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A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014

Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied and run by British military personnel. It was … Continue reading Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

Sims v Dacorum Borough Council: SC 12 Nov 2014

Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014

Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009

The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. Held: The defendants’ appeal was allowed. The court may grant an injunction to prevent … Continue reading Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Rubin and Another v Eurofinance Sa and Others: SC 24 Oct 2012

The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in England. The appeals also raise the question whether enforcement may be effected … Continue reading Rubin and Another v Eurofinance Sa and Others: SC 24 Oct 2012

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Director General of Fair Trading v First National Bank: HL 25 Oct 2001

The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001

Hamilton v Al Fayed and Others (No 2): CA 17 May 2002

The claimant had lost a libel action and been bankrupted. The defendant sought to recover his costs from those who had financially supported the claimant. He now appealed a dismissal of his request for contributions. Held: An order for the payment of costs by a n’oure funder’ on-party will always be exceptional. ‘Exceptional’ means as … Continue reading Hamilton v Al Fayed and Others (No 2): CA 17 May 2002

Brewster, Re Application for Judicial Review (Northern Ireland): SC 8 Feb 2017

Survivor of unmarried partner entitled to pension The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not done this. Held: Her … Continue reading Brewster, Re Application for Judicial Review (Northern Ireland): SC 8 Feb 2017

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999

Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999

Policie CR, Krajske reditelstvi policie Usteckeho kraje, odbor cizinecke policie v Al Chodor and Others: ECJ 15 Mar 2017

Police detention of Immigrants to follow rules ECJ (Judgment) Reference for a preliminary ruling – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 28(2) – Detention for the purpose of transfer – Article 2(n) – Significant risk of … Continue reading Policie CR, Krajske reditelstvi policie Usteckeho kraje, odbor cizinecke policie v Al Chodor and Others: ECJ 15 Mar 2017

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 25 Feb 2015

Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute funds allocated to the United Kingdom for the years 2014 to 2020. The … Continue reading Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 25 Feb 2015

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Fairclough Homes Ltd v Summers: SC 27 Jun 2012

The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012

Sharland v Sharland: SC 14 Oct 2015

The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court orders, or is there some special magic about orders made in matrimonial proceedings, which means … Continue reading Sharland v Sharland: SC 14 Oct 2015

Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014

Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014

Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

The parties, the plaintiff who was the equitable assignee of performing rights and the infringing defendant, joined specific issue on the absence of the legal owner of the rights. Held: His absence was critical. PRS failed to obtain a perpetual injunction against music hall proprietors to prevent unlicensed public performances of ‘the Devonshire Wedding’ and … Continue reading Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976

Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999

References: [1999] EWCA Civ 3010, [2000] 1 WLR 354, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241 Links: Bailii Coram: Lord Woolf MR Ratio:An appellant failed to use the prescribed form for his appeal, contrary to the Immigration Appeals (Procedure) Rules. There had not been substantial compliance with the Rules, although … Continue reading Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999

J J Lloyd Instruments Ltd v Northern Star Insurance Co Ltd ‘The Miss Jay Jay’: 1985

References: [1985] 1 Lloyd’s Rep 264 Coram: Mustill J Mustill J considered liability under a marine insurance where damage was suffered when the sea state was within what might reasonably be anticipated: ‘The cases make it quite plain that if the action of the wind or sea is the immediate cause of the loss, a … Continue reading J J Lloyd Instruments Ltd v Northern Star Insurance Co Ltd ‘The Miss Jay Jay’: 1985

Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’): CA 2002

References: [2002] 2 Lloyd’s Rep 293, [2002] EWCA Civ 509, [2002] 2 All ER (Comm) 97 Links: Bailii Coram: Mance LJ, Thorpe LJ, Neuberger J Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches … Continue reading Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’): CA 2002

Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

D’Orta-Ekenaike v Victoria Legal Aid; 10 Mar 2005

References: [2005] HCA 12, (2005) 223 CLR 1, (2005) 214 ALR 92, (2005) 79 ALJR 755 Links: Austlii (High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First … Continue reading D’Orta-Ekenaike v Victoria Legal Aid; 10 Mar 2005

Illinois State Board Of Elections v Socialist Workers Party Et Al; 22 Feb 1979

References: [1979] USSC 27 Links: Worldlii Coram: Marshall J Ratio United States Supreme Court – Under the Illinois Election Code, new political parties and independent candidates must obtain the signatures of 25,000 qualified voters in order to appear on the ballot in statewide elections. However, the minimum number of signatures required in elections for offices … Continue reading Illinois State Board Of Elections v Socialist Workers Party Et Al; 22 Feb 1979

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

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