Search Results for: Art 24 EC

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Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: CA 24 Nov 1997

The Parish Council appealed against refusal of leave to seek judicial review of a decision to reject an application for certain land to be registered as a common. Judges: Carnwath LJ Citations: [1997] EWCA Civ 2807, [2006] Ch 43 Statutes: Commons Registration Act 1965 13(b) Jurisdiction: England and Wales Citing: Appeal from – Regina v … Continue reading Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: CA 24 Nov 1997

Italy v Commission (Order): ECJ 2 Apr 2020

Appeal – Article 181 of the Rules of Procedure of the Court – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Sugar sector – Expenditure excluded from financing by the European Union – Expenditure incurred by the Italian Republic – Appeal, in part, manifestly inadmissible and, in part, manifestly … Continue reading Italy v Commission (Order): ECJ 2 Apr 2020

Mehta v Regina: CACD 31 Dec 2012

The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted. Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the prosecution’s case that the appellant’s relationship to Murphy regarding the Murphy-related transactions was one of mutual dishonesty. It … Continue reading Mehta v Regina: CACD 31 Dec 2012

Cornwall Council, Regina (on The Application of) v Wiltshire Council and Others: Admn 21 Dec 2012

Dispute as to which council had obligation to support a young disabled man. Judges: Beatson J Citations: [2012] EWHC 3739 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 24 32 Jurisdiction: England and Wales Cited by: Appeal from – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Others … Continue reading Cornwall Council, Regina (on The Application of) v Wiltshire Council and Others: Admn 21 Dec 2012

Dominguez v Prefect of the Central Region (Social Policy): ECJ 8 Sep 2011

ECJ Article 31, paragraph 2, of the Charter – Fundamental social rights – General principles of law – horizontal effect of directives – Article 7 of Directive 2003/88/EC – Working conditions – Working time arrangements – The right to annual leave paid – Birth of entitlement regardless of the nature of the absence of the … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 8 Sep 2011

Football Association Premier League Ltd and others v QC Leisure and others: ChD 24 Jun 2008

Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches. Judges: Kitchin J Citations: [2008] EWHC 1411 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – The Football Association Premier League Ltd v QC Leisure and … Continue reading Football Association Premier League Ltd and others v QC Leisure and others: ChD 24 Jun 2008

Ajoh, Regina (on the Application of) v Secretary of State for the Home Office: Admn 16 May 2006

Citations: [2006] EWHC 1489 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appel from – AJoh, Regina (on the Application of) v Secretary of State for the Home Department CA 4-Jul-2007 The applicant complained of the delay in the processing of her asylum application. Held: ‘It was reasonable to expect that both [the applicant] … Continue reading Ajoh, Regina (on the Application of) v Secretary of State for the Home Office: Admn 16 May 2006

Regina v Secretary of State for Home Department ex parte Danaei: CA 12 Nov 1997

An immigration adjudicator, after a hearing, had rejected the applicant’s asylum appeal, but accepted that he had left Iran because he had had an adulterous relationship; Held: The Home Secretary was wrong to depart from the special adjudicator’s finding of fact without having good reason and where adjudicator had heard evidence in coming to his … Continue reading Regina v Secretary of State for Home Department ex parte Danaei: CA 12 Nov 1997

Regina v Parliamentary Commissioner for Standards Ex Parte Al-Fayed: CA 5 Nov 1997

The Parliamentary Commissioner for Standards had published a report relating to a complaint by the applicant against a Member of Parliament. Held: The applicant sought permission to challenge this by judicial review. The applicant’s appeal failed. No judicial review was possible of the workings of the Parliamentary Commissioner for Standards despite the absence of any … Continue reading Regina v Parliamentary Commissioner for Standards Ex Parte Al-Fayed: CA 5 Nov 1997

5Th Avenue Products Trading (Customs Union – Transaction Value of Imported Goods – Concept of ‘Condition of Sale’ – Judgment): ECJ 19 Nov 2020

Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 29(1) and (3)(a) – Article 32(1)(c) and (5)(b) – Regulation (EEC) No 2454/93 – Article 157(2) – Customs valuation – Transaction value of imported goods – Concept of ‘condition of sale’ – Payment in return for … Continue reading 5Th Avenue Products Trading (Customs Union – Transaction Value of Imported Goods – Concept of ‘Condition of Sale’ – Judgment): ECJ 19 Nov 2020

Bezrukov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 76344/12, [2022] ECHR 824 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681643

Tevfik v Revenue and Customs (Income Tax/Corporation Tax : Capital Allowances): FTTTx 24 Sep 2019

Income tax – ss 29 and 36 TMA 1970 – discovery assessment – Capital Allowances Act 2001 – expenditure on ‘plant and machinery’ whether deductible from income derived from HMO lettings – appellant asserted that expenditure claimed was restricted to communal areas – whether such areas formed part of ‘dwelling-house’ and therefore not ‘qualifying expenditure’ … Continue reading Tevfik v Revenue and Customs (Income Tax/Corporation Tax : Capital Allowances): FTTTx 24 Sep 2019

Mubu and Others (Immigration Appeals – Res Judicata) Zimbabwe: UTIAC 24 Oct 2012

UTIAC The principle of res judicata does not operate in immigration appeals.The guidelines set out in Devaseelan [2002] UKIAT 00702; [2003] Imm AR 1 are always to be applied to the determination of a factual issue, the dispute as to which has already been the subject of judicial determination in an appeal against an earlier … Continue reading Mubu and Others (Immigration Appeals – Res Judicata) Zimbabwe: UTIAC 24 Oct 2012

GS and EO (Article 3 – Health Cases) India: UTIAC 24 Oct 2012

UTIAC (i) The fact that life expectancy is dramatically shortened by withdrawal of medical treatment in the host state is in itself incapable of amounting to the highly exceptional case that engages the Article 3 duty.(ii) There are recognised departures from the high threshold approach in cases concerning children, discriminatory denial of treatment, absence of … Continue reading GS and EO (Article 3 – Health Cases) India: UTIAC 24 Oct 2012

Chabo v Hauptzollamt Hamburg-Hafen (Common Customs Tariff): ECJ 24 Jun 2010

Europa Regulation (EC) No 1719/2005 – Common Customs Tariff – Tariff specific – Canned mushrooms of the genus Agaricus (mushrooms) – Proportionality – Extent of control in the presence of a broad discretion – Objectives Agricultural Policy – Objectives of Trade Policy – Necessity – WTO – Agreement on Agriculture – Article 4 – Fees … Continue reading Chabo v Hauptzollamt Hamburg-Hafen (Common Customs Tariff): ECJ 24 Jun 2010

Architects of Wine Ltd v Barclays Bank Plc: CA 20 Mar 2007

The bank appealed summary judgement against it for conversion of cheques. The cheques had been obtained by a fraud. Held: The court considered the question of neglience under section 4: ‘The section 4 qualified duty does not require an assumption of negligence, just because a bank bears the burden of showing that it took reasonable … Continue reading Architects of Wine Ltd v Barclays Bank Plc: CA 20 Mar 2007

Regina ex parte Blackwood v Secretary of State for The Home Department: Admn 21 Jan 2003

The applicant had been brought to the UK in 1991 as a ten year old child with her asylum seeking parents. After mistreatment by her parents she had been brought up in care, and now had her own child. She had connections here. She resisted an order for her return to her country of origin. … Continue reading Regina ex parte Blackwood v Secretary of State for The Home Department: Admn 21 Jan 2003

Regina v British Broadcasting Corporation ex parte Quintavelle (PPC for the Prolife Alliance): CA 20 Oct 1997

The applicant stood for Parliament, but the respondent had refused to show his party election broadcast on the grounds of its lack of taste and decency. He had sought to demonstrate the evils of abortion, and now renewed his application for leave to bring judicial review of the decision. Held: It was not arguable that … Continue reading Regina v British Broadcasting Corporation ex parte Quintavelle (PPC for the Prolife Alliance): CA 20 Oct 1997

Trustee of Property of Vickery (a Bankrupt) v Modern Security Systems Limited: CA 15 Oct 1997

A trustee in bankruptcy will be treated as the party if he has in fact adopted the proceedings by conducting the litigation, even if there has been no formal substitution Judges: Peter Gibson LJ, Ward LJ, Vinelott LJ Citations: [1997] EWCA Civ 2493, [1998] 1 BCLC 428, [1998] BPIR 164 Links: Bailii Jurisdiction: England and … Continue reading Trustee of Property of Vickery (a Bankrupt) v Modern Security Systems Limited: CA 15 Oct 1997

British Sugar Plc v NEI Power Projects Limited and Anr: CA 8 Oct 1997

The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be limited to the value of the contract. Held: The appeal failed. The cases had already settled the meaning … Continue reading British Sugar Plc v NEI Power Projects Limited and Anr: CA 8 Oct 1997

Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway. Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. … Continue reading Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

Electro Hydraulic Technology Limited v Husco International Inc and Husco International Limited: CA 3 Oct 1997

The parties were in dispute as to an agreement relating to the development and exploitation of an electronically controlled high-performance valve known as a Linear Motor Valve, for use in hydraulic suspension systems in the automotive industry. Judges: Kennedy, Potter, Mance LJJ Citations: [1998] 1 All ER 403, [1997] EWCA Civ 2409 Links: Bailii Jurisdiction: … Continue reading Electro Hydraulic Technology Limited v Husco International Inc and Husco International Limited: CA 3 Oct 1997

Abraham and Another v Thompson and Another: CA 24 Jul 1997

The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. Citations: [1997] EWCA Civ 2179 Jurisdiction: England and Wales Citing: Appeal from – Abraham and Another v Thompson and Others ChD 12-May-1997 The court may issue a stay of proceedings pending … Continue reading Abraham and Another v Thompson and Another: CA 24 Jul 1997

John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997

The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest. Held: the judge had indeed struck out the entire proceedings. The … Continue reading John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997

Oliver v Cox (T/a Focus Service Station): CA 24 Jul 1997

The claimant sought leave to appeal against the refusal of an award of special damages. The claim had mounted spectacularly, but he had failed to provide evidence as directed to support the claim. Held: Even at the time of the application, the claimant had still not complied with the order, but denied it: ‘the Judge … Continue reading Oliver v Cox (T/a Focus Service Station): CA 24 Jul 1997

Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997

Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had to share common uniting characteristic which set that group apart from rest of that society. … Continue reading Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997

H M Inspector of Taxes (Atwood) v Anduff Car Wash Limited: CA 17 Jul 1997

Capital allowances.The taxpayer operated automatic car wash sites. It claimed capital allowances for the entirety of a wash hall, housed within a building incorporating washing machinery and control equipment, and surrounded by tarmac areas used for circulation, queuing and parking. It said that the entire site, or entire wash hall, was a single item of … Continue reading H M Inspector of Taxes (Atwood) v Anduff Car Wash Limited: CA 17 Jul 1997

SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘trader’ – Natural person who owns an apartment in a condominium building – Different types of legal relations relating to the administration and … Continue reading SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Soda-Club (CO2) and Sodastream International (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Trade mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by the trade mark – Bottles containing carbon dioxide – Putting into circulation in a Member State by the proprietor of the trade mark – Activity … Continue reading Soda-Club (CO2) and Sodastream International (Judgment): ECJ 27 Oct 2022

Deme v Romania: ECHR 11 Oct 2022

ECHR Judgment : No Article 2 – Right to life : Fourth Section Citations: 7624/18, [2022] ECHR 815 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681666

Pimenova And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 24963/20, [2022] ECHR 883 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681725

ROI Land Investments (Judgment): ECJ 20 Oct 2022

Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction in matters of contracts concluded by consumers – Concept of ‘professional activity’ – Article 21 – Jurisdiction in matters of individual employment contracts … Continue reading ROI Land Investments (Judgment): ECJ 20 Oct 2022

Siremar v Commission (State Aid – Judgment): ECFI 26 Oct 2022

State aid – Maritime transport – Rescue aid – Decision declaring the aid illegal – Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to presentation of a restructuring or liquidation plan – Six-month period – Extension – Tax … Continue reading Siremar v Commission (State Aid – Judgment): ECFI 26 Oct 2022

UK Research and Innovation (Other): ICO 24 Jun 2019

The complainant has requested information about Sneddon Law Community Windfarm and Craigends Borehole from the British Geological Survey, which is a component part of UK Research and Innovation (UKRI). UKRI released some information and has withheld other information – Test Reports and correspondence – under regulation 12(5)(f) of the EIR (interests of person providing the … Continue reading UK Research and Innovation (Other): ICO 24 Jun 2019

Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public directories and telephone directory inquiry services – Consent of the subscriber – Obligations of the supplier directories and information services – Regulation (EU) 2016/679 – Article 17 – … Continue reading Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Moamer v Bulgaria: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 40124/19, [2022] ECHR 897 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681860

Kingdom of Spain v European Commission: ECFI 21 Nov 2012

ECFI Fisheries – Measures for the conservation of living aquatic resources – Article 105 of Regulation (EC) No 1224/2009 – Deductions from quotas allocated for a given year on account of overfishing in previous years – Temporal application – Legal certainty – Interpretation guaranteeing compliance with primary law – Principle that penalties must have a … Continue reading Kingdom of Spain v European Commission: ECFI 21 Nov 2012

European Commission, v Hellenic Republic: ECJ 8 Nov 2012

ECJ Failure of a Member State to fulfil obligations – Articles 43 EC and 56 EC – Scheme under which prior authorisation is required for the acquisition of voting rights representing 20% or more of the share capital in certain ‘strategic public limited companies’ – Arrangements for ex post control of certain decisions taken by … Continue reading European Commission, v Hellenic Republic: ECJ 8 Nov 2012

Confederation Europeenne De L’Industrie De La Chaussure v Ba.La. Di Lanciotti Vittorio and -c- Sas: ECJ 15 Nov 2012

ECJ Appeal – Dumping – Regulation (EC) No 1472/2006 – Imports of certain footwear with uppers of leather originating in China and Vietnam – Regulation (EC) No 384/96 – Article 2(7)(b) – Market economy treatment – Article 9(6) – Individual treatment – Article 17(3) – Sampling – Article 20(5) – Rights of the defence Judges: … Continue reading Confederation Europeenne De L’Industrie De La Chaussure v Ba.La. Di Lanciotti Vittorio and -c- Sas: ECJ 15 Nov 2012

Van Colle v The United Kingdom: ECHR 13 Nov 2012

Judges: Lech Garlicki, P Citations: 7678/09 – HEJUD, [2012] ECHR 1928, (2013) 56 EHRR 23 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in … Continue reading Van Colle v The United Kingdom: ECHR 13 Nov 2012

JE (Uganda) v Secretary of State for The Home Department: CA 14 Nov 2012

The short point raised by this appeal is whether an employer’s pension contributions form part of a person’s ‘earnings’ for the purpose of calculating whether he meets the requirements for leave to remain as a Tier 1 (General) Migrant under paragraph 245C of the Immigration Rules. Judges: Richards, Kitchin LJJ, Peter Smith J Citations: [2012] … Continue reading JE (Uganda) v Secretary of State for The Home Department: CA 14 Nov 2012

Nicholas, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2012

This case raises questions as to firstly, the extent of the dictates of fairness when First-tier Administrative Appeals Chamber Tribunals are dealing with litigants in person and second, whether any unfairness fulfills the criteria in Cart v Upper Tribunal Judges: Haddon-Cave J Citations: [2012] EWHC 2724 (Admin) Links: Bailii Litigation Practice Updated: 06 November 2022; … Continue reading Nicholas, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2012

Luke v Stoke-On-Trent City Council: CA 24 Jul 2007

The employee appealed against a decision rejecting her claim that the employer had made an unlawful deduction from her salary. Judges: Browne-Wilkinson J Citations: [2007] EWCA Civ 761, [2007] IRLR 777, [2007] ICR 167 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Cited – Jones v Associated Tunnelling Co Ltd … Continue reading Luke v Stoke-On-Trent City Council: CA 24 Jul 2007

Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997

The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party … Continue reading Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997

Regina v Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson: CA 11 Jul 1997

Where an asylum seeker was seeking to escape from persecution in one area of his home country, the court must ask if an escape to a safe area in his country of origin is available and appropriate. A failure of the country to which an asylum seeker would be returned to provide for the basic … Continue reading Regina v Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson: CA 11 Jul 1997

Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

Southend-On-Sea Borough Council (Local Government): ICO 24 Aug 2021

The complainant has requested information with regards to an allotment society. Southend-on-Sea Borough Council (the council) responded to part of the request, but refused to provide the names of the committee members of the allotment society under section 40(2) of the FOIA as it considered it to be third party personal data. The Commissioner’s decision … Continue reading Southend-On-Sea Borough Council (Local Government): ICO 24 Aug 2021

Pidgurskiy v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 53624/18, [2022] ECHR 867 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681724

Sanneh and Others v Secretary of State for Work and Pensions: CA 10 Feb 2015

The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens lawfully resident here. Currently, Zambrano carers who are in need and unable to work receive benefits … Continue reading Sanneh and Others v Secretary of State for Work and Pensions: CA 10 Feb 2015

BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012

The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of time, the limitation period being 2 years from the infringement decision. The … Continue reading BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012

Bhavyesh and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2012

Rolled up hearing for permission and, if permission be granted, the substantive hearing of a challenge to an amendment made in November 2010 to the Immigration Rules laid before Parliament by the respondent, Secretary of State. In essence, these claimants challenge those parts of the rules that require a person seeking entry clearance to join … Continue reading Bhavyesh and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2012

European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012

ECJ Failure of a Member State to fulfil obligations – Citizenship of the Union – Right to move and reside freely – Articles 20 TFEU and 21 TFEU – Discrimination on grounds of nationality – Article 18 TFEU – Directive 2004/38/EC – Article 24 – Derogation – Scope – Member State in which reduced fares … Continue reading European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012

Hristo Byankov v Glaven Sekretar Na Ministerstvo Na Vatreshnite Raboti: ECJ 4 Oct 2012

ECJ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person – Principle of legal certainty … Continue reading Hristo Byankov v Glaven Sekretar Na Ministerstvo Na Vatreshnite Raboti: ECJ 4 Oct 2012

Swiss Confederation v Commission: ECJ 13 Sep 2012

ECJ Opinion – Appeal – Actions for annulment – Swiss Confederation – Admissibility – Locus standi – Examination of the Court’s own motion – EC-Switzerland Agreement on Air Transport – Objectives of the agreement – Exchange of traffic rights – Regulation (EEC) No 2408/92 – Access of Community air carriers to intra-Community air routes – … Continue reading Swiss Confederation v Commission: ECJ 13 Sep 2012

Gabor Toth v Nemzeti Ado-Es Vamhivatal Eszak-Magyarorszagi Regionalis Ado Foigazgatosaga: ECJ 6 Sep 2012

ECJ Taxation – VAT – Directive 2006/112/EC – Article 9 – Meaning of taxable person – Right to deduct – Refusal – Principle of tax neutrality – Issuer of the invoice removed from the business register – Issuer of the invoice having failed to declare his employees to the tax authority – Obligation of the … Continue reading Gabor Toth v Nemzeti Ado-Es Vamhivatal Eszak-Magyarorszagi Regionalis Ado Foigazgatosaga: ECJ 6 Sep 2012

Frucona Kosice AS v European Commission: ECJ 6 Sep 2012

ECJ Opinion – Appeals – Competition – State aid – Article 87(1) EC – Concept of State aid – Test of a private creditor in a market economy – Partial remission of a tax debt in the context of an arrangement procedure – Assessment of the advantages and disadvantages of an arrangement procedure and a … Continue reading Frucona Kosice AS v European Commission: ECJ 6 Sep 2012

Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012

ECJ Reference for a preliminary ruling – Approximation of laws – Public health – Consumer information and protection – Labelling and presentation of foodstuffs – Concepts of ‘nutrition claims’ and ‘health claims’ – Regulation (EC) No 1924/2006 – Description of a wine as ‘easily digestible’ – Reference to reduced acidity levels – Beverages containing more … Continue reading Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012

East Dunbartonshire Council v Trade Union Backed Claimants and Another: EAT 24 Jun 2010

EAT EQUAL PAY ACT – Article 141/European lawPRACTICE AND PROCEDURE – AmendmentEmployment Tribunal granted Claimants’ applications to amend their equal pay claims to add new comparators to their existing lists. Two of the Claimants having left the Respondent’s employment more than six months prior to their claims being amended, time bar would have prevented them … Continue reading East Dunbartonshire Council v Trade Union Backed Claimants and Another: EAT 24 Jun 2010

Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003

The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003

Regina v Human Fertilisation and Embryology Authority ex parte DB: CA 6 Feb 1997

At the applicant’s request samples of sperm were taken from her husband hours prior to his death, when he was in a coma. Held: Sperm cannot lawfully be taken from a comatose man in order later to allow his surviving wife to be artificially inseminated. There was no written permission as required by the Act. … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: CA 6 Feb 1997

13-20 Embankment Gardens Ltd v Coote: CA 24 Jan 1997

The applicant appealed an order for the removal of a land charge. As tenant of a flat, he had fallen into dispute with the management company. Proceedings were under way for the lease to be forfeited, and in the meantime his lender obtained a possession order. He intended to claim damages for failure to repair, … Continue reading 13-20 Embankment Gardens Ltd v Coote: CA 24 Jan 1997

Orszagos Idegenrendeszeti Foigazgatosag Del-Alfoldi Regionalis Igazgatosag (Opinion): ECJ 23 Apr 2020

Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Orszagos Idegenrendeszeti Foigazgatosag Del-Alfoldi Regionalis Igazgatosag (Opinion): ECJ 23 Apr 2020

Yoslun v Turkey: ECHR 10 Feb 2015

The applicant complained in particular of a violation of Articles 6 and 10 of the Convention. Judges: Andras Sajo, P Citations: 2336/05 – Chamber Judgment, [2015] ECHR 149 Links: Bailii Statutes: European Convention on Human Rights 6 10 Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.542462

Stefanetti And Others v Italy: ECHR 15 Apr 2014

Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014

Innovation First v OHIM (Nano): ECFI 10 Feb 2015

ECJ Judgment – Community trade mark – Application for Community word mark NANO – Right to be heard – Obligation to state reasons – Examination of the facts of the Office’s own motion – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 Judges: H. Kanninen, P Citations: T-379/13, [2015] … Continue reading Innovation First v OHIM (Nano): ECFI 10 Feb 2015

Infocit v OHMI – Din (Dinkool): ECFI 10 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark DINKOOL – Earlier international figurative mark DIN – Earlier national business identifier DIN – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009 Citations: T-85/14, [2015] EUECJ T-85/14, ECLI:EU:T:2015:82 Links: … Continue reading Infocit v OHMI – Din (Dinkool): ECFI 10 Feb 2015

Kudryashov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 41244/19, [2022] ECHR 875 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681693

Foreign, Commonwealth and Development Office (Central Government): ICO 24 Aug 2021

The complainant submitted an information request to the British Indian Ocean Territory (BIOT) Administrator, who stated that BIOT was not a public authority under the EIR. The complainant maintained that the BIOT Administrator was acting on behalf of the Foreign, Commonwealth and Development Office (the FCDO). The Commissioner’s decision is that the BIOT Administrator is … Continue reading Foreign, Commonwealth and Development Office (Central Government): ICO 24 Aug 2021

Department of Health (NI) (Central Government): ICO 9 Sep 2021

The complainant requested evidence, provided by the Department of Health Northern Ireland (DoH), about the wearing of face coverings on public transport. The Commissioner’s decision is that the DoH failed to issue a response to the request that complies with the requirements of section 1(1) of FOIA. In addition, the DoH breached section 10(1) of … Continue reading Department of Health (NI) (Central Government): ICO 9 Sep 2021

The Topps Company v EUIPO – Bilkiewicz (Forme D’Un Biberon): ECFI 26 Oct 2022

EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a baby’s bottle – Genuine use of the mark – Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use of the mark – Form differing in elements which do not … Continue reading The Topps Company v EUIPO – Bilkiewicz (Forme D’Un Biberon): ECFI 26 Oct 2022

JS v CRU (Judgment) T-271/20: ECFI 19 Oct 2022

Civil service – Members of the temporary staff – Time limit for complaints – Admissibility – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Rejection of the request – Absence of prima facie evidence – Duty to have regard for the welfare … Continue reading JS v CRU (Judgment) T-271/20: ECFI 19 Oct 2022

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

R And H v The United Kingdom: ECHR 31 May 2011

The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld. Held: For parental consent to be overriden there had to be shown an overriding need for the decision. Judges: Lech Garlicki P Citations: [2011] ECHR 844, (2012) 54 EHRR 2, [2011] Fam Law 924, [2011] 2 FLR 1236, Links: … Continue reading R And H v The United Kingdom: ECHR 31 May 2011

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Parexel International Ltd v Adnett: EAT 24 Jul 2012

EAT PRACTICE AND PROCEDURE – Case managementThe Employment Tribunal had refused a request for an adjournment but given inadequate reasons for doing so.The Employment Appeal Tribunal allowed the appeal and set aside the decision of the Employment Tribunal but in view of the imminence of the scheduled hearing went ahead and decided the application itself. … Continue reading Parexel International Ltd v Adnett: EAT 24 Jul 2012

Sc Volksbank Romania: ECJ 12 Jul 2012

ECJ Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Articles 22, 24 and 30 – National legislation designed to transpose that directive – Applicability to agreements not included in the material and temporal scope of the directive – Obligations not provided for by the directive – Limitation on the bank charges capable … Continue reading Sc Volksbank Romania: ECJ 12 Jul 2012

Rivella International v OHMI – Baskaya Di Baskaya Alim (Baskaya): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark BASKAYA – Earlier international figurative mark Passaia – Proof of genuine use of the earlier mark – Relevant territory – Article 42(2) and (3) of Regulation (EC) No 207/2009 Judges: H. Kanninen, P Citations: T-170/11, [2012] EUECJ T-170/11 Links: Bailii Statutes: … Continue reading Rivella International v OHMI – Baskaya Di Baskaya Alim (Baskaya): ECFI 12 Jul 2012

Smurfit Kappa Group v Commission (State Aid): ECFI 10 Jul 2012

ECFI State aid – Corrugated case materials – Aid for the construction of a paper mill – Guidelines on national regional aid – Decision declaring the aid compatible with the common market – Admissibility – Validity of the authority conferred by a legal person on its lawyers – Adoption of a decision upon conclusion of … Continue reading Smurfit Kappa Group v Commission (State Aid): ECFI 10 Jul 2012

Pharmazeutische Fabrik Evers v Ohmi – Ozone Laboratories Pharma (Hypochol): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for Community word mark HYPOCHOL – Earlier national figurative mark HITRECHOL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 Citations: T-517/10, [2012] EUECJ T-517/10 Links: Bailii Statutes: Regulation No 207/2009 8(1)(b) European, Intellectual Property Updated: 04 November … Continue reading Pharmazeutische Fabrik Evers v Ohmi – Ozone Laboratories Pharma (Hypochol): ECFI 12 Jul 2012

Commission v Nanopoulos: ECFI 12 Jul 2012

ECFI Appeal – Civil service – Officials – Duty to provide assistance – Article 24 of the Statute – Non-contractual liability – Articles 90 and 91 of the Staff – Presentation of the claim for compensation within a reasonable time – Response time – opens disciplinary proceedings – criterion requiring a ‘sufficiently serious breach’ – … Continue reading Commission v Nanopoulos: ECFI 12 Jul 2012

KA (Afghanistan) and Others v Secretary of State for The Home Department: CA 25 Jul 2012

Child asylum applicants will be treated as young people and their whole history will be considered. Judges: Maurice Kay VP CA, Hooper, Moore-Bick LJJ Citations: [2012] EWCA Civ 1014, [2012] WLR(D) 230, [2013] 1 WLR 615, [2013] INLR 149, [2012] Imm AR 1054 Links: Bailii, WLRD Jurisdiction: England and Wales Cited by: See Also – … Continue reading KA (Afghanistan) and Others v Secretary of State for The Home Department: CA 25 Jul 2012

K v The School and the Special Needs and Disability Tribunal: CA 6 Mar 2007

The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating. Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped to deal with them. The school head concluded that it could not sustain the placement out … Continue reading K v The School and the Special Needs and Disability Tribunal: CA 6 Mar 2007

Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003

The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the … Continue reading Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003

Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The … Continue reading Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996

The plaintiffs claimed damages for patent infringement. Some of the lost profits for which the plaintiff company claimed damages were suffered by subsidiary companies in which it held all the shares. Held: When a shareholder has a cause of action but his company has none, he can recover damages measured by the reduction in value … Continue reading Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996

Quijano v Secretary of State for Home Department: CA 18 Dec 1996

The appellant asylum seeker claimed to have been persecuted as a member of his stepfather’s family, and thus of a particular social group, because members of a drug cartel had first persecuted the stepfather after he refused to co-operate with them and then also had made attacks on the appellant and other members of the … Continue reading Quijano v Secretary of State for Home Department: CA 18 Dec 1996

Regina v Secretary of State for Home Department ex parte Rahman: CA 11 Dec 1996

Hearsay evidence is admissible when considering whether an applicant is an illegal entrant. Citations: Times 24-Dec-1996, Gazette 29-Jan-1997, [1996] EWCA Civ 1183 Statutes: Immigration Act 1971 Sch 2 Jurisdiction: England and Wales Citing: Appeal from – In Re Saidur Rahman QBD 18-Jul-1996 A court hearing a deportation review should see all the evidence, including hearsay … Continue reading Regina v Secretary of State for Home Department ex parte Rahman: CA 11 Dec 1996

Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff conceded in evidence that he was a persistent womaniser, but denied procuring prostitutes, though a tape of a conversation with a … Continue reading Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

Alipour v Ary and Schweininger: CA 17 Dec 1996

The petitioner appealed against rejection of his contributor’s winding up petition. Held: The Companies court was the appropriate place to determine a dispute on winding up petition. A dispute on locus standi can be dealt with in the winding-up proceedings without necessitating a stay of the petition, provided that the petition is not likely to … Continue reading Alipour v Ary and Schweininger: CA 17 Dec 1996

Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim (Whistleblowing, Protected Disclosures): EAT 4 Feb 2020

The claimant was hired in March 2007 under a contract which provided that she was responsible for paying her income tax. Between March 2007 and July 2014, she did not pay tax. The respondent was unaware of this until 2014. There was then a dispute as to whether the claimant was employed or self-employed, and … Continue reading Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim (Whistleblowing, Protected Disclosures): EAT 4 Feb 2020