Search Results for: Art 24 EC

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Ansty Parish Council (Local Government): ICO 24 Sep 2018

The complainant has requested a copy of a report carried out by a firm of chartered surveyors. The Commissioner’s decision is that Ansty Parish Council does not hold the requested information. However, it failed to issue a response within 20 working days and failed to carry out a reconsideration of its response within 40 working … Continue reading Ansty Parish Council (Local Government): ICO 24 Sep 2018

In re Sutherland, dec’d; Winter v Inland Revenue Commissioners: HL 1963

The concept of a contingent liability was considered. Held: In Scots law, a contingent liability is a liability which, by reason of something done by the person bound, may or may not arise depending on the happening of a future event. Lord Guest said: ‘The purpose of section 7(5) . . is to value the … Continue reading In re Sutherland, dec’d; Winter v Inland Revenue Commissioners: HL 1963

WM (Democratic Republic of Congo) v The Secretary of State for the Home Department; The Secretary of State for the Home Department v AR (Afghanistan): CA 9 Nov 2006

The court set out the conditions for reviewing a decision by the Home Secretary to reject a renewed application for asylum. He should ask whether an adjudicator applying anxious scrutiny would think the applicant would be exposed to a real risk of persecution, and in respect both of the evaluations and the appropriate inferences in … Continue reading WM (Democratic Republic of Congo) v The Secretary of State for the Home Department; The Secretary of State for the Home Department v AR (Afghanistan): CA 9 Nov 2006

GO (Colombia) v Secretary of State for the Home Department: CA 5 Oct 2006

The asylum claimant’s daughter had been granted asylum because of fear of persecution for her connection with her father who was a Colombian policemen in fear of drugs gangs. He appealed refusal of his own application. Held: The principles of res judicata or issue estoppel had no proper place in appeals before immigration tribunals, and … Continue reading GO (Colombia) v Secretary of State for the Home Department: CA 5 Oct 2006

Regina v Secretary of State for Health, Ex parte Hackney London Borough Council: CA 29 Jul 1994

Judges: Sir Thomas Bingham MR Citations: Unreported 29 July 1994, Court of Appeal (Civil Division) Transcript No 1037 of 1994 Jurisdiction: England and Wales Cited by: Cited – Tweed v Parades Commission for Northern Ireland HL 13-Dec-2006 (Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent … Continue reading Regina v Secretary of State for Health, Ex parte Hackney London Borough Council: CA 29 Jul 1994

Kanlibas v Turkey: ECHR 8 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 2 (in its procedural aspect); Violation of Art. 3 (in its procedural aspect); No separate issue under Art. 3; Non pecuniary damage – financial award in respect of applicant as well his brother’s beneficiaries; Costs and expenses partial award – Convention proceedings. Citations: 32444/96, [2005] … Continue reading Kanlibas v Turkey: ECHR 8 Dec 2005

Wong Kam-Ming v The Queen: PC 20 Dec 1978

The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence in the trial of the general issue. The committee confirmed the rule excluding from … Continue reading Wong Kam-Ming v The Queen: PC 20 Dec 1978

MacKinlay (Inspector of Taxes) v Arthur Young McClelland Moores and Co: HL 23 Nov 1989

Expenditure does not qualify for deduction if the object of the expenditure was to serve another private purpose in addition to the business purpose for which it was purportedly incurred. HL Income Tax – Schedule D Case II – Computation of partnership profits – Large firm of Accountants – Reimbursement of removal expenses of partners … Continue reading MacKinlay (Inspector of Taxes) v Arthur Young McClelland Moores and Co: HL 23 Nov 1989

Invest Northern Ireland (Decision Notice): ICO 24 Jul 2006

ICO The complainant requested information regarding the sale of shares in Invest NI. Some information was provided, but some was withheld on the grounds that the information was exempt under sections 36 (prejudice to effective conduct of public affairs) and 43 (prejudice to commercial interests). With respect to both exemptions the public interest favoured maintaining … Continue reading Invest Northern Ireland (Decision Notice): ICO 24 Jul 2006

Cabinet Office (Decision Notice) FS50085720: ICO 22 Dec 2009

ICO The complainant asked the public authority for a copy of the Cabinet Office’s Manual of Protective Security. The public authority provided some sections of the Manual but withheld other parts, citing the exemptions contained in sections 21(1), 23(1), 24(1), 27(1)(a), 31 and 36(2)(c) of the Freedom of Information Act 2000 (‘the Act’). After the … Continue reading Cabinet Office (Decision Notice) FS50085720: ICO 22 Dec 2009

Department for Culture Media and Sport (Decision Notice): ICO 22 Dec 2009

ICO The complainant requested information from the Department for Culture, Media and Sport (DCMS) concerning the takeover of Chelsea Football Club in 2003. DCMS refused to release this information because in the reasoned opinion of a qualified person it was exempt under section 36(2)(b) of the Act. Also, it argued that the public interest in … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 22 Dec 2009

Metropolitan Police Service (Decision Notice): ICO 3 Mar 2011

The complainant requested information from the Metropolitan Police Service (MPS) about people convicted under the refusal to decrypt legislation. The MPS ultimately confirmed it held information within the scope of the request but withheld it citing the exemptions in sections 40(2) (personal information) and 30(1) (investigations and proceedings). It also neither confirmed nor denied that … Continue reading Metropolitan Police Service (Decision Notice): ICO 3 Mar 2011

Masterguard Security Services Ltd v Customs and Excise: VDT 4 Jun 2004

VDT VALUE ADDED TAX – input tax – motor cars – whether recovery of input tax on acquisition blocked – VAT (Input Tax) Order 1992, art 7 – cars kept available for business use 24 hours a day – whether private use effectively excluded – yes – appeal allowed Citations: [2004] UKVAT V18631 Links: Bailii … Continue reading Masterguard Security Services Ltd v Customs and Excise: VDT 4 Jun 2004

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004

The applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004

Commission v Netherlands: ECJ 24 Jun 2004

ECJ Failure of a Member State to fulfil its obligations – Processing of personal data and the protection of privacy in the electronic communications sector – Articles 6 and 9 of Directive 97/66/EC – Requirement for specific statement of grounds of complaint in the reasoned opinion Citations: C-350/02, [2004] EUECJ C-350/02 Links: Bailii Statutes: Directive … Continue reading Commission v Netherlands: ECJ 24 Jun 2004

Archer and Watkins v Registrar General and Another: PC 24 Jun 2004

(The Bahamas) The claimants challenged the way the respondent had allowed a company to alter its register of shareholders to their detriment. Held: The responsibility for maintaining the share register rested on the company and its officers, and not on the respondent registrar. Appeal dismissed. Judges: Lord Bingham of Cornhill, Lord Hope of Craighead, Lord … Continue reading Archer and Watkins v Registrar General and Another: PC 24 Jun 2004

Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica): PC 14 Jun 2004

(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect. Held: The amended award following remittal was not a new award. In general on such a remittal, the arbitrator’s powers were limited to the terms of the … Continue reading Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica): PC 14 Jun 2004

Secretary of State for Trade and Industry v Frid: HL 13 May 2004

The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004

N v the Secretary of State for the Home Department: CA 16 Oct 2003

The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003

West Midlands Passenger Transport Executive v Singh: CA 1988

The court identified ‘a conscious or unconscious racial attitude which involves stereotyped assumptions’ underlying discrimination. Statistical evidence may be used to establish a discernible pattern in the treatment of a particular group such as to give rise to an inference of discrimination. Judges: Balcombe LJ Citations: [1988] 1 WLR 730, [1988] ICR 614 Jurisdiction: England … Continue reading West Midlands Passenger Transport Executive v Singh: CA 1988

Walker, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jun 2010

The claimant sought judicial review of decisions to refuse leave to remain without granting a right of appeal, and of the Immigration Tribunal to accept that any appealable decision had been made. Judges: Beatson J Citations: [2010] EWHC 2473 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 10 June 2022; Ref: scu.425202

Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department: QBD 6 Apr 2004

A particular statutory or contractual context may require the phrase ‘on behalf of’ to be read more widely as meaning ‘in the place of’, or ‘for the benefit of’ or ‘in the interests of’. Judges: The Honourable Mr Justice Collins Citations: [2004] EWHC 724 (Admin) Links: Bailii Cited by: Appeal from – Regina (Cherwell District … Continue reading Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department: QBD 6 Apr 2004

Rockwater Ltd v Technip France Sa (Formerly Coflexip Sa), Technip Offshore UK Limited (Formerly Coflexip Stena Offshore Limited): CA 1 Apr 2004

Judges: Pill LJ, Mummery LJ, Jacob LJ Citations: [2004] EWCA Civ 381, [2004] RPC 46 Links: Bailii Jurisdiction: England and Wales Cited by: Doubted in part – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004 The claims arose in connection with the validity and alleged infringement of a European … Continue reading Rockwater Ltd v Technip France Sa (Formerly Coflexip Sa), Technip Offshore UK Limited (Formerly Coflexip Stena Offshore Limited): CA 1 Apr 2004

Regina (Gibson and Another) v Winchester Crown Court: QBD 24 Feb 2004

The defendant challenged extension of the custody time limit, saying that the prosecuting authorities had not acted with due diligence to take the case forward. Held: Though the prosecutor had not acted as required, in this case the actual reason for the delay lay at the feet of the court, and the prosecution’s failure had … Continue reading Regina (Gibson and Another) v Winchester Crown Court: QBD 24 Feb 2004

The Secretary of State for the Home Department v M: CA 18 Mar 2004

The applicant had been detained under the appellant’s certificate that he was a suspected terrorist. Held: The fact that there were suspicions surrounding the detainee did not mean that those suspicions were necessarily reasonable suspicions as required by the Act. Though a detainee could leave this country as an alternative to detention, his safe removal … Continue reading The Secretary of State for the Home Department v M: CA 18 Mar 2004

Forthright (Wales) Limited v A L Davies (HM Inspector of Taxes): ChD 18 Mar 2004

The inspector disallowed a claim for enterprise investment relief, saying that not all the funds raised were to be used for a qualifying purpose. Held: The proceeds of a share issue had been used in part to pay a dividend. The issue did not qualify. The inspector’s refusal yto authorise exemption was a decision refusing … Continue reading Forthright (Wales) Limited v A L Davies (HM Inspector of Taxes): ChD 18 Mar 2004

Emerson (Executrix of James Henry Emerson) v Estate of Thomas Matthew Emerson: CA 5 Feb 2004

Two brothers farmed in partnership. The partnership was dissolved in 1998 on the death of one brother, but the business continued. The farm was affected by the foot and mouth outbreak in 2001, and the second brother died shortly after. Compensation became payable, and the two sets of executors sought directions as to how the … Continue reading Emerson (Executrix of James Henry Emerson) v Estate of Thomas Matthew Emerson: CA 5 Feb 2004

British Sugar v Intervention Board for Agricultural Produce: ECJ 19 Feb 2004

CJ Agriculture – Common organisation of the markets – Sugar – Regulation (EEC) No 2670/81 – Proof of export – Regulation (EEC) No 3719/88 – Correction of an export licence – Obvious inaccuracy – Principle of proportionality. Citations: C-329/01, [2004] EUECJ C-329/01, [2004] ECR I-1899 Links: Bailii Statutes: Regulation (EEC) No 3719/88, Regulation (EEC) No … Continue reading British Sugar v Intervention Board for Agricultural Produce: ECJ 19 Feb 2004

Cartwright and Knowles v The Superintendant of Her Majesty’s Prison and The Government of the United States of America: PC 10 Feb 2004

PC (Bahamas) A warrant for extradition had been held to be void, and the prisoners released. It was argued that the US government had no right of appeal. Held: Section 17(3) of the Court of Appeal Act was applicable. Lord Steyn said that ‘[t]he correct approach is to ask, against the relevant context, what the … Continue reading Cartwright and Knowles v The Superintendant of Her Majesty’s Prison and The Government of the United States of America: PC 10 Feb 2004

Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004

The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating. Held: The outbuilding to which alterations were made must have been a ‘protected building’. Note (1) defines a protected building as both ‘a building which is … Continue reading Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004

Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department: Admn 13 Feb 2004

Judges: Hooper J Citations: [2004] EWHC 243 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – In re McFarland HL 29-Apr-2004 The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following … Continue reading Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department: Admn 13 Feb 2004

HA (Article 3-Refugee-Adultery-Punishment) Iran CG: IAT 17 Oct 2003

The Secretary of State appealed against refusal of an order for the return of the claimant to Iran. He had been discovered having adulterous sex and sentenced to death by stoning. The expert evidnce was tat if returned there was a high chance of the sentence being carried out. Citations: [2003] UKIAT 00095 Links: Bailii … Continue reading HA (Article 3-Refugee-Adultery-Punishment) Iran CG: IAT 17 Oct 2003

Glendinning v Board of Agriculture for Scotland: HL 24 Jan 1918

In the absence of full argument on the question of the competency of an action, no plea being tabled, the House of Lords, in a doubtful case, did not decline jurisdiction but entertained the action, holding the point open for future argument and decision. In an arbitration under the Small Landholders (Scotland) Act 1911 to … Continue reading Glendinning v Board of Agriculture for Scotland: HL 24 Jan 1918

Ali v Secretary of State for The Home Department: CA 27 Jun 2018

The sole issue on this appeal is how time spent studying courses is to be calculated for the purpose of paragraph 245ZX(h) of the Immigration Rules as the wording of that provision stood on 21 November 2013, when the appellant was refused leave to remain in the United Kingdom. Citations: [2018] EWCA Civ 2220 Links: … Continue reading Ali v Secretary of State for The Home Department: CA 27 Jun 2018