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Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

The applicants were all either employees of or volunteers for Greenpeace. They were charged with a number of offences relating to the boarding of a cargo ship. They were acquitted but the trial judge refused to award the applicants their costs in the criminal proceedings. They complained that the refusal to award them their costs … Continue reading Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of … Continue reading ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

ECJ Appeal – Common foreign and security policy (CFSP) – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by … Continue reading United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

Pilkington Group Ltd v European Commission: ECFI 11 Mar 2013

ECJ Interim relief – Competition – Publication of a decision finding an infringement of Article 81 EC – Rejection of request for confidential treatment of information allegedly covered by business secrecy – Application for interim measures – Urgency – Prima facie case – Weighing up of interests Citations: T-462/12, [2013] EUECJ T-462/12, [2015] EUECJ T-462/12 … Continue reading Pilkington Group Ltd v European Commission: ECFI 11 Mar 2013

Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013

ECFI Customs union – Imports of bananas from Ecuador – Post-clearance recovery of import duties – Request for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 – Error by the customs authorities – Obvious negligence on the part of the interested party Citations: T-324/10, [2013] EUECJ T-324/10 Links: … Continue reading Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013

Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport: Admn 15 Mar 2013

The claimants challenged the strategy published by the government for the development of the propose HS2 railway line, saying that it required first a strategic environmentalimpact assessment under European law. Held: The claim failed. The strategy as published did not constrain in any way the decision making processes which might follow: ‘The very concept of … Continue reading Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport: Admn 15 Mar 2013

Working Links (Employment) Ltd v Public and Commercial Services Union: EAT 12 Mar 2013

EAT REDUNDANCY – Collective consultation and information The evidence to support a conclusion that a trade union has been recognised by an employer for collective bargaining purposes within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be clear. The Employment Judge erred in deciding that the Claimant … Continue reading Working Links (Employment) Ltd v Public and Commercial Services Union: EAT 12 Mar 2013

Kingston Upon Hull City Council v Bogdal: CA 24 Feb 1998

The applicant had been involved in the construction of what was to be a nursing home. In the course of construction, it was inspected, and works were required and undertaken by the local authority. He sold on the property, but the authority now sought to recover the costs from him. Held: The statutory scheme did … Continue reading Kingston Upon Hull City Council v Bogdal: CA 24 Feb 1998

Wynne v United Kingdom: ECHR 18 Jul 1994

A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994

Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: [2000] ECHR 91 Links: Bailii Statutes: European Convention on Human Rights 5 6.1 Citing: Conjoined Hearing – Jasper v The United Kingdom ECHR 16-Feb-2000 Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from … Continue reading Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

European Commission v Kingdom of Spain: ECJ 28 Feb 2013

ECJ Failure of a Member State to fulfil obligations – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of charges – Charges – Management independence Judges: A. Tizzano, P Citations: C-483/10, [2013] EUECJ C-483/10 Links: Bailii Statutes: Directive 2001/14/EC European, Transport Updated: 14 November 2022; Ref: scu.471525

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013

The claimants alleged unfair in their trial after admission in evidence of statements of witnesses who had died before the trial. Citations: 4184/10 – HECOM, [2013] ECHR 146 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At SC – Horncastle and Others, Regina v SC 9-Dec-2009 Each defendant said they had … Continue reading Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013

Maitland, Regina (on the Application of) v Parking Appeals Service and Another: Admn 12 Jun 2006

The claimant sought permission to challenge a decision of the Parking and Traffic Appeals Service not to review a decision of the Parking Adjudicator. He said that the relevant signage was unclear. Held: The appeal raised no points of law and was dismissed. Judges: Dobbs J Citations: [2006] EWHC 2171 (Admin) Links: Bailii Jurisdiction: England … Continue reading Maitland, Regina (on the Application of) v Parking Appeals Service and Another: Admn 12 Jun 2006

Bydand Limited v Mark Feldman and Co (a Firm) Buckinghamshire County Council: CA 27 Jan 1998

Citations: [1998] EWCA Civ 74 Jurisdiction: England and Wales Citing: Appeal from – Bydand Ltd (In Liquidation) ChD 13-Mar-1997 The applicant sought to have rescinded a winding up order made on 22 January 1997 in respect of a company called Bydand Ltd in respect of liability orders made for arrears of council tax. Held: The … Continue reading Bydand Limited v Mark Feldman and Co (a Firm) Buckinghamshire County Council: CA 27 Jan 1998

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

Falles Fagligt Forbund v Kingdom Of Denmark: ECJ 24 Jan 2013

ECJ Appeal – State aid – Tax-reduction measures – Seafarers working on board vessels registered in the Danish International Register – Article 88(3) EC – Preliminary examination stage – Commission decision not to raise objections – Action for annulment – Conditions for initiating the formal investigation procedure – Existence of doubts regarding the compatibility of … Continue reading Falles Fagligt Forbund v Kingdom Of Denmark: ECJ 24 Jan 2013

European Commission v Kingdom Of Spain: ECJ 24 Jan 2013

ECJ Failure of a Member State to fulfil obligations – State aid incompatible with the common market – Obligation of recovery – Failure to comply with a Commission Decision – Objection of inadmissibility – Res judicata by means of a previous judgment of the Court Judges: A. Tizzano, P Citations: C-529/09, [2013] EUECJ C-529/09 Links: … Continue reading European Commission v Kingdom Of Spain: ECJ 24 Jan 2013

Kevin Fox v United Kingdom: ECHR 20 Mar 2012

The claimant said that he had been severely assaulted by police officers when being arrested. He had been ‘tasered’ four times at least. The taser had been applied directly to the skin, rater than from a distance, and psychiatrist compared it to ‘extreme electro-convulsive therapy’. He was refused judicial review after the police investigation of … Continue reading Kevin Fox v United Kingdom: ECHR 20 Mar 2012

Royal Borough of Kingston Upon Thames (Local Government): ICO 4 Jan 2022

The complainant requested information relating to a review of parking undertaken by the Royal Borough of Kingston upon Thames (the Council). The Council took two months to issue a substantive response. The Commissioner’s decision is that the Council failed to comply with regulation 5(2) of the EIR. Since the Council has now issued a response … Continue reading Royal Borough of Kingston Upon Thames (Local Government): ICO 4 Jan 2022

Harman v United Kingdom: ECHR 11 May 1984

ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984

O’Neill v The United Kingdom: ECHR 13 Nov 2012

Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012

The Bampton Property Group Ltd and Others, Regina (on The Application of) v King: CA 21 Dec 2012

Public law challenge to the decision-making process of the Commissioners for Her Majesty’s Revenue and Customs (‘HMRC’). The decision in question was to refuse the appellants, all members of a property investment group of companies, headed by a publicly-listed company called Daejan Holdings plc (‘Daejan’), an extension of time to make claims to offset losses … Continue reading The Bampton Property Group Ltd and Others, Regina (on The Application of) v King: CA 21 Dec 2012

Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

The claimants challenged search warrants and the seizure of materials under the warrants. Held: The Court emphasised the need for precision within the warrant itself. Judges: Sir John Thomas P QB, Wilkie J Citations: [2012] EWHC 3745 (Admin), [2013] 1 WLR 2706 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 9, Criminal Justice and … Continue reading Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

Hewitt and Harman v United Kingdom: ECHR 1991

(Commission) When asking whether an action about which complaint is made is ‘according to law’, it is the quality of the law that matters rather than the form it takes which matters. As to the case of Malone, it ‘elucidated the concept of foreseeability and highlighted its importance as a safeguard against the arbitrary application … Continue reading Hewitt and Harman v United Kingdom: ECHR 1991

Harley and Another v King: 1835

Citations: [1835] EngR 110, (1835) 2 CrM and R 18, (1835) 150 ER 8 Links: Commonlii Jurisdiction: England and Wales Landlord and Tenant Updated: 10 November 2022; Ref: scu.315618

Redrow Regeneration (Barking) Ltd and Another v Edwards and Others: UTLC 22 Oct 2012

UTLC LANDLORD AND TENANT – service charge – preliminary issue – construction of term in lease – LVT holding onus on landlord to establish case on meaning and that meaning uncertain – held that this approach wrong – appeal allowed Judges: Lindblohm P Citations: [2012] UKUT 373 (LC) Links: Bailii Jurisdiction: England and Wales Landlord … Continue reading Redrow Regeneration (Barking) Ltd and Another v Edwards and Others: UTLC 22 Oct 2012

Ali v The United Kingdom: ECHR 7 Nov 2012

The applicant had sought and been accepted for emergency housing assistance, but having refused the accomodation offered, and the Authority said that it had fulfilled its duty to her. Citations: 40378/10 – HECOM, [2012] ECHR 1969 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Tsfayo v The United Kingdom ECHR 14-Nov-2006 The … Continue reading Ali v The United Kingdom: ECHR 7 Nov 2012

Greene King Plc and Another v Revenue and Customs: FTTTx 14 Jun 2012

FTTTx Corporation Tax – accounting treatment of intra-group transactions – loan relationship provisions – FA 1996, Part IV, Ch II- whether accounting treatment adopted GAAP compliant – no – FRS 5, 18 -interest strip – whether principal should be partially de-recognised in creditor’s accounts – yes – whether receipts of stripped interest within FA 1996 … Continue reading Greene King Plc and Another v Revenue and Customs: FTTTx 14 Jun 2012

Nilsen v United Kingdom: ECHR 9 Mar 2010

The applicant had been convicted of the most serious offences including several violent murders, and was held under a whole life tarriff. He wished to publish his autobiography from prison. Held: The application was inadmissible. He had nothing serious to say in the public interest, although the policy applied in his case would not have … Continue reading Nilsen v United Kingdom: ECHR 9 Mar 2010

Atabo v Kings College London and others Newman, Methven, Law: CA 19 Apr 2007

The claimant sought leave to appeal dismissal of her claim for discrimination, saying that the EAT had missapplied the test in Madarassy and associated cases on the burden of proof. Held: ‘the applicant did not make out a prima facie case of discrimination on the facts. It was therefore wholly unnecessary for the Tribunal artificially … Continue reading Atabo v Kings College London and others Newman, Methven, Law: CA 19 Apr 2007

Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997

The applicant appealed a refusal of leave to apply for judicial review of a cancellation of the registration of her former nursing home. Held: Since the registrant herself no longer intended to operate a nursing home the application must inevitably fail. Review refused. Citations: [1997] EWCA Civ 2435 Statutes: Registered Homes Act 1984 10 11 … Continue reading Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Bogdal: CA 7 Oct 1997

King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

Buckinghamshire County Council (Local Government): ICO 5 Mar 2020

The complainant has requested from Buckinghamshire County Council (‘the Council’), information in relation to a report taken during a meeting after a reported safeguarding concern. The Council provided the complainant with her own personal information, extracted from the report, but advised that it was withholding the rest of the information under section 40(2) of the … Continue reading Buckinghamshire County Council (Local Government): ICO 5 Mar 2020

Kingdom of Spain v European Commission: ECFI 21 Nov 2012

ECFI Fisheries – Measures for the conservation of living aquatic resources – Article 105 of Regulation (EC) No 1224/2009 – Deductions from quotas allocated for a given year on account of overfishing in previous years – Temporal application – Legal certainty – Interpretation guaranteeing compliance with primary law – Principle that penalties must have a … Continue reading Kingdom of Spain v European Commission: ECFI 21 Nov 2012

Van Colle v The United Kingdom: ECHR 13 Nov 2012

Judges: Lech Garlicki, P Citations: 7678/09 – HEJUD, [2012] ECHR 1928, (2013) 56 EHRR 23 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in … Continue reading Van Colle v The United Kingdom: ECHR 13 Nov 2012

Redfearn v The United Kingdom: ECHR 6 Nov 2012

The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012

Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012

EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act … Continue reading Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012

Stokes v The United Kingdom: ECHR 18 Oct 2012

The applicant complained of the failure to protect her article 8 rights. As a traveller and heavily pregnant she had been obliged to vacate her temporary pitch. Citations: 65819/10 – HECOM, [2012] ECHR 1862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Housing, Land Updated: 06 November 2022; Ref: scu.465579

Donovan v London Borough of Barking and Dagenham: CA 26 Oct 2012

Renewed application for permission to appeal. The claimant had worked for the respondent with a role in its Housing Developments and Partnerships department, in which by 2006 she became a team leader. In 2009 she brought employment tribunal proceedings against it, complaining of sex and race discrimination, harassment and detriment on the grounds that she … Continue reading Donovan v London Borough of Barking and Dagenham: CA 26 Oct 2012