FTTTx INCOME TAX -appeal against a penalty charge under Schedule 24 Finance Act 2007 for an incorrect self assessment return for the year 2009/10- appellant omitted a bonus from his tax return and the penalty in respect of this careless omission is confirmed – in respect of an extra payment from RBS which they left … Continue reading Hunt v Revenue and Customs: FTTTx 8 Dec 2012
FTTTx VAT – effective date of registration – request to backdate – statutory power – HMRC administrative procedure – genuine error on part of applicant – error unknown to HMRC – whether HMRC acted reasonably – matter sent back for further decision Citations: [2012] UKFTT 764 (TC) Links: Bailii VAT Updated: 17 November 2022; Ref: … Continue reading Cambrian Hydro Power Ltd v Revenue and Customs: FTTTx 8 Dec 2012
FTTTx VALUE ADDED TAX – input tax – section 24 VATA 1994 – regulation 29(2) VAT Regulations 1995 – whether there were taxable supplies by taxable persons – whether the appellant in possession of valid VAT invoices to support its input tax claim – discretion as to alternative evidence of the charge to VAT – … Continue reading McAndrew Utilities Ltd v Revenue and Customs: FTTTx 4 Dec 2012
ECJ Protection of employees in the event of insolvency of their employer – Directive 80/987/EEC – Directive 2002/74/EC – Directive 2008/94/EC – Articles 2 and 3 – Obligation to provide a guarantee for employees’ claims – Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings … Continue reading Meliha Veli Mustafa v Direktor Na Fond’Garantirani etc: ECJ 18 Apr 2013
Citations: [2013] EWHC 524 (Admin) Links: Bailii Extradition Updated: 17 November 2022; Ref: scu.472674
ECJ (Opinion) EEC-Turkey Association Agreement – Article 41(1) of the Additional Protocol – Standstill clause – Freedom to provide services – ‘Passive’ freedom to provide services – Entry for Turkish nationals without a visa – Whether the ‘passive’ freedom to provide services extends to visiting relative Judges: Cruz Villalon AG Citations: C-221/11, [2013] EUECJ C-221/11 … Continue reading Leyla Ecem Demirkan v Federal Republic of Germany: ECJ 11 Apr 2013
If after the defendant enters an unequivocal plea of guilty it becomes clear that the defendant did not appreciate the elements of the offence to which he was pleading guilty, then it may be appropriate to permit him to withdraw his plea. Judges: Glidewell LJ Citations: [1983] 3 All ER 689 Jurisdiction: England and Wales … Continue reading Regina v South Tameside Magistrates’ Court, ex parte Rowland: 1983
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The complainant requested information from North Lincolnshire Council (‘the Council’). The information had been provided to the Council by a company director in support of his application for a Certificate of Lawful Existing Use or Development. The Council provided some information to the complainant, but withheld various bills, invoices and insurance documents under regulation 12(5)(e) … Continue reading North Lincolnshire Council (Local Government): ICO 24 Feb 2022
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
ECHR Article 10-1Freedom of expressionConviction for having spoken non-official language during election campaigns: violationArticle 46Article 46-2Execution of judgmentMeasures of a general characterRespondent State required to reform the system of judicial disciplineFacts – The applicants, candidates in parliamentary and municipal elections, were convicted and sentenced to prison terms and fines for having spoken Kurdish during rallies, … Continue reading Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
ECHR Article 41Just satisfactionAward in respect of non-pecuniary damage to be paid to legal guardian for use in best interests of legally incapacitated mental patientFacts – In 2000 a district court declared the applicant, who was suffering from schizophrenia, legally incapacitated. His father was subsequently appointed as his legal guardian. Two applications were lodged seeking … Continue reading Lashin v Russia: ECHR 22 Jan 2013
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 Jan 2013
ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013
Judges: The Hon Mr Justice Mitting Citations: [2010] EWHC 2278 (QB) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 14 November 2022; Ref: scu.424882
The parties disputed the termination of a charterparty for anticipatory repudiatory breach. Held: To the extent that the dispute relied on disputes of fact, the court preferred the evidence of the claimant. The defendant had displayed an intention to repudiate the contract. The claimant was entitled to accept that renunciation as a repudiatory breach and … Continue reading SK Shipping (S) Pte Ltd v Petroexport Ltd: ComC 24 Nov 2009
Judges: Mummery LJ, Jacob LJ, Neuberger LJ Citations: [2006] EWCA Civ 1598, [2006] NPC 126, [2007] RA 1, (2006) 150 SJLB 1572, [2007] 2 P and CR DG6 Links: Bailii Statutes: Local Government Finance Act 1988 Jurisdiction: England and Wales Cited by: Appeal from – Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day … Continue reading Gallagher v Church of Jesus Christ of Latter-Day Saints: CA 24 Nov 2006
It was argued that the Secretary of State should have called in a planning application so as to avoid the risk of the local planning authority acting incompatibly with article 6. Held: The court considered the obligations of the Secretary of State: ‘The Secretary of State’s obligation under section 6 of the Human Rights Act … Continue reading Adlard and Others, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and others: CA 24 Apr 2002
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The court dismissed a claim for judicial review of the refusal by the Secretary of State to call in, and establish a public inquiry to consider, certain applications for planning permission and listed building and conservation area consents which the local planning authority (the London Borough of Hammersmith and Fulham) had decided in principle to … Continue reading Adlard, Regina (on the Application of) v Secretary of State for the Environment, Transport and the Regions and others: Admn 17 Jan 2002
The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the … Continue reading Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 10252/10, [2020] ECHR 249 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649721
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 53284/13, [2020] ECHR 224 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649783
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013
The complainant made a request for information from Sheffield City Council for the curriculum vitae details, application for employment and references of a senior employee. He also requested other details surrounding the recruitment and selection of the same senior employee. The Council disclosed part of the requested information to the complainant but withheld the CV, … Continue reading Sheffield City Council (Decision Notice): ICO 21 Jun 2011
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013
ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013
FTTTx EXCISE DUTY – restoration – whether decision not to restore reasonable having regard in particular to evidence of travel patterns of which was not before the officer making the decision.Hellier TJ explained the limited role of the tribunal in such applications: We must explain at the outset that the role of this tribunal in … Continue reading Harris v The Director of Border Revenue: FTTTx 19 Feb 2013
FTTTx VAT – s 73(6) VATA – whether assessments were in time – supplementary decision. Citations: [2013] UKFTT 44 (TC) Links: Bailii VAT Updated: 14 November 2022; Ref: scu.472286
FTTtx INCOME TAX – Late filing penalty – partnership – five messages indicated returns not filed – no reasonable excuse – appeal dismissed. Citations: [2013] UKFTT 30 (TC) Links: Bailii Income Tax Updated: 14 November 2022; Ref: scu.472270
FTTTx VAT – Exemption – Article 13A(1)(n) Sixth VAT Directive – Cultural services – Admission to cinema – Whether provisions of Directive unconditional and sufficiently precise so as to make them directly effective Citations: [2013] UKFTT 72 (TC) Links: Bailii VAT Updated: 14 November 2022; Ref: scu.472266
FTTTx Capital allowances – research and development allowances for expenditure on vaccine research and development – claim by partners of limited partnership – whether arrangements a sham – whether partnership trading – whether partners entitled to loan interest Citations: [2013] UKFTT 73 (TC) Links: Bailii Corporation Tax Updated: 14 November 2022; Ref: scu.472278
FTTtx INCOME TAX – Liability of employee under his employment contract to refund a proportion of a taxable Signing Bonus when the employee gave notice to resign prior to the end of the period for which the employee had committed to remain an employee – whether repayment ‘negative Taxable Earnings’ – Appeal allowed Citations: [2013] … Continue reading Martin v Revenue and Customs: FTTTx 27 Dec 2012
UTIAC 1 No party to proceedings before the Upper Tribunal is entitled to withdraw its case without permission under rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008. A case may be withdrawn with permission but a case is not withdrawn until the Tribunal has notified the parties in writing that permission to withdraw … Continue reading EG and NG (UT Rule 17: Withdrawal; Rule 24: Scope) Ethiopia: UTIAC 8 Feb 2013
Citations: 33234/07 – HEJUD, [2013] ECHR 240 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Valiuliene v Lithuania (LS) ECHR 26-Mar-2013 ECHR Article 3Degrading treatmentInhuman treatmentEffective investigationInvestigative and procedural flaws resulting in prosecution of domestic-violence case becoming time-barred: . . Lists of cited by and citing cases may … Continue reading Valiuliene v Lithuania: ECHR 26 Mar 2013
The patient, a 68 year old man did not have mental capacity to make decisions as to his treatment. The family and hospital had long-standing disagreements about his care. The hospital now sought an order to allow his non-resuscitation in the event of a serious further deterioration of specified sorts. He now suffered cancer of … Continue reading An NHS Trust v DJ and Others: CoP 6 Dec 2012
The parties had each insured the assured under policies covering different risks. The Claimant insurers now claimed an indemnity or a contribution from the Defendant, the Claimants having themselves indemnified the assured. The Claimants sought to recover sums from the Defendant on the basis that the damage suffered by the assured whom they had indemnified … Continue reading Ace European Group Ltd and Others v Chartis Insurance UK Ltd: CA 22 Mar 2013
ECJ Assessment of the effects of certain projects on the environment – Directive 85/337/EEC – Articles 2(1) and 4(2) – Projects listed in Annex II – Extension works to the infrastructure of an airport – Examination on the basis of thresholds or criteria – Article 4(3) – Selection criteria – Annex III, point 2(g) – … Continue reading Salzburger Flughafen Gmbh v Umweltsenat: ECJ 21 Mar 2013
ECFI Customs union – Imports of bananas from Ecuador – Post-clearance recovery of import duties – Request for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 – Error by the customs authorities – Obvious negligence on the part of the interested party Citations: T-324/10, [2013] EUECJ T-324/10 Links: … Continue reading Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013
Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013
Application to stay order for costs. Judges: Rix LJ Citations: [2013] EWCA Civ 131 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012 The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: CA 16 Jan 2013
The complainant has requested information on the Department for Transport’s (DfT) communications with the General Directorate MOVE of the European Commission and for documents issued by the DfT containing rules of aviation security relating to cabin luggage in a specific time period. The DfT refused the first part of the request citing section 12(1) of … Continue reading Department for Transport (Central Government): ICO 28 Feb 2022
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Residence permit issued to third-country nationals who are victims of human trafficking or have been the subject of illegal immigration assistance and who cooperate with the competent authorities – Directive 2004/81/EC – Article 6 – Scope – National of a … Continue reading Staatssecretaris Van Justitie En Veiligheid (Eloignement De La Victime De La Traite D’Etres Humains) (Judgment): ECJ 20 Oct 2022
The parties disputed the effect of terms in sale and leaseback contracts for passenger aircraft as to the duty to repair on redelivery. Judges: Ward LJ, Thomas LJ, Wall LJ Citations: [2007] EWCA Civ 882, [2007] 2 Lloyd’s Rep 612 Links: Bailii Jurisdiction: England and Wales Contract Updated: 14 November 2022; Ref: scu.259135
Citations: [2006] EWHC 894 (Admin) Links: Bailii Statutes: Police Act 1996 89(2) Jurisdiction: England and Wales Crime, Police Updated: 14 November 2022; Ref: scu.241728
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
The Asylum Support adjudicators had allowed appeals by the asylum failed seekers, and had awarded them support. The Secretary of State now appealed. The failed asylum seekers had been unable to leave the country and having been refused support were destitute. Held: The decisions had been wrong. The decision fell to be made in stages. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others: Admn 16 May 2006
The defendant appealed his conviction for driving with excess alcohol, saying that the court had failed to allow him to raise properly expert doubts as to the prosecution evidence. He sought to challenge the effect of preservatives on the sample of blood as tested by the prosecution. The prosecution expert had only given hearsay evidence … Continue reading Dhaliwal, Regina (on the Application Of) v Director of Public Prosecutions: Admn 16 Mar 2006
The defendant company had been convicted of failing to keep proper drugs records in the nursing home it ran. Held: The prosecution by the CSCI ws necessarily authorised by the CSCI. As to the issue of intention, the offences alleged were ones of strict liability. The judge had looked to the outcome of the offences … Continue reading Brooklyn House Ltd v Commission for Social Care Inspection: Admn 25 May 2006
Judges: Collins J Citations: [2004] EWHC 1025 (Admin), [2005] MHLR 7 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Regina (C) v Mental Health Review Tribunal and Others QBD 17-Jan-2005 C applied for judicial review of the refusal by the respondent to order his absolute discharge, and the continuation of the restriction order. … Continue reading L, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 23 Apr 2004
The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in section 312(4) of the 1996 Act is wide enough to include naming a particular … Continue reading Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane: CA 12 Feb 1998
The court considered the withdrawal of benefits for asylum seekers once their application had been determined. The court could see no significant difference between withdrawing benefits once the decision is made, even if the decision and/or the reasons have not yet been communicated to the applicant, and withdrawing them while the applicant pursues an appeal … Continue reading Regina v Secretary of State for Home Department ex parte Karaoui: Admn 11 Mar 1997
A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994
ECJ Citizenship of the Union – Freedom of movement for workers – Principle of equal treatment – Article 45(2) TFEU – Regulation (EEC) No 1612/68 – Article 7(2) – Directive 2004/38/EC – Article 24(1) and (2) – Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student … Continue reading LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013
Disability Living Allowance – Marriage, civil partnerships and living together – Living together as husband and wife or civil partners – appeal allowed – rehearing before different tribunal Citations: [2012] UKUT 470 (AAC) Links: Bailii Benefits Updated: 14 November 2022; Ref: scu.471124
The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The appellant appealed saying that the notice would leave him stateless. Held: If the result of … Continue reading B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012
The complainant requested information about investigations carried out by the Trading Standards department. The Commissioner’s decision is that the London Borough of Hounslow failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require any further steps. FOI 10: Complaint upheld Citations: [2019] … Continue reading Hounslow London Borough Council (Local Government): ICO 24 Jul 2019
Appeal from conviction of murder Judges: Lady Justice Carr DBE Mrs Justice Yip DBE His Honour Judge Katz QC (Sitting as a Judge of the Court of Appeal) Citations: [2020] EWCA Crim 1798 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.682462
Judges: Mrs Justice Elisabeth Laing DBE Citations: [2015] EWHC 242 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 14 November 2022; Ref: scu.545870
Judges: Laws LJ, Walker J Citations: [2006] EWHC 1847 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 13 November 2022; Ref: scu.244504
The claimant challenged the refusal of the defendant to treat his claim for asylum as a new claim. Judges: Mr Stephen Morris QC Citations: [2009] EWHC 30 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 13 November 2022; Ref: scu.280245
Judges: Bean J Citations: [2006] EWHC 2139 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Human Rights Updated: 13 November 2022; Ref: scu.244507
Simon Brown LJ said: ‘It is a principle of legal policy that a person should not be penalised except under clear law.’ Judges: Simon Brown LJ Citations: [1998] 3 All ER 798 Jurisdiction: England and Wales Cited by: Cited – Haw, Regina (on the Application of) v Secretary of State for the Home Department and … Continue reading Regina v Bristol Magistrates Court ex parte E: CA 1998
The applicant had been released from prison on licence, but was subject to the use of an electronic tag, because his offence had been one of violence. The tag was removed and the applicant made himself scarce. His licence was revoked. His solicitors made representations about this, but his request was not to be dealt … Continue reading Ahmed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 May 2006
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but … Continue reading Waple v Surrey County Council: CA 17 Dec 1997
The court was asked: ‘whether a company which has granted a lease of business premises in circumstances which would ordinarily mean that the provisions of the Landlord and Tenant Act 1954 (‘the Act’) applied can invoke s. 24 A of that Act even though it did not have title to the premises the subject of … Continue reading Bell and others v General Accident Fire and Life Assurance Corporation Ltd: CA 11 Dec 1997
ECJ The applicants, publishers with exclusive rights to reproduce etc, certain audio books, claimed that their exclusive rights had been infringed by the public distribution of the works without their consent by means of a file transport protocol server which allowed file sharing and data transfer between computers connected to the internet. The applicants applied … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 19 Apr 2012
There had been two fires at a depot owned by the claimants. The fires were found to have been likely to have been caused by the deceased employee. His insurers had repudiated liability saying that the had not been notified oin a timely fashion. Held: the appeal failed. Toulson LJ said: ‘The judge’s finding that … Continue reading Nulty and Others v Milton Keynes Borough Council: CA 24 Jan 2013
ECJ Appeal – State aid – Tax-reduction measures – Seafarers working on board vessels registered in the Danish International Register – Article 88(3) EC – Preliminary examination stage – Commission decision not to raise objections – Action for annulment – Conditions for initiating the formal investigation procedure – Existence of doubts regarding the compatibility of … Continue reading Falles Fagligt Forbund v Kingdom Of Denmark: ECJ 24 Jan 2013
ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010
(Grand Chamber) The applicant was a practising Jehovah’s Witness and a conscientious objector. He said that his conviction for refusing to serve in the army had violated his right to freedom of thought, conscience and religion. That complaint had been rejected. Held: (Gyulumyan dissenting) There had been a violation of the applicant’s article 9 rights. … Continue reading Bayatyan v Armenia: ECHR 7 Jul 2011
NIIT In these proceedings, the claimant made a claim against Compartmentation and against NI, in respect of a redundancy payment. He also sought a declaration, pursuant to Article 205 of the Employment Rights (NI) Order 1996 (‘the 1996 Order’), that Compartmentation or NI had become liable to make a redundancy payment to him in March … Continue reading Murray v Firecrest Ni Ltd Department for Employment and Firecrest Compartmentation Ltd Department for Employment and Learning: NIIT 23 May 2012
The complainant requested information from the Department for Health and Social Care relating to emails between the UK Government and Mr Matt Hancock’s private email account(s). By the date of this notice the Department for Health and Social Care had failed to provide a substantive response to this request. The Commissioner’s decision is that the … Continue reading Department of Health and Social Care (Central Government): ICO 20 Sep 2021
Citations: [2006] EWHC 1208 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 93(2)(b) Jurisdiction: England and Wales Immigration, Human Rights Updated: 12 November 2022; Ref: scu.242206
Judges: Mr Justice Keith Lord Justice Maurice Kay Citations: [2006] EWHC 1259 (Admin), [2007] 1 WLR 950 Links: Bailii Jurisdiction: England and Wales Financial Services, Company Updated: 12 November 2022; Ref: scu.242221
Judges: Lord Justice Laws Sir Martin Nourse Lord Justice Peter Gibson Citations: [2003] EWCA Civ 1849, [2004] STI 49, [2004] Eu LR 459, [2004] BTC 50, [2004] STC 130 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Pirelli Cable Holding NV and Others v Inland Revenue Commissioners ChD 22-Jan-2003 The Metallgesellschaft case had … Continue reading Pirelli Cable Holding NV and others v The Commissioners of Inland Revenue: CA 16 Dec 2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 57273/13, [2018] ECHR 973 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631241
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Committee Citations: 13124/08, [2018] ECHR 959 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631227
The complainant requested information held by the House Lords Appointments Commission (HLAC) relating to the appointment of Lord Hameed to the peerage. The HLAC provided a small amount of information in response to this request but withheld further information on the basis of the exemptions contained at sections 37(1)(b) -‘ conferring of a honour by … Continue reading House of Lords Appointments Commission (Decision Notice): ICO 24 Nov 2009
(Execution of Judgment) Record of satisfaction of judgment against it by the respondent. Judges: L Wildhaber P Citations: [2010] ECHR 2241 Links: Bailii Statutes: European Convention on Human Rights 3 Citing: See Also – Ramirez Sanchez v France ECHR 27-Jan-2005 The applicant complained that he had been held in solitary confinement for a period of … Continue reading Ramirez Sanchez v France: ECHR 2 Dec 2010
Judges: Rix, Stanley Burnton, Patten LJJ Citations: [2011] EWCA Civ 1821 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 12 November 2022; Ref: scu.467246
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
Choses in action including contractual rights are ‘assets’ within the meaning of section 44(3). Citations: [2004] EWHC 3175 (QB), [2005] 2 Lloyds Rep 494 Links: Bailii Statutes: Arbitration Act 1996 44(3) Jurisdiction: England and Wales Cited by: Appeal from – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005 The parties were engaged in arbitration proceedings. … Continue reading Cetelem Sa v Roust Holdings Ltd: QBD 29 Dec 2004
ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984
ECJ Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Precondition for entitlement imposed by national rules – Absence of the worker – Length of the leave entitlement based on the nature of the absence – National rules incompatible with Directive 2003/88 – Role of the national court Judges: … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 24 Jan 2012
The claimants challenged the terms of restrictions placed upon them under the Act. Judges: Sullivan J Citations: [2006] EWHC 1623 (Admin) Links: Bailii Statutes: Prevention of Terroism Act 2005 Jurisdiction: England and Wales Citing: Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006 The applicant challenged the terms of … Continue reading Secretary of State for the Home Department v JJ and others: Admn 28 Jun 2006
The deceased had committed suicide whilst in a Young Offenders Institute. The coroner had called for a further enquiry into the way he had been sentenced. The Home Office refused a public enquiry saying that the coroner’s inquest had satisfied its human rights duties. Judicial review was now sought of that decision. Held: The respondent … Continue reading Scholes, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jan 2006
Judges: George Bartlett QC Citations: [2006] EWHC 995 (Admin) Links: Bailii Statutes: Transport and Works Act 1992 22 Jurisdiction: England and Wales Transport, Environment Updated: 12 November 2022; Ref: scu.241742
Practice and Procedure 1. The Claimant, who had been assisted by her daughter at earlier hearings, required emergency dental treatment on the day and at the time fixed for the hearing of the Respondents’ application for an order striking out her claims on the basis that a fair hearing was no longer possible. 2. The … Continue reading Mukoro Independent Workers Union of Great Britain (Practice and Procedure): EAT 24 Mar 2021
Judges: Lord Justice Kennedy, Mr Justice Pitchers Citations: [2002] EWHC 2477 (Admin) Links: Bailii Jurisdiction: England and Wales Police, Judicial Review Updated: 12 November 2022; Ref: scu.178481
Citations: [2014] UKIntelP o09214 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 12 November 2022; Ref: scu.523974
Citations: [2011] EWCA Civ 48 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 12 November 2022; Ref: scu.467243
X had made, in confidence, an allegation that she had been abused as a child. The alleged perpetrator was now in another relationship, and with children. X resisted the disclosure of her complaint. Held: An order was made for disclosure. There had been an encounter between X and the mother, and whilst no details had … Continue reading In re X: CA 24 Jul 2012
ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012
Appeal against refusal to confirm a bridleway. Citations: [1997] EWCA Civ 2845 Statutes: Highways Act 1980 Jurisdiction: England and Wales Land Updated: 12 November 2022; Ref: scu.143244