Search Results for: Art 24 EC

Click the case name for better results:

Chandran v Secretary of State for The Home Department: CA 14 May 2020

Refusal of discretionary leave to remain. The appellant had entered the UK clandestinely in 2007 as a child, but his mother’s asylum claim for herself and him was refused. Eventually his mother was granted discretionary leave to remain. Judges: Flaux, Popplewell, Dingemans LJJ Citations: [2020] EWCA Civ 634 Links: Bailii, Judiciary Jurisdiction: England and Wales … Continue reading Chandran v Secretary of State for The Home Department: CA 14 May 2020

Investec Asset Finance Plc and Another v Revenue and Customs: CA 30 Apr 2020

‘a number of important substantive and procedural issues arising out of a series of closure notices issued by HMRC to Investec Asset Finance plc (‘IAF’) and Investec Bank plc (‘IBP’) in respect of their liability for corporation tax in the accounting periods between 1 April 2006 and 31 March 2010. The substantive issues concern the … Continue reading Investec Asset Finance Plc and Another v Revenue and Customs: CA 30 Apr 2020

Alliance of Turkish Business People Ltd), Regina (on The Application of) v Secretary of State for The Home Department: CA 28 Apr 2020

Appeal and cross appeal concerning the appellant’s challenge to changes made by the respondent to the Immigration Rules and guidance affecting the right of Turkish self-employed businesspeople and their dependants to obtain indefinite leave to remain (‘ILR’) in the United Kingdom. Citations: [2020] EWCA Civ 553 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 24 … Continue reading Alliance of Turkish Business People Ltd), Regina (on The Application of) v Secretary of State for The Home Department: CA 28 Apr 2020

Metropolitan Police Service (Police and Criminal Justice) FS50866205: ICO 5 Dec 2019

The complainant has requested Special Branch files about the Partisan Coffee House in Soho from the Metropolitan Police Service (the ‘MPS’). The MPS refused to confirm or deny whether it holds any information, citing the exemptions at sections 23(5) (information supplied by, or relating to, bodies dealing with security matters), 24(2) (national Security), 30(3) (criminal … Continue reading Metropolitan Police Service (Police and Criminal Justice) FS50866205: ICO 5 Dec 2019

Natural Resources Wales (Other): ICO 19 Dec 2019

The complainant requested information about the programme of works associated with flood defences of the River Elwy at St Asaph. Natural Resources Wales (‘NRW’) provided some information and applied regulation 12(4)(d) to some parts of request. At the time of its internal review NRW disclosed additional information. The complainant alleged that NRW had failed to … Continue reading Natural Resources Wales (Other): ICO 19 Dec 2019

Wirral University Teaching Hospital NHS Foundation Trust (Health): ICO 3 Dec 2019

The complainant has requested information relating to physical assaults on staff. The Wirral University Teaching Hospital NHS Foundation Trust (the Trust) refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Trust has incorrectly … Continue reading Wirral University Teaching Hospital NHS Foundation Trust (Health): ICO 3 Dec 2019

Information Commissioner’s Office (Other): ICO 13 Dec 2019

The complainant has requested information associated with an event held by the ICO. The ICO addressed part of the complainant’s request, released some information that had been requested and withheld other information under sections 31 (law enforcement), 40 (personal data), 43 (commercial confidentiality) and 44 (prohibitions on disclosure). During the Commissioner’s investigation, the ICO withdrew … Continue reading Information Commissioner’s Office (Other): ICO 13 Dec 2019

Department for Education (Central Government): ICO 12 Dec 2019

The complainant has requested information on Lilac Sky Schools Academy Trust, specifically minutes, invoices, expenses and other documents associated with the trust. The Department for Education refused the request on the basis of section 14 as it considered complying with the request would be burdensome due to the need to consider a number of exemptions … Continue reading Department for Education (Central Government): ICO 12 Dec 2019

Hampshire Police and Crime Panel (Police and Criminal Justice): ICO 19 Dec 2019

The complainant requested from Hampshire Police and Crime Panel (HPCP) information relating to its organisational matters, expenses, complaints management, budget and terms of reference. HPCP provided the complainant with information in relation to some parts of the request and stated that it did not hold information for the remaining parts of the information request. The … Continue reading Hampshire Police and Crime Panel (Police and Criminal Justice): ICO 19 Dec 2019

High Speed Two Limited (Other): ICO 3 Dec 2019

In two series of requests, the complainant – a firm of solicitors acting on behalf of a client – has requested information associated with the relocation of a Heathrow Express depot as part of the HS2 rail project. With regard to the first series of requests, HS2 released information relevant to some of the requests, … Continue reading High Speed Two Limited (Other): ICO 3 Dec 2019

Department of Health (Central Government): ICO 5 Dec 2019

The complainant has requested information in relation to breast assessment services in Northern Ireland. The Department of Health (DoH) states that it does not hold recorded information within the scope of the complainant’s request and has already published all the information it holds regarding breast assessment services. The Commissioner’s decision is that the DoH, on … Continue reading Department of Health (Central Government): ICO 5 Dec 2019

SAS Institute Inc v World Programming Ltd (2495): ComC 25 Sep 2019

Post judgment orders Citations: [2019] EWHC 2496 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods … Continue reading SAS Institute Inc v World Programming Ltd (2495): ComC 25 Sep 2019

Mackenzie Ltd v Revenue and Customs (Procedure : Application for Permission To Notify Appeal Out of Time): FTTTx 6 Dec 2019

PROCEDURE – application for permission to notify appeal out of time – section 83G of the Value Added Tax Act 1994 – Martland applied – principle of legal certainty -application refused Citations: [2019] UKFTT 739 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 24 November 2022; Ref: scu.646932

Martin v Revenue and Customs (Income Tax – Closure Notice and Amendment To Return): FTTTx 2 Dec 2019

INCOME TAX – closure notice and amendment to 2012-2013 return – HMRC’s disallowance of partnership losses for relief against other income on the basis he was a partner in Great Marlborough LLP which was not trading on a commercial basis with a view to profit – HMRC’s issuing of two letters purporting to open an … Continue reading Martin v Revenue and Customs (Income Tax – Closure Notice and Amendment To Return): FTTTx 2 Dec 2019

SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

Artegodan v Commission: ECFI 28 Jun 2000

Citations: T-74/00 Jurisdiction: European Citing: See Also – Commission v Artegodan and others ECJ 24-Jul-2003 . . See Also – Artegodan v Commission ECFI 5-Sep-2001 . . Cited by: See Also – Artegodan v Commission ECFI 5-Sep-2001 . .See Also – Commission v Artegodan ECJ 14-Feb-2002 False . .See Also – Artegodan v Commission ECFI … Continue reading Artegodan v Commission: ECFI 28 Jun 2000

Xenofontos and Others v Cyprus: ECHR 25 Oct 2022

ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 68725/16, [2022] ECHR 918 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.682345

Department for Work and Pensions (Central Government): ICO 8 Mar 2022

The complainant has requested information relating to the ‘two ticks’ scheme at Cardiff University. The Commissioner’s decision is that the Department for Work and Pensions (DWP) does not hold any information within the scope of the request. The Commissioner does not require the public authority to take any steps as a result of this decision … Continue reading Department for Work and Pensions (Central Government): ICO 8 Mar 2022

Department for Levelling Up, Housing and Communities (Central Government): ICO 10 Feb 2022

The complainant requested from the Department for Levelling Up, Housing and Communities information about a Stage 3 complaint outcome it had provided. The DLUHC initially responded to the request by denying that the information was held, but at a later stage refused to comply with the request under section 14(1) of the FOIA because it … Continue reading Department for Levelling Up, Housing and Communities (Central Government): ICO 10 Feb 2022

Department for Work and Pensions (Central Government): ICO 17 Nov 2021

The complainant has requested information on the increase in the base rate for Universal Credit and the decision not to raise particular legacy benefits in line with this increase. The Commissioner’s decision is that although the exemptions at FOIA section 35(1)(a) Formulation of government policy and section 42(1) Legal professional privilege are engaged, the public … Continue reading Department for Work and Pensions (Central Government): ICO 17 Nov 2021

SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

Regina ex parte Grecian v Secretary of State for the Home Department: 3 Dec 2004

Judges: Henriques J Citations: CO/5706/02, Unreported, 3 December 2004 Jurisdiction: England and Wales Cited by: Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007 The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. … Continue reading Regina ex parte Grecian v Secretary of State for the Home Department: 3 Dec 2004

Regina v Betting Licensing Committee Cardiff Petty Sessions, ex parte Les Croupiers Casino Limited: 13 Apr 1992

The court considered what would constitute frivolous proceedings on a request to magistrates to state a case. Held: The expression meant that there was no possible prospect of a case succeeding because there was no substance in the request that a case should be stated. Judges: Cluny J Citations: Unreported, 13 April 1992 Jurisdiction: England … Continue reading Regina v Betting Licensing Committee Cardiff Petty Sessions, ex parte Les Croupiers Casino Limited: 13 Apr 1992

Neil Martin Ltd v Revenue and Customs Commissioners: 28 Sep 2006

The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses. Held: The revenue owed no common law duty of care to the claimant and nor were damages claimable under the section, and the claim failed. The Act imposed no statutory time … Continue reading Neil Martin Ltd v Revenue and Customs Commissioners: 28 Sep 2006

Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006

ECJ Appeals – Competition – Cartels – Synthetic lysine market – Fines – Guidelines on the method of setting fines – Non-retroactivity – Non bis in idem principle – Equal treatment – Turnover which may be taken into account.‘the principle of ne bis in idem prohibits the same person from being sanctioned more than once … Continue reading Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006

Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990

A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary. Lord Griffiths said: ‘it would not be right to authorise an inspector to take a decision … Continue reading Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990

PG and JH v The United Kingdom: ECHR 25 Sep 2001

The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001

Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions): ECJ 17 Nov 2022

Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions): ECJ 17 Nov 2022

Stadt Mainz (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 15(1), paragraph 2(g) and paragraph 3 – Services in the internal market – Fees for architects and engineers – Mandatory minimum tariffs – Direct effect of provisions of Union law and possible inapplicability of national regulations Citations: C-544/21, [2022] EUECJ … Continue reading Stadt Mainz (Judgment): ECJ 27 Oct 2022

Regina v Surrey County Council Ex Parte Bridge Court Holdings Ltd and Others: QBD 24 Feb 2000

Land was transferred to a company but the transfer not registered. The land had the benefit of a certificate of lawfulness of existing use for waste disposal. Doubts had arisen in the local authority about the correctness of the certificate, and they revoked it. They failed to serve the new owners or an occupier of … Continue reading Regina v Surrey County Council Ex Parte Bridge Court Holdings Ltd and Others: QBD 24 Feb 2000

David Wilson Homes Ltd v Kirklees Metropolitan Council and Another: COL 24 Feb 2000

Land was designated as being of high landscape value and included in the green belt under the new unitary development plan. The council had taken into account a similar designation under the previous plan when it was not to do so, and had created a false dichotomy in its analysis. It had also failed to … Continue reading David Wilson Homes Ltd v Kirklees Metropolitan Council and Another: COL 24 Feb 2000

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: ChD 24 Jul 2019

Dispute as to ownership of fish in fishing lake on its sale, and whether solar panels were fixtures. The fish had been purchased for the fishery. Small fish might escape through meshes, but larger fish were captive. The contract of sale of the land had not made explicit provision. The buyer asserted that the process … Continue reading Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: ChD 24 Jul 2019

Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007

Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007

Steria Ltd and others v Hutchison and others: CA 24 Nov 2006

Neuberger LJ observed that estoppels are relied on because of difficulties in establishing a contract; and, since unconscionability is the single factor that must be established for an estoppel and views on unconscionability may vary, it is necessary to have specific but flexible guiding principles; ‘When it comes to estoppels by representation or promissory estoppel, … Continue reading Steria Ltd and others v Hutchison and others: CA 24 Nov 2006

Scholes v Secretary of State for the Home Department: CA 17 Oct 2006

The deceased had committed suicide whilst in prison. The judge had requested that prison should be told of the risk of self harm. The mother appealed refusal of the judge to grant a judicial review of the Home Secretary’s refusal to grant, as requested by the coroner. A public inquiry into the pre-sentence exercise, the … Continue reading Scholes v Secretary of State for the Home Department: CA 17 Oct 2006

Parliamentary and Health Service Ombudsman (Other): ICO 24 Apr 2019

In multi-part requests, the complainant has requested information from the Parliamentary and Health Service Ombudsman (PHSO) about the external review process associated with its handling of service complaints. PHSO released some information, relied on section 21(1) of the FOIA (information accessible to the applicant by other means) with regard to aspects of the requests and … Continue reading Parliamentary and Health Service Ombudsman (Other): ICO 24 Apr 2019

Douglas v Adjudging Creditors of Kelhead and sub nom Douglas v Stewarts: 1765

In 1705 Sir William Douglas bound himself on marriage to provide the estate of Kelhead in favour of himself and the heirs-male of his body. He did not carry out that obligation, but in 1724 he executed a strict entail of the lands, which was recorded in the register of tailzies, but no infeftment followed … Continue reading Douglas v Adjudging Creditors of Kelhead and sub nom Douglas v Stewarts: 1765

Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys: CA 15 Jul 1998

General counselling services which supported a dependent tenant was only eligible for re-imbursement under housing benefit if it related specifically to the fabric of the building in which the tenant lives. Citations: Times 09-Sep-1998, [1998] EWCA Civ 1214 Statutes: Housing Benefit (General Regulations) 1987 (1987 No 1971) Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys: CA 15 Jul 1998

Department for Transport (Central Government): ICO 13 Dec 2019

In three series of requests the complainant – a firm of solicitors acting on behalf of a client – has requested information associated with the relocation of a Heathrow Express depot as part of the High Speed 2 rail project. With regard to the first series of requests, the Department for Transport (DfT) provided information … Continue reading Department for Transport (Central Government): ICO 13 Dec 2019

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone Citations: (2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: … Continue reading Sylvester v Austria: ECHR 24 Apr 2003

Secretary of State for Work and Pensions v Roach: CA 20 Dec 2006

The court considered the reduction of state benefits payable to a mother asking the Child Support Agencey not to pursue a claim against the father where there has been a history of domestic violence. The mother said she was frightened of retribution from the father. The tribunal had found her fears exaggerated, but the Commissioner … Continue reading Secretary of State for Work and Pensions v Roach: CA 20 Dec 2006

Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh: CA 24 Nov 2003

One party had been ordered to pay the costs of an unsuccessful attempt to discharge injunctions and strike out the action. The applications failed (badly) and the costs were ordered to be taxed and paid forthwith. Later there was a trial, and the previously unsuccessful party succeeded. That party then sought to appeal the original … Continue reading Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh: CA 24 Nov 2003

Sylvester v Austria: ECHR 15 Sep 2010

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings‘the court reiterates that effective respect for family life requires that future relations between parent and … Continue reading Sylvester v Austria: ECHR 15 Sep 2010

O Mustad and Son v Dosen and Another; O Mustad and Son vAllcock: HL 1924

(Heard in 1924, but noted only in 1963) Dosen worked for a company T under a contract of employment that included an undertaking to keep confidential information acquired at work. His employer went into liquidation. The benefit of that company’s trade secrets was bought by the plaintiffs, O. Mustad and Son. Dosen went to work … Continue reading O Mustad and Son v Dosen and Another; O Mustad and Son vAllcock: HL 1924

Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998

Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998

A court need not first decide liability before applying grant of limitation of liability decree under the Act. That different Conventions were applied by UK and South Africa did not stop the establishment of a limitation fund for payment of damages allowing a ship release. Citations: Times 07-Aug-1998, [1998] EWCA Civ 1077, [1998] 2 Lloyd’s … Continue reading Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998

Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 22 Jun 1998

Where damages were to be awarded for breach of warranty on sale of goodwill, an assessment according to a price earnings ratio was appropriate only if used in the contract or agreed as appropriate by the experts. In the context of a notice clause in a Share Sale Agreement requiring notice to set out ‘such … Continue reading Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 22 Jun 1998

Datacard Corporation v Eagle Technologies Ltd: PatC 14 Feb 2011

In the context of patents, Arnold J accepted that ‘extent of protection’ was purely a question of the scope of the claims under Article 69(1) of the EPC, and that was a different concept to ‘the rights conferred’ under national UK law. Judges: Arnold J Citations: [2012] Bus LR 160, [2011] EWHC 244 (Pat), [2011] … Continue reading Datacard Corporation v Eagle Technologies Ltd: PatC 14 Feb 2011

Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The … Continue reading Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

Powell and Another v Benney: CA 5 Dec 2007

The claimants asserted an interest under a constructive trust in land held by the defendant. Held: The judge had found acts of detriment suffered by the claimants. Though elements of the judgment might be criticised, the appeal failed. Judges: Lloyd LJ, Richards LJ, Sir Peter Gibson Citations: [2007] EWCA Civ 1283 Links: Bailii Jurisdiction: England … Continue reading Powell and Another v Benney: CA 5 Dec 2007

Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

The defendants, tenants of business premises had first sought a renewal of their lease, but then decided not to go ahead. The landlords appealed against the refusal by the lower court to award them their costs incurred. Held: The appeal succeeded. The new order had amended the procedures to allow the landlord to take the … Continue reading Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

S and others v Secretary of State for the Home Department: CA 4 Aug 2006

The asylum applicants had complained that the appellant’s discretionary leave policy for the grant of temporary admissions was unlawful. As failed asylum seekers, they had been held on temporary admission rather than being granted discretionary leave to remain. They had been involved in the hijacking of an airliner in order to escape Afghanistan. The defendant … Continue reading S and others v Secretary of State for the Home Department: CA 4 Aug 2006

Fogg and Another, Regina (on the Application of) v Secretary of State for Defence: CA 5 Oct 2006

The Secretary of State appealed an order declaring the wreck of a merchant ship lost through enemy action in 1943 when part of a convoy. He said it was wrong in law to make the declaration, having not been in military service as such when sunk even though in a convoy. Held: The Secretary of … Continue reading Fogg and Another, Regina (on the Application of) v Secretary of State for Defence: CA 5 Oct 2006

EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

The asylum applicant said that if she was returned to her home country, she would be judged under Sharia law, and would thereby lose custody of her son, and this would deny her her right to family life. Held: Any such loss would not be complete. She would retain visitation rights, and therefore the article … Continue reading EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

Steed v Secretary of State for Home Office: CA 1 May 1998

The plaintiff claimed compensation after surrendering his firearm and ammunition. There had been a long delay in processing the claim, and he sued. The Home Office entered a defence denying that there was any obligation to process claims within a reasonable time, and further denying that there was a statutory duty to pay the sum, … Continue reading Steed v Secretary of State for Home Office: CA 1 May 1998

Burns v Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc: CA 24 Apr 1998

The insurer appealed against an order requiring it to disclose all policies of insurance and associated documents relating to the policy under which a claim was being made. Held: A claim for an indemnity under a contract of insurance though in respect of personal injuries was not itself an action for damages for personal injuries … Continue reading Burns v Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc: CA 24 Apr 1998

Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action. Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in the claimant’s criminality, could not be established by simply stating that publication had been a repetition of … Continue reading Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998

When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998

Department for Education (Central Government): ICO 24 Jan 2019

The complainant has requested a report into the performance of the Interim Executive Board (IEB) of a named school. The Department for Education (DfE) disclosed some information but refused to disclose the report in its entirety under the exemptions provided by section 36(2)(c) – otherwise prejudice the conduct of public affairs, and s40(2) – third … Continue reading Department for Education (Central Government): ICO 24 Jan 2019

Beresford v Regina: CACD 11 Dec 2020

Appeal against conviction for rape – ‘(1) the trial was unfair because of impermissible interventions by the judge, particularly when the appellant was giving evidence; (2) the directions given by the judge relating to character, drunkenness and a motivation to lie were misdirections, and the judge should have invited submissions from counsel about his decision … Continue reading Beresford v Regina: CACD 11 Dec 2020

Alexander Bremner (Inspector of Poor for Rathven) v Lunacy Board for Elginshire: HL 24 Jun 1875

In a question between two parochial boards as to liability for support of a pauper lunatic, the inspectors for either parish referred the matter to an un-incorporated Society of Inspectors of the Poor- Held that this reference, although to a society composed of fluctuating members, was a perfectly valid one, and that the parties having … Continue reading Alexander Bremner (Inspector of Poor for Rathven) v Lunacy Board for Elginshire: HL 24 Jun 1875

Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013

(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013

Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 23 Apr 2013

ECJ Opinion – Common organisation of the market in fruit and vegetables – Regulation (EC) No 2200/96 – Article 11 – Producer organisations – Conditions for recognition – Control over contractors Judges: Nils Wahl AG Citations: C-500/11, [2013] EUECJ C-500/11 Links: Bailii Statutes: Regulation (EC) No 2200/96 11 Jurisdiction: European Cited by: Opinion – Fruition … Continue reading Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 23 Apr 2013

Crann v Crown Prosecution Service: Admn 27 Feb 2013

The defendant appealed by case stated against an order allowing the amendment of an information against him. He was first accused of failing to provide a specimen of breath for testing after being stopped and suspected of driving with excess alcohol. The officer had however accepted that he had a proper reason for not providing … Continue reading Crann v Crown Prosecution Service: Admn 27 Feb 2013

The’Spotting The Ball’ Partnership and Others v Revenue and Customs: FTTTx 5 Mar 2013

FTTTx VAT – exemption for games of chance – whether it applies to ‘Spot the Ball’ – whether ‘Spot the Ball’ is a ‘game’ – held yes – whether it is a ‘game of chance’ – held yes -exemption from VAT under group 4, Schedule 9 Value Added Tax Act 1994 and predecessor provisions therefore … Continue reading The’Spotting The Ball’ Partnership and Others v Revenue and Customs: FTTTx 5 Mar 2013

Mullany’s Coaches Ltd v Revenue and Customs: FTTTx 8 Dec 2012

FTTTx PAYE – appeal against the penalty imposed for the late payment of PAYE- Schedule 56 Finance Act 2009- director’s mother who had been responsible for the payment of the PAYE for the last eleven years was diagnosed with cancer of the tongue but kept trying to keep up with her work – director initially … Continue reading Mullany’s Coaches Ltd v Revenue and Customs: FTTTx 8 Dec 2012