Citations:
25223/05, [2009] ECHR 386
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Human Rights
Updated: 31 December 2022; Ref: scu.316614
25223/05, [2009] ECHR 386
European Convention on Human Rights
Human Rights
Updated: 31 December 2022; Ref: scu.316614
[2022] UKAITUR LP002382020
England and Wales
Updated: 31 December 2022; Ref: scu.682562
The complainant requested from London Borough of Enfield (the Council) information relating to the Council’s PSI Asbestos Management System. The Council stated it does not hold the information requested. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold the requested information. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
FOI 1(1)(a): Complaint not upheld
[2022] UKICO 153322
England and Wales
Updated: 31 December 2022; Ref: scu.683034
Senior Costs Judge Gordon-Saker
[2022] EWHC 2920 (SCCO)
England and Wales
Updated: 31 December 2022; Ref: scu.683286
[2010] UKUT 181 (AAC)
England and Wales
Updated: 31 December 2022; Ref: scu.423191
Leech J
[2022] EWHC 2916 (Ch)
England and Wales
Updated: 31 December 2022; Ref: scu.683297
Mr Justice David Steel
[2009] EWHC 823 (Comm), [2010] 2 Costs LR 140
England and Wales
Principal judgment – Colour Quest Ltd and others v Total Downstream UK Plc and others (Rev 1) ComC 20-Mar-2009
The claim arose when a petrol spillage created a large vapour cloud which exploded causing widespread damage and injury. . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 December 2022; Ref: scu.341206
[2009] UKFTT EA – 2009 – 0058 (GRC
Freedom of Information Act 2000
England and Wales
Updated: 31 December 2022; Ref: scu.428749
Single offence of causing serious injury by dangerous driving – 18 months
Lady Justice Whipple DBE
[2022] EWCA Crim 1577
England and Wales
Updated: 31 December 2022; Ref: scu.683747
The complainant requested information on a continuing care review report. The West Hampshire Clinical Commissioning Group (the CCG) disclosed information during the Commissioner’s investigation and confirmed that it did not hold any further information. The complainant considered that more information must be held. The Commissioner’s decision is that, on the balance of probabilities, the CCG does not hold any further information within the scope of the request. The Commissioner does not require the CCG to take any steps.
FOI 1: Complaint not upheld
[2019] UKICO fs50835152
England and Wales
Updated: 31 December 2022; Ref: scu.643526
Incapacity benefits
[2010] UKUT 143 (AAC)
England and Wales
Updated: 31 December 2022; Ref: scu.423189
A testator after disposing of his real estate, and giving a general legacy of pounds 100, gives all his moneys not otherwise by his will disposed of to his younger children, and the residue of his personal estate to his wife. Under the word ‘moneys,’ East India stock passes to the children.
[1737] EngR 184, (1737) West T Hard 172, (1737) 25 ER 880
England and Wales
Updated: 31 December 2022; Ref: scu.386673
Jonathan Hirst QC
[2003] EWHC 2269 (Comm), [2004] 1 Lloyd’s Rep 495
England and Wales
Appeal from – Heath Lambert Limited v Sociedad De Corretaje De Seguros, Banesco Seguros Ca CA 25-Jun-2004
Out of various claims under insurances, one claim, for the payment of a premium on a policy of reinsurance remained. It provided that it was payable 90 days after the contract and in cash.
Held: The words indicated that the obligation to pay . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 December 2022; Ref: scu.201725
Liability for ship collision.
Mr Justice David Steel
[2007] EWHC 84 (Comm)
England and Wales
Updated: 31 December 2022; Ref: scu.248266
The complainant has requested contract and fees information concerning the management of hire of a local park for a market. London Borough of Waltham Forest disclosed some of the information held but withheld some of the information under section 43(2) of the FOIA (prejudice to commercial interests). The Commissioner’s decision is that London Borough of Waltham Forest correctly withheld the relevant information under section 43(2) and that the public interest favours maintaining the exemption.
FOI 43(2): Complaint not upheld
[2022] UKICO 112596
England and Wales
Updated: 31 December 2022; Ref: scu.683047
His Honour Judge Burrows
[2022] EWCOP 12
England and Wales
Updated: 31 December 2022; Ref: scu.675301
[2022] UKAITUR HU046462021
England and Wales
Updated: 31 December 2022; Ref: scu.682520
Langley J
[2007] EWHC 1876 (Comm), [2007] ArbLR 40
England and Wales
Updated: 31 December 2022; Ref: scu.259322
The complainant requested a copy of the minutes of an adult safeguarding board meeting and a list of the attendees. City of Bradford Metropolitan District Council originally provided a redacted version of the minutes but subsequently provided all the information within the scope of the request. The Commissioner’s decision is that the Council failed to provide all the information it held within the scope of the request within 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require further steps.
FOI 10: Complaint upheld
[2019] UKICO fs50842602
England and Wales
Updated: 31 December 2022; Ref: scu.650278
Her Honour Judge Emma Kelly
[2022] EWHC 2568 (KB)
England and Wales
Updated: 31 December 2022; Ref: scu.682040
Attachment of privilege, though informal, being returnable on a general return, is a sufficient commencement of an action to avoid the Statute of Limitation.
[1746] EngR 310, (1746-1779) 2 Black W 1131, (1746) 96 ER 667
England and Wales
Updated: 31 December 2022; Ref: scu.380698
Simpson J
[2022] NIKB 16
Northern Ireland
Updated: 31 December 2022; Ref: scu.683474
The complainant requested correspondence between North Norfolk District Council (the ‘council’) and specific town councillors. The Commissioner’s decision is that the council has correctly applied the provisions of section 40(2) to withhold the requested information. The Commissioner does not require the council to take any steps.
FOI 40(2): Complaint not upheld
[2022] UKICO 172938
England and Wales
Updated: 31 December 2022; Ref: scu.683082
The opinion of a judge directing the Plaintiff in an action to be nonsuited if it does not appear on the record, cannot be questioned in a writ of error. The Plaintiff, if he intends to bring a writ of error on the ground of misdirection, in point of law, should not, submit to be nonsuited but appear, and put the judge to express such opinion, by way of diminution to the jury; and thereupon tender a. bill of exceptions to the judge, and procure his signature thereto.
[1828] EngR 150, (1828) 2 Bligh NS PC 9, (1828) 4 ER 1033
Commonwealth
Updated: 31 December 2022; Ref: scu.322914
[2022] UKAITUR IA098622021
England and Wales
Updated: 31 December 2022; Ref: scu.682557
The complainant requested from Torbay Council information in relation an independent review concerning a Tree Preservation Order. Torbay Council disclosed some of the information but withheld the remainder under Regulation 12(5)(b) of the EIR. The Commissioner’s decision is that Torbay Council has correctly applied Regulation 12(5)(b) of the EIR to the remainder of the requested information and the public interest is balanced in favour of withholding it. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
EIR 12(5)(b): Complaint not upheld
[2022] UKICO 182078
England and Wales
Updated: 31 December 2022; Ref: scu.683132
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee
7440/07, [2022] ECHR 946
European Convention on Human Rights
Human Rights
Updated: 31 December 2022; Ref: scu.682648
The complainant requested copies of correspondence exchanged with the London Borough of Sutton. The Department for Education disclosed some information but relied on section 36 (prejudice to the effective conduct of public affairs) and section 40 of FOIA (third party personal data) to withhold the remainder. The Commissioner’s decision is that the DfE is entitled to rely on section 36(2)(b)(ii) of FOIA to withhold the remaining information and that the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps.
FOI 36: Complaint not upheld FOI 40: Complaint not upheld
[2022] UKICO 123853
England and Wales
Updated: 31 December 2022; Ref: scu.679934
The complainant requested correspondence from Nuneaton and Bedworth Borough Council (‘the Council’) relating to a specific planning application. The Council withheld the information under regulation 12(4)(d) of the EIR – material in the course of completion – and/or regulation 12(4)(e) of the EIR – internal communications. The Commissioner’s decision is that the two exceptions are engaged; however, the balance of the public interest favours disclosure of the information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose the withheld information, subject to paragraph 55 of this notice.
EIR 12(4)(d): Complaint upheld EIR 12(4)(e): Complaint upheld
[2019] UKICO fer0820871
England and Wales
Updated: 31 December 2022; Ref: scu.643509
Mr Justice Laddie
[2000] EWHC 226 (Comm), [2001] 1 BCLC 460
England and Wales
Updated: 31 December 2022; Ref: scu.341865
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee
52784/19, [2022] ECHR 972
European Convention on Human Rights
Human Rights
Updated: 31 December 2022; Ref: scu.682653
Claim under re-insurance contrac to enforce award of the Pyongyang court.
David Steel J
[2007] EWHC 1744 (Comm), [2007] Lloyd’s Rep IR Plus 47
England and Wales
Updated: 31 December 2022; Ref: scu.258416
The complainant requested information from Imperial College Healthcare NHS Trust (‘the Trust’) relating to job applications and ethnicity background data of applicants. By the date of this notice the Trust had not issued a substantive response to this request. The Commissioner’s decision is that the Trust has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Trust must provide a substantive response to the request in accordance with its obligations under FOIA. The Trust must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 10: Complaint upheld
[2022] UKICO 196040
England and Wales
Updated: 31 December 2022; Ref: scu.683171
Application for permanent anti-suit injunction.
Teare J
[2007] EWHC 2595 (Comm), [2008] 1 Lloyd’s Rep 532
England and Wales
Updated: 31 December 2022; Ref: scu.261601
[2009] UKFTT EA – 2009 – 0029 (GRC
Freedom of Information Act 2000
England and Wales
Updated: 31 December 2022; Ref: scu.428756
Lord Justice Lewison
Lord Justice Green
And
Lord Justice Snowden
[2022] EWCA Civ 1701
England and Wales
Updated: 31 December 2022; Ref: scu.683993
Re Breaches of ASBIs
Lord Justice Stuart Smith
Lord Justice Birss
And
Lord Justice Edis
[2022] EWCA Civ 1631, [2022] WLR(D) 507
Anti-Social Behaviour, Crime and Policing Act 2014
England and Wales
Updated: 31 December 2022; Ref: scu.683991
Forfeiture
[2014] EWLVT MAN – LV – FFT – 30UN – 0
England and Wales
Updated: 28 December 2022; Ref: scu.540989
[2014] EWCA Crim 2413
England and Wales
Updated: 28 December 2022; Ref: scu.539455
Application for recusal – denied
[2014] EWHC 2883 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537331
Mr Justice Coleridge / Sir Paul Coleridge
[2014] EWHC 3340 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.538869
Financial remedies application
Mr Justice Moor
[2013] EWHC 834 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537595
Financial remedy application
Roberts J
[2014] EWHC 2864 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537196
[2014] EWHC B22 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537588
Holman J
[2014] EWHC 2997 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537194
Application by a married couple, who are of Asian origin, but British citizens, to adopt a young man, now aged nine and a half, who has lived with them, effectively, for his whole life.
Holman J
[2014] EWHC 3111 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537592
The Honourable Mr Justice Cobb
[2014] EWHC 2938 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537202
[2014] EWHC 2964 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537203
Application brought by the mother under the Hague Convention, for the summary return of twins, S and G
Hogg J
[2014] EWHC 3168 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537587
[2014] UKAITUR IA468662013
England and Wales
Updated: 28 December 2022; Ref: scu.538638
[2014] UKAITUR IA454522013
England and Wales
Updated: 28 December 2022; Ref: scu.540131
[2014] UKAITUR IA305002013
England and Wales
Updated: 28 December 2022; Ref: scu.539512
[2014] UKAITUR IA201132013
England and Wales
Updated: 28 December 2022; Ref: scu.539210
[2014] UKAITUR OA042132013
England and Wales
Updated: 28 December 2022; Ref: scu.538652
[2014] UKAITUR IA344852013
England and Wales
Updated: 28 December 2022; Ref: scu.539517
[2014] UKAITUR IA264392013
England and Wales
Updated: 28 December 2022; Ref: scu.537392
[2014] UKAITUR IA189652013
England and Wales
Updated: 28 December 2022; Ref: scu.540079
[2014] ScotSC 42
Scotland
Updated: 28 December 2022; Ref: scu.534204
Wife’s claim for ancillary relief following divorce.
The Honourable Mr Justice Mostyn
[2014] EWHC 2998 (Fam)
England and Wales
Updated: 28 December 2022; Ref: scu.537193
The appellant was to be tried at the Crown court, facing one either way offence and other summary offences. The indictable offence was withdrawn. He now said that the Crown Court had not had jurisdiction to proceed.
Held: Once an indictment was correctly preferred and signed, it remain valid.
McCombe LJ, Griffith Williams J, Judge Goss QC
[2013] EWCA Crim 2596, [2014] WLR(D) 38, [2014] 1 Cr App R 25, [2014] 1 WLR 2027
England and Wales
Updated: 28 December 2022; Ref: scu.535474
Judicial Review of a decision of the Secretary of State for the Home Department dated 30 July 2012 refusing to treat the petitioner’s further submissions as a fresh claim
[2014] ScotCS CSOH – 81
Scotland
Updated: 28 December 2022; Ref: scu.525459
Application by the prosecution for leave to appeal a decision staying a prosecution initiated by the Financial Conduct Authority in relation to a trial due to commence.
[2014] EWCA Crim 1028
England and Wales
Updated: 28 December 2022; Ref: scu.525767
Dismissed
[2014] UKFTT 2013 – 0263 (GRC)
Freedom of Information Act 2000
England and Wales
Updated: 28 December 2022; Ref: scu.526483
[2014] EWCA Crim 956
England and Wales
Updated: 28 December 2022; Ref: scu.525765
[2014] UKAITUR IA171572013
England and Wales
Updated: 28 December 2022; Ref: scu.525677
[2014] UKAITUR IA187722013
England and Wales
Updated: 28 December 2022; Ref: scu.525682
[2014] UKAITUR AA062562013
England and Wales
Updated: 28 December 2022; Ref: scu.527007
[2014] UKAITUR IA438352013
England and Wales
Updated: 28 December 2022; Ref: scu.537155
[2014] UKAITUR OA031642013
England and Wales
Updated: 28 December 2022; Ref: scu.536154
[2014] UKAITUR IA429082013
England and Wales
Updated: 28 December 2022; Ref: scu.526234
[2014] UKAITUR IA313942013
England and Wales
Updated: 28 December 2022; Ref: scu.534491
[2014] UKAITUR IA356722013
England and Wales
Updated: 28 December 2022; Ref: scu.525703
[2014] UKAITUR IA272502013
England and Wales
Updated: 28 December 2022; Ref: scu.535621
[2014] UKAITUR IA256032013
England and Wales
Updated: 28 December 2022; Ref: scu.536593
[2014] UKAITUR IA491512013
England and Wales
Updated: 28 December 2022; Ref: scu.536616
[2014] UKAITUR OA072072013
England and Wales
Updated: 28 December 2022; Ref: scu.536626
[2014] UKAITUR AA105852013
England and Wales
Updated: 28 December 2022; Ref: scu.536085
[2014] EWCA Civ 558
England and Wales
Updated: 28 December 2022; Ref: scu.525112
[2013] EWCOP 78
England and Wales
Updated: 28 December 2022; Ref: scu.524691
The claimants were suspected of terrorism and subject to control orders and terrorism prevention and investigation measures. They brought proceedings for abuse of process relating to the manner in which they had been removed to the United Kingdom from Somaliland
Held: They were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment.
Maurice Kay, Sullivan, Briggs LJJ
[2014] EWCA Civ 559, [2014] 1 WLR 4240, [2014] 3 All ER 760, [2014] WLR(D) 187
England and Wales
Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 December 2022; Ref: scu.525118
[2014] UKAITUR AA023402013
England and Wales
Updated: 28 December 2022; Ref: scu.524800
[2014] UKAITUR DA006472013
England and Wales
Updated: 28 December 2022; Ref: scu.524822
[2014] UKAITUR IA133452013
England and Wales
Updated: 28 December 2022; Ref: scu.521360
[2014] UKAITUR DA013962013
England and Wales
Updated: 28 December 2022; Ref: scu.522086
[2013] UKAITUR AA061992013
England and Wales
Updated: 28 December 2022; Ref: scu.519801
[2013] UKAITUR IA033082012)
England and Wales
Updated: 28 December 2022; Ref: scu.518190
[2013] UKAITUR OA264652011)
England and Wales
Updated: 28 December 2022; Ref: scu.517071
[2013] UKAITUR AA098002012)
England and Wales
Updated: 28 December 2022; Ref: scu.514491
[2013] UKAITUR DA000852013
England and Wales
Updated: 28 December 2022; Ref: scu.514629
[2013] UKAITUR VA291102012)
England and Wales
Updated: 28 December 2022; Ref: scu.514580
[2013] UKAITUR OA168232012)
England and Wales
Updated: 28 December 2022; Ref: scu.516696
Hodge QC HHJ
[2014] EWHC 835 (Ch)
England and Wales
Updated: 28 December 2022; Ref: scu.523720
[2013] UKAITUR IA113372013
England and Wales
Updated: 28 December 2022; Ref: scu.517054
[2013] UKAITUR AA044322013
England and Wales
Updated: 28 December 2022; Ref: scu.518119
[2013] UKAITUR IA178232013
England and Wales
Updated: 28 December 2022; Ref: scu.519880
[2013] UKAITUR AA124802011)
England and Wales
Updated: 28 December 2022; Ref: scu.518662
[2013] UKAITUR IA189452012)
England and Wales
Updated: 28 December 2022; Ref: scu.509821
[2013] UKAITUR VA088172012)
England and Wales
Updated: 28 December 2022; Ref: scu.511592
[2013] UKAITUR AA083822012)
England and Wales
Updated: 28 December 2022; Ref: scu.510373