of the Rome Treaty Articles 82 and 81. His shipping company had faced organised anti-competitive attempts by the respondents to put him out of business. Held: A cause of action for breach of a statutory duty first arises when the breach causes damage to the claimant: ‘In this connection … Continue reading Arkin v Borchard Lines Ltd and others: ComC 10 Apr 2003
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013
LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007
The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
The claimant had been vaccinated with a HIB vaccine. He was severely injured and it was said that the vaccine was the cause, and a claim made under the 1987 Act. Originally the claim was made against a UK company, but it should have been against that company’s parent company. When the correct company was … Continue reading OB v Aventis Pasteur SA: HL 11 Jun 2008
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
Diplock LJ said: ‘The Convention is one of those public acts of state of Her Majesty’s Government of which Her Majesty’s judges must take judicial notice if it be relevant to the determination of a case before them, if necessary informing themselves of such acts by inquiry of the appropriate department of Her Majesty’s Government. … Continue reading Salomon v Customs and Excise Commissioners: CA 1966
FTTTx SDRT – acquisition of target company as part of which overall transaction shares issued to exchange agent on trust for target’s ex-shareholders and subsequently ADRs issued to target’s ex-shareholders – whether SDRT charge on transfer of shares to issuer of ADRs was unlawful under the Capital Duties Directive and/or the Treaty – no reference … Continue reading HSBC Holdings Plc and The Bank of New York Mellon Corporation v Revenue and Customs: FTTTx 28 Feb 2012
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008
SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008
Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019
EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
A plaintiff can allege misfeasance in public office against a body such as a local authority or a government ministry. The tort was well establshed. . .
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – respondent resident in South Africa – whether income taxable as employment income under . .
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – appellant resident in South Africa – whether income taxable as employment income under . .
Mummery J set out the correct approach to interpretation of double taxation agreements as laid down in Fothergill. He said ‘(1) It is necessary to look first for a clear meaning of the words used in the relevant article of the convention, bearing in . .
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
