(High Court of Australia) B, the registered proprietor of land, had obtained a loan of money from P. As security, he had given to P a signed memorandum of transfer and the certificate of title for the land. The memorandum of transfer was void under section 53(5) of The Stamps Act 1894 (Qld), which provided … Continue reading Breskvar v Wall: 13 Dec 1971
At first instance, judgment had wrongly given possession of land to the plaintiff. Upon successful appeal the defendant had his land restored along with profits made meanwhile: ‘for the plaintiff in the writ of error is to be restored to all that he lost.’ Citations: (1624) Cro Jac 699 Jurisdiction: England and Wales Cited by: … Continue reading Sympson v Juxon: 1624
(High Court of Australia) The Supreme Court of Queensland had held that the house remained a chattel. ‘The short point raised in this case is whether an ordinary dwelling-house, erected upon an ordinary town allotment in a large town, but not fastened to the soil, remains a chattel or becomes part of the freehold.’ Held: … Continue reading Reid v Smith: 8 Dec 1905
Citations: [1999] EWCA Civ 1224 Jurisdiction: England and Wales Citing: See Also – Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod Admn 4-Nov-1997 The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had … Continue reading Regina v Common Professional Examination Board ex parte Mealing-Mcleod: CA 21 Apr 1999
Judges: Ms Rebecca Thomas Citations: [2019] UKIntelP o56119 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 06 December 2022; Ref: scu.661092
Citations: T-74/00 Jurisdiction: European Citing: See Also – Artegodan v Commission ECFI 28-Jun-2000 . . See Also – Commission v Artegodan and others ECJ 24-Jul-2003 . . See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003 . . Cited by: See Also – Artegodan v Commission ECFI 28-Jun-2000 . .See Also – Commission … Continue reading Artegodan v Commission: ECFI 5 Sep 2001
Judges: Mr Justice Burton Citations: [2010] EWHC 194 (Comm) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Royal Bank of Scotland Plc v Highland Financial Partners Lp and Others CA 14-Jul-2010 The court was asked to construe provisions of a collateralised debt obligation agreement. . . Lists of cited by and citing … Continue reading Royal Bank of Scotland Plc v Highland Financial Partners Lp and Another: Comc 10 Feb 2010
Part Allowed Citations: [2015] UKFTT 2015 – 0133 (GRC) Links: Bailii Statutes: The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 Jurisdiction: England and Wales Information Updated: 05 December 2022; Ref: scu.550046
ECJ Judgment – Civil service – Officials – Action for annulment – Article 12a of the Staff Regulations – Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace – Article 24 of the Staff Regulations – Request for assistance – Manifest errors of assessment – None – Role and powers … Continue reading CW v Parliament F-124/13: ECJ 26 Mar 2015
The claimant sought permission to review a decision of the defendant refusing to reconsider a decision to grant the claimant three years leave to remain and refusing to grant indefinite leave to remain. He seeks an order quashing that decision and a declaration that any reasonable exercise of the decision would have led to the … Continue reading Vellore, Regina (on The Application of) v Secretary of State for The Home Department: Admn 8 Mar 2013
FTTTx Appeal against amendment to Appellants tax return for 2003-04 and assessments for 1998-99 to 2002-03 and 2006-07 including penalties – property business and gardening business – deduction claimed for capital repayments in property business – accepted as incorrect but Appellant not negligent and not liable for penalties to that extent – garden business showed … Continue reading Carter v Revenue and Customs: FTTTx 18 Apr 2013
The court was asked whether a health authority’s housing of former mental in-patients in two houses on a residential estate resulted in a breach of one or both of two covenants burdening the houses. One covenant, (20) was: ‘Not to cause or permit or suffer to be done in or upon the property any act … Continue reading C and G Homes Ltd v Secretary Of State For Health: CA 1991
Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination. Judges: David J Citations: [2007] EWHC 3090 (Admin) Links: Bailii Statutes: Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Jurisdiction: … Continue reading The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007
Europa Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Scope of the obligations under Articles 2, 3 and 12 – Compulsory statement of the alcoholic strength by volume for certain alcoholic beverages – Alcoholic beverage produced in a Member State other than that in which the distributor … Continue reading Lidl Italia Srl v Comune di Arcole (VR) (Environment and Consumers): ECJ 23 Nov 2006
The plaintiff contracted with the defendant for the defendant to install equipment on the premises of one of the claimant’s subsidiaries. The equipment was to be used by the subsidiary. The equipment was defective and damage was suffered by the subsidiary in consequence. The claimant sought to recover in a breach of contract action the … Continue reading George Fischer (Great Britain) Ltd v Multi Construction Ltd., Dexion Ltd. (third party): 1995
Citations: [2007] EWCA Civ 123 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 05 December 2022; Ref: scu.249238
Citations: [2006] EWHC 1877 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 05 December 2022; Ref: scu.245347
The court faced a claim as regards an undeveloped computer system which was sold with bugs ‘warts and all’. Held: The court spoke of expert evidence that in a bespoke system, bugs were inevitable. Judges: Staughton LJ Citations: [1995] FSR 616 Jurisdiction: England and Wales Cited by: Cited – Profile Software Ltd v Becogent Ltd … Continue reading Saphena Computing Ltd v Allied Collection Agencies Ltd: 1995
The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had … Continue reading In re Basham dec’d; Basham v Basham: 1986
Appeal of Wynn Realisations Ltd from an order dismissing the claim of Wynn to 107,250 pounds as being part of the price due but unpaid on the sale of certain land by Wynn to the defendant Vogue Holdings Incorporated. The sum represented the VAT element, the contract expressing the purchase price to be exclusive of … Continue reading Wynn Realisation Ltd v Vogue Holdings Inc: CA 24 Mar 1999
A party applying to set a default judgment aside with associated leave to defend did not thereby take any substantial step in proceedings which would debar him from insisting that the matter be stayed pending a referral to arbitration. Citations: Times 09-Apr-1999, [1999] EWCA Civ 1080 Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales … Continue reading Patel v Patel: CA 24 Mar 1999
The wife and her second husband occupied a property in the joint names of herself and of her first husband, who, following their divorce, had applied under the Act of 1973 for a lump sum order reflective of his equal beneficial interest in it to be made against her. Following her remarriage the wife countered … Continue reading Tee v Tee, John Arthur Hillman Co: CA 22 Mar 1999
The plaintiff firm of solicitors appealed against a decision refusing its claim for dmages after the defendant, its bankers, had failed to inform them of the existence of an account which would have paid them a higher rate of interest. Held: The appeal failed: ‘A bank’s relationship with a client is not without more one … Continue reading Suriya and Douglas (a Firm) v Midland Bank Plc: CA 24 Feb 1999
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the plaintiff’s claim. He also said that the insurer should give credit … Continue reading Bee v Jenson: ComC 21 Dec 2006
ECHR Judgment : No Article 6 – Right to a fair trial : Fifth Section Citations: 32314/14, [2022] ECHR 924 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682346
Application for interim relief in judicial review proceedings – order for release of the claimant to section 95 accommodation Judges: Fordham J Citations: [2020] EWHC 1479 (Admin) Links: Bailii Jurisdiction: England and Wales Prisons, Immigration Updated: 04 December 2022; Ref: scu.651249
Citations: [2020] EWHC 1424 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 04 December 2022; Ref: scu.651142
Judges: Swift J Citations: [2020] EWHC 1243 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 04 December 2022; Ref: scu.651093
Claims management conference – Claimant’s applications for partial summary judgment and the striking out of the Defendant’s counterclaim. Judges: Christopher Hancock QC (sitting as a Judge of the High Court) Citations: [2019] EWHC 1952 (Comm) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 04 December 2022; Ref: scu.642064
The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018
The complainant has requested information from the Department for Education (The ‘DFE’) relating to details of pre – 2010 academy pledges which had not been fulfilled. The Commissioner’s decision is that the DFE did not deal with the request for information in accordance with section 10 of the FOIA in the following way: It failed … Continue reading Department for Education (Central Government): ICO 24 Oct 2016
‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the Drug Trafficking Act 1994 (DTA) as meaning … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015
‘applications for permission to apply for judicial review arising out of closely associated facts and, if permission is granted, for substantive relief. The applications form part of a series of litigation in this jurisdiction and also in the Netherlands arising out of an investigation by the Dutch authorities into suspected fraud and money laundering by, … Continue reading Van Der Pijl v Secretary of State for The Home Department and Another: Admn 13 Feb 2014
The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993
The detainee sough a writ of habeas corpus. He had returned to England to surrender to bail against a representation that he would be bailed. After interview he had been remanded in custody. The officer said that he had known his representation was a false assurance. Held: By the deception, the officer had evaded the … Continue reading Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007
Judges: Keith J Citations: [2009] EWHC 572 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324659
Challenge to the dispute resolution procedure adopted under the NHS (Personal Medical Services Agreements) Regulations 2004 (and applied in this case by agreement between the Doctors and the PCT) for determining the ‘current market rent’ of the Premises. In particular, challenge is made to the procedure for resolving the rent dispute between the parties as … Continue reading Primary Health Investment Properties Ltd and others v Secretary of State for Health and others: Admn 24 Mar 2009
A prisoner sought damages in respect of cellular confinement and loss of privileges. Held: Mann J. said: ‘If a person is imprisoned in a place where he is lawfully so imprisoned, then it does not seem to me that a variation in conditions of confinement can constitute the tort of false imprisonment at common law.’ … Continue reading Regina v Board of Visitors of Gartree Prison, Ex parte Sears: 14 Mar 1985
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object. Held: The claimant was entitled to relief. The priosn officer could not … Continue reading Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007
Appeal against order for discharge of mental patient alleged to be subject to psycopathic disorder. Judges: Sullivan J Citations: [2007] EWHC 2224 (Admin), [2008] MHLR 212 Links: Bailii Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.259846
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624
The court found that a share of residuary estate left by a foreign resident to a registered political was in breach of the 2000 Act. The will was varied accordingly. Judges: Richard Sheldon QC sitting as a deputy judge of the Chancery Division Citations: [2014] EWHC 295 (Ch), [2014] WTLR 725, [2014] WLR(D) 54, [2014] … Continue reading White (As Executor and Trustee of The Will of Joseph Robson Deceased) v Matthys and Others: ChD 31 Jan 2014
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
Judges: Lord Justice Jonathan Parker Lord Justice Brooke Lord Justice Maurice Kay Citations: [2006] EWCA Civ 368 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 December 2022; Ref: scu.240103
A party claiming damage for breach of a covenant to repair in a lease must prove that damage. Judges: Goddard LCJ Citations: (1948) 64 TLR 177 Jurisdiction: England and Wales Cited by: Cited – Crewe Services and Investment Corporation v Silk CA 2-Dec-1997 The landlord brought proceedings against the tenant for failure to keep his … Continue reading Bonham-Carter v Hyde Park Hotel: 1948
The ‘no conflict rule’ ceased to apply once a director had resigned his office went on to consider the ‘no profit rule.’ Paul Morgan QC: ‘The position is less straightforward in relation to the rules described above as to profiting from the property of the company or from a fiduciary position. If Mr Newson and … Continue reading Quarter Master UK Ltd v Pyke: 2005
It is the courts’ function to control illegality and make sure that a body does not act outside its powers. Judges: Sir Nicolas Browne-Wilkinson V-C Citations: Times 24-Jul-1986 Jurisdiction: England and Wales Citing: Approved – McInnes v Onslow-Fane ChD 1978 The applicant had been granted a boxing manager’s licence for several years. He appealed its … Continue reading Cowley v Heartley: 24 Jul 1986
(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as the degree of success in the case, and the respondent argued … Continue reading Kenneth L Kellar Carib West Limited v Stanley A Williams: PC 24 Jun 2004
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
Citations: [2000] EWHC Admin 430 Links: Bailii Jurisdiction: England and Wales Education Updated: 01 December 2022; Ref: scu.140247
A payment made from an estate which had been settled overseas by means of a deed of variation was deemed to have been a payment by the settlor, and taxable as such. In interpreting a deeming provision, the court musty consider carefully as between whom and for what purposes the deeming was to take effect.Mrs … Continue reading Marshall (Inspector of Taxes) v Kerr: ChD 22 Jan 1992
The complainant has requested information about drugs tests carried out on members of the Household Cavalry Regiment and the Household Cavalry Mounted Regiment. The Ministry of Defence (MoD?) made a partial disclosure but refused to provide the remainder citing section 40(2) (Unfair disclosure of personal data) as its basis for doing so. It upheld this … Continue reading Ministry of Defence (Decision Notice): ICO 28 Nov 2013
Reference for a preliminary ruling – Telecommunications – Directive 2014/61/EU – Article 3 – Power of the national regulatory authority to impose conditions relating to access to physical infrastructure on an operator not having significant market power – Absence of a dispute relating to access – Article 1(3) – Minimum harmonisation Citations: C-243/21, [2022] EUECJ … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions – Opinion): ECJ 9 Jun 2022
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 15524/13, [2022] ECHR 920 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682350
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 36124/13, [2022] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682612
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 24453/17, [2022] ECHR 951 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682650
Parties sought an order declaring the the appointment of administrators had been invalid. Judges: Warren J Citations: [2011] EWHC 3423 (Ch), [2012] BCC 226 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 30 November 2022; Ref: scu.450248
IPO The application relates to a data processing system and method in which tailored content is sent from the data processing system to a user’s computer based on a user record that the user can update. There is a data repository in which information files and their associated metadata are stored and the data processing … Continue reading The Washington Post Company (Patent): IPO 24 Apr 2013
(Constitutional Court of South Africa) A rule which prevented a Tamil-Hindu girl from wearing a nose stud which was central to her cultural and religious identity was discriminatory on religious and cultural grounds. The court rejected an argument similar to the one put forward in this case that the refusal to offer the girl an … Continue reading MEC for Education: KwazuluNatal and Others v Pillay: 5 Oct 2007
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
Judges: Auld LJ, Rix LJ, Hooper LJ Citations: [2006] EWCA Civ 1276 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.245190
ECJ (Approximation of Laws) – Directives 84/450/EEC and 97/55/EC – Misleading advertising – Comparative advertising – Conditions under which comparative advertising is permitted – Comparison of the general level of the prices charged by chains of stores – Comparison of the prices of a selection of products. Citations: C-356/04, [2006] EUECJ C-356/04, [2007] 1 CMLR … Continue reading Lidl Belgium GmbH and Co KG v Etablissementen Franz Colruyt NV: ECJ 19 Sep 2006
A claim was made for damages arising from building operations. Question as to legal effect of assignment of cause of action. Judges: Mummery, Rix, LJJ, Peter Smith J Citations: [2006] EWCA Civ 1079, [2006] 1WLR 2926 Links: Bailii Jurisdiction: England and Wales Citing: Appeal From – Offer-Hoar, Technotrade Ltd and others v Larkstore Ltd, Bess … Continue reading Technotrade Ltd v Larkstore Ltd: CA 27 Jul 2006
Citations: [2006] EWCA Civ 1223 Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 30 November 2022; Ref: scu.245066
The claimant appealed refusal of a judicial review of the exercise of a delegated power by an official. Held: Where the underlying facts and the applicable polices were clear, such an officer’s decision could only be challenged in the case of irrationality or unlawfullness. Judges: Lord Justice Auld Lord Justice Moore-Bick Sir Peter Gibson Citations: … Continue reading Springhall, Regina (on the Application of) v London Borough of Richmond Upon Thames: CA 24 Jan 2006
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 13; Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 5-5; No violation of Art. 14; No violation of Art. 18; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award;Costs and expenses partial award. Citations: 32446/96, [2004] ECHR … Continue reading Yaman v Turkey: ECHR 2 Nov 2004
Citizenship of the Union – Article 18 EC – Right to move freely and to reside in the Member States – Attachment of remuneration – Detailed rules Citations: C-224/02, [2004] EUECJ C-224/02 Links: Bailii Jurisdiction: European European Updated: 30 November 2022; Ref: scu.196672
A transfer of the equitable interest in shares in breach of article 8(B) would nonetheless be effective.Vaisey J said: There is, undoubtedly, a basic principle that a charging order only operates to charge the beneficial interest of the person against whom the order is made, and that it is not possible, for instance, to obtain … Continue reading Hawks v McArthur: 1951
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment. Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully. Citations: … Continue reading Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999
A justices’ clerk has the power to enquire into the circumstances preceding and surrounding, the request for the issue of a summons, but has no duty to make such enquiries. Previous similar charges dismissed by the same court. Citations: Gazette 10-Feb-1999, Times 28-Jan-1999, [1999] EWHC Admin 24 Jurisdiction: England and Wales Magistrates Updated: 30 November … Continue reading Regina v Clerk to Bradford Justices, ex parte Sykes and Shoesmith: Admn 14 Jan 1999
ICO The complainant requested information about a planning application, including correspondence between a specified council department and the applicant or his agent. The public authority disclosed the information it held, but the complainant remains sceptical that all the information has been disclosed. The Commissioner finds that, on the balance of probabilities, Suffolk County Council does … Continue reading Suffolk County Council (Decision Notice): ICO 19 Sep 2011
ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
The complainant requested correspondence between Urban Splash and the Council, as well as HMRC and the Council, on the issue of the ‘shell test’ and VAT in relation to the development of Park Hill. The Council refused to supply the information claiming that it was exempt under section 43 of the Act, in that the … Continue reading Sheffield City Council (Decision Notice): ICO 9 Jan 2008
The complainant requested the amount the BBC had paid for the rights to cover the 2006 Winter Olympics in Turin. The BBC refused to provide this information on the basis that it was held for the purposes of journalism, art or literature. Having considered the circumstances of this case the Commissioner has concluded that the … Continue reading BBC (Decision Notice) FS50107765: ICO 30 Jan 2008
The complainant asked the BBC how much it cost to produce the show ‘Ask the Family’. The BBC refused to provide the information on the basis that it was not a public authority in relation to this request because the information was held for the purpose of journalism, art or literature. Having considered the purposes … Continue reading BBC (Decision Notice) FS50072937: ICO 8 Jan 2008
The complainant requested a range of financial information about the costs incurred in relation to BBC Northern Ireland. The BBC refused to disclose information about salaries of BBC staff on the basis that it was exempt on the basis of section 40. The Commissioner has decided that whilst it would breach the Data Protection Act … Continue reading BBC (Decision Notice) FS50085710: ICO 8 Jan 2008
After the conclusion of very long running litigation between mother and father as to the upbringing of their child, the court now considered the publication of its judgment. Held: The exercise of discretion concerning the publication of the judgment will be a simple case management decision to be taken at the conclusion of the judgment, … Continue reading Re C (A Child): CA 24 Mar 2015
(1) A decision by the First-tier Tribunal not to decide a ground of appeal constitutes a ‘decision’ for the purposes of s.11(1) of the Tribunals, Courts and Enforcement Act 2007. It may therefore be appealed to the Upper Tribunal. (2) If an appellant’s appeal before the First-tier Tribunal succeeds on some grounds and fails on … Continue reading Smith (Appealable Decisions; PTA Requirements; Anonymity : Belgium): UTIAC 28 Jun 2019
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had been obtained and incorporated in the plan. She had objected that St Andrews had reached te limit of … Continue reading Uprichard v Scottish Ministers and Another (Scotland): SC 24 Apr 2013
A challenge was made to the ban on smoking at a secure hospital. Judges: Lord Clarke MR, Keene, Moses LJJ Citations: [2009] EWCA Civ 795, [2010] PTSR 674, [2009] HRLR 31 Links: Bailii Statutes: European Convention ofHuman Rights 8 14 Jurisdiction: England and Wales Cited by: Cited – Black, Regina (on The Application of) v … Continue reading N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009
The issue in this judicial review is whether Islington London Borough Council were entitled to ignore the claimant’s adult children, who are subject to immigration control, when considering the allocation of accommodation under Part VI of the Housing Act 1996. In particular, the question arises as to whether Islington Council may conclude that the claimant’s … Continue reading Ariemuguvbe, Regina (on the Application of) v London Borough of Islington: Admn 24 Feb 2009
Citations: [2004] EWCA Civ 1727 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 November 2022; Ref: scu.245878
Judges: Laws LJ Citations: [2007] EWCA Civ 457 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 November 2022; Ref: scu.252454
Application for leave to appeal and extension of time to do so, against refusal of an asylum claim. Brought up as a muslim, but no longer practising. Judges: Hallett LJ Citations: [2005] EWCA Civ 1667 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 November 2022; Ref: scu.245872
Citations: [2005] EWCA Civ 1246 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 November 2022; Ref: scu.245870
Citations: [2004] EWCA Civ 986 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 27 November 2022; Ref: scu.245877
Challenge to statement of Special Educational Needs Judges: Gilbart J Citations: [2006] EWHC 3428 (Admin) Links: Bailii Jurisdiction: England and Wales Education Updated: 27 November 2022; Ref: scu.249155
Europa Competition – Cartels – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principles of legal certainty and non-retroactivity – Principle of proportionality – Equal treatment – Obligation to state reasons – Rights of the defence. … Continue reading Archer Daniels Midland v Commission (Competition): ECFI 27 Sep 2006
The appellant sought to challenge a finding of the adjudicator. Held: The Asylum and Immigration Appeal Tribunal should allow an appeal on facts alone only in exceptional circumstances. However the tribunal might also itself raise as an issue a point of law which might challenge the adjudicator’s decision even though this had been missed by … Continue reading Krasniqi v Secretary of State for the Home Department: CA 10 Apr 2006
When considering the reasonableness of an employee’s restrictive covenant, the court must test it at the time when it was entered into. If a covenant was unreasonable it will be wholly unenforceable – not partly unenforceable to the extent of what the outcome turned out to be: ‘The defendant was in fact employed for over … Continue reading Gledhow Autoparts Ltd v Delaney: CA 1965
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
Appeal – Cartel – Graphite electrodes market – Price-fixing and market-sharing – Calculation of fines – Concurrent sanctions – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Aggravating circumstances – Attenuating circumstances – Ability to pay – Cooperation during the administrative procedure – Arrangements for payment … Continue reading Tokai Carbon v Commission (Competition) T-246/01: ECJ 29 Apr 2004
Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend … Continue reading Gesek v Estate of Tusnelda Maria Giller (Deceased): CA 13 Nov 1998