Purvis, Regina (on The Application of) v Legal Service Commission: Admn 22 Feb 2013

The court was asked as to the need for the claimant when lodging a cimpkaint against a solicitor, to complete a second form: ‘the fact that we are all assembled here today, shows what an appalling waste of time and public funds can occur when obduracy on the part of a citizen collides with an entrenched bureaucratic position on the part of the State. ‘

Judges:

Holman J

Citations:

[2013] EWHC 613 (Admin)

Links:

Bailii

Legal Professions

Updated: 05 December 2022; Ref: scu.491895

Henley and Another v Cohen: CA 2 May 2013

Dispute is about the right to enfranchise under the 1967 Act, which was exercisable in specified circumstances where a ‘building’ is subject to a long lease. The landlord said that the two-storey, long lease building in Palmers Green, which has a greetings card shop on the ground floor with a recently converted flat above, was not ‘a house reasonably so called’ within the meaning of s.2(1).

Judges:

Mummery, Hallett, Leveson LJJ

Citations:

[2013] EWCA Civ 480

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 2(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.491879

Heron v TNT (UK) Ltd and Another: CA 2 May 2013

Satellite litigation arising from an attempt by employers’ insurers to recover the costs of defending personal injury litigation from the solicitors who, until they withdrew from the case, were acting for the employee. The application was made in the alternative either on the basis that the solicitors ought to be made the subject of a wasted costs order or, alternatively, a non-party costs order. It was later conceded that, in the context of this case, the application for wasted costs added nothing to that for a non-party costs order and the former was not pursued.

Judges:

Leveson, Beatson, Gloster LJJ

Citations:

[2013] EWCA Civ 469, [2013] 4 Costs LR 551, [2013] PNLR 21, [2013] 3 All ER 479, [2014] 1 WLR 1277

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Professional Negligence

Updated: 05 December 2022; Ref: scu.491880

North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question would allow a court to fix the damages payable.
Held: There was nothing either in policy or statute law to prevent such an arrangement.

Judges:

Rix, Aikens, Black LJJ

Citations:

[2013] EWCA Civ 471, [2013] PIQR P16, [2013] MHLR 194, [2013] WLR(D) 158, [2014] 1 WLR 111, [2013] 4 All ER 429, (2013) 16 CCL Rep 376

Links:

Bailii, WLRD

Statutes:

Mental Health Act 1983, National Health Service Act 2006

Jurisdiction:

England and Wales

Health Professions

Updated: 05 December 2022; Ref: scu.491876

Schonfield v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx NATIONAL INSURANCE class 2 contributions – failure to pay – whether failure to pay attributable to ignorance or error; whether ignorance or error due to failure to exercise due care and diligence – appellant took care to appoint a recommended accountant to deal with the NIC matters – accountant failed to correctly advise appellant – appeal allowed.

Citations:

[2013] UKFTT 244 (TC)

Links:

Bailii

Taxes – Other

Updated: 05 December 2022; Ref: scu.491870

Percival v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK than if taxed as his wife in Ireland – whether Article 18 DTC compatible with EU law – discrimination on grounds of nationality – whether Article 18 DTC compatible with Article 14 of the European Convention on Human Rights – construction of Article 23(1) of the DTC (non-discrimination clause) – appeal dismissed

Citations:

[2013] UKFTT 240 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491868

Manduca v Revenue and Customs: FTTTx 17 Apr 2013

FTTTx Income tax – Appeal against closure notice – ‘Investment bonus’ to be paid to hedge fund managers in connection with the transfer of management of the hedge fund from one company to another – Whether payment a capital sum – In the circumstances, no – Appeal dismissed

Citations:

[2013] UKFTT 234 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491865

The Suffolk Gate Company Ltd v Revenue and Customs: FTTTx 17 Apr 2013

FTTTx PAYE – appeal against the penalty imposed for the late payment of PAYE – Schedule 56 Finance Act 2009 – whether fact that appellant was given no specific warning was a reasonable excuse- no – whether lack of knowledge was a reasonable excuse – no – whether penalty was unfair – no- appeal dismissed

Citations:

[2013] UKFTT 237 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491872

Wallace v Revenue and Customs: FTTTx 12 Apr 2013

Procedure – dismissed out of time

Citations:

[2013] UKFTT 227 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Wallace v Revenue and Customs FTTTx 4-Jul-2012
FTTTx TYPE OF TAX – capital gains tax – returns admittedly omitted chargeable gains -assessment raised – not properly appealed for over 2 years – whether permission should be granted to bring a late appeal – . .

Cited by:

Appeal from – Wallace v Revenue and Customs ChD 6-Dec-2017
The court was asked whether the relevant statutory regime permitted the claimant to pursue a claim at common law for restitution of overpaid income tax or, whether the court has jurisdiction to entertain the claim.
Held: They are two sides of . .
Lists of cited by and citing cases may be incomplete.

Taxes Management

Updated: 05 December 2022; Ref: scu.491874

PC and Another v City of York Council: CA 1 May 2013

It had been decided that PC, a 43 year old woman, had capacity to marry, but the LA now argued that she did not have the capacity to decide to live with her partner, a man who had old convictions for serious sexual assault.
Held: Decisions as to the existence of capacity was always specific to the situation and the particular factual matrix and the context.

Judges:

Richards, McFarlane, Lewison LJJ

Citations:

[2013] EWCA Civ 478, (2013) 16 CCL Rep 298, [2014] 2 WLR 1, [2013] WLR(D) 176, [2013] Med LR 213, [2014] 1 FAM 10

Links:

Bailii, WLRD

Statutes:

Mental Capacity Act 2005 4

Jurisdiction:

England and Wales

Citing:

Cited – Sheffield City Council v E; Re E (An Alleged Patient) FD 2-Dec-2004
The council sought an order to prevent E, a patient from contracting a marriage which it considered unwise. As a preliminary issue the parties sought guidance as to the questions to be put to the expert as to capacity.
Held: The woman suffered . .
Cited – Local Authority X v MM and Another; re MM (An Adult) FD 21-Aug-2007
The test for capacity to consent to sexual relations must be the same in its essentials as the test in the criminal law; more importantly ‘a woman either has capacity, for example, to consent to ‘normal’ penetrative vaginal intercourse, or she does . .
Lists of cited by and citing cases may be incomplete.

Health, Family

Updated: 05 December 2022; Ref: scu.491839

Tael One Partners Ltd v Morgan Stanley and Co International Plc: CA 1 May 2013

Morgan Stanley appealed against summary judgment given against it in respect of the application of the terms of a standard form assignment of a Loan agreement.
Held: The words ‘which are expressed to accrue by reference to the lapse of time’, in condition 11.9(a), echo the introductory condition 11.1, which provides that the interest and fees ‘which are expressed to accrue by reference to time elapsed’ are based on the rates contained in the credit agreement (in this case, the facility agreement). Like the judge, Longmore LJ considered that the payment premium was an amount which was ‘expressed to accrue by reference to time elapsed’, since it was an ‘additional amount . . which together with [other sums] equates to an internal rate of return equal to the Loan IRR calculated . . from the date of disbursement up to the date of payment or prepayment’.

Judges:

Longmore, Rimer, Tomlinson LJJ

Citations:

[2013] EWCA Civ 473, [2013] 1 CLC 879

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First Instance – Tael One Partners Ltd v Morgan Stanley and Co International Plc ComC 9-Jul-2012
Each party sought summary judgment.
Held: Popplewell J granted Tael’s application and dismissed Morgan Stanley’s. The payment premium was similar to interest and performed an analogous function. The cost of the borrowing was more than the . .

Cited by:

Appeal from – Tael One Partners Ltd v Morgan Stanley and Co International Plc SC 11-Mar-2015
This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a . .
Lists of cited by and citing cases may be incomplete.

Contract, Financial Services

Updated: 05 December 2022; Ref: scu.491841

LB v London Borough of Merton and Another: CA 1 May 2013

Judges:

Maurice Kay LJ VP CA, Rafferty, Ryder LJJ

Citations:

[2013] EWCA Civ 476

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – London Borough of Merton v LB FD 19-Dec-2014
The court considered applications in the case of a proposed adoption of a child LB. The mother, Latvian, and the Latvian authorities opposed the application, saying that the child’s future should be settled in Latvia. CB had been taken into care . .
See Also – Re CB (A Child) CA 6-Aug-2015
P was the child of now separated women. P was born in the UK but taken by one parent to Pakistan. The other parent now appealed from refusal of her request for the court to exercise its inherent jurisdiction or wardship to support her application . .
Lists of cited by and citing cases may be incomplete.

Adoption

Updated: 05 December 2022; Ref: scu.491838

Eclipse Generic Ltd v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx INCOME TAX – penalty for late submission of P35 – disputes as to the facts – Tribunal making further findings of fact – whether HMRC had sent out a ‘failed transmission notice’ – no – whether company reasonably believed the return had been filed on time – yes – appeal allowed.

Citations:

[2013] UKFTT 248 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491856

Carter v Revenue and Customs: FTTTx 18 Apr 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 cash deficit – could this be explained otherwise than by reference to under declarations of income – Appellant’s explanations allowed in part – in part Appellant failed to discharge this conclusion – presumption of continuance for previous and later years accepted but on the basis of reduced under declaration – Appellant failed to keep adequate records and was negligent and Respondent’s method of calculating penalties accepted – Appeal allowed in part

Citations:

[2013] UKFTT 247 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491851

Broome v Director of Border Revenue: FTTTx 12 Apr 2013

FTTTx EXCISE DUTY RESTORATION OF VEHICLE – vehicle restored for fee representing excise duty on goods seized (hand rolled tobacco) – level of fee – non-apportionment of fee to goods attributable to appellant – appellant offered to pay fee – appellant incurred other costs relating to seizure and restoration – whether decision to restore for fee should have been made sooner – whether decision one that could not reasonably have been arrived at? – no – appeal dismissed

Citations:

[2013] UKFTT 228 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Customs and Excise

Updated: 05 December 2022; Ref: scu.491850

Abraham v The Director of Border Revenue: FTTTx 16 Apr 2013

FTTTx VAT and Customs Duty – importation of goods from Hong Kong – replacement item for previous purchase of wrong size – was VAT and Customs Duty due – yes- was review decision reasonable – yes – appeal dismissed

Citations:

[2013] UKFTT 233 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Customs and Excise

Updated: 05 December 2022; Ref: scu.491849

Womack (T/A Dactyl Publishing) v Revenue and Customs: FTTTx 21 Mar 2013

FTTTx Penalty – late payment of PAYE and NICs – FA 2009, Schedule 56 – whether an insufficiency of funds was a reasonable excuse for late payment – no – whether lack of specific warning a reasonable excuse – no – whether any special circumstances existed to justify a reduction in the penalty amount – no – whether the penalty was disproportionate – no appeal dismissed

Citations:

[2013] UKFTT 223 (TC)

Links:

Bailii

Taxes Management

Updated: 05 December 2022; Ref: scu.491848

Flood v Revenue and Customs: FTTTx 19 Apr 2013

FTTTX INCOME TAX – PAYE – Extra-Statutory Concession A19 – Underpayments of tax – Appellant with two employments – Subsequent adjustments to recover underpayments – Appellant’s claim to have received wrong coding instructions – Whether Tribunal can direct HMRC not to collect the underpaid tax – No – Tribunal has no authority to enforce compliance with Extra-Statutory Concession – Appeal dismissed

Citations:

[2013] UKFTT 251 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491858

HQ Graphics Ltd v Revenue and Customs: FTTTx 11 Apr 2013

FTTTx VAT – INPUT TAX – Article 5 of VAT (Special Provisions) Order 1995 – sale of printing machinery and office equipment to appellant not to be treated as a supply of goods on basis the seller of the machinery and equipment had transferred its business as a going concern to the appellant – appeal dismissed

Citations:

[2013] UKFTT 226 (TC)

Links:

Bailii

VAT

Updated: 05 December 2022; Ref: scu.491861

Draper v Revenue and Customs: FTTTx 17 Apr 2013

FTTTx INCOME TAX – PENALTY AND SURCHARGE – HMRC conceded the Appeals on surcharges and second late filing penalty for 2001/02 and late filing penalties for 2003/04 – first late filing penalty for 2001/02 cancelled – surcharges for 2003/04 confirmed – Appeal allowed in part

Citations:

[2013] UKFTT 239 (TC)

Links:

Bailii

Income Tax

Updated: 05 December 2022; Ref: scu.491855

Legal Reports and Services Ltd v Revenue and Customs: FTTTx 21 Feb 2013

FTTTx Penalty – late payment of PAYE and NICs – FA 2009, Schedule 56 – whether lack of specific warning a reasonable excuse – no – whether any special circumstances existed to justify a reduction in the penalty amount – no – whether the penalty was disproportionate – no – whether unfair – no appeal dismissed

Citations:

[2013] UKFTT 224 (TC)

Links:

Bailii

Taxes Management

Updated: 05 December 2022; Ref: scu.491845

Pharma Intranet Information AG v IMS Health GmbH and Co. OHG: 2005

(Oberlandesgericht Frankfurt) The court asked whether a database produced by the claimant for the pharmaceutical market containing figures for revenue and sales development for medicines sold in Germany, was protected by copyright. The data was divided into a large number of geographical segments.
Held: ‘The concrete partitioning into segments, selected by the claimant with the participation of the Working Group, conveys the sufficient impression of individuality by the author of the collected work. This is because the individuality differentiates the work protected in copyright law from the unprotected mass of everyday things, from purely physical labour, routine performance. A selection or organisation that anyone would undertake in a particular manner does not constitute individual creation. If the selection or organisation is determined by the nature of the thing or is predetermined by purposefulness or logic, then there is no room for individual creative work . . It is true that the organisation of the data into segments and those segments’ border mappings occur consonant with aspects of purposefulness, because the claimant’s customers want to receive information that is as specific and informative as possible. This fact, however, does not stand in the way of the assumption of a work that is protected in copyright law. What is determinant for the segment structure’s ability to be protected within the meaning of s.4 of the UrhG, is that various criteria be considered for individual decisions and, in turn, can be variously weighted, such as, for example, the geographic position of bridges and rivers or the number of pharmacies within a segment. In the individual case, the decision goes beyond that which is manual labour or schematic and the decision allows sufficient manoeuvering room for an individuality that, in any case, satisfies the requirement of the so-called ‘small coin of copyright law’.

Citations:

[2005] ECC 12

Jurisdiction:

European

Cited by:

Cited – Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 05 December 2022; Ref: scu.408857

In re Binns: 1896

Two sons were made bankrupt after the death of their father who was surety under a loan.

Citations:

[1896] 2 Ch 584

Jurisdiction:

England and Wales

Cited by:

Cited – In re Kaupthing Singer and Friedlander Ltd SC 19-Oct-2011
The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 05 December 2022; Ref: scu.449851

Burns v Campbell: 1951

An action commenced by a plaintiff in a representative capacity which the plaintiff does not in fact possess is a nullity, and, further, that it makes no difference that the claim made in such an action is a claim under the Fatal Accidents Acts which the plaintiff could have supported in a personal capacity as being one of the dependants to whom the benefit of the Acts extends.

Citations:

[1952] 1 KB 15, [1951] 2 All ER 965

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.

Limitation, Wills and Probate

Updated: 05 December 2022; Ref: scu.415961

Ian Stach v Baker Bosley Ltd: 1958

The parties contracted for the sale of ship plates fob Benelux port for shipment to Canada in August-September 1956 with payment to be by confirmed irrevocable credit. The buyers failed to open the credit either by August 1st or by August 8th when the sellers called for it to be opened immediately.
Held: It was the duty of the buyers to establish the credit by August 1st at the latest and, although the sellers had waived their right to treat the contract as repudiated by reason of their failure to do so until such time had elapsed after August 8th as could be regarded as ‘immediately’, on August 14th, the sellers had been entitled to accept, as they did, the buyers’ breach was a repudiation of the contract. What was required was that by the time the shipping period started the seller should have received from the banker the assurance that if he performed his part of the contract he would receive payment.
A commercial letter of credit or banker’s credit is more than ‘a mere method of payment’ and ‘creates a direct liability upon the banker independent of the contract of sale, and is an undertaking by the banker that if the seller presents the required documents in the required time he will receive payment of the contract price’.

Judges:

Diplock J

Citations:

[1958] 2 QB 130

Jurisdiction:

England and Wales

Citing:

Binding – Pavia and Co SPA v Thurmann-Nielsen CA 1952
In cif contracts the credit must be opened at the latest at the beginning of the shipment period. The seller is entitled, before he ships the goods to be assured that when he does so, he will get paid. . .

Cited by:

Cited – Kolmar Group Ag v Traxpo Enterprises Pvt Ltd ComC 1-Feb-2010
The claimant sought damages in contract alleging economic duress. They said that at a late stage, when the defendant knew of the urgent needs of the caimant, he imposed an exorbitant change of price.
Held: The claim succeeded. The pressure . .
Lists of cited by and citing cases may be incomplete.

Contract, Banking

Updated: 05 December 2022; Ref: scu.396479

Paturel v Marble Arch Services Ltd: 2005

A claim for costs was made. The solicitor qualified in April 2002, and the matter concluded in 2004. pounds 200 per hour (the Grade B rate) was claimed in the Bill of Costs because he had 15 years litigation experience. This rate was allowed at Detailed Assessment. The payers argued that ‘the deputy master erred in allowing the hourly rate of pounds 200 per hour applicable to a Grade B fee earner in central London for the work done by R. R was admitted as a solicitor on 2 April 2002, although he was said to have 15 years’ litigation experience. However, the guideline bands, as quoted by the deputy master, state that Grade B covers ‘solicitors and legal executives with over four years’ post-qualification experience, including at least four years’ litigation experience.’ pounds 200.00 per hour should not have been allowed and that the appropriate rate would be that of a Grade C, given the solicitor had only 2 years post qualification experience.
Held: The objection was rejected. The Master stated ‘I accept the submission that it is the experience of the representative which is of particular relevance here, experience frequently being as valuable if not more valuable in this area than an academic or professional qualification. The guidelines relied on (by Ms Ackland) are not binding instruments and the considerable experience of the assessors in this appeal is that litigation experience of this length, prior to qualification, would always be recognised and taken into account in determining the appropriate grade of fee earner and hourly rate. I therefore see no error in the deputy master’s decision to allow the rate applicable to a Grade B fee earner.

Citations:

[2005] EWHC 1055

Jurisdiction:

England and Wales

Costs

Updated: 05 December 2022; Ref: scu.406784

Pintos Global Services Limited (Patent): IPO 6 Apr 2001

The invention relates to a system for the exchange of information between prospective providers, such as lenders, and prospective enquirers, such as borrowers. Companies and other prospective borrowers seeking to raise finance traditionally have to approach prospective lenders through an intermediary .The present invention aims to provide a computerised system using databases to enable much easier, quicker and direct exchange of information between such parties and helps to match the requirements of the respective parties. The applicant argued that by claiming a system as opposed to a method, the present case was distinguished from Merrill Lynchs Application [1989] RPC 561, but was similar to that in Pension Benefit Systems Partnership (T 931/95) where the Technical Board of Appeal found that a claim to a computer system suitably programmed for use in a particular field, even where the field is one of business and economy, has the character of a concrete apparatus in the sense of a physical entity, man-made for a utilitarian purpose and is thus an invention within the terms of Section 52. This argument was rejected on the basis that the claim refused by the Court of Appeal in Merrill Lynch was directed to a data processing system, and so the present application was refused.

Citations:

[2001] UKIntelP o17101

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 05 December 2022; Ref: scu.454190

Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 1 Mar 2012

Opinion – Accession of new Member States – Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Bulgaria – Applicability of Directive 2004/114/EC – Conditions for admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service – Standstill clause – Principle of preference for Union citizens – Admissibility of legislation of a Member State which makes the issue of a work permit to Bulgarian nationals subject to systematic examination of the situation in the labour market

Citations:

C-15/11, [2012] EUECJ C-15/11

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien ECJ 21-Jun-2012
ECJ Accession of new Member States – Republic of Bulgaria – Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 December 2022; Ref: scu.460887

Mulcahy, Regina v: Admn 26 Oct 2000

The defendant had been convicted on the strength of identification evidence. Subsequently a fingerprint had been found which belonged to someone who fitted the description first given by the witness.
Held: The conviction was unsafe.

Citations:

[2000] EWCA Crim 106

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 05 December 2022; Ref: scu.331142

Grubb v Grubb: CA 25 Sep 2009

Reasons for refusal of permission to appeal against an occupation order.
Refusal of leave to appeal from an occupation order

Judges:

Wilson J

Citations:

[2009] EWCA Civ 976, [2010] Fam Law 1277, [2011] 1 FLR 687

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 05 December 2022; Ref: scu.375171

HBH, Regina (On the Application of) v Secretary Of State for the Home Department and Another: Admn 6 May 2009

The claimant challenged the procedures used to decide his age after he arrived in the UK and was prosecuted for immigration offences.

Judges:

Keith J

Citations:

[2009] EWHC 928 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Crime, Immigration

Updated: 05 December 2022; Ref: scu.341856

Cameron, Regina v: CACD 15 Oct 2008

From 12 months detention in a young offender institution for conviction of doing acts tending and intended to pervert the course of justice.

Judges:

Lord Judge LCJ

Citations:

[2008] EWCA Crim 2493

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 05 December 2022; Ref: scu.343043

C and G Homes Ltd v Secretary Of State For Health: CA 1991

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 or thing which may be or become a nuisance, annoyance, danger or detriment to the transferor or owners or occupiers for the time being of other parts of the estate’
Held: the appeal succeeded. There had been no breach of covenant.
Nourse LJ said: ‘Mr Macdonald’s [for the appellant] primary submission was that the covenant does not impose any restriction on the persons who may occupy the property. It only restricts the acts or things which the occupants, whoever they be, may do there. Although Ferris J thought that that was too narrow a view, I suspect that it accords with the construction which most conveyancers would put on a covenant in this form, again a very familiar one’.
Lord Donaldson of Lymington MR said: ‘The position in relation to covenant 20 is quite different. Once again I have to look to the object and to the words. It is not directed to the use being made of the property, that being the subject matter of covenant 24(2). It is directed instead at conduct in or upon the premises which causes or may cause nuisance, annoyance, danger or detriment to other owners . . or occupiers of other parts of the estate or to the plaintiff. No complaint whatsoever is being made in relation to the conduct of the occupants in or upon the premises. The evidence relied upon as constituting a detriment to the plaintiff relates solely to the use of the premises made by the Secretary of State and amounts to no more than that in a buyers’ market a particular purchaser was astute enough to use the general nature of that use as a lever to obtain a small reduction in the purchase price. There has been no breach of covenant 20′.

Judges:

Nourse LJ, Lord Donaldson of Lymington MR

Citations:

[1991] Ch 365

Jurisdiction:

England and Wales

Cited by:

Cited – Davies v Dennis and Others CA 22-Oct-2009
The land owner appealed against an injunction given to prevent him carrying out building works which the neighbours said would breach a restrictive covenant. The covenants negatived a building scheme.
Held: The appeal failed. Covenants of the . .
Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 05 December 2022; Ref: scu.377204

Khan, Regina (on the Application of) v Chief Constable of Lancashire: Admn 30 Jan 2009

Judges:

Elias J

Citations:

[2009] EWHC 472 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – K, Regina (on The Application of) v Chief Constable of Lancashire Police CA 24-Jun-2009
K renewed his application for leave to appeal against refusal of judicial review of the decision of his chief constable to dispense with his services. . .
Cited – Kay, Regina (on The Application of) v Chief Constable of Northumbria Police Admn 18-Jan-2010
Having succeeded in her claim as to the lawfulness of the decision of the defendant to end her appointment as a probationary constable, the claimant now sought an order mandating her continued employment by the defendant. She had been acquitted of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 December 2022; Ref: scu.324650

Shiekh, Regina (On the Application of) v General Dental Council: Admn 9 Nov 2007

Citations:

[2007] EWHC 2972 (Admin)

Links:

Bailii

Statutes:

Medical Act 1983 41A

Jurisdiction:

England and Wales

Cited by:

See also – Shiekh v The General Dental Council Admn 16-Jan-2009
The dentist had been accused of participating in a fraud involving making false claims for travel expenses.
Held: The allegation was insufficient to justify suspension of the dentist’s registration. Davis J said: ‘It is a very serious thing . .
Cited – Bradshaw v General Medical Council Admn 4-Jun-2010
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 05 December 2022; Ref: scu.331117

In re Lord Bishop of Natal: 1865

Citations:

(1865) 3 Moore (NS) 114

Jurisdiction:

England and Wales

Cited by:

Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 05 December 2022; Ref: scu.277175

Moorhouse v University of New South Wales: 1976

(High Court of Australia) The plaintiffs complained that the facilities of a library included a photocopying machine, alleging that this encouraged copyright infringement. Held; Gibbs J said: ‘a person who has under his control the means by which an infringement of copyright may be committed – such as a photocopying machine – and who makes it available to other persons, knowing, or having reason to suspect, that it is likely to be used for the purpose of committing an infringement, and omitting to take reasonable steps to limit its use to legitimate purposes, would authorise any infringement that resulted from its use.’

Judges:

Gibbs J

Citations:

[1976] RPC 151

Jurisdiction:

Australia

Cited by:

Cited – Twentieth Century Fox Film Corporation and Another v Newzbin Ltd ChD 29-Mar-2010
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights.
Held: The defendant . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 05 December 2022; Ref: scu.267926