Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014

The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation.
Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a Chief Constable and was required to be sanctioned by the court.

Judges:

Sir John Thomas P, Foskett J

Citations:

[2014] EWHC 840 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 35(1)

Jurisdiction:

England and Wales

Cited by:

Disapproved – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 04 December 2022; Ref: scu.523156

Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been entitled to refuse disclosure of the letters, and set out his reasoning.
Held: The claim for judicial review failed. Section 53 of the Act was an unusual provision giving an executive override or veto of what (in the case of tribunal and court conclusions) would have been a judicial decision. However the language of the section required there to be reasonable grounds for the certifcate, stated cogently and judged objectively. That statutory test should not be glossed with any Wednesbury style test, and nor was the court to substitute its own assessment for that of the minister. ‘Reasonable grounds’ in section 53(2) simply meant grounds which, when viewed on their own, were ‘cogent’, and there was no reason to constrain the expression to exclude the accountable person from forming his own view simply because it differed from that of a court or tribunal.

Judges:

Lord Judge LCJ, Davis LJ, Globe J

Citations:

[2013] EWHC 1960 (Admin), [2013] 3 WLR 1631, [2013] WLR(D) 313, [2014] 1 CMLR 8, [2014] 1 All ER 23

Links:

Bailii, WLRD

Statutes:

Freedom of Information Act 2000 53, Environmental Information Regulations 2004 (SI 2004/3391)

Jurisdiction:

England and Wales

Citing:

See Also – Evans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .

Cited by:

Appeal from – Evans, Regina (on The Application of) v HM Attorney General and Another CA 12-Mar-2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. . .
Appeal from – Evans v The Information Commissioner and Others CA 12-Mar-2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the . .
At Admn – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Information, Constitutional, Administrative

Updated: 04 December 2022; Ref: scu.512206

Price v Powel and Others: QBD 11 Dec 2012

Claim for damages for misuse of private information, an order requiring the defendants to deliver up copies of documents and an order requiring them to disclose to the claimant the names of persons to whom the information in question has been disclosed.

Judges:

Mr Justice Tugendhat

Citations:

[2012] EWHC 3527 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 04 December 2022; Ref: scu.466973

British Sky Broadcasting Group Plc v Digital Satellite Warranty Cover Ltd and Others: ChD 1 Oct 2012

The claimants alleged misuse by the defendant companies of confidential information taken from its customer database.
Held: The claims failed.

Judges:

Sir William Blackburne

Citations:

[2012] EWHC 2642 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 7-Oct-2011
The parties now disputed whether they had reached a binding agreement settling the principal dispute, which was as to the alleged misuse of confidential information from its customer database. The defendants sought a stay. The claimants said that . .
See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 27-Oct-2011
The claimants sought summary judgment in their action against the defendants for misuse of confidential information from their customer database.
Held: Summary judgment was granted agains the personal defendants. The two companies and . .

Cited by:

See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 19-Dec-2012
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Information

Updated: 04 December 2022; Ref: scu.465050

British Sky Broadcasting Group Plc and Another v Revenue and Customs: FTTTx 12 Jun 2012

FTTTx COSTS – Customs duty – Reference to CJEU – Challenge by Appellants to inappropriate CNEN – HMRC a party as Respondents – Appellants’ challenge succeeded – Whether costs of Appellants should be awarded against HMRC – Tribunal Procedure (First-tier Tribunal)(Tax Chamber) Rules 2009 r.10

Judges:

Sir Stephen Oliver QC

Citations:

[2012] UKFTT 386 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Customs and Excise, Costs

Updated: 04 December 2022; Ref: scu.462780

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

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 ground that neither the Civil nor the Criminal Procedure Rules contain any provisions governing an application under section 9 and schedule 1 of PACE. Paragraph 7 of schedule 1 requires the hearing to be conducted inter partes, but apart from that the only procedural requirement is that they be conducted in accordance with common law principles of fairness and the requirements of Article 6 of the ECHR.
The procedure adopted in this case was unlawful: ‘there was a failure to observe a fundamental principle of law bearing directly on the fairness of the proceedings, a matter which the court should be very slow to condone. Moreover, however carefully the judge considered the secret evidence, that can be no substitute for allowing B Sky B to challenge it, for the reasons given by Lord Kerr in Al Rawi.’

Judges:

Moore-Bick LJ, Bean J

Citations:

[2011] EWHC 3451 (Admin), [2012] 3 WLR 78, 2012 GWD 21-432, 2012 SCL 635, 2012 SCCR 562, [2012] 4 All ER 600, [2012] QB 785, [2012] HRLR 24

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 1

Jurisdiction:

England and Wales

Citing:

Cited – Malik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger QBD 21-Jul-2000
An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he . .

Cited by:

Appeal from – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Magistrates, Human Rights, Natural Justice

Updated: 04 December 2022; Ref: scu.459730

Evans, Regina (on The Application of) v North Somerset Magistrates Court: Admn 27 Apr 2012

The applicant sought judicial review of a decision by the respondent to commit her for non-payment of a compensation order.
Held: The request succeeded. The magistrates had failed to take account of the terms of the original order made by the crown court and had failed to distinguish between assets of the claimant and of her husband.

Judges:

Moses LJ, Eady J

Citations:

[2012] EWHC 2382 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates

Updated: 04 December 2022; Ref: scu.463802

Carnduff v The United Kingdom: ECHR 10 Feb 2004

Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police.

Judges:

M. Pellonpaa, P

Citations:

18905/02, [2004] ECHR 731

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Carnduff v Inspector Rock and Chief Constable West Midlands Police CA 11-May-2001
The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 04 December 2022; Ref: scu.464390

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music.
Held:

Judges:

Arnold J

Citations:

[2012] EWHC 1152 (Ch)

Links:

Bailii

Statutes:

European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 8(3), Copyright, Designs and Patents Act 1988 97A

Jurisdiction:

England and Wales

Citing:

Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Principal judgment – Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others ChD 20-Feb-2012
The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB).
Held: The website was infringing the copyright of the claimants. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Updated: 04 December 2022; Ref: scu.454052

Oates v Consolidated Capital Services Pty Ltd: 3 Jul 2009

Austlii (Supreme Court of New South Wales – Court of Appeal) CORPORATIONS – derivative action – sections 236 and 237 Corporations Act 2001 (Cth) – meaning of ‘proceedings on behalf of a company’ – whether using a statutory derivative action to cause the company to bring a general law derivative action would be considered ‘proceedings on behalf of a company’ – meaning of ‘proceedings’ – meaning of ‘on behalf of a company’ – distinction between the rights of members or shareholders and officers or directors under section 236 – whether a person bringing proceedings on behalf of a company must assert a cause of action for the benefit of the company – CORPORATIONS – derivative action – general law – whether leave is required to commence a derivative action at general law – distinction between leave to commence proceedings and a trial of a preliminary issue – history of the procedure for bringing a derivative action – CORPORATIONS – membership, rights and remedies – reflective loss – whether a shareholder of a holding company can obtain a remedy for loss suffered by a subsidiary company – DAMAGES – general principles – reflective loss – whether a shareholder of a holding company can obtain a remedy for loss suffered by a subsidiary company – whether the losses are to be considered separate – EQUITY – equitable remedies – whether the reflective loss principle applies to equitable remedies – APPEAL AND NEW TRIAL – appeal – general principles – points and objections not taken below – requirement to examine the pleadings and the oral and written admissions – whether argument sought to be raised on appeal was argued at trial – EMPLOYMENT LAW – the relationship of employer and employee – whether property was created in the course of employment – whether property belongs to the employer or employee – STATUTORY INTERPRETATION – sections 236 and 237 Corporations Act 2001 (Cth) – whether section 237 is to be interpreted independently of section 236 – whether upon meeting the requirements of section 237 the court must grant leave – interpretation of legislative provisions in context – WORDS AND PHRASES – ‘proceedings’ – ‘on behalf of’ – ‘reflective loss’

Judges:

Spigelman CJ Allsop P Campbell JA

Citations:

[2009] NSWCA 183

Links:

Austlii

Jurisdiction:

Australia

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.

Litigation Practice, Company

Updated: 04 December 2022; Ref: scu.415963

Purak Ltd v Byzak Ltd: 2005

Lord Drummond Young said that the right or retention only arises where one party is in material breach of contract.

Judges:

Lord Drummond Young

Citations:

2005 SLT 37

Jurisdiction:

Scotland

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.410707

Seton: 1683

The defender was a widow, charged on a bond granted by her husband. She said that the pursuer had owed her husband freight under a charterparty. The pursuer argued that the debt was not liquid, because the defender would need to prove that her husband had made the voyages. At first instance, the court upheld that objection. The defender offered to remit the matter to the pursuer’s oath. The court then allowed the matter to be proved prout de jure (by any means permitted by law) – referring again to the quod mox liquidari brocard. The court decerned for the sum in the bond, but superseded extract for three or four months, so ‘that if the debt be liquidate betwixt and that time, then the compensation was to be received.’
The court granted decree for the debt in the bond, but directed that it was not to be enforceable for three or four months, to give the defender time to establish the claim for freight, which could then be set off against the debt under the bond. The reporter thought that this went too far ‘and though it be materially just, yet it is a great relaxation of our ancient form.’

Citations:

(1683) M 2566

Jurisdiction:

Scotland

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 04 December 2022; Ref: scu.410713

Lucy v W T Henleys Telegraph Works Co Ltd (ICI Ltd, third party): 1970

Megaw LJ discussed the application of O 15 r 1(4): ‘Paragraph (2) of that rule provides that a court may allow a party to amend the writ ‘after any period of limitation current at the date of the issue of the writ has expired’ but this is expressly confined to the cases mentioned in paras (3), (4) and (5) of the rule. Paragraph (3) provides that an amendment to correct the name of a party may be allowed under para (2) notwithstanding that it is alleged that the effect of the amendment is to substitute a new party; but this power is explicitly confined to an amendment to correct the name where there is a genuine mistake which it is sought to correct. The addition of a new and different party is not correcting the name of a party; it is not a matter of mistake. The inference is inevitable that an amendment to add a completely new and different defendant is not permissible where a relevant period of limitation affecting the proposed defendant has expired.’

Judges:

Megaw LJ

Citations:

[1970] 1 QB 393

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

Updated: 04 December 2022; Ref: scu.415955

Entienne Pty Ltd v Festival City Broadcasters: 8 Mar 2001

Austlii (Supreme Court of South Australia) CRIMINAL — DRUG TRADING Appeal against dismissal of appellant’s claim against the respondent for damages for alleged defamation – appellant was the owner of a business known as ‘Flash Gelataria’ on Hindley Street, with a lane adjacent to it – appellant called ‘Mr Flash’, ‘The Flashman’ or variations of these titles – claim based upon phrase ‘Mate, just go over in the lane and ask for the flashman and he’ll fix you right up’, spoken by a fictitious character named ‘Keefy’ during a breakfast radio session – evidence indicated that, at the relevant time, there had been considerable media publicity to suggest that illegal drug dealing did in fact occur in Hindley Street – witnesses called to establish fact that either they heard some or all of the broadcast and took it as a suggestion that the appellant was involved in selling drugs from his premises; or heard other persons discussing the broadcast and placing that interpretation on it. Whether words, having regard to their language and context, could be regarded in law as capable of referring to the appellant – whether the learned trial judge erred in law in finding that the words complained of were not defamatory – whether the learned trial judge erred in finding that the ordinary and reasonable listener would have been fully aware that the whole programme intended to be and was a comic programme of complete nonsense – whether the learned trial judge should have held that the ordinary and reasonable listener would have concluded that the appellant was identified and that it was alleged that the appellant used or was involved in selling illicit drugs and hence has been and was guilty of serious criminal offences.

Judges:

Olsson, Duggan and Williams JJ

Citations:

[2001] SASC 60

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd CA 2-Jun-2010
The claimant sold a sweetener ingredient. The defendant shop advertised its own health foods range with the label ‘no hidden nasties’ and in a situation which, the claimant said, suggested that its ingredient was a ‘nasty’, and it claimed under . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 04 December 2022; Ref: scu.416367

Kadi v Commission: ECFI 30 Sep 2010

ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property.

Citations:

[2010] ECR II-5177, [2010] EUECJ T-85/09, [2011] Lloyd’s Rep FC 43, [2011] All ER (EC) 169, [2011] 1 CMLR 24

Links:

Bailii

Statutes:

Regulation (EC) No 881/2002

Jurisdiction:

European

Cited by:

Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 04 December 2022; Ref: scu.425265

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012

The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB).
Held: The website was infringing the copyright of the claimants.

Judges:

Arnold J

Citations:

[2012] EWHC 268 (Ch), [2012] 3 CMLR 14, [2012] RPC 27, [2013] Bus LR D24, [2012] ECDR 14

Links:

Bailii

Statutes:

Copyright, Designs and Patents Act 1988 97A, European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 8(3)

Jurisdiction:

England and Wales

Citing:

Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .

Cited by:

Principal judgment – Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others ChD 2-May-2012
The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music.
Held: . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Torts – Other

Updated: 04 December 2022; Ref: scu.451434

Machi, Regina (on The Application of) v Legal Services Commission: Admn 23 Jul 2001

Lawfulness of the imposition by the Legal Services Commission (the defendant) of an embargo on work being done under a full legal aid certificate before the discharge of the certificate under the Legal Aid Act 1988 and the Regulations of 1989 made thereunder. The effect of the embargo in this case, imposed because the claimant was considered unreasonably to have refused an offer of settlement made very shortly before trial, was to leave the claimant unrepresented at that trial.

Judges:

Ouseley J

Citations:

[2001] EWHC 580 (Admin), [2002] ACD 8

Links:

Bailii

Jurisdiction:

England and Wales

Legal Aid

Updated: 04 December 2022; Ref: scu.396528

Singer v Gray Tool Co (Europe) Ltd: 1984

Citations:

1984 SLT 149 F

Jurisdiction:

Scotland

Cited by:

Cited – Farstad Supply As v Enviroco Ltd and Another SCS 23-Apr-2008
(Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. It was said that oil they had failed to clear was released by piping when opened flowing onto a hot . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 December 2022; Ref: scu.410553

Grimme Landmaschinenfabrik Gmbh and Co KG v Scott (T/A Scotts Potato Machinery): PatC 3 Nov 2009

Claim for infringement and cross application for revocation of patent

Judges:

Floyd J

Citations:

[2009] EWHC 2691 (Pat), [2010] FSR 11, [2010] ECDR 4

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Grimme Maschinenfabrik Gmbh and Co Kg v Derek Scott (T/A Scotts Potato Machinery) CA 15-Oct-2010
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 December 2022; Ref: scu.377356

Re A (Children): CA 7 Oct 2009

Appeal from order which transferred the residence of three children from their primary carer, the mother, to their father, whose contact to the children had sadly been non-existent for some 17 months.

Citations:

[2009] EWCA Civ 1141, [2010] 1 FLR 1083, [2010] Fam Law 27

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 04 December 2022; Ref: scu.377529

Esbester v United Kingdom: ECHR 2 Apr 1993

(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 the absence of any evidence or indication that the system is not functioning as required by domestic law, the Commission finds that the framework of safeguards achieves a compromise between the requirements of defending democratic society and the rights of the individual which is compatible with the provisions of the Convention. Consequently it concludes that the interference in the present case was necessary in a democratic society in the interests of national security.’

Citations:

18601/91, [1993] ECHR 64, (1994) 18 EHRR CD72

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

Cited – Klass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Cited – Malone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
Cited – Leander v Sweden ECHR 26-Mar-1987
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 . .

Cited by:

Cited – A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 04 December 2022; Ref: scu.383935

News Media Ownership v Finlay: 1970

(New Zealand Court of Appeal ) The plaintiff, a Member of Parliament, brought libel proceedings against a newspaper in respect of an article appearing in the newspaper which alleged that the plaintiff had been acting improperly and for purposes of personal profit in making statements in the House. North P said: ‘Mr McKay was right when he submitted that while violence of language is not in itself enough to take away privilege even though it may provide evidence of malice, yet privilege is lost if the reply becomes a counter attack raising allegations against the plaintiff which are unrelated or insufficiently related to the attack he made on the defendant. In other words he cannot claim the protection of privilege if he decides to bring fresh accusations against his adversary.’ and, as to a contention that the words complained of were not defamatory:
‘In my opinion, there is no substance in this contention, for surely it is plain enough that it is harmful to the trading reputation of a newspaper company to allege that it conducts its business without regard for the public interest, its principal concern being merely with the making of profits.’

Judges:

North P

Citations:

[1970] NZLR 1089

Jurisdiction:

England and Wales

Cited by:

Cited – Prebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Commonwealth, Media, Defamation

Updated: 04 December 2022; Ref: scu.409976

Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009

The claimant appealed against dismissal of his claim for personal injuries. He had tripped over an uneven pavement. The authority denied that the pavement was within its responsibility. The roadway had been constructed by a developer with an agreement for the authority to adopt it, but the authority said that it had not been a footpath and was therefore excluded at the time of the adoption of the carriageway.
Held: The appeal succeeded. Though there were discrepancies, the area had been within the area of land intended to be adopted, and ‘the relevant area of the quadrant serves and has, so far as I know, always served as a footway. It covers the area expressly demarcated on the section 38 agreement plan as a footway. We are told there was a provisional certificate. The Borough Engineer was clearly satisfied in 1984 that the footway should be adopted pursuant to the section 38 agreement.’

Judges:

Laws LJ

Citations:

[2009] EWCA Civ 1137

Links:

Bailii

Statutes:

Highways Act 1980 38(3) 41(1)

Jurisdiction:

England and Wales

Personal Injury

Updated: 04 December 2022; Ref: scu.377528

Ali v Birmingham City Council: CA 14 Oct 2009

The tenant sought accomodation. The council offered him some but he refused it. The council wrote to explain the effect of a refusal. He now complained that since he could not speak English, the Council had not correctly informed him of the consequences.
Held: The section distinguished between the acts of informing and of notification. It must first inform the applicant, which implied some additional element of making sure the letter was understood, and if the accomodation was still refused, it must notify him, which was a lower standard. Nevertheless on the facts of the case, the council had fulfilled its duty.

Judges:

Lord Justice May, President, Lord Justice Wall and Lord Justice Moore-Bick

Citations:

[2009] EWCA Civ 1279, Times 04-Nov-2009, [2010] PTSR (CS) 6, [2010] PTSR CS6

Links:

Bailii

Statutes:

Housing Act 1996 193

Jurisdiction:

England and Wales

Cited by:

Cited – Tomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 04 December 2022; Ref: scu.377548

Joseph and Others v Spiller and Another: CA 22 Oct 2009

The claimants, members of a rock band, alleged defamation by the defendants on their web-site. The defendants provided booking services. They said that the claimants were unreliable in failing to meet their contractual obligations. Their terms incorporated an additional set of terms which required the claimants to go through the agency to rebook any venue. The claimants said that the terms were unlawful under the 2003 Regulations.
Held: The defendants’ appeal against the striking out of their defence of justification succeeded. The judge had been wrong to find that the allegations that the claimants took a generally cavalier attitude to contractual obligations and were not to be trusted in business dealings were factual in character rather than an expression of opinions. However, any breach of the regulations might not make the contract unenforceable. Courts should be slow to hold legislation to interfere with the normal remedies for breach of a contract.
The defendants’ appeal on fair comment failed, and the defence was not re-instated. ‘I see no merit in the argument that the comment cannot constitute a matter of public interest. Those in the business of entertaining the public, a business in which many people are engaged, will be concerned, when serving the public, to know which artists can be relied on to perform their contracts and which cannot. The comment is arguably in the public interest.’

Judges:

Pill LJ, Hooper LJ, Wilson LJ

Citations:

[2009] EWCA Civ 1075, Times 30-Oct-2009, [2010] ICR 642, [2010] EMLR 7

Links:

Bailii

Statutes:

Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003 No 3319)

Jurisdiction:

England and Wales

Citing:

Cited – St John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
Appeal from – Joseph and Others v Spiller and Another QBD 22-May-2009
. .

Cited by:

Cited – Thornton v Telegraph Media Group Ltd QBD 12-Nov-2009
The claimant sought damages for an article in the defendant’s newspaper, a review of her book which said she had falsely claimed to have interviewed artists including the review author and that the claimant allowed interviewees control over what was . .
Appeal from – Spiller and Another v Joseph and Others SC 1-Dec-2010
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 . .
Lists of cited by and citing cases may be incomplete.

Defamation, Contract

Updated: 04 December 2022; Ref: scu.376231

Sienkiewicz v Greif (UK) Ltd: CA 6 Nov 2009

The claimant was the daughter of a lady who died of mesothelioma. The defendant appealed saying that the judge had found that the exposure for which it was responsible had increased the risk above the background risk by only 18%, and this was insufficient to found liability.

Citations:

[2009] EWCA Civ 1159, [2010] QB 370, [2010] 2 WLR 951

Links:

Bailii

Statutes:

Compensation Act 2006 3

Jurisdiction:

England and Wales

Cited by:

Appeal from – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 04 December 2022; Ref: scu.377780

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant.
Held: Where the information laid was itself sufficient to account for the warrant a magistrate could be assumed to have acted upon it, and no further reasons were required to be noted. Warrants were often issued under conditions where such a requirement would be unreasonable. Here the magistrate would only have repeated the contents of the information. Where a magistrate elicited further information from the officer which affected the decision, it was necessary for that to be recorded.
Lord Woolf CJ said: ‘Information may contain details of an informer which it would be contrary to the public interest to reveal. The information may also contain other statements to which public interest immunity might apply. But, subject to that, if a person who is in the position of this claimant asks perfectly sensibly for a copy of the information, then speaking for myself I can see no objection to a copy of that information being provided. The citizen, in my judgment, should be entitled to be able to assess whether an information contains the material which justifies the issue of a warrant. This information contained the necessary evidence to justify issuing the warrant.’

Judges:

Lord Woolf of Barnes LCJ, Hallett, Stanley Burnton JJ

Citations:

Times 28-Nov-2002, Gazette 30-Jan-2003, [2002] EWHC 2568 (Admin), [2003] 1 WLR 752

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 23(3), European Convention on Human Rights Art 6 Art 8, Police and Criminal Evidence Act 1984 8 15 16

Jurisdiction:

England and Wales

Cited by:

Cited – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Police, Human Rights, Magistrates

Updated: 04 December 2022; Ref: scu.402518

Stanford International Bank Ltd, Re: CA 25 Feb 2010

Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other interested party would, if present, wish to advance by way of fact, or say in answer to the application, and to place that material before the judge. The duty applies to an applicant for a restraint order under POCA in exactly the same way as to any other applicant for an order without notice. Even in relatively small value cases, the potential of a restraint order to disrupt other commercial or personal dealings is considerable. The prosecutor may believe that the defendant is a criminal, and he may turn out to be right, but that is yet to be proved. An application for a restraint order is emphatically not a routine matter of form, with the expectation that it would be routinely granted. The fact that the initial application is likely to be forced into a busy list, with very limited time for the judge to deal with it, is yet further reason for the obligation of disclosure to be taken very seriously. In effect, the prosecutor seeking an ex parte order must put on his defence hat and ask himself what, if he were representing the defendant or a third party with a relevant interest, he would be saying to the judge, and, having answered that question, that is what he must tell the judge.’

Judges:

Sir Andrew Morritt Ch, Arden, Hughes LJJ

Citations:

[2010] EWCA Civ 137, [2011] 1 Ch 33, [2010] Lloyds Rep FC 357, [2010] 3 WLR 941, [2010] BPIR 679, [2010] Bus LR 1270

Links:

Bailii

Statutes:

Cross Border Insolvency Regulations 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – In re Stanford International Bank Ltd and Others ChD 3-Jul-2009
Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of . .
See Also – In re Stanford International Bank Ltd and Others ChD 9-Jul-2009
One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing.
Held: It did not. The Rules set out a deliberately prescriptive regime which . .

Cited by:

Appeal from – Stanford International Bank Ltd v Director of The Serious Fraud Office SC 15-Feb-2012
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets.
Held: The statutory provisions substituting the Supreme Court for . .
Cited – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Cited – Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another SC 8-May-2014
Costs of Wrongly Appointed Receiver
‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Updated: 04 December 2022; Ref: scu.401845

Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007

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 extradition procedures. To make a promise and then break it, as blatantly as was done in this case, in my judgment is a clear abuse of process. The court reconstituted itself as a district judge, and granted bail subject to conditions.

Judges:

Mitting J

Citations:

[2007] EWHC 3494 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 December 2022; Ref: scu.331119

Qema, Regina v: Admn 2 Nov 2006

Appeal against sentence presents a challenge which is restricted to the term of imprisonment imposed in default of payment of a confiscation order made under the Proceeds of Crime Act 2002.

Citations:

[2006] EWCA Crim 2806

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 04 December 2022; Ref: scu.331128

In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of both the Insolvency Proceedings Regulation and UNCITRAL. Both were preceded by the European Convention on Insolvency Proceedings. Its preparation began in 1960. It was open for signature by member states from 23 November 1995. The Convention applied to proceedings which satisfied four conditions but as there might be more than one proceeding satisfying those conditions it also provided for ‘main insolvency proceedings’. They were defined as proceedings in the contracting state where the debtor had his centre of main interests. In May 1996 the UK Government refused to sign the Convention. In July 1996 there was signed what became known as the Virgos-Schmit Report on the Convention (Report on the Convention on Insolvency Proceedings, Brussels, 3 May 1996). Though never formally adopted, it was and is regarded as an authoritative commentary on the Convention and the subsequent regulation derived from it.’

Judges:

Sir Andrew Morritt (Chancellor), Arden LJ, Hughes LJ

Citations:

[2011] 1 Ch 33, [2009] EWHC 1441 (Ch), [2010] 3 WLR 941, [2010] Bus LR 1270, [2010] Lloyd’s Rep FC 357, [2010] BPIR 679

Links:

Bailii

Statutes:

Cross-Border Insolvency Regulations 2006

Jurisdiction:

England and Wales

Cited by:

See Also – In re Stanford International Bank Ltd and Others ChD 9-Jul-2009
One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing.
Held: It did not. The Rules set out a deliberately prescriptive regime which . .
Appeal from – Stanford International Bank Ltd, Re CA 25-Feb-2010
Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other . .
Cited – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
Lists of cited by and citing cases may be incomplete.

Insolvency, International, European

Updated: 04 December 2022; Ref: scu.347459