Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Effects of the mechanism established by Decision 2006/928 / EC on the life of the applicant – Appeal manifestly unfounded . .
Failure of State – Article 258 TFEU – Market in financial instruments – Delegated Directive (EU) 2017/593 – Lack of transposition and / or communication of transposition measures . .
EU trade mark – Opposition proceedings – Application for the EU word mark VROOM – Earlier national word mark POP and VROOM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 . .
ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the . .
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to be in possession of a work permit in that . .
European Union trade mark – Opposition proceedings – Application for an EU figurative trade mark discount-ap * theke.de – Earlier European Union word marks APODISCOUNTER and APO and earlier figurative marks apo-discounter.de, apo.co and apo.de – . .
Failure to fulfill obligations – Taxation – Value added tax (VAT) – Directive 2006/112 / EC – Articles 306 to 310 – Special arrangements for travel agencies – Application to all types of customers – National legislation excluding travel agency . .
Challenge to the lawfulness of the current policy of Her Majesty’s Passport Office to require those who apply for the issue of a passport to declare whether their gender is either male or female, and that a passport will only be issued bearing an . .
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
ECJ Reference for a preliminary ruling – Directive 92/43/EEC – Article 6(2) to (4) – Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out . .
Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Article 7(3) – Procedure for consolidating the internal market for electronic communications – Directive . .
Habitats Directive – Special areas of conservation – Site included on the list of sites of Community importance after a construction project was authorised within the site but before work began – Whether necessary to review the initial assessment of . .
ECJ Agriculture – Export refunds – Poultrymeat – the Regulations fixing the refunds – euro – Action for annulment – Regulatory act not involving implementing measures – Direct concern – Admissibility – Article 3, . .
ECJ Appeal – Civil service – Contract staff – Reports procedure – Career development report – 2010 appraisal procedure – Dismissal of the action at first instance – Time-limit for submission of the defence – . .
ECJ Community trade mark – Community figurative trade mark TRIPLE BONUS – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) and paragraph 2 of Regulation (EC) No 207/2009 . .
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: 68039/14, [2018] ECHR 497 Links: Bailii Ratio: ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Statutes: European Convention on Human Rights Jurisdiction: Human Rights Last Update: 22-Jun-18 Ref: 618006
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References: C-233/14, [2016] EUECJ C-233/14, ECLI:EU:C:2016:396 Links: Bailii Ratio: ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national … Continue reading Commission -V- Netherlands: ECJ 2 Jun 2016
References: [2005] 4 SLR 214, [2005] SGCA 38 Links: Commonlii Coram: Chao Hick Tin JA, Tay Yong Kwang J, Yong Pung How CJ (Supreme Court of Singapore – Court of Appeal) A taxpayer sought to recover from his accountant an administrative penalty under a statutory provision dealing with the innocent submission of an incorrect tax … Continue reading United Project Consultants Pte Ltd v Leong Kwok Onn; 16 Aug 2005
References: Times 15-Dec-2001, [2001] EWHC Admin 1085, [2001] EWCA Civ 2015, [2002] IRLR 297 Links: Bailii, Bailii Coram: Lord Justice Schiemann, Lord Justice Clarke, And, Mr. Justice Wall The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index … Continue reading Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities and Futures Authority Ltd: CA 21 Dec 2001
References: [2000] MHLR 183 Coram: Jackson J The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy. Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of … Continue reading Regina v Ashworth Special Hospital Trust, ex parte Munjaz; 10 Oct 2000
References: [2003] UKHL 67, Gazette 22-Jan-2004, [2004] STC 73 Links: House of Lords, Bailii Coram: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Walker of Gestingthorpe When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher … Continue reading Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003
References: [2012] EUECJ C-39/10, C-39/10 Links: Bailii Coram: J-C Bonichot, P ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident taxpayers This case cites: See Also – Commission -v- Estonia … Continue reading Commission v Estonia; ECH 10 May 2012
References: C-317/94, [1996] EUECJ C-317/94, [1996] STC 1387, [1996] CEC 1022, [1997] QB 499, [1997] BVC 80, [1996] ECR I-5339 Links: Bailii Where (a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the … Continue reading Elida Gibbs Ltd v Commissioners Of Customs And Excise.: ECJ 24 Oct 1996
References: C-427/06, [2008] EUECJ C-427/06_O, [2008] ECR I-7245, [2009] All ER (EC) 113, [2009] 1 CMLR 5, [2008] Pens LR 369 Links: Bailii Coram: Skouris P ECJ Scope of Community law – Legal effects of directives before the end of their transposition period – Horizontal application of general principles of Community law – Age discrimination … Continue reading Bartsch v Bosch und Siemens Hausgerate (BSH) Altersfursorge GmbH: ECJ 22 May 2008
References: [2007] EHCR 110, 30562/04 Links: Bailii Coram: J. Casadevall, P Decision as to admissibility – the applicants complained of the retention by police of DNA and fingerprint samples and records. Held: Admissible. This case cites: At Court of Appeal – Regina (on the application of S) -v- Chief Constable of South Yorkshire Police, Regina … Continue reading Marper -v United Kingdom; S v United Kingdom: ECHR 16 Jan 2007
References: [2008] ECHR 178, 30562/04 Links: Bailii Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are … Continue reading Marper -v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008
References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional court had also found that the interview had become gratuitously offensive. He challenged … Continue reading Gaunt, Regina (on The Application of) v The Office of Communications: CA 24 Jan 2011
Question as to the proper interpretation and effect of provisions of the Industrial Relations (Northern Ireland) Order 1992 (‘the 1992 Order’). The two questions posed by the deputy resident magistrate are as follows: ‘(1) Was I correct in holding, on the facts admitted, proved and found by me, that the Northern Ireland Hotels federation was … Continue reading Northern Ireland Certification Officer for Trade Unions and Employers Associations v Cunningham and others: CANI 10 Jan 2008
Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was … Continue reading O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007
A trader left counterfeit jewels with a factor who in turn arranged for an agent to sell them as genuine articles. The purchaser discovered the fraud, and had the agent arrested and had the money returned to him. Held: No action lay as between the agent and the original trader. Even though the agent was … Continue reading Southern v How: 1616
1. In a case where an individual asserts that his removal from the Returning State would violate his Article 3 ECHR rights because of the consequences to his health, the obligation on the authorities of a Returning State dealing with a health case is primarily one of examining the fears of an applicant as to … Continue reading AXB (Art 3 Health: Obligations; Suicide) Jamaica: UTIAC 15 Nov 2019
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008
Allegation f failure by the police to protect the claimant from a violent partner Judges: Pill, Sedley, Rimer LJJ Citations: [2008] EWCA Civ 39 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008 Police Obligations to Witnesses is Limited … Continue reading Smith v Chief Constable of Sussex Police: CA 5 Feb 2008
The plaintiff left his car with the defendant garage for repair. Whilst there it was substantially damaged by fire. The defendant sought to rely upon their terms which would negative liability, saying that the terms had been incorporated by implication through the course of dealings between the parties. Held: The appeal succeeded.Stamp LJ said: ‘the … Continue reading Hollier v Rambler Motors (AMC) Ltd: CA 19 Nov 1971
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The defendant said that he had been threatened in the street and had taken two knives from his attacker. He appealed his conviction saying that the Crown had not shown that he had intended to use the knives offensively. Held: His appeal failed. The 1953 Act applied to any object including items not in themselves … Continue reading Szewczyk, Regina v: CACD 22 Oct 2019
One director discovered that his co-director had withdrawn substantial sums from the company. Judges: Schiemann LJ, Potter Lj, Arden LJ Citations: [2003] EWCA Civ 810, [2004] 1 WLR 783, [2004] 1 WLR 783, [2004] BCC 27, [2003] OPLR 343, [2004] WTLR 629, [2003] WTLR 1413, [2003] Pens LR 179, [2003] 4 All ER 733, [2003] … Continue reading Clark v Cutland: CA 18 Jun 2003
The defendant was charged with endeavouring to seduce a member of Her Majesty’s forces from his duty or allegiance to Her Majesty. Held: A soldier owes allegiance to the Crown, whether he has taken the oath of allegiance or not. Citations: [1975] QB 678 Statutes: Incitement to Disaffection Act 1934 Jurisdiction: England and Wales Citing: … Continue reading Regina v Arrowsmith: 1975
The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal. Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be made before trial. Nor were the claimant’spleadings yet to the required standard. Judges: Sharp J … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 11 Apr 2013
UTIAC i) The exercise of the duty by the Entry Clearance Officer to assess an application under the Immigration Rules as to whether there are family or other considerations making the child’s exclusion undesirable inevitably involves an assessment of what the child’s welfare and best interests require.ii) Where an immigration decision engages Article 8 rights, … Continue reading Mundeba (S55 and Para 297(I) (F)) Democratic Republic of Congo: UTIAC 26 Feb 2013
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013
The defendant had been acquitted of offences relating to the damage of aircraft by reason of his insanity. The court now considered the making of an order under the 1977 Act after that acquittal. Held: The court set out the following principles: ‘Since the purpose of an order under section 5A is to protect a … Continue reading Smith v Regina: CACD 29 Nov 2012
Whether the actions of the appellant were carried out in ‘the exercise of his functions’ as a member of the Sri Lankan mission in London, and, accordingly, whether he has continuing functional immunity from prosecution, after departure from the United Kingdom, by virtue of article 39(2) of the Vienna Convention on Diplomatic Relations Judges: ir … Continue reading Fernando v Sathananthan: Admn 19 Mar 2021
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The defendant sought to have struck out the claim for defamation based on the defendant’s ‘Homes from Hell’ TV programme. Held: The pleaded meanings failed, and an application to amend the particulars was refused. The action was struck out.In the course of the case, the claimant a litigant in person had suggested a duty on … Continue reading O’Dwyer v ITV Plc: QBD 30 Nov 2012
UTIAC While there remain a number of active blood feuds in Albania, they are few and declining. There are a small number of deaths annually arising from those feuds and a small number of adults and children living in self-confinement for protection. Government programmes to educate self-confined children exist but very few children are involved … Continue reading EH (Blood Feuds) Albania CG: UTIAC 15 Oct 2012
Lord Denning said: ‘What is the proper function of an auditor? It is said that he is bound only to verify the sum, the arithmetical conclusion, by reference to the books and all necessary vouching material and oral explanations, and that it is no part of his function to inquire whether an article is covered … Continue reading Fomento (Sterling Area) Ltd v Selsdon Fountain Pen Co Ltd: 1958
The family were wealthy, and had lived for some time in Spain. On the breakdown of the marriage, the wife returned to the UK, and sought ancillary relief here, though the divorce had been in Spain. The husband argued that this should be dealt with by a Spanish court. Held: The court could not understand … Continue reading Moore v Moore: CA 20 Apr 2007
The claimants sought a declaration that section 39(4)(f) of the 2007 Act is incompatible with Article 8 of the European Convention on Human Rights. Section 39(4)(f) permits disclosure by the Board of personal information and sensitive personal information provided to it in the 2011 census where the disclosure ‘is made for the purposes of a … Continue reading Ali and Another, Regina (on The Application of) v Minister for The Cabinet Office The Statistics Board: Admn 13 Jul 2012
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003
Bequest, in trust for such objects of benevolence and liberality as the trustee in his own discretion shall most approve, cannot be supported as a charitable Legacy ; and is therefore a Trust for the next of kin.Ann Cracherade by her Will, dated the 16th of April 1801, and duly executed to pass real estate, … Continue reading Morice v The Bishop of Durham: CA 26 Mar 1804
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: ‘In exercising its practical judgment the Board is … Continue reading Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was negligently fired by the gun … Continue reading Mulcahy v Ministry of Defence: CA 21 Feb 1996
The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so retrospectively. Held: Despite the fact that the Claimant could not have … Continue reading Biggs v Somerset County Council: CA 29 Jan 1996
Whether, in restricting the statutory right of appeal against an adverse asylum decision to individuals given discretionary leave to remain in the United Kingdom for more than twelve months, section 83 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) is incompatible with European Union law, in particular the requirement for an effective … Continue reading S, Regina (on The Application of) v First-Tier Tribunal: Admn 4 Jul 2012
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
A cyclist stopped by the police had a knife in an inside pocket. He claimed to have taken it from home and then forgotten about it. He was advised that for the purposes of the section neither forgetfulness nor the fact that he was transporting the knife from one private property to another could amount … Continue reading Regina v Hargreaves: CACD 30 Jul 1999
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
Defendants (companies registered in Holland) denied that the UK court had jurisdiction to try the claim against them. Held: The consignors could not succeed, and the court set aside the proceedings against the sub-contractors. The ‘defendant’ who is the subject-matter of article 31.1 is any successive carrier who can be sued pursuant to article 36, … Continue reading British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others: ComC 23 Mar 2012
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020
The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral in London which they occupied as a protest. Held: The application for leave to appeal failed. The only possible ground for appeal was on the question of whether the protestors human right to free speech had been interrupted. … Continue reading The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others: CA 22 Feb 2012
The court was asked as to the valuation of shares. The shares were subject to restrictions on transfer. Held: The price which the shares would fetch if sold on the open market should reflect the terms on which the purchaser would be entitled to be registered. Holmes LJ said: ‘The Attorney-General and the defendants agree … Continue reading Attorney-General for Ireland v Jameson: CA 1905
UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
UTIAC (1) Where it applies, s. 85A of the Nationality, Immigration and Asylum Act 2002 precludes certain evidence from being relied on, in order to show compliance with the Immigration Rules.(2) ‘Fairness’ arguments concerning the application of the transitional provisions regarding s. 85A, in article 3 of the UK Borders Act 2007 (Commencement No. 7 … Continue reading Alam (S 85A; Commencement; Art.8) Bangladesh: UTIAC 19 Oct 2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
The defendant newspaper ran a story about investigations into several police officers at Stoke Newington police station, who had ultimately been cleared. The newspaper had pleaded a Lucas-Box meaning (2) that there were sufficient grounds for investigating the allegations against the claimants, and now wished to add a meaning (4) that the claimants had been … Continue reading Bennett v News Group Newspapers: 2002
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
UTIAC 1. In MS (Ivory Coast) [2007] EWCA Civ 133 it was accepted, following Ciliz v Netherlands (Application no. 29192/95) [2000] ECHR 365; [2000] FLR 469, that a decision to remove an applicant in the process of seeking a contact order may violate Article 8 ECHR, in particular on the basis that removal of a … Continue reading MH (Pending Family Proceedings- Discretionary Leave) Morocco: UTIAC 28 Sep 2010
Customs duty and import VAT – inward processing relief – failure to respect time limits for re-export – whether ‘obvious negligence’ or ‘special situation’ – correct customs debtor – entry details – Articles 59, 118, 204 and 239 of Regulation 2913/92 and Articles 199, 200, 205, 222-224, 859, 860, 899 and 905 of Regulation 2454/93 … Continue reading Bradgate Containers Ltd v Revenue and Customs: FTTTx 10 May 2011
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
VALUE ADDED TAX – taxpayer in liquidation as an education provider – no refund of course fees to students made – output VAT repayment claim pursued – Article 90 of the Principal VAT Directive – whether there was ‘a reduction in the taxable amount’ – Regulation 38 of the VAT Regulations 2005 – conditions set … Continue reading London School of Accountancy and Management Limited v Revenue and Customs: FTTTx 6 Aug 2022
Citations: [2011] ScotCS CSOH – 79 Links: Bailii Jurisdiction: Scotland Citing: See Also – Greens v The United Kingdom ECHR 23-Nov-2010 The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general … Continue reading Greens and Others, Re Application for Judicial Review: SCS 12 May 2011
The appellant challenged the imposition of a whole life term after his conviction for a serious, second, murder. Judges: Lord Judge LCJ, Simon, Blair JJ Citations: [2009] EWCA Crim 1399 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Bieber (Aka Coleman) v Regina CACD 23-Jul-2008 The Court considered whether a whole life sentence under … Continue reading Vinter, Regina v: CACD 25 Jun 2009
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The taxpayer licensed static caravans on seasonal pitches on its land. They claimed exemption from charging VAT on the basis that they were residential lettings exempt under European legislation. Held: The appeal failed. The legislation exempted the purchase of static caravans, but explicilty not ‘the supply of accomodation in a caravan or houseboat.’ There was … Continue reading Colaingrove Ltd v the Commissioners of Customs and Excise: CA 19 Feb 2004
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings. Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these competing principles where they become engaged, as in the case of the application of section 39. … Continue reading A Child v Cambridge University Hospitals NHS Foundation Trust: QBD 4 Mar 2011
LRA Dispute between local authorities as to the effect of Articles 6, 16, 19 and 39 of the Local Authorities (England) (Property etc) Order 1973 (1973 No.1861) Citations: [2009] EWLandRA 2007 – 1393 Links: Bailii Registered Land Updated: 02 September 2022; Ref: scu.429606
UTIAC Requiring a political activist to live away from his home area in order to avoid persecution at the hands of his political opponents has never been considered a proper application of the internal relocation principle: see e.g. Nolan J in R v Immigration Appeal Tribunal, ex p.Jonah [1985] Imm AR 7. And (since October … Continue reading SA (Political Activist- Internal Location) Pakistan: UTIAC 26 Jan 2011
The claimant sought damages in defamation saying that the defendant had said she had authorised publication of extracts from her book about her time working as housekeeper for the prime minister’s family before she had obtained proper authority for publication. Held: The court restated the application of the ‘bane and antidote principle’ of defamation law. … Continue reading Mark v Associated Newspapers Limited: CA 29 May 2002
Appeal against deportation order. He court was asked: ‘(1) Did the Secretary of State err in deciding to deport the appellant under the mandatory power conferred by section 32 of the 2007 Act? (2) Did the Upper Tribunal err in law in failing to find that the Secretary of State and First-tier Tribunal had erred … Continue reading Makhlouf, Re Application for Judicial Review: CANI 26 Nov 2014
The claimant sought damages in defamation against the defendant newspaper after articles regarding his expenses claims whilst an MP. Judges: Tugendhat J Citations: [2011] EWHC 1134 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Cook v Telegraph Media Group Ltd QBD 29-Mar-2011 The claimant, an MP, complained in defamation of the defendant’s … Continue reading Cook v Telegraph Media Group Ltd: QBD 9 May 2011
The defendant having successfully had the claimant’s defamation action struck out summarily, sought costs on an indemnity basis, saying that his conduct of the matter had substantially and unnecessarily increased the costs. Judges: Sharp J Citations: [2010] EWHC 1939 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Dee v Telegraph Media Group … Continue reading Dee v Telegraph Media Group Ltd: QBD 28 Jul 2010
Outer House – second supplementary opinion. The court considerd the part of the claim as to damages for negligent misrepresntation in a share purchase agreement. As a result of section 10, it was enough to found a claim for damages that the representation was negligent: there was no need to import into the relationship of … Continue reading BSA International v Irvine and Others: SCS 23 Jun 2010
Consideration of the true meaning and effect of Article 36(1) of what may be called the Waste Shipment Regulation: Regulation (EC) No 1013/2006 Citations: [2019] EWCA Crim 20 Links: Bailii Jurisdiction: England and Wales Crime, European Updated: 19 August 2022; Ref: scu.639304
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed arranging a meeting to carry out his plan, equipping … Continue reading Regina v Ramchurn: CACD 2 Feb 2010