Search Results for: Art 24 EC

Click the case name for better results:

G v Secretary of State for the Home Department (Ethiopia): IAT 28 Aug 2003

IAT The appellant is or may be a citizen of Ethiopia or Eritrea. She has been given leave to appeal the determination of an Adjudicator, Miss M N Lingard, dismissing her appeal against the respondent’s decision to give directions for her removal from the United Kingdom to Eritrea following the refusal of asylum. Judges: P … Continue reading G v Secretary of State for the Home Department (Ethiopia): IAT 28 Aug 2003

Beximco Pharmaceuticals Ltd, Bangladesh Export Import Co Ltd, Rahman,and others v Shamil Bank of Bahrain Ec: CA 28 Jan 2004

A contract provided that it was to be governed by the law of England and Wales, but ‘subject to the principles of the Glorious Sharia’a’ It was a loan agreement made under the system of Morabha. The defendant said that since the agreements charged interest which was forbidden as Riba and contrary to the Sharia, … Continue reading Beximco Pharmaceuticals Ltd, Bangladesh Export Import Co Ltd, Rahman,and others v Shamil Bank of Bahrain Ec: CA 28 Jan 2004

South Stoke Parish Council (Decision Notice): ICO 24 Nov 2005

On 26/3/05 the complainant requested information held by South Stoke Parish Council relating to the Fullers Earth Site, covering the period from 1/8/03 to the present day. The Council sent responses on 20/4/05, 1/6/05 and 4/6/05. In these responses, the Council did not confirm or deny whether the information specified in the request was held, … Continue reading South Stoke Parish Council (Decision Notice): ICO 24 Nov 2005

Department for International Development (Decision Notice): ICO 26 Apr 2011

The complainant asked the Department for International Development (DFID) for information about its response to a report which had raised concerns about investments made by DFID and its partner organisation CDC, formerly the Commonwealth Development Corporation, including notes and minutes of meetings, reports by DFID’s Counter Fraud Unit and correspondence with CDC. DFID initially refused … Continue reading Department for International Development (Decision Notice): ICO 26 Apr 2011

Numast and Another v P and O Scottish Ferries and 14 Others: EAT 24 Feb 2005

Section 2 of the European Communities Act does not render ultra vires the extension of TUPE protection to workers for whom it is not required by the Acquired Rights Directive (in this case, seafarers employed in a ferry service). On the facts the tribunal were entitled to find that there had been a transfer of … Continue reading Numast and Another v P and O Scottish Ferries and 14 Others: EAT 24 Feb 2005

Gerolsteiner Brunnen v Putsch: ECJ 7 Jan 2004

There was a conflict between the registered mark Gerri (for inter alia mineral water) and an alleged infringement ‘Kerry Spring’ for Irish mineral water from the Kerry Spring sold by a company called Kerry Spring Water. The referring court held ‘Gerri’ and ‘Kelly’ confusingly similar (by reason of aural confusion) and that there would be … Continue reading Gerolsteiner Brunnen v Putsch: ECJ 7 Jan 2004

Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M: CA 18 Dec 2003

The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He appealed against refusal of a request for leave to serve the defendant outside the jurisdiction.Mance LJ … Continue reading Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M: CA 18 Dec 2003

Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003

The company was 100% owned by its designer. He purported to retain the design right. Held: The designer held the rights in trust for the company. An assignment by a shareholder holding all the shares in a company was possible, but not when the act would be ultra vires the company. Judges: Waller, Longmore, LJJ, … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003

Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002

The defendant appealed against his conviction for driving with excess alcohol. He said that the machine used to measure the alcohol in his breath did not have type approval. The schedule to Approval 1998 for the purposes of section 7(1)(a) of the Road Traffic Act referred to ‘the device known as the Intoximeter EC/IR manufactured … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002

Kmetty v Hungary: ECHR 13 Dec 2011

Citations: [2011] ECHR 2401, 57967/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: SeeAlso – Kmetty v Hungary ECHR 16-Dec-2003 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedings . . Lists of cited by and … Continue reading Kmetty v Hungary: ECHR 13 Dec 2011

Pitts v The Personal Representatives of Mark James Hunt (Deceased) and Another: CA 1990

The plaintiff and a friend had spent the evening drinking at a disco before setting off on the friend’s motorcycle. The plaintiff was aware that the motorcyclist was neither licensed to ride a motorcycle nor insured. During the journey, the plaintiff had encouraged the cyclist to ride in a fast, reckless and hazardous manner, with … Continue reading Pitts v The Personal Representatives of Mark James Hunt (Deceased) and Another: CA 1990

Adidas-Salomon AG and Another v Fitnessworld Training Ltd: ECJ 23 Oct 2003

The claimants had trade marks consisting of three parallel lines of contrasting colour to the underlying garment. They alleged infringement by the use of similar designs with two lines by the defendant. The directive allowed member states to elect to allow a proprietor of a mark to prevent third parties from using the sign for … Continue reading Adidas-Salomon AG and Another v Fitnessworld Training Ltd: ECJ 23 Oct 2003

DF v Chief Constable of Norfolk Police Secretary of State for Home Department: Admn 15 Aug 2002

A prisoner serving a life sentence challenged the decision of the Prison Service to refuse to admit him to a witness protection unit and contended that the Norfolk Police had failed in their duty to provide appropriate information to the Prison Service. Held: The decision was quashed. The duty to protect the life of a … Continue reading DF v Chief Constable of Norfolk Police Secretary of State for Home Department: Admn 15 Aug 2002

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The … Continue reading Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

M25 Group Limited v Tudor and others: CA 4 Dec 2003

Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants’ addresses as required under the Act. Held: The addresses were known or readily available to the landlord, and the notices were not invalid. The court could consider … Continue reading M25 Group Limited v Tudor and others: CA 4 Dec 2003

Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive … Continue reading Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

Pant v Secretary of State for the Home Department: CA 21 Nov 2003

The applicant had failed in her application for asylum. The court ordered the respondent to investigate arrest warrants issued against the applicant by her home country. That was not done, and there were other defects in the order. She now sought leave to appeal. Held: There were unsatisfactory elements in the original decision and in … Continue reading Pant v Secretary of State for the Home Department: CA 21 Nov 2003

Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he … Continue reading Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

Commissioner of Public Works v Hills: PC 24 May 1906

(Cape of Good Hope) A railway construction contract provided that in the event of a breach by the contractor he should forfeit ‘as and for liquidated damages’ certain percentages retained by the Government of the Cape of Good Hope of money payable for work done as a guarantee fund to answer for defective work and … Continue reading Commissioner of Public Works v Hills: PC 24 May 1906

Haggis v Director of Public Prosecutions: Admn 7 Oct 2003

Citations: [2003] EWHC 2481 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Harvey Shopfitters Ltd v ADI Ltd CA 13-Nov-2003 The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have … Continue reading Haggis v Director of Public Prosecutions: Admn 7 Oct 2003

BMBF (No 24) Limited v the Commissioners of Inland Revenue: CA 6 Nov 2003

The taxpayer, a non-resident, operated a sale and lease back scheme of machinery to be used in its business within the UK. There had been a chain of leases. Held: The court had first to identify the ‘relevant lease’. It was the head lease which was the lease of the machinery on which the expemse … Continue reading BMBF (No 24) Limited v the Commissioners of Inland Revenue: CA 6 Nov 2003

British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003

The claimant was permitted to amend the particulars of claim in an insurance dispute in order to seek declaratory relief in respect of insurance claims arising after the proceedings had started. Held: The lease had been surrendered by a deed. Judges: The Honourable Mr Justice Morison Citations: [2003] EWHC 2404 (Comm) Links: Bailii Jurisdiction: England … Continue reading British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003

Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore … Continue reading Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

Menson v United Kingdom: ECHR 6 May 2003

There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003

Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

Manx Electricity Authority v J P Morgan Chase Bank: CA 3 Oct 2003

The claimant sought to appeal an order striking out its claim against the defendant under a performance bond. The defendant denied that the demand was valid, saying it did not allege a current breach of the contract. Held: The point upon which the strike out action succeeded was flawed. The breach continued, and the obligations … Continue reading Manx Electricity Authority v J P Morgan Chase Bank: CA 3 Oct 2003

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

Seckford Foundation Free Schools Trust (Decision Notice): ICO 24 Sep 2013

The complainant made a freedom of information request to the Seckford Foundation Free Schools Trust for financial information regarding the Beccles Free School and Saxmundham Free School. The Trust refused to disclose some of the requested information by relying on the section 43 (Commercial interests) and section 22 (Future publication) exemptions. The Commissioner has investigated … Continue reading Seckford Foundation Free Schools Trust (Decision Notice): ICO 24 Sep 2013

Koistinen v Commission (Staff Regulations): ECFI 27 Sep 2006

Europa Officials – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Concept of habitual residence Citations: T-259/04, [2006] EUECJ T-259/04, [2006] EUECJ T-259/04 Links: Bailii, Bailii Jurisdiction: European Employment Updated: 08 June 2022; Ref: scu.245147

Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003

The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident. Held: The legislation now made specific reference to the concept of lawful presence, and required this before an entitlement to benefits arose. The case of … Continue reading Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003

Parker v Parker: ChD 24 Jul 2003

Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003

Eagle v Chambers: CA 24 Jul 2003

The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Compensation Specialists Limited, Corry, Wright, Chapman v Compensation Claims Service Limited: CA 24 Jul 2003

The claimants acted as franchisees of the defendants, having agreed commission arrangements for the introduction of personal injury claimants. Following new rules, the sharing of such commissions became unlawful. The parties had failed to renegotiate a fee arrangement. The defendants appealed saying that the claimants had continuing duties to the lay clients. Held: The duty … Continue reading Compensation Specialists Limited, Corry, Wright, Chapman v Compensation Claims Service Limited: CA 24 Jul 2003

Stretch v The United Kingdom: ECHR 24 Jun 2003

The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of ‘possessions’ in Art. 1 includes a legitimate … Continue reading Stretch v The United Kingdom: ECHR 24 Jun 2003

Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

It had been argued by the claimant in written submissions (although not maintained orally) that an order for payment of pre-judgment interest on costs should never be made. As to an award of interest on costs:- ‘In any event in principle there seems no reason why the Court should not do so where a party … Continue reading Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Ekinci, Regina (on the Application of) v Secretary of State for the Home Department: CA 17 Jun 2003

The appellant, a Turkish citizen entered illegally and claimed asylum. He falsely said he had not sought asylum in another EC country. He had lived in Germany for eight years, and had twice unsuccessfully claimed asylum. Shortly after arrangements were made for his removal to Germany, he married a woman whom he had known in … Continue reading Ekinci, Regina (on the Application of) v Secretary of State for the Home Department: CA 17 Jun 2003

Tate and Lyle Industries Ltd v Greater London Council: HL 24 Mar 1983

The plaintiff had constructed and used two jetties, and dredged a channel down to the Thames for their use. The Council constructed two terminals nearby, the result of which was to cause a build up of silt blocking the channel. Held: The riparian owners had no right to insist upon any particular water depth. Their … Continue reading Tate and Lyle Industries Ltd v Greater London Council: HL 24 Mar 1983

Groupama Insurance Company Ltd v Overseas Partners Re Ltd and Another: ComC 21 Feb 2003

Citations: [2003] EWHC 290 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Groupama Insurance Company Ltd v Overseas Partners Re Ltd and Another ComC 24-Jan-2003 . . Cited by: Appeal from – Groupama Insurance Company Limited v Overseas Partners Re Limited Andaon Limited CA 17-Dec-2003 The court overruled the refusal of a … Continue reading Groupama Insurance Company Ltd v Overseas Partners Re Ltd and Another: ComC 21 Feb 2003

Skidmore v Dartford and Gravesham NHS Trust: HL 22 May 2003

The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal disciplinary process. The allegations were of having misled others both patients and authorities, and had been treated as personal conduct. … Continue reading Skidmore v Dartford and Gravesham NHS Trust: HL 22 May 2003

Phillips (Widow and Executrix of the Estate of Arthur Phillips, Deceased) v Syndicate 992 Gunner and others: QBD 14 May 2003

Mr Phillips had been employed by a single employer between 1955 and 1957 and then between 1959 and 1970, during which periods he was exposed to asbestos dust. Out of the 13 years of this exposure, the insurers were on risk for 9 years between 1959 and 1968. He came to suffer and die from … Continue reading Phillips (Widow and Executrix of the Estate of Arthur Phillips, Deceased) v Syndicate 992 Gunner and others: QBD 14 May 2003

Perna v Italy: ECHR 25 Jul 2001

Citations: 48898/99, [2001] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012 The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral … Continue reading Perna v Italy: ECHR 25 Jul 2001

Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits. Held: Mr Pook owed a duty to disclose the bribes that he had taken. He … Continue reading Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

Mellham Ltd v Collector of Taxes: CA 17 Jan 2003

Buxton LJ: ‘The issue therefore is one of simple statutory construction. Can the expression ‘payment’ when used in section 87 of the 1970 Act, or ‘pays’ when used both in section 246N(2) of the 1988 Act and section 239 of the 1988 Act, encompass a set-off of the sort that the appellant asserts? In order … Continue reading Mellham Ltd v Collector of Taxes: CA 17 Jan 2003

Leigh and Sillavan Ltd v Aliakmon Shipping Co Ltd (The Aliakmon): HL 24 Apr 1985

The plaintiff contracted to buy a cargo to be shipped on the defendant’s vessel. Because of poor stowage, the cargo was damaged. At the time of the damage the claimant was neither the owner nor possessor of the cargo, but under the terms of the purchase contract he had assumed the risk of damage to … Continue reading Leigh and Sillavan Ltd v Aliakmon Shipping Co Ltd (The Aliakmon): HL 24 Apr 1985

Van Doren + Q GmbH v Lifestyle sports + sportsewar Handelgesellschaft mbH and another: ECJ 8 Apr 2003

The claimant was exclusive agent for the trademark holder for Germany. The defendant sold goods it had not bought from the claimant, but bearing the mark. The defendant alleged exhaustion of the claimant’s rights. Held: The burden of proving exhaustion of rights lay on the defendant, unless he could show that the result would be … Continue reading Van Doren + Q GmbH v Lifestyle sports + sportsewar Handelgesellschaft mbH and another: ECJ 8 Apr 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Hinchy v Secretary of State for Work and Pensions: CA 20 Feb 2003

The appellant challenged an order requiring her to repay benefits. She had ceased to become entitled to disability allowance when it expired without renewal, and so also lost the right to a severe disability premium. She did not inform the second office of the change in her circumstances. Held: There was a system whereby the … Continue reading Hinchy v Secretary of State for Work and Pensions: CA 20 Feb 2003

Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003

A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003

Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

Papadopoulos v Greece: ECHR 6 Feb 2003

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 52464/99, [2003] ECHR 64 Links: Worldlii, Bailii Human Rights Updated: 07 June 2022; Ref: scu.178994

Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore a constructive total loss (‘CTL’). They said the cause of the loss … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

Kuwait Airways Corp v Iraqi Airways Company: ComC 24 Jan 2003

The court found that the defendant had brought false evidence and forged documents to seek to persuade the English court that it had state immunity, and had been partially successful, but that on the true facts it was not immune from the jurisdiction of the court in relation to the period 9th August to 16th … Continue reading Kuwait Airways Corp v Iraqi Airways Company: ComC 24 Jan 2003

Barking and Dagenham London Borough Council (Decision Notice): ICO 24 Nov 2005

ICO The complainant requested a copy of a report relating to the handling of her son’s case by social services department of LBBD. The complainant made their request on 6/4/05 and no response was received. Therefore the Council failed to comply with section 10. Since a response has now been sent, the Commissioner does not … Continue reading Barking and Dagenham London Borough Council (Decision Notice): ICO 24 Nov 2005

Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002

The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had … Continue reading Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002

Hewlett-Packard v Commission (Customs Union): ECFI 3 Oct 2006

Refusal to refund import duties – Action for annulment – Importation of printers and printer cartridges from Singapore – Special situation – Fairness clause – Article 239 of Regulation (EEC) No 2913/92 Citations: T-313/04, [2006] EUECJ T-313/04 Links: Bailii Jurisdiction: European Customs and Excise Updated: 07 June 2022; Ref: scu.245184

Jungbunzlauer v Commission (Competition): ECFI 27 Sep 2006

Europa Competition – Agreements, decisions and concerted practices – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Attribution of conduct to a subsidiary – Principle that penalties must be defined by law – Guidelines on the method of setting fines – Principle of proportionality – Ne bis … Continue reading Jungbunzlauer v Commission (Competition): ECFI 27 Sep 2006

Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

Artegodan v Commission: ECFI 26 Nov 2002

ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine – Directives 65/65/EEC and 75/319/EEC. Citations: T-74/00, [2002] EUECJ T-74/00, [2002] ECR 11-495 Links: Bailii Jurisdiction: European Citing: See Also – Artegodan v Commission ECFI 28-Jun-2000 . … Continue reading Artegodan v Commission: ECFI 26 Nov 2002

Regina (N) v Dr M and Others: CA 6 Dec 2002

The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

Earthline Limited v Secretary of State for Transport, Local Government and the Regions and West Berkshire Council: CA 6 Nov 2002

A mining permission, allowing extraction of gravels, had been given the wrong date for its termination. Under the original Act, the permission would expire in 2042. In stating the terms for the licence, the mineral planning authority had mistakenly set the date at 2001. No appeal had then been made. Held: The council had had … Continue reading Earthline Limited v Secretary of State for Transport, Local Government and the Regions and West Berkshire Council: CA 6 Nov 2002

Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.The question of whether a domestic procedural provision … Continue reading Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

Matratzen Concord v OHMI: ECFI 23 Oct 2002

ECJ Community trade mark – Opposition – Relative grounds for refusal – Similarity between two trade marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Application for a figurative Community trade mark containing the word ‘Matratzen’ – Earlier word trade mark MATRATZEN. Case T-6/01.‘In this context, the Court of Justice … Continue reading Matratzen Concord v OHMI: ECFI 23 Oct 2002

Borie Manoux SARL v Directeur de l’Institut national de la propriete industrielle: ECJ 24 Oct 2002

ECJ Agriculture – Common organisation of the markets – Wine – Description and presentation of wines – Quality wines produced in specific regions – Brand name printed on label – Restrictions – Articles 11 and 40 of Regulation No 2392/89 Citations: C-81/01, [2002] EUECJ C-81/01 Links: Bailii Statutes: Regulation No 2392/89 European, Agriculture Updated: 06 … Continue reading Borie Manoux SARL v Directeur de l’Institut national de la propriete industrielle: ECJ 24 Oct 2002

Criminal proceedings against Walter Hahn: ECJ 24 Oct 2002

ECJ Reference for a preliminary ruling: Bezirksgericht Innere Stadt Wien – Austria. Fisheries – Health policy – Directive 91/493/EEC and Decision 94/356/EC – Articles 28 EC and 30 EC – Principle of proportionality – Limit values for the presence of Listeria monocytogenes in smoked fish products. Citations: C-121/00, [2002] EUECJ C-121/00, (2002) ECR 1-9193 Links: … Continue reading Criminal proceedings against Walter Hahn: ECJ 24 Oct 2002

Grobbelaar v News Group Newspapers Ltd and Another: HL 24 Oct 2002

The claimant appealed against a decision of the Court of Appeal quashing the judgement in his favour for damages for defamation. Held: The Court of Appeal was not able to quash a jury verdict as perverse, and the appeal succeeded. An appellate court could not substitute its own verdict on the facts for that of … Continue reading Grobbelaar v News Group Newspapers Ltd and Another: HL 24 Oct 2002

Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical … Continue reading Department for the Environment, Food and Rural Affairs v Atkinson, Hughes: QBD 9 Oct 2002

Chuck v Cremer ([1846] EngR 1155): 1 Dec 1846

A party, who knows of a null or irregular order, should apply to discharge it. Whilst such an order is in existence it must not be disobeyed. Citations: [1846] EngR 1155, (1846) 1 Coop T Cott 338, (1846) 47 ER 884 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Chuck v Cremer 24-Jul-1846 … Continue reading Chuck v Cremer ([1846] EngR 1155): 1 Dec 1846

Chuck v Cremer ([1846] EngR 1154): 1 Dec 1846

An order of the court of which the party affected by it has notice, though not formally served upon him is not to be disregarded or treated by him as a nullity, however certain it may be that the order is erroneous, and would, upon a proper application for that purpose be discharged Citations: [1846] … Continue reading Chuck v Cremer ([1846] EngR 1154): 1 Dec 1846

Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: CA 12 Jun 2000

Citations: Unreported, 12 June 2000 Jurisdiction: England and Wales Cited by: Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000 Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: CA 12 Jun 2000