ECHR Judgment : No Right to respect for private and family life : Fourth Section
3138/16, [2020] ECHR 380
European Convention on Human Rights
Human Rights
Updated: 07 December 2022; Ref: scu.651306
[2019] EWHC 3489 (Admin)
England and Wales
Updated: 07 December 2022; Ref: scu.651353
ECHR Judgment : Right to respect for private and family life : Fourth Section Committee
52526/17, [2020] ECHR 401
European Convention on Human Rights
Human Rights
Updated: 07 December 2022; Ref: scu.651317
Personal Independence Payment – Daily Living Activities – Activity 5: Managing Toilet Needs or Incontinence
[2019] UKUT 320 (AAC)
England and Wales
Updated: 07 December 2022; Ref: scu.651656
[2020] EWHC 1276 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.651217
ECHR Judgment : Prohibition of torture : Fourth Section
37772/17, [2020] ECHR 375
European Convention on Human Rights
Human Rights
Updated: 07 December 2022; Ref: scu.651333
Application made by the second defendant for an order that, in effect, bifurcates the determination of issues concerning the jurisdiction of the court to entertain a claim brought by the claimant against the second defendant. The order sought is for an order that a hearing be limited to the determination to (i) whether the second defendant is immune from the jurisdiction of the court by reason of the State Immunity Act 1978; and (ii) whether service of the claim form on the second defendant has been effected in accordance with section 12 of the State Immunity Act 1978.
[2020] EWHC 890 (Comm)
England and Wales
Updated: 07 December 2022; Ref: scu.651145
ECHR Judgment : Prohibition of torture : Third Section
61582/10, [2020] ECHR 376
European Convention on Human Rights
Human Rights
Updated: 07 December 2022; Ref: scu.651339
ECHR Judgment : Right to liberty and security : Fourth Section Committee
ECHR Judgment : Right to liberty and security : Fourth Section Committee
46783/14, [2020] ECHR 417, [2020] ECHR 434
European Convention on Human Rights
Human Rights
Updated: 07 December 2022; Ref: scu.651329
Application for reference to CJEU under art 267 TFEU – Validity of European Commission Implementing Regulation effectively overturning UK Supreme Court decision – whether appellant’s arguments well founded that (a) the Regulation contains a ‘manifest error’ and was ultra vires the Commission’s powers and (b) the Regulation breaches the principle of sincere co-operation – reference made.
[2018] UKFTT 505 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.632288
Penalties – late payment – Sch.56 of FA 2009 – No UTR – never completed a tax return –whether a reasonable excuse – whether special circumstances – no -appeal dismissed in part -reduction in penalty
[2019] UKFTT 670 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.646891
Leasehold Disputes (Management) – Service Charges
[2019] UKFTT RP – BIR – 00GF –
England and Wales
Updated: 07 December 2022; Ref: scu.645259
The Council was asked various questions about detriment caused to children by social workers and about the recourse available to those children.
One question asked how many children had disclosed any form of detriment to social workers. The Council said that it would exceed the cost threshold of FOISA to supply information for part of the request. Following an investigation, the Commissioner agreed that responding to this question would exceed pounds 600, but found that the Council had failed to provide reasonable advice and assistance.
He also found that the Council failed to address another question, but required no action as a response was provided during the investigation.
[2019] ScotIC 127 – 2019
Scotland
Updated: 07 December 2022; Ref: scu.645484
VAT – Whether fraudulent tax loss – Whether appellant’s transactions connected to such loss – Whether appellant knew or should have known of any such connection – No – Appeal allowed
VAT – Misdeclaration penalty – Whether understatement of liability to VAT in returns – No – Appeal allowed
[2018] UKFTT 662 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.632418
INCOME TAX and NATIONAL INSURANCE CONTRIBUTIONS – PAYE and Class 1 NICs – Penalties for late returns by employer of payments of earnings to employees in ‘real time’ – whether returns for dates in two tax months delivered late: held no, HMRC failed to prove returns were late – appeals allowed.
[2018] UKFTT 653 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.632419
Leasehold Disputes (Management) – Service Charges
[2019] UKFTT RP – BIR – 00GF –
England and Wales
Updated: 07 December 2022; Ref: scu.645258
INCOME TAX – penalty for failure to make returns – director registered for self-assessment – whether required to make returns issued under s8 TMA – yes – whether return validly issued – yes – whether returns should have been withdrawn – no – whether reasonable excuse for late filing – no
[2018] UKFTT 659 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.632408
NHS Dumfries and Galloway was asked whether it held letters containing ‘threatening language’ from a named individual. NHS Dumfries and Galloway confirmed that correspondence was held.
During the investigation, NHS Dumfries and Galloway issued a further response.
The Commissioner investigated and found that NHS Dumfries and Galloway had failed to comply with FOISA in responding to the request. This was because the initial response did not confirm whether the correspondence was from the named individual. As a further response was issued during the investigation, the Commissioner did not require any further action to be taken.
[2019] ScotIC 123 – 2019
Scotland
Updated: 07 December 2022; Ref: scu.645470
[2019] ScotCS CSOH – 58, 2019 SLT 1011, 2019 GWD 25-403
Scotland
Updated: 07 December 2022; Ref: scu.641170
[2019] ScotCS CSOH – 64
Scotland
Updated: 07 December 2022; Ref: scu.641190
VAT – appeals against assessments and penalties- requirements for the contents of witness statements to be in witness’ own words considered- restaurants and zero rated supply of cold food – fabricated invoices – best judgement – Khan v Commissioners for HM Revenue and Customs [2006] EWCA Civ 89 and Pegasus Birds Ltd v Commissioners of HM Revenue and Customs [2004] EWCA Civ 1015 considered and applied. Appeals dismissed.
[2019] UKFTT 682 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.646876
The complainant has requested information from the Department for Education (‘DfE’) regarding the trial of a reception baseline assessment in schools. The DfE refused to provide some of the requested information citing section 35(1)(a) – the formulation and development of government policy and section 40(2) – third party personal data. The Commissioner’s decision is that the DfE has correctly withheld the requested information under section 35(1) and section 40(2). However, she finds that the DfE did not comply with section 10(1) and section 17(1) of the FOIA. The Commissioner does not require the DfE to take any further steps.
FOI 17: Complaint upheld FOI 35(1)(a): Complaint not upheld FOI 40(2): Complaint not upheld FOI 10(1): Complaint upheld
[2019] UKICO fs50850372
England and Wales
Updated: 07 December 2022; Ref: scu.650287
The applicant has requested information relating to a major programme of works on a block of flats. The Commissioner’s decision is that London Borough of Enfield (the Council) was entitled to aggregate all six requests in accordance with section 12(4) of FOIA. However, it has failed to provide sufficient evidence to support the application of section 12(1). The Commissioner also finds that the Council incorrectly cited section 14(1) of the FOIA in response to the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response without relying on either of the previously cited exemptions. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 14: Complaint upheld FOI 12: Complaint upheld
[2019] UKICO fs50828864
England and Wales
Updated: 07 December 2022; Ref: scu.650440
[2018] EWHC 3332 (Fam)
England and Wales
Updated: 07 December 2022; Ref: scu.631460
[2018] UKFTT 2017 – 0110 (GRC)
Freedom of Information Act 2000
England and Wales
Updated: 07 December 2022; Ref: scu.621447
[2015] UKFTT RP – CAM – 11UE –
England and Wales
Updated: 07 December 2022; Ref: scu.626445
Section 27A
[2015] UKFTT RP – LON – 00AC –
England and Wales
Updated: 07 December 2022; Ref: scu.626454
VAT – Late appeal -Whether notice of review conclusions validly given – Yes – Whether fair and just to grant permission- No
[2018] UKFTT 402 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.621414
Capital Gains Tax – Extra Statutory Concession D49 – time limits. Whether reliance upon the Concession is precluded altogether if the 12 (or 24 month) periods are exceeded – No.
[2018] UKFTT 403 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.621417
The complainants have requested information held by the council on their company and on themselves. The council responded by applying section 36(2) of the FOI Act (prejudice to the effective conduct of public affairs), section 40(2) (personal data) and section 41 (information provided in confidence). The Commissioner’s decision is that the council has incorrectly applied all three exemptions. The Commissioner requires the public authority disclose the withheld information to the complainants. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 36: Upheld FOI 40: Upheld FOI 41: Upheld
[2015] UKICO FS50564896
England and Wales
Updated: 07 December 2022; Ref: scu.555444
The complainant has requested information on the legal qualifications of certain legal advisers at the Care Quality Commission (‘CQC’). The CQC refused the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the CQC has correctly applied the provisions of section 14(1) to refuse the request. He requires no steps to be taken.
FOI 14: Not upheld
[2015] UKICO FS50576984
England and Wales
Updated: 07 December 2022; Ref: scu.555453
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 confidence). The Commissioner’s decision is that the council was correct to apply section 43(2) to the information. He has therefore not considered the application of section 41 further. The Commissioner does not require the council to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 43: Not upheld
[2015] UKICO FS50570261
England and Wales
Updated: 07 December 2022; Ref: scu.555435
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 email on the basis of regulation 12(5)(b) of the Environmental Information Regulations 2004 (‘EIR’). The Commissioner’s decision is that the Council has correctly applied the exemptions and exceptions and the information should be withheld. He requires no steps to be taken.
FOI 21: Not upheld FOI 22: Not upheld EIR 12(5)(b): Not upheld
[2015] UKICO FS50569110
England and Wales
Updated: 07 December 2022; Ref: scu.555506
The complainant requested information about Privacy and Electronic Communications Regulations complaints received by the Information Commissioner’s Office (ICO). In its response, the ICO said that some of the requested information is exempt from disclosure under section 40(2) (personal information) and that some is exempt under section 31 (law enforcement). This is a qualified exemption and on 11 March the ICO told the complainant that it intended to carry out a public interest test in respect of the section 31 exemption. The ICO therefore extended the response time and subsequently said it expected to provide a full and final response by 30 April 2015. It provided a final response on 7 May. The Commissioner has reviewed how this request was handled and his decision is that the ICO has breached section 17(3) of the FOIA. The ICO has now provided a response and the Commissioner does not therefore require it to take the any further steps.
FOI 10: Upheld FOI 17: Upheld FOI 40: Not upheld
[2015] UKICO FS50580729
England and Wales
Updated: 07 December 2022; Ref: scu.555502
The complainant has requested recorded information relating to Northamptonshire County Council’s LGSS shared services organisation. The Commissioner is satisfied that the Council does not hold recorded information which is relevant to questions 2 – 6 of the complainant’s request. The complainant also seeks five invoices for goods and services provided to the Council by LGSS and which the Council has withheld in reliance of section 43(3) of the FOIA. The Commissioner’s decision is that the Council has failed to demonstrate that section 43(2) is properly engaged and therefore he requires the Council to take the following action to ensure compliance with the legislation. The Council is required to disclose the five invoices referred to in the complainant’s request.
FOI 43: Upheld
[2015] UKICO FS50573003
England and Wales
Updated: 07 December 2022; Ref: scu.555519
The complainant has requested information relating to complaints/grievances about four managers at FOS. FOS refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that FOS was correct to neither confirm nor deny whether the requested information was held under section 40(5) FOIA. The Commissioner requires no steps to be taken.
FOI 40: Not upheld
[2015] UKICO FS50578600
England and Wales
Updated: 07 December 2022; Ref: scu.555480
The complainant has requested from Edge Hill University (‘the University’) a broad scope of information relating to the academic years 2000-2001 to 2012-2013. The Commissioner’s decision is that the University has correctly applied section 14 of FOIA to the request. The Commissioner requires the public authority to take no steps.
FOI 14: Not upheld
[2015] UKICO FS50570631
England and Wales
Updated: 07 December 2022; Ref: scu.555479
The complainant requested information from Lanteglos by Fowey Parish Council (‘the parish council’). He asked for copies of documents sent by the parish council to Cornwall Council that had resulted in a particular email being sent to him. The parish council initially refused to confirm or deny whether the information was held. It subsequently relied on the exemption under section 42(1) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to legal professional privilege. The Commissioner’s decision is that some information was correctly withheld using section 42(1). The remaining information is the complainant’s own personal data and is therefore exempt under section 40(1) of the FOIA. The Commissioner found breaches of section 1(1)(a), 10(1), 17(1) and 17(1)(a)(b) and (c). The Commissioner does not require any steps to be taken.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld FOI 40: Not upheld FOI 42: Not upheld
[2015] UKICO FS50566913
England and Wales
Updated: 07 December 2022; Ref: scu.555218
The complainant made a freedom of information request to Kingston Hospital NHS foundation Trust for all documents submitted by the winning bidder in a tender for outpatient pharmacy, retail and Homecare services at the Trust. The Trust refused the request under the exemption in section 40(2) (personal information), section 41 (information provided in confidence) and 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that both the section 41 and section 43(2) exemptions are engaged and in the case of section 43(2), the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires no steps to be taken.
FOI 41: Not upheld FOI 43: Not upheld
[2015] UKICO FS50567022
England and Wales
Updated: 07 December 2022; Ref: scu.555505
INCOME TAX – penalties for failure to file tax return – taxpayer signed up for paperless contact and for notices to a secure mailbox on HMRC website – Effect of Income and Corporation Taxes (Electronic Communications) Regulations 2003 and directions of HMRC made under them – appeal allowed.
[2018] UKFTT 404 (TC)
England and Wales
Updated: 07 December 2022; Ref: scu.621408
The complainant requested a copy of a review undertaken into Sport Wales. The Welsh Government provided a copy of the review in question and confirmed that some information had been withheld under section 40(2) of the FOIA. During the course of the Commissioner’s investigation, the Welsh Government also sought to rely on sections 36(2)(b)(i) and 36(2)(c) in respect of the withheld information. The Commissioner’s decision is that the Welsh Government has correctly withheld the information under section 40(2). She does not require any steps to be taken.
FOI 40: Complaint not upheld
[2018] UKICO fs50695084
England and Wales
Updated: 07 December 2022; Ref: scu.621392
The complainant requested information about a Public Rights of Way investigation. Mid and East Antrim Borough Council (‘the Council’) provided some information but withheld other information under section 31 of the FOIA. The Commissioner’s decision is that the request should have been handled under the EIR. The Commissioner has found that some of the withheld information constitutes the complainant’s own personal data and therefore exempt under regulation 5(3) of the EIR, the Council correctly applied regulation 12(4)(d) to other information and the Council correctly withheld some information under regulation 13 whilst having misapplied it to other information. The Commissioner requires the Council to disclose the documents withheld under regulation 13, with the exception of any third party personal data relating to members of the public or junior officials contained within them.
EIR 12(4)(d): Complaint not upheld EIR 13: Complaint partly upheld EIR 5: Complaint not upheld
[2018] UKICO fs50688082
England and Wales
Updated: 07 December 2022; Ref: scu.621344
The complainant has requested information relating to a proposed development. South Gloucestershire Council disclosed some information and withheld the reminder, citing regulation 12(4)(d) (material in the course of completion) of the EIR. The Commissioner’s decision is that South Gloucestershire Council has cited regulation 12(4)(d) of the EIR appropriately. However, she considers that SGC has breached regulations 5(2) (time for compliance) and 14(3) (refusal to disclose information) of the EIR. The Commissioner does not require South Gloucestershire Council to take any steps following this decision notice.
EIR 12(4)(d): Complaint not upheld EIR 5(2): Complaint upheld EIR 14(3): Complaint upheld
[2018] UKICO fer0715540
England and Wales
Updated: 07 December 2022; Ref: scu.621377
The court continued a time limited order requiring the defendant Internet Service Providers to inhibit live streaming of Premier League football through their services.
Arnold J
[2018] EWHC 1828 (Ch)
England and Wales
Updated: 07 December 2022; Ref: scu.619893
The anonymised claimant sought an order restraining the defendant and its newspapers publishing material about him which he said was confidential.
Held: Nicol J said that there was a reasonable expectation of privacy in the information that a person was being investigated by the police, but he did so on the back of a concession that the fact that that person had been interviewed under caution attracted a reasonable expectation
Nicol J
[2016] EWHC 2760 (QB), [2017] EMLR 9
England and Wales
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.570915
AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.
Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’
Jackson, Underhill, Burnett LJJ
[2017] EWCA Civ 35, [2017] 4 WLR 94, [2017] WLR(D) 48
Charter of Fundamental Rights of the European Union 41 47
England and Wales
Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.573603
Lewison J
[2009] EWHC 779 (Ch)
England and Wales
See Also – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.573626
Application by the joint administrators of a partnership affording the opportunity to consider the application of the equitable doctrines of marshalling and subrogation in relation to a fixed charge over a dog.
Held: The equitable principle of marshalling did appear to apply as between the bank and M. The bank had been able resort to two securities in support of its lending to the partnership: first the agricultural charge over partnership assets (including the dog), and secondly third party legal charges over the farms.
Norris J
[2016] EWHC 2650 (Ch), [2017] Ch 422, [2017] BPIR 164, [2017] 3 WLR 198, [2017] WLR(D) 157
England and Wales
Cited – In Re Ritson, Ritson v Ritson CA 1899
The joint debts of a partnership are payable out of the joint assets if sufficient even though secured on the separate property of one partner.
Chitty LJ said of a deceased partner that his ‘interest in the joint assets [of the partnership] . .
Cited – In Re Ritson ChD 1898
. .
Appeal from – Highbury Pension Fund Management Company and Another v Zirfin Investments Management Ltd and Others CA 3-Oct-2013
Lewison LJ discussed the operation of the principle of marshalling: ‘One consequence of the application of the principle is that if the first mortgagee with more than one security satisfies his debt out of the property over which the second . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.570475
Complaint of the alleged sale of an underlease at a low price, working as a corrupt agreement. It was said that one of the defendants, a local council, was liable for malicious prosecution of an enforcement notice. The Council’s replied that the tort ‘cannot apply in relation to the mere service of an enforcement notice’ because, as it is put in Clerk and Lindsell: ‘To prosecute is to set the law in motion and the law is only set in motion by an appeal to some person clothed with judicial authority in regard to the matter in question.’ The Council argued that the service of an enforcement notice involved no ‘appeal to some person clothed in judicial authority’
Held: Neey J said: ‘In my view, [Counsel for the Council] is right on this point. While it is now clear that the tort of malicious prosecution can apply without a criminal prosecution, there remains a requirement that the law has been ‘set in motion by an appeal to some person clothed with judicial authority’ and service of an enforcement notice cannot, as it seems to me, suffice for this purpose. I do not see Churchill v Siggers as providing authority to the contrary.’
Newey J
[2016] EWHC 3048 (Ch)
England and Wales
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.571982
Inquiry as to damages – infringement of a UK registered design and UK unregistered design rights in relation to a metal frame.
Judge Hacon
[2014] EWHC 4019 (IPEC)
England and Wales
Updated: 07 December 2022; Ref: scu.539779
[2015] EWHC 432 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.543757
Mrs Justice Cox DBE
[2015] EWHC 1311 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.546561
The complainant has requested information relating to a complaint made by a councillor. Oxford City Council (OCC) failed to respond within the 20 working day limit thereby breaching section 10 of the FOIA. As OCC has now responded, the Commissioner requires no further steps to be taken.
FOI 10: Upheld
[2015] UKICO FS50561891
England and Wales
Updated: 07 December 2022; Ref: scu.555138
The complainant has requested from Greenwich Council information on the document retention/archiving/FOI training received by the ‘accountable’ person(s) in the Directorate of Regeneration, Enterprise and Skills from 2009 to date. The Commissioner’s decision is that Greenwich Council does not hold any recorded information falling within the scope of the complainant’s request based on a balance of probability test. Accordingly, the Commissioner does not require the public authority to take any steps to ensure compliance with the legislation. Information Tribunal appeal EA/2015/0063 dismissed.
FOI 1: Not upheld
[2015] UKICO FS50554502
England and Wales
Updated: 07 December 2022; Ref: scu.555142
Claim by a mobile network and telecommunications distribution company for Orange and T-Mobile (now ‘Everything Everywhere’ [‘EE’]) against one of its former dealers for specific and/or cumulative repudiatory breaches of contracts and a counterclaim by him for wrongful termination of them.
[2015] EWHC 1580 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.548006
Claims by Iraqi citizens to have been detained by the British forces in Iraq and handed over to the US Army – ‘ preliminary issue to determine whether the claims in tort made in these handover cases have a valid legal basis under Iraqi law.’
Leggatt J
[2015] EWHC 1254 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.546887
The complainant has requested information about which company supplied indemnity cover to the [named company] during the period of 2009 and 2010. The Financial Conduct Authority (FCA) refused to provide the requested information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA correctly applied section 44(2) FOIA in this case. The Commissioner requires no steps to be taken.
FOI 44: Not upheld
[2015] UKICO FS50567516
England and Wales
Updated: 07 December 2022; Ref: scu.555194
Housing and Council Tax Benefits : Other
[2015] UKUT 282 (AAC)
England and Wales
Updated: 07 December 2022; Ref: scu.547639
Mr Justice Hickinbottom
[2015] EWHC 1525 (QB), [2015] 3 Costs LR 557, [2015] Lloyd’s Rep FC 496
England and Wales
Updated: 07 December 2022; Ref: scu.548005
The complainant has requested copies of correspondence and invoices sent between Lanteglos by Fowery Parish Council (the council) and its auditor and bank for a specific period. The council initially responded by providing some information but refusing the remainder under sections 43(2) and 41 of the FOIA. This was upheld in its internal review. During the Commissioner’s initial investigations the council amended its response to rely on section 14(1) of the FOIA as it considered the request to be vexatious. The Commissioner’s decision is that the council has correctly relied on section 14(1) of the FOIA to withhold the information. The Commissioner does not require the council to take any steps.
FOI 14: Upheld
[2015] UKICO FS50552246
England and Wales
Updated: 07 December 2022; Ref: scu.555217
The complainant has requested information held by Hambleton District Council which concerns the potential sale of his property. The Commissioner’s decision is that Hambleton District Council has properly applied section 40(2) of the FOIA to the information sought by the complainant and it is therefore entitled to withhold that information. No further action is required of the Council in respect of this request.
FOI 40: Not upheld
[2015] UKICO FS50552141
England and Wales
Updated: 07 December 2022; Ref: scu.555199
The complainant has requested information relating to the number of deaths that occurred on a specific ward for a period of four years. The Commissioner’s decision is Cardiff and Vale University Health Board (UHB) has correctly applied section 12(1) of the FOIA to the withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 12: Not upheld
[2015] UKICO FS50558500
England and Wales
Updated: 07 December 2022; Ref: scu.555175
The complainant has requested from Oxford Brookes University (the ‘University’) the reasons for the increased entry requirement to the one year foundation paramedic degree course and who required the increase, the University or SCAS (South Central Ambulance Service). The University provided the complainant with a document containing the course entry requirements and it confirmed that it does not hold any further information. The Commissioner’s decision is that the University does not hold any further information falling within the scope of the request. Therefore, the Commissioner does not require the University to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld
[2015] UKICO FS50559771
England and Wales
Updated: 07 December 2022; Ref: scu.555136
Claim for clinical negligence arising from the admittedly inappropriate treatment of a patient with an unstable 3 column fracture of the spine which was initially misdiagnosed as stable.
Andrews DBE J
[2015] EWHC 293 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.542621
Claim by congregation member as to declaration from pulpit that he was no longer a member.
HHJ Richard Parkes
[2015] EWHC 509 (QB), [2015] CN 545
England and Wales
Updated: 07 December 2022; Ref: scu.544610
The claimants sought a wasted costs order against solicitors acting for one defendant.
Turner J
[2015] EWHC 1337 (QB), [2015] 3 Costs LR 531, [2015] PNLR 26
England and Wales
Updated: 07 December 2022; Ref: scu.546562
Lord Dyson MR (with whom Richards LJ and Lewison LJ agreed) held that the requirements of article 6 ‘depend on context and all the circumstances of the case’. The court will strike an appropriate balance between the requirements of national security and the right of an individual to effective judicial protection. The balancing of these competing interests must take account of all the facts of the particular case.
Lord Dyson MR, Richards, Lewison LJJ
[2015] EWCA Civ 776, [2015] WLR(D) 325, [2016] QB 595
European onvention on Human Rights 6
England and Wales
Appeal from – Kiani v Secretary of State for The Home Department EAT 21-Nov-2014
EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was . .
Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.550369
Taxation of costs
[2012] EUECJ C-252/10
European
Judgment – Evropaiki Dynamiki v ENSA (Law Governing The Institutions) ECJ 21-Jul-2011
ECJ Appeal – Public procurement – European Maritime Safety Agency (EMSA) – Call for tenders relating to the ‘SafeSeaNet’ application – Decision rejecting a tenderer’s bid – Contract award criteria – Sub-criteria . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.535556
The circumstances in which ex parte relief is obtained in the Family Division are likely to vary very widely. Moreover, relief is often granted by the Division in circumstances which are very much removed from those in which ex parte relief will be granted in other areas of the law.
‘the court will not allow itself to be bamboozled by husbands who put their property in the names of close relations in circumstances where, taking a realistic and fair view, it is apparent that the recipient is a bare trustee and where the answer to the real question – Whose property is it? – is that it remains the husband’s property.’ and ‘the robustness with which the Family Division ought to deal in appropriate cases with husbands who seek to obfuscate or to hide or mask the reality behind shams, artificial devices and similar contrivances. Nor do I doubt for a moment the propriety and utility of treating as one and the same a husband and some corporate or trust structure which it is apparent is simply the alter ego or creature of the husband.’
and ‘On the other hand, and as Nicholas v Nicholas [1984] FLR 285 . . demonstrates, the court does not – in my judgment cannot properly – adopt this robust approach where, for example, property is held by a company in which, although the husband has a majority shareholding, the minority shareholdings are what Cumming-Bruce LJ at 287G called ‘real interests’ held by individuals who, as Dillon LJ put it at 292G, are not nominees but business associates of the husband.”
Munby J
[2000] 2 FLR 927
England and Wales
Cited – Nicholas v Nicholas CA 1984
The Court upheld an appeal against an order for the husband to procure the transfer to the wife of a property belonging to a company in which he held a 71% shareholding, the other 29% being held by his business associates. However, both members of . .
Confirmed – In re S (A Child) (Family Division: Without Notice Orders) FD 2001
Munby J considered the the duty of full and frank disclosure which exists on those who seek to use a without notice procedure within Children proceedings. Generally, when granting ex parte injunctive relief in the Family Division, the court will . .
Cited – Tower Hamlets v M and Others FD 27-Mar-2015
The authority sought orders to prevent the respondent children travelling to countries controlled by the ISIS groups. The parents being unlikely to be effective to restrain them, the court had made them wards of court.
Held: ‘the status of a . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.545142
The complainant asked to see a report made by the Information Commissioner’s Office (the ICO) into a data protection security breach involving a certain organisation. The complainant had been informed by that organisation that she had been affected by the security breach, and accordingly requested sight of the ICO’s report into the matter. The Information Commissioner’s decision is that an objective reading of the complainant’s request was that she had asked for – sight of the actual report – and that no such report is held by the ICO. He has therefore concluded that the ICO has complied with the FOIA in this case in that it stated correctly that the requested information was not held.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
[2012] UKICO FS50410250
England and Wales
Updated: 07 December 2022; Ref: scu.529085
Beatson J
[2012] EWHC 1415 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.461955
Stadlen J
[2012] EWHC 1606 (QB)
Road Traffic Act 1988 151(2)(b)
England and Wales
Updated: 07 December 2022; Ref: scu.461889
[2013] CAT 2
England and Wales
Updated: 07 December 2022; Ref: scu.471840
[1835] UKPC 2
England and Wales
Updated: 07 December 2022; Ref: scu.463473
Tugendhat J
[2012] EWHC 1786 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.461760
The Court was asked whether the Home Office can be liable for the loss caused to immigrants as a result of an immigration liaison officer negligently and wrongly advising an airline that the immigrants did not have the required documentation to obtain access to this country, if, as a result of this the airline did not fly the immigrants to this country.
It is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact
Lord Woolf MR
Times 26-Jan-2000, [1999] EWCA Civ 3052
England and Wales
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.465063
Mr Brown’s widow claimed professional negligence in the consultant physician who had attended him.
Jeremy Barker J
[2013] EWHC 4067 (QB)
England and Wales
Updated: 07 December 2022; Ref: scu.519766
[1220] EngR 7, (1220-1623) Jenk 7, (1220) 145 ER 6 (C)
England and Wales
Updated: 07 December 2022; Ref: scu.460919
[1220] EngR 3, (1220-1623) Jenk 302, (1220) 145 ER 220 (D)
England and Wales
Updated: 07 December 2022; Ref: scu.460915
[1220] EngR 4, (1220-1623) Jenk 276, (1220) 145 ER 199 (B)
England and Wales
Updated: 07 December 2022; Ref: scu.460916
[1220] EngR 6, (1220-1623) Jenk 100, (1220) 145 ER 71 (D)
England and Wales
Updated: 07 December 2022; Ref: scu.460918
ECJ Appeal – Competition – Cartels – Article 81(1) EC and Article 53(1) EEA – Legal effects of Commission guidelines – Appreciable effect on trade between Member States – Setting of fines – Effective judicial review – Right to fair legal process – Objective impartiality of the Commission – Principle of equal treatment and non-discrimination – ‘Removals cartel’ – International removal services market in Belgium
C-439/11, [2012] EUECJ C-439/11, [2013] EUECJ C-439/11
European
Updated: 07 December 2022; Ref: scu.468781
ECJ Civil service – ECB Staff – Disciplinary proceedings – Suspension of a staff member without reduction of his basic salary – Withdrawal of a decision – Rights of the defence – Access to the file – Statement of reasons – Reasons for a decision – Allegation of breach of professional duties – Serious misconduct
Pujol, P
F-7/11, [2012] EUECJ F-7/11
European
Updated: 07 December 2022; Ref: scu.468760
ECJ Actions for annulment – Law governing the institutions – Calendar of plenary part-sessions of the European Parliament for 2012 and 2013 – Protocols on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union
R Silva de Lapuerta P
C-237/11, [2012] EUECJ C-237/11
European
Updated: 07 December 2022; Ref: scu.468774
ECJ Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Articles 4 and 5 – Administrative penalty – Administrative measure – Regulation (EEC) No 822/87 – Aid for the private storage of concentrated grape must – Community origin – Regulation (EEC) No 1059/83 – Long-term storage contract – Article 2(2) – Article 17(1)(b) – Reduction of the amount of aid in relation to the seriousness of the breach committed
L Bay Larsen, acting P
C-670/11, [2012] EUECJ C-670/11
Regulation (EC, Euratom) No 2988/95, Regulation (EEC) No 822/87, Regulation (EEC) No 1059/83
European
Updated: 07 December 2022; Ref: scu.468765
ECJ Taxation – Sixth VAT Directive – Decision 2004/290/EC – Manner in which a Member State applies a derogating measure – Authorisation – Article 2, point (1) – ‘Construction work’ – Interpretation – Supplies of goods covered – Possibility for the derogating measure to be applied only in part – Restrictions
C-395/11, [2012] EUECJ C-395/11
European
Updated: 07 December 2022; Ref: scu.468762
ECJ Regulation (EC) No 1896/2006 – European order for payment procedure – Application for an order which does not comply with the formal requirements laid down by national law – Exhaustive nature of the requirements to be met by the application – Whether it is possible to claim the interest accrued up to the date of payment of the principal
A. Tizzano, P
C-215/11, [2012] EUECJ C-215/11
European
Updated: 07 December 2022; Ref: scu.468776
ECJ Directive 2004/18/EC – Article 45(2), first subparagraph, point (d) -Directive 2004/17/EC – Articles 53(3) and 54(4) – Public procurement – Postal services sector – Exclusion criteria in relation to the procedure for the award of a contract – Grave professional misconduct – Protection of the public interest – Maintenance of fair competition
C-465/11, [2012] EUECJ C-465/11
Directive 2004/18/EC, Directive 2004/17/EC
European
Updated: 07 December 2022; Ref: scu.468758
An indictment of barretry at the sessions of the peace may be tried the same day of the indictment found. Judged and affirmed in error. The barretor was fined 40l. and imprisoned.
[1220] EngR 5, (1220-1623) Jenk 317, (1220) 145 ER 230 (G)
England and Wales
Updated: 07 December 2022; Ref: scu.460917
Flats – Enfranchisement and New Leases
[2007] EWLVT CAM – LV – NFE – 22UJ – 0
England and Wales
Updated: 07 December 2022; Ref: scu.437897
Service Charges
[2007] EWLVT LON – LV – SVC – 00AP – 0
England and Wales
Updated: 07 December 2022; Ref: scu.437890
Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss
[2007] EWLVT BIR – LV – HEL – 00CN – 0
England and Wales
Updated: 07 December 2022; Ref: scu.437888
Service Charges
[2007] EWLVT LON – LV – SVC – 00BG – 0
England and Wales
Updated: 07 December 2022; Ref: scu.437359
[2010] EWHC 90175 (Costs), [2011] STI 267, [2011] STC 497
England and Wales
Updated: 07 December 2022; Ref: scu.426451
The court was asked whether certain money, which had been obtained by fraud, ought to be returned to the Plaintiff by a party who had received it, but who was not a party to the fraud.
[1755] 2 Ves Sen 627
England and Wales
Affirmed – Bridgeman v Green 1757
The question before the court was whether certain money, which had been obtained by fraud, ought to be returned to the Plaintiff by a party who had received it, but who was not a party to the fraud. Lord Commissioner Wilmot said, ‘Whoever receives . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.448290
Austlii (High Court of Australia) Copyright – Artistic works – Works of artistic craftsmanship – The respondent obtained an injunction against infringement by the appellants of the respondent’s ownership of copyright in works constituted by a ‘plug’ from which a mould for a yacht hull could be derived, and in the hull and deck mouldings of that yacht – Whether works protected by copyright or should have been protected, if at all, under the designs registration law.
Copyright – Artistic works – Works of artistic craftsmanship – Whether ‘work of artistic craftsmanship’ is a composite phrase to be construed as a whole – Relevance of aesthetic appeal to the existence of a work of artistic craftsmanship – Relevance of machine production to the existence of a work of artistic craftsmanship – Relevance of functional or utilitarian constraints to the existence of a work of artistic craftsmanship – Whether the ‘plug’ and mouldings constituted works of artistic craftsmanship.
Copyright – Anti-overlap provisions – Interaction between the statutory protection of copyright and designs – Absence of registered ‘corresponding design’ – Exclusion of copyright protection in the three-dimensional reproduction of artistic works, other than works of artistic craftsmanship, where the ‘corresponding design’ has been ‘applied industrially’ – Whether the ‘plug’ and mouldings were protected by copyright.
Intellectual property – Anti-overlap provisions – Interaction between statutory protection of copyright and designs – Position of works of artistic craftsmanship in the statutory scheme – Meaning of ‘corresponding design’.
Words and phrases – ‘applied industrially’, ‘artistic work’, ‘corresponding design’, ‘work of artistic craftsmanship’.
Gleeson CJ, Gummow, Kirby, Heydon, Crennan JJ
(2007) 232 CLR 336, [2007] HCA 17, 81 ALJR 950
Australia
Cited – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.442600
[2010] CAT 29
England and Wales
Updated: 07 December 2022; Ref: scu.441667
[2010] EWHC 90180 (Costs)
England and Wales
Updated: 07 December 2022; Ref: scu.426454
(Queensland)
[1985] UKPC 34
Australia
Updated: 07 December 2022; Ref: scu.443682
(1881) 16 Ch D 617
England and Wales
Cited – Withers Llp v Rybak and Others ChD 9-May-2011
The claimant solicitors sought a declaration as to whether they had a right to assert a solicitor’s common law lien over sums in its client account. The defendant clients had asserted a security interest in the money and had assigned that interest, . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 December 2022; Ref: scu.439583