Search Results for: Art 24 EC

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Regina (Javed) v Secretary of State for the Home Department and Another etc: CA 24 May 2001

References: Times 24-May-2001, Gazette 21-Jun-2001, [2002] QB 129 The fact that subordinate legislation had been enacted by affirmative resolution of both Houses of Parliament, did not make a decision made under that regulation immune from challenge in the courts. The question of whether a country was in general safe, was a matter of fact and … Continue reading Regina (Javed) v Secretary of State for the Home Department and Another etc: CA 24 May 2001

Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995

The deceased had owned a site of 2.5 acres on which were built a large farmhouse, and other outbuildings. Held: The court identified the identify the three separate dimensions to the definition of agricultural property under the Act. The phrase ‘agricultural land’ in section 115(2) did not include buildings, and so the site could not … Continue reading Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995

Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995

Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available. Citations: Gazette 06-Sep-1995, Times 29-Jun-1995 Statutes: Community Care Act 1990 1, National Assistance Act 1948 Jurisdiction: England and Wales Citing: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995 A … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995

Petromec Inc v Petroleo Brasiliero Sa Petrobras and Another: ComC 16 Jun 2006

Judges: Gloster DBE J Citations: [2006] EWHC 1443 (Comm), [2007] 1 Lloyd’s Rep 629 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003 . . See Also – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec … Continue reading Petromec Inc v Petroleo Brasiliero Sa Petrobras and Another: ComC 16 Jun 2006

Siddiqui v University of Oxford: QBD 5 Dec 2016

The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016

Akhmedyanov And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11243/17, [2022] ECHR 991 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.682591

Mohamed and Another v Secretary of State for The Home Department: CA 2 May 2014

The claimants were suspected of terrorism and subject to control orders and terrorism prevention and investigation measures. They brought proceedings for abuse of process relating to the manner in which they had been removed to the United Kingdom from Somaliland Held: They were entitled to see the Secretary of State’s objections to their case for … Continue reading Mohamed and Another v Secretary of State for The Home Department: CA 2 May 2014

Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 24 Jul 2000

IPO The parties had entered into an agreement under which CRL agreed to take the patent application into the national phase in designated countries and in return IC would make two payments to CRL. The agreement included a default clause whereby IC would assign 30% of the patent application and any subsequent published patents to … Continue reading Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 24 Jul 2000

Gaunt, Regina (on The Application of) v The Office of Communications: CA 24 Jan 2011

The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional court had also found that the interview had become gratuitously offensive. He challenged … Continue reading Gaunt, Regina (on The Application of) v The Office of Communications: CA 24 Jan 2011

Abdi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2009

The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police officer and a drugs offence. A number of his offences were committed whilst he was on bail or … Continue reading Abdi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2009

Regina v Mayor, Commonalty and Citizens of the City of London, ex parte Matson: CA 18 Aug 1995

The court considered the need to give reasons for the election of Aldermen. Judges: Neill LJ, Waite LJ, Swinton Thomas LJ Citations: (1996) 8 Admin LR 49, [1997] 1 WLR 765, [1996] COD 161, 94 LGR 443 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Lancashire County Council ex parte Huddleston CA … Continue reading Regina v Mayor, Commonalty and Citizens of the City of London, ex parte Matson: CA 18 Aug 1995

Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009

An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea. Held: The fact that the sea conditions were within the range of what might be expected did not mean that the court must conclude … Continue reading Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009

Wilkie v Scottish Aviation: SCS 24 Feb 1956

The pursuer chartered surveyor sought payment for his work. No price had been agreed and the pursuer sought payment in accordance with standard rates published by his Institution. The defender sought to make payment on quantum meruit basis.‘If a person employs a professional man to perform some service and makes no inquiry as to the … Continue reading Wilkie v Scottish Aviation: SCS 24 Feb 1956

Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005

The CPS appealed the refusal of the respondent magistrates to decline jurisdiction to hear allegations against a youth. Held: The magistrates had applied the wrong test, asking themselves whether a sentence substantially greater than two years might be imposed. They should have considered merely the threshhold of two years. Also the court had allowed itself … Continue reading Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005

Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005

The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic. Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The council had reclassified it as a bridleway, which did … Continue reading Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005

Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Mahabir and Others v Secretary of State for The Home Department: Admn 6 May 2021

Attempts by a Windrush victim, to be reunited with her husband and children by having them enter the United Kingdom from Trinidad and Tobago where they currently reside. Judges: Mr Tim Smith (sitting as a Deputy High Court Judge) Citations: [2021] EWHC 1177 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 20 December 2022; … Continue reading Mahabir and Others v Secretary of State for The Home Department: Admn 6 May 2021

Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020

The Claimant, who was disabled within the meaning of the Equality Act 2010, was dismissed by the Respondent whilst on sickness absence. An Employment Tribunal found that the Claimant had been unfairly dismissed, contrary to the provisions of the Employment Rights Act 1996. The Tribunal also upheld the Claimant’s claim that her dismissal constituted disability … Continue reading Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020

Reichman and Another v Beveridge: CA 13 Dec 2006

The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006

Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

Timeload Ltd v British Telecommunications plc: CA 1995

British Telecommunications Plc provided its own directory service. BT was licenced as a public telecommunications operator requiring it to provide telephone services on request to anyone who sought them without discrimination. The claimant wanted to operate its own free service, and contracted with BT to use a line, but BT then gave notice to end … Continue reading Timeload Ltd v British Telecommunications plc: CA 1995

Regina v Warwickshire County Council, Ex parte Collymore: 1995

The court questioned the over rigid application of a policy in a decision by the respondent. Judges: Judge J Citations: [1995] ELR 217 Jurisdiction: England and Wales Cited by: Cited – Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006 The claimant challenged the policy of her local health authority … Continue reading Regina v Warwickshire County Council, Ex parte Collymore: 1995

Philips Electronique v British Sky Broadcasting Ltd: CA 1995

There is a presumption against adding terms to a contract. The presumption is stronger where the contract is in writing and represents an apparently complete bargain between the parties. Sir Thomas Bingham MR set out Lord Simon’s formulation, and described it as a summary which distilled ‘the essence of much learning on implied terms’ but … Continue reading Philips Electronique v British Sky Broadcasting Ltd: CA 1995

Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995

Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995

Attorney General for Hong Kong v Reid and Others: PC 24 Nov 1993

Principalhas proprietary interest in Trust assets Bribes were taken by an employee, a crown prosecutor in Hong Kong, in a fraud on his employer. He then invested the proceeds in the purchase of property in New Zealand. The property had increased in value. The employer sought repayment of the bribes received from the properties purchased. … Continue reading Attorney General for Hong Kong v Reid and Others: PC 24 Nov 1993

Regina v Panel of Takeovers and Mergers ex parte Fayed: CA 1992

Steyn LJ said of the reviewability of decisions of the Director of Public Prosecutions: ‘. . it seems to me that, in the absence of evidence of fraud, corruption or mala fides, judicial review will not be allowed to probe its decision to charge individuals in criminal proceedings. The law must take a practical view … Continue reading Regina v Panel of Takeovers and Mergers ex parte Fayed: CA 1992

Dennis’s Trustees v Dennis and Others: HL 19 May 1924

A testator, who was survived by his wife, left as part of his estate certain stocks and shares, some of which stood in the joint names of himself and his wife, and others in the joint names of himself and his wife and the survivor. All these investments had been made out of the testator’s … Continue reading Dennis’s Trustees v Dennis and Others: HL 19 May 1924

Department for Work and Pensions (Central Government): ICO 18 Aug 2015

ICO The complainant requested information relating to Disability Employment Advisors (DEAs) from the Department for Work and Pensions (DWP). The DWP denied holding any information relevant to the complainant’s request. The Commissioner’s decision is that the DWP has not responded to the complainant’s request of 25 November 2014. As the DWP has not issued a … Continue reading Department for Work and Pensions (Central Government): ICO 18 Aug 2015

Jones and Others v Secretary of State for Energy and Climate Change and Another: QBD 3 May 2013

The claimants sought an order for pre-judgment interest on the disbursements incurred in this group litigation. The clients were liable for payment of the disbursements under the conditional fee agreements, and in this case these amounted to over andpound;750,000. Held: The order was made for the period from the date of the signing of the … Continue reading Jones and Others v Secretary of State for Energy and Climate Change and Another: QBD 3 May 2013

Fraser and others v Oystertec Plc and others: 3 Nov 2009

The court considered the meaning of ‘real’ prospects of success: ‘This does not mean that a party can successfully resist summary judgement by suggesting, like Mr Micawber, that something may turn up to save him, though he does not know what: see per Megarry V-C in Lady Anne Tennant v. Associated Newspapers Group Ltd [1979] … Continue reading Fraser and others v Oystertec Plc and others: 3 Nov 2009

Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Citations: 34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Zielinski v France ECHR 28-Oct-1999 Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is … Continue reading Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material which would otherwise be privileged, the opposite party and the court must have an opportunity of … Continue reading Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2): 11 Dec 1978

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Cole and Another v Secretary of State for the Home Department: Admn 10 Jul 2003

Citations: [2003] EWHC 1789 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Barker, Regina v CACD 24-Oct-2008 The defendant appealed against the minimum term imposed on her under the 2003 Act. She argued that the court should have made allowance for the fact that she had made exceptional progress since arriving in … Continue reading Cole and Another v Secretary of State for the Home Department: Admn 10 Jul 2003

Zielinski v France: ECHR 28 Oct 1999

Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999

Regina v London Underground Ltd and Another, ex parte Transport for London: QBD 30 Jul 2001

The Act gave the power to the government to override the policy of the Mayor of London and the Transport for London authority, and to enter into private partnerships for the management of the underground system by the private sector. Although the Mayor had an obligation to publish, review and implement a strategy for the … Continue reading Regina v London Underground Ltd and Another, ex parte Transport for London: QBD 30 Jul 2001

Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

Electra Private Equity Partners (a Limited Partnership) and others v KPMG Peat Marwick (a Firm) and others: CA 23 Apr 1999

In interlocutory appeals some relaxation of the strictness of the conditions set down in Ladd v Marshall might be appropriate, according to the nature of the interlocutory hearing and the individual circumstances of the case. That would particularly be so where the battleground or its timing were not of the appellant’s choice. Citations: [1999] EWCA … Continue reading Electra Private Equity Partners (a Limited Partnership) and others v KPMG Peat Marwick (a Firm) and others: CA 23 Apr 1999

ECM (Vehicle Delivery Service) Ltd v Cox and Others: EAT 10 Jun 1998

Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of undertaking. Citations: Times 10-Jun-1998 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No … Continue reading ECM (Vehicle Delivery Service) Ltd v Cox and Others: EAT 10 Jun 1998

Regina v Doncaster Justices Ex Parte Jack; Regina v Doncaster Justices Ex Parte Christison: QBD 26 May 1999

Magistrates having been told previously not to sentence for wilful failure to pay fine or taxes in the absence of the defendant who can give evidence, and continuing to do so, must face an order to pay the costs of appeal personally. Citations: Times 26-May-1999 Jurisdiction: England and Wales Magistrates Updated: 09 December 2022; Ref: … Continue reading Regina v Doncaster Justices Ex Parte Jack; Regina v Doncaster Justices Ex Parte Christison: QBD 26 May 1999

PQ (A Child) v Royal Free London NHS Foundation Trust: QBD 24 Jun 2020

Request for approval of settlement of claim Judges: Mr Justice Martin Spencer Citations: [2020] EWHC 1676 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – PQ (A Child : Anonymity) v Royal Free London NHS Foundation Trust (Anonymisation) QBD 22-Jun-2020 Liability only trial in which the court is to determine whether or not … Continue reading PQ (A Child) v Royal Free London NHS Foundation Trust: QBD 24 Jun 2020

Kirby Muxloe Parish Council (Local Government (Parish Council)): ICO 24 Jun 2015

The complainant has requested copies of papers distributed to councillors in preparation for a particular trustee and parish council meeting. Kirby Muxloe Parish Council agreed to provide the majority of the papers but withheld some items of correspondence on the basis of section 21, draft minutes and policies under section 22 and a legal advice … Continue reading Kirby Muxloe Parish Council (Local Government (Parish Council)): ICO 24 Jun 2015

Ashfield District Council (Local Government (District Council)): ICO 24 Jun 2015

The complainant has requested information on the costs paid to third party building company which did work on his house on behalf of the council. The council has applied section 43(2) to the information (commercial interests). When it provided its arguments to the Commissioner it also sought to rely upon section 41 (information provided in … Continue reading Ashfield District Council (Local Government (District Council)): ICO 24 Jun 2015

Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another: 2005

Judges: Laddie J Citations: [2005] EWHC 357 (Ch) Jurisdiction: England and Wales Citing: Principal Judgment – Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another Patc 20-Dec-2004 Rectification of an agreement was sought. Held: Laddie J rejected a submission that evidence of the subjective state of mind of one of the parties contained in statements … Continue reading Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another: 2005

Regina v Birmingham Juvenile Court Ex Parte S: 1984

The court considered what was meant by the term ‘household’: ‘at the heart of the concept it is the persons who comprise the household . . and not the place where the household is located as a matter of residence.’ Judges: Sir John Arnold P Citations: [1984] 11 Fam 93 Jurisdiction: England and Wales Citing: … Continue reading Regina v Birmingham Juvenile Court Ex Parte S: 1984

Dadourian Group International Inc and others v Simms and others: ChD 24 Nov 2006

The Claimants sought, principally, damages for fraudulent misrepresentation and conspiracy against the first to fourth Defendants and damages for breach of contract against the third and fourth Defendants.Ownership and control of a company are in themselves insufficient to dislodge the principle of separate corporate identity. In order to justify lifting the veil of incorporation, ‘special … Continue reading Dadourian Group International Inc and others v Simms and others: ChD 24 Nov 2006

Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999

Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with … Continue reading Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999

Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Citations: [1954] 1 QB 446 Jurisdiction: England and Wales Cited by: Mentioned – Pirabakaran v Patel and Another CA 26-May-2006 The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not … Continue reading Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Re Shephard, Shephard v Cartwright: HL 1 Dec 1954

The House considered the equitable doctrine of advancement, and the admission of evidence which might go to rebut it. Held: The presumption is one which ‘should not . . give way to slight circumstances’.Viscunt Simonds approved, from Snell’s Principles: ‘The acts and declarations of the parties before or at the time of the purchase, or … Continue reading Re Shephard, Shephard v Cartwright: HL 1 Dec 1954

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Ferrazzini v Italy: ECHR 12 Jul 2001

(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive. Citations: Times 01-Oct-1998, T-133/95, T-204/95 Statutes: Universal Postal Union Convention art 25 Jurisdiction: European Administrative Updated: 07 December … Continue reading International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

Royal Caspian (Trade Mark: Opposition): IPO 24 Sep 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Composite word marks Other Issues – Domain name / company name Revocation / Proof of Use – Dates – use outside the relevant periods Revocation / Proof of Use – Partial revocation – arriving at a fair description of goods / services Citations: [2019] UKIntelP o56219 … Continue reading Royal Caspian (Trade Mark: Opposition): IPO 24 Sep 2019

Frozen Fridays (Trade Mark: Opposition): IPO 24 Jun 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Treatment of descriptive / allusive elements Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Particular visual / aural / conceptual considerations Citations: [2019] UKIntelP o35319 Links: Bailii Jurisdiction: England and Wales Intellectual … Continue reading Frozen Fridays (Trade Mark: Opposition): IPO 24 Jun 2019

Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – … Continue reading Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

Stevenson and Others v Steel Co of Scotland: HL 24 Jul 1899

In 1871 A’s trustees (the first party) feued to trustees for the firm of B. and Sons (the second party), their heirs and assignees, two plots of ground forming part of the estate of Blochairn, under the ‘declaration and provision that a street shall be made’ of 60 feet width along the south boundary of … Continue reading Stevenson and Others v Steel Co of Scotland: HL 24 Jul 1899

Bolton Council (Local Government (District Council)): ICO 24 Jun 2015

The complainant has requested information on the costs of the council associated with a court case which he was involved in a number of years ago. Costs were awarded to the council at the end of the case. The complainant requests are for more information about how the council funds litigation, on its costs when … Continue reading Bolton Council (Local Government (District Council)): ICO 24 Jun 2015

Illich Sanchez Ramirez v France: ECHR 24 Jun 1996

The applicant was arrested in Khartoum by Sudanese security forces and handed over to French police officers who escorted him to France in a French military aircraft. The ECommHR was willing to accept that he was effectively under the authority, and therefore the jurisdiction, of France on SAA principles, notwithstanding that this authority was being … Continue reading Illich Sanchez Ramirez v France: ECHR 24 Jun 1996

Regina v Birmingham Magistrates Court ex parte Robinson: 1986

Citations: [1986] 150 JP 1 Jurisdiction: England and Wales Cited by: Cited – Murchison v Southend Magistrates’ Court Admn 24-Jan-2006 The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give … Continue reading Regina v Birmingham Magistrates Court ex parte Robinson: 1986