The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995
E.I.R regulation 12(5)(e) and (f) Whether the requested information was commercially confidential. Whether disclosure would have an adverse effect on the interests of the party providing the information to SACDC. Judges: David Farrer QC TJ Citations: [2014] UKFTT 2014 – 0025 (GRC) Links: Bailii Statutes: Environmental Information Regulations 2004 Jurisdiction: England and Wales Information, Environment … Continue reading St Albans City and District Council v Ic (Environmental Information Regulations 2004): FTTGRC 24 Sep 2014
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014
Claim by ‘C’ to challenge the failure of the Secretary of State for the Home Department to grant him humanitarian protection but instead to grant only discretionary leave for a period of six months. Citations: [2008] EWHC 2448 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 26 November 2022; Ref: scu.408836
The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse. Held: ‘An officer can only require a driver to produce his licence if the requirement is for the … Continue reading Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009
The Plaintiff had stabbed his wife to death while acting under a delusion induced by a reaction to a drug that he had been prescribed. Held: Public policy did not require in every case of the manslaughter of a spouse that the forfeiture rule must be applied. The court should exercise a discretion after careful … Continue reading Re H (Deceased): 1990
Appeal from decisions applying planning enforcement notices. Judges: Sullivan J Citations: [2006] EWHC 3482 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 26 November 2022; Ref: scu.249167
Citations: [2007] EWCA Civ 455 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 26 November 2022; Ref: scu.252453
The applicant appealed rejection of his claim for asylum. Held: ‘the claimant has wholly failed to demonstrate, even to the very low level of possibility which suffices to quash a certificate, that there is any risk to him if he is returned to Colombo. ‘ Judges: Munby J Citations: [2006] EWHC 392 (Admin) Links: Bailii … Continue reading Yogachandran, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 7 Feb 2006
Thre had been an action for copyright and trade mark infringement. The court considered the personal liability of directors of the company for the costs of the action. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1923, [2003] 1 BCLC 93, [2002] EMLR 1 Links: Bailii Jurisdiction: England and Wales Citing: See Also – MCA Records … Continue reading MCA Records Inc v Charly Records Ltd and others (No 5): CA 29 Nov 2001
Reasons given for a decision may be brief, whilst still following Poyser. The fact that a procedure is not in the nature of a judicial or quasi-judicial hearing between parties may mean that the requirement to give a party full opportunity to advance his case does not apply in the same way as in such … Continue reading Edwin H Bradley and Sons Ltd v Secretary of State for the Environment: 1982
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911
The applicant appealed dismissal of his appeal against a planning enforcement notice issued by the respondent. He said the change had taken place more than ten years before the notice and so was immune to enforcement proceedings. An earlier decision appeared to establish use at that time. Held: An issue estoppel was claimed for which … Continue reading Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council: Admn 14 Mar 1997
The complainant requested information regarding a particular criminal investigation. The Commissioner’s decision is that the Commissioner of the Metropolitan Police Service failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the MPS to take the following steps to ensure compliance with the … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 24 Jun 2019
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for correspondence Respect for private and family life Citations: 33242/12, [2017] ECHR 613 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607715
ECHR Judgment : Violation of Article 6+6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 24625/05, [2017] ECHR 507 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607697
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 1 Citations: 12487/09, [2017] ECHR 580 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607662
The Complainant requested all internal documents from the Department of Culture Media and Sport (DCMS) relating to the purchase of art works by an individual and the National Council for Art Culture and Heritage (NCAH) in Qatar. The Complainant also requested communications between DCMS and any outside bodies regarding the purchases. DCMS disclosed all the … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 23 May 2007
Variation of restrictive covenant entered into as part of section 52 agreement. Citations: [1988] EWCA Civ 1, [1989] 05 EG 85, [1989] 1 EGLR 193, [1989] 57 P and CR 119, [1988] 3 PLR 45 Links: Bailii Statutes: Town and Country Planning Act 1971 52 Jurisdiction: England and Wales Land, Planning Updated: 26 November 2022; … Continue reading Martin and Another, Re Application for Judicial Review: CA 10 May 1988
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
Undue influence was found to have been exercised by a secretary companion over her elderly employer. Citations: [1971] Ch 95 Jurisdiction: England and Wales Cited by: Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001 Wives had charged the family homes … Continue reading In re Craig, Decd: 1971
Ship owners were liable in damages to their charterer who was unable to fulfil its contracts because the ships did not comply with the Marine Pollution Convention. Judges: Cooke J Citations: [2007] EWHC 1890 (Comm), [2007] 2 CLC 648, [2008] 1 All ER (Comm) 497, [2008] 1 Lloyd’s Rep 262 Links: Bailii Statutes: Convention on … Continue reading Golden Fleece Maritime Inc and Another v St Shipping and Transport Inc: Comc 2 Aug 2007
ECFI Competition – Cartel – Lysine – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Turnover – Aggravating circumstances – Mitigating circumstances – Cooperation during the administrative procedure – Concurrent sanctions. Citations: T-224/00, [2003] EUECJ T-224/00 Links: Bailii Jurisdiction: European Cited by: See Also – Archer … Continue reading Archer Daniels Midland and Archer Daniels Midlands Ingredients v Commission (Judgment): ECFI 9 Jul 2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
The pursuer owned a flat on the second and top floors of a building damaged by renovation works carried out by the defenders to the basement and ground floor of the same building. He relied on a letter by the defenders’ loss adjusters confirming that they had no objection to the pursuer instructing the necessary … Continue reading Richardson v Quercus Limited: IHCS 24 Dec 1998
(Rec 2000,p II-373) Action for annulment – Application signed by a lawyer not authorised to practise before a court of a Member State or of a State which is a party to the European Economic Area Agreement – Inadmissibility. Citations: T-37/98, [2000] EUECJ T-37/98 Links: Bailii Jurisdiction: European European Updated: 25 November 2022; Ref: scu.173496
An employee was suspended, but complained of race discrimination. A settlement was reached. When applying for another job, the reference given mentioned only one side of the dispute. Held: A reference had to be viewed as a whole, and to be seen to be fair, but that in this case it was. The claimant had … Continue reading Bartholomew v London Borough of Hackney and Yeboah: CA 23 Oct 1998
Indirect taxes – Excise duties – Directive 92/12/EEC – Article 3(2) – Mineral oils – Tax on retail sales – Concept of ‘specific purpose’ – Transfer of powers to the Autonomous Communities – Financing – Predetermined allocation – Health-care and environmental expenditure Citations: [2014] EUECJ C-82/12, ECLI:EU:C:2014:108 Links: Bailii Statutes: Directive 92/12/EEC Jurisdiction: European Citing: … Continue reading Transportes Jordi Besora, SL v Tribunal Economico Administrativo Regional De Cataluna: ECJ 27 Feb 2014
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking emails held by the Nigerian section which mentioned certain key words relating to an oil field. The FCO provided some information falling within the scope of the request but withheld parts of the information on the basis of sections 27(1)(a) and (b) … Continue reading Foreign and Commonwealth Office (Central Government): ICO 17 Dec 2019
INCOME TAX/VALUE ADDED TAX – whether Appellant had undeclared trading income – time limit for issuing discovery assessment – whether Appellant’s VAT returns were inaccurate – whether Appellant liable for penalty for failure to file self-assessment tax returns – s 93 Taxes Management Act 1970 – whether Appellant’s conduct dishonest/deliberate – s 60 Value Added … Continue reading Qolaminejite v Revenue and Customs (Income Tax/Value Added Tax – Undeclared Trading Income): FTTTx 2 Dec 2019
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980
cw Ex Parte Decisions – Patents Judges: Mr M Wright Citations: O/340/02 Links: PO Jurisdiction: England and Wales Intellectual Property Updated: 25 November 2022; Ref: scu.177260
A devise of ‘all my leasehold farm-house, homestead, lands, and tenements at Headington, containing about 170 acres, held under Magdalen College, Oxford, and now in the occupation of Thomas Burrows’ was construed as excluding two parcels of land not occupied by Thomas Burrows at Headington, the words relating to the acreage being rejected as a … Continue reading Morrell v Fisher: 22 Dec 1849
A notice to quit was served by the head landlord in collusion with the head tenant. Citations: [1990] 2 EGLR 245 Jurisdiction: England and Wales Citing: Applied – Mellor v Watkins 1874 Allen held a yearly tenancy of premises subject to a yearly sub-tenancy of part. The sub-tenancy was afterwards acquired by the defendant. Allen … Continue reading Sparkes v Smart: 1990
WL, brother of JL, gave property to JL charged with a legacy of pounds 5,000 to JL’s daughter, Susan, then unmarried. JL by his will later gave her pounds 10,000 on trust for life with remainder to her children and provided that the pounds 10,000 was to be additional to the gift to Susan (the … Continue reading Earl of Durham v Wharton: HL 1836
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Award of contracts – Article 2(1)(10) – Concept of an ‘economic operator’ – Inclusion of a general partnership without legal personality – Article 19(2) and Article 63 – Joint undertaking … Continue reading Taxi Horn Tours (Judgment): ECJ 10 Nov 2022
The parties had entered into a Post-nuptial agreement but it was not at first formally recorded but implemented over a period of years. W now applied for ancillary relief upon later divorce. The Court was now asked whether the agreement was to be strictly adhered to, or altered for genuine errors. How court’s discretion to … Continue reading Horohoe v Horohoe: FC 24 Nov 2020
The applicant sought asylum. He was found to have a well founded fear of prosecution if returned but other parts of his story were rejected. After appeal on a point of law, his entire case was then rejected as untruthful – propriety of issues of credibility being reconsidered and also the approval of the tribunal … Continue reading MO (Algeria) v Secretary of State for the Home Department: CA 14 May 2007
Appeal from refusal of asylum claim on what were broadly grounds of politics and ethnicity. Citations: [2008] EWCA Civ 65 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.264530
Citations: [2007] EWCA Civ 1384 Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 24 November 2022; Ref: scu.263407
Citations: [2007] EWCA Civ 1437 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.263640
Citations: [2007] EWCA Civ 1321 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.263398
Citations: [2007] EWCA Civ 1431 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.263639
Renewed application for permission to appeal Judges: Lord Justice Buxton Citations: [2007] EWCA Civ 1440 Links: Bailii Jurisdiction: England and Wales Cited by: Leave – OH (Serbia) v Secretary of State for the Home Department CA 30-Apr-2008 Wilson LJ considered N (Kenya) and said: ‘Primary responsibility for the public interest, whose view of it is … Continue reading OH (Serbia and Montenegro) v Secretary of State for the Home Department: CA 5 Dec 2007
Citations: [2007] EWCA Civ 1438 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.263641
Judges: Lord Justice Hooper Citations: [2007] EWCA Civ 1278 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.262942
The mother appealed a decision that the court had power to decide whether the child should be told of its paternity. Held: J -v- C had been dealing with particular procedural issues. The Family justice system in its protective function was entitled to take responsibiliity for deciding whether a child should be told of his … Continue reading In re F (Children) (Declaration of Paternity): CA 25 Jul 2007
The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits. Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant. Judges: Tuckey … Continue reading Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007
The claimant had sought support which had been refused by the Home Secretary on the basis that he was no longer an asylum seeker. The claimant sought judicial review of the refusal of his appeal by the Chief Asylum Support adjudicator. The Home Secretary said that there was no jurisdiction to hear such an appeal. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 30 Nov 2006
Renewed application for permission to appeal the decision of the Asylum and Immigration Tribunal on a reconsideration upholding the Secretary of State’s refusal to allow the applicant to remain here on the basis of his marriage to a person present and settled here. Judges: Auld LJ Citations: [2007] EWCA Civ 591 Links: Bailii Jurisdiction: England … Continue reading EL (Jamaica) v Secretary of State for the Home Department: CA 14 May 2007
The end of a criminal trial is not necessarily the end of the court’s power to control the evidence submitted. Judges: Wright J Citations: [1894] 1 QB 420 Jurisdiction: England and Wales Cited by: Cited – West Yorkshire Police v Lincoln Crown Court and Another Admn 27-Apr-2005 Police officers had unlawfully tape recorded private and … Continue reading Regina v Lushington ex parte Otto: QBD 1894
Judges: Forbes J Citations: [1977] QB 411 Statutes: Conveyancing Act 1881 6 Jurisdiction: England and Wales Cited by: Appeal from – Sovmots Investments Ltd v Secretary of State for the Environment HL 28-Apr-1977 The section in the 1881 Act does not apply to a quasi-easement because ‘When land is under one ownership one cannot speak … Continue reading Sovmots Investments Ltd v Secretary of State for the Environment: 1977
A legal aid committee could not refuse legal aid under this provision solely on the ground that the applicant had acquired the cause of action by assignment from an insolvent company, without having regard to the other circumstances of the case. Judges: Hodgson J Citations: Unreported, 22 February 1985 Statutes: Legal Aid Act 1988 15(3)(a) … Continue reading Regina v The Law Society, Ex parte Nicholson: 22 Feb 1985
Citations: [1953] 1 WLR 1150 Jurisdiction: England and Wales Cited by: Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005 Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of … Continue reading Regina v Metropolitan Police Commissioner, Ex parte Parker: 1953
Unless the contrary intention is expressed, where at the time of the trust, the class of beneficiaries is not identified, it will close as soon as the first member becomes entitled to take his share. Citations: (1791) 3 Bro CC 401 Jurisdiction: England and Wales Trusts, Wills and Probate Updated: 24 November 2022; Ref: scu.222681
Abbott CJ: ‘If an inferior court . . send up an incomplete record, we may order them to complete it . . If we are not to order, or allowthe officers of the court below to make a perfect record, which unquestionably they are at liberty to do, it will be in their power, by … Continue reading Williams v Lord Bagot (2): 1824
If a defendant considers that the particulars provided in an information are insufficient the court has the power, at any time after the charge has been preferred, to require the prosecution to furnish him with better and more complete particulars. Citations: [1965] 1 All ER 602 Jurisdiction: England and Wales Cited by: Cited – Dacre … Continue reading Regina v Aylesbury Justices, Ex parte Wisbey: 1965
(Year) The rule against self-dealing applies even if the fiduciary duty acts in the purchase only as an agent for others. Citations: 10 Ves 381 Jurisdiction: England and Wales Cited by: Cited – Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited ChD 21-Dec-2004 The claimants sought damages from the defendant. He … Continue reading Ex parte Bennett: 1805
The deceased had written to the Plaintiff offering her ‘what emotional security I can give, plus financial security during my life, and financial security on my death.’ Held: The statement could was insufficient to establish either a constructive trust or a proprietary estoppel. Scott J said: ‘The proprietary estoppel line of cases are concerned with … Continue reading Layton v Martin: 1986
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004
The court considered whether to order jury trial of a defamation action. Held: The triggers of ‘prolonged examination’ and ‘inconvenience’ are not two separate requirements and must be considered together, although it is convenient to take them separately. The word ‘documents’ is not limited to ‘contemporaneous’ documents or cross-examination material but would also include any … Continue reading Field v Local Sunday Newspapers Limited: 10 Dec 2001
Supervening insanity will not revoke a will made when the testator was of sound mind. Citations: [1708] 11 MOD RAP 148 Jurisdiction: England and Wales Cited by: Cited – Potter v Potter FdNI 5-Feb-2003 The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was … Continue reading Arthur v Bokenham: 1708
It is no defence to the party in breach that by reason of the agent’s dealings with a third party the actual incidence of the loss may fall elsewhere. Citations: (1995) 49 Con LR 12 Jurisdiction: England and Wales Cited by: Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000 A main contractor … Continue reading Bovis International Inc v The Circle Ltd Partnership: 1995
Austlii (High Court of Australia) Negligence – Causation – Failure to warn of inherent risk of operation about which patient had specifically inquired – Plaintiff would have inevitably required the same operation at some time in the future but would have postponed the operation performed if properly warned – Surgery was performed with due skill … Continue reading Chappel v Hart: 2 Sep 1998
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
The claimants bought property at a price based upon a valuation provided by the defendants. They sought damages being the costs of repairing the property, the necessity of such repairs not having been revealed by the report. Expert valuation showed that the property, even unrepaired, exceeded in value the price paid. The defendants obtained summary … Continue reading Smith and Another v Peter North and Partners: CA 8 Oct 2001
The court heard an appeal against a Master’s order which had given the defendant permission under rule 36.6(5) to withdraw a Part 36 payment. Held: The same considerations apply to giving permission to withdraw money in court as to refusing permission to take it out. He inclined, following Marsh v. Frenchay Healthcare, to a more … Continue reading MRW Technologies v Cecil Holdings: 22 Jun 2001
Judges: Collins J Citations: Unreported, 1 July 1996, CO/3921/95 Jurisdiction: England and Wales Citing: Binding – In Re S CA 1995 Parents wanted their children to attend English middle schools in Wales. The Court dealt with the argument that the objective suitability of the nearer school had to be considered by the court on judicial … Continue reading Regina v Bedfordshire County Council ex parte DE: 1 Jul 1996
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law. The … Continue reading Frette v France: ECHR 2002
Citations: [1892] Ch 423 Jurisdiction: England and Wales Cited by: Considered – Charter Reinsurance Co Ltd v Fagan and Others HL 24-May-1996 The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no … Continue reading In re Eddystone Marine Insurance Co, ex parte Western Insurance: 1892
Mr Barrett owed the company money on his partly-paid shares for which calls were made after it went into insolvent liquidation. He had also guaranteed the company’s liability for the purchase price of a coal mine, for which the vendor held security in the form of a mortgage and the company’s promissory note. After the … Continue reading In re Moseley-Green Coal and Coke Co Ltd, Ex parte Barrett: 1865
Alexander Oliphant bought a tenement in Kelso which was being sold by the adjudging creditors of William Chatto. Without becoming infeft, in 1730 Oliphant disponed the decree of sale to Chatto’s son, who also was not infeft. Two years later Chatto junior granted a heritable bond to Bell of Blackethouse who had paid two bills … Continue reading Bell of Blackwoodhouse v Gartshore: 1737
Citations: (1990) 155 JP 107 Jurisdiction: England and Wales Cited by: Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004 The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed … Continue reading Regina v HM Coroner for Birmingham, Ex parte Secretary of State for the Home Department: 1990
The 1988 Act was a consolidating Act. Citations: Unreported, 19 February 1982 Statutes: Coroners Act 1988 83 Jurisdiction: England and Wales Cited by: Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004 The deceased had committed suicide in prison. His family felt that the risk should … Continue reading Regina v Walthamstow Coroner, Ex parte Rubenstein: 19 Feb 1982
The question arising was whether paragraph 55(2) of Schedule 8 to the Finance Act 1995, a reinsurance treaty entered into on 25 November 1994 by the taxpayer reinsurer with a non-resident cedant is, by virtue of the fact that policies of life assurance ceded by that treaty were issued before 1 November 1994, within the … Continue reading Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003
The applicant had been granted leave to enter the UK as a student. He challenged by way of review a decision to curtail that leave. He had taken part time work. Held: The decision to revoke the leave was unlawful. The statement said that he had been given leave to enter the country as a … Continue reading Kan Zhou v Secretary of State for the Home Department: CA 31 Jan 2003
(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of andpound;500. The respondent then applied to the Judicial Committee for an order under its inherent jurisdiction that the appellant pay into court the sum of andpound;130,000 as security for costs, Held: the … Continue reading Electrotec Services Limited v Issa Nicholas (Grenada) Limited: PC 27 Oct 1997
Citations: [2003] EWCA Civ 637 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.182327
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993
European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting … Continue reading Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, and the placement of children in foster homes or other accommodation which they … Continue reading Kutzner v Germany: ECHR 26 Feb 2002
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods. Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Obstacles to trade resulting from disparities between national legislation laying down … Continue reading Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment): ECJ 24 Nov 1993
Where an Immigration Appeal Tribunal heard a case and the judgment would depend upon an assessment of the applicant as to his credibility, a delay of three months between the hearing and the delivery of the judgment was too long. The impression made by the characters involved would have faded, and such a finding could … Continue reading Sambasivam v Secretary of State for the Home Department: CA 10 Nov 1999
(Rec 2000,p I-1129) Judgment) Action for failure to fulfil obligations – Directive 92/12/EEC – Specific tax levied on beverages with a high alcohol contentThe Court summarised the difference between VAT and excise as being that the former is levied on price, ‘whereas excise duty is primarily calculated on the volume of the product’. Article 3(2) … Continue reading Commission v France C-434/97: ECJ 24 Feb 2000
(British Virgin Islands) Two issues arose. First, what was the consequence of inordinate delay between a judge hearing a case and giving his decision, and secondly, how was the law of adverse possession to be applied in cases of interrupted or intermittent occupation. The parties had had resolved a dispute as to the ownership of … Continue reading Cobham v Frett: PC 18 Dec 2000
Judges: Ms Bridget Rees Citations: [2019] UKIntelP o49419 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 24 November 2022; Ref: scu.661034
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Particular visual / aural / conceptual considerations Sections 5(1), 5(2) and 5(3) Likelihood of Confusion – State of the register Other Issues – Treatment of foreign language words Judges: Ms Bethany Wheeler-Fowler Citations: … Continue reading Tuv (Trade Mark: Opposition): IPO 31 Dec 2020
Other Issues – Construction of agreements / contracts Procedural Issues – ‘Wrong’ party’s name on statutory form Procedural Issues – Assignment problems – ownership / authority to act, late defence Judges: Mr M King Citations: [2019] UKIntelP o49519 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 24 November 2022; Ref: scu.661021
The process required by the Court of Appeal in Balajigari may be carried out by the Tribunal in effect applying that guidance, such that the Secretary of State’s failure to do so is rendered immaterial. Citations: [2020] UKUT 126 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 November 2022; Ref: scu.650789
Social policy – Equal treatment for male and female workers – Directive 76/207/EEC – Articles 2 and 5 – Right to leave for employed mothers – Possible use by an employed mother or an employed father – Mother self-employed – Exclusion of the right to leave for an employed father Citations: [2010] EUECJ C-104/09, [2011] … Continue reading Roca Alvarez (Social Policy): ECJ 30 Sep 2010
The Court considered the procedure for fixing the period for which prisoners sentenced to mandatory life imprisonment should serve for retribution and deterrence before their sentences could be reviewed. Held Staughton LJ considered the issue of delegation. After referring to Carltona, he said: ‘Parliament frequently confers powers on a Minister who is the political head … Continue reading Doody v Secretary of State for the Home Department: CACD 1992
Claim for declarations as to the interpretation of the definition of ‘the Index’ under the Rules of the Scheme, which is used for escalation of pensions in payment and various similar provisions, with the object of establishing that the defendants, who are the present Trustees of the Scheme, are obliged, or have the power, for … Continue reading Ove Arup and Partners International Ltd v Trustees of The Arup UK Pension Scheme: ChD 5 May 2020
A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE 1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of ISIL at the end of 2017 and the resulting reduction in levels of direct and … Continue reading SMO, KSP and IM (Article 15(C); Identity Documents) CG Iraq: UTIAC 20 Dec 2019
(1) The fact that an appeal was decided pursuant to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 does not mean that the weight to be attached to the decision necessarily falls to be materially reduced, when applying the Guidelines in Devaseelan v Secretary of State for the Home Department [2002] UKAIT 702. … Continue reading Regina (on The Application of MW) v Secretary of State for The Home Department (Fast Track Appeal: Devaseelan Guidelines): UTIAC 16 Dec 2019
(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, would be a violation of that right. … Continue reading Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020