SC Kymab alleged that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The patents were concerned with biotechnology, and in particular the production of human antibodies using transgenic mice. By the priority date, the potential uses … Continue reading Regeneron Pharmaceuticals Inc v Kymab Ltd: SC 24 Jun 2020
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials. Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, … Continue reading Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010
The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice basis. Held: The evidence was not admissible. There was no additional class of situation where without prejudice … Continue reading Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010
The claimant, based in Cypress, appealed against refusal of an anti-suit injunction. It had contracted with the state-owned Tunisian company defendant under a contract applying English law, and providing for arbitration of disputes. The defendant had wanted to proceed for a declaration in the Tunisian courts that the arbitration clause was void or inapplicable. Held: … Continue reading Midgulf International Ltd v Groupe Chimique Tunisien: CA 10 Feb 2010
The employees appealed against dismissal of their claims of sex discrimination, saying that the employer’s explanation of the pay differential was not adequate. Held: The appeal succeeded. The tribunal had failed to distinguish between what was given namely an account and explanation of the differences, and a non-discriminatory reason for the differences whuch had not … Continue reading Gibson and Others v Sheffield City Council: CA 10 Feb 2010
The matter had been settled by a consent order providing for costs on a standard basis, however the costs judge had decided that the matter would if it had proceeded, have been allocated to the small claims track, and therefore limited his costs award accordingly. Held: This was a consent order providing for costs to … Continue reading O’Beirne v Hudson: CA 9 Feb 2010
EAT PRACTICE AND PROCEDURE: Case management An appeal brought by the Claimant (a Muslim) against the ET’s refusal of his application to adjourn the hearing of his claims part-heard on the third day of the hearing. This was his third application to adjourn the hearing and the first application to raise, as a ground for … Continue reading Khan v Vignette Europe Ltd: EAT 14 Jan 2010
Citations: [2002] UKIAT 06698 Jurisdiction: England and Wales Citing: Cited – Advia / Advic v United Kingdom ECHR 6-Sep-1995 (Commission) In the ordinary course of events the fact that there are siblings in the same jurisdiction as an applicant does not establish a family life per se. There must be some genuine connection between siblings … Continue reading Salad: IAT 2002
A claim was brought for the infringement of a patent. It was brought after the specification had been published, but before the patent had been sealed. Held: Time might run from a date before the plaintiff was entitled to sue. The cause of action for infringement accrued at the date of the infringement even if … Continue reading Sevcon Ltd v Lucas CAV Ltd: HL 1986
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property. Held: The appeal failed. ‘Housing-related’ meant ‘directly or indirectly relating to or affecting the housing management functions of a relevant landlord’. The defendant was a former council tenant, his … Continue reading Swindon Borough Council v Redpath: CA 11 Sep 2009
Judges: Munby LJ Citations: [2010] EWHC 205 (Fam) Links: Bailii Statutes: Administration of Justice Act 1960 812(1)(a) Jurisdiction: England and Wales Citing: Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004 Inherent High Court power may restrain PublicityThe claimant child’s mother was to be tried for the murder of his brother … Continue reading Doctor A and Others v Ward and Another: FD 9 Feb 2010
FTTTx VAT -zero rating – Article 148(d) of the Principal VAT Directive – services which meet the direct needs of vessels used for rescue or assistance at sea -meaning of ‘direct needs’- whether alterations or repair and maintenance services for lifeboat stations and other equipment meet the direct needs of lifeboats. Citations: [2009] UKFTT 39 … Continue reading Royal National Lifeboat Institution v Her Majesty’s Revenue and Customs: FTTTx 7 Apr 2009
The complainant has requested information about a closed file. The National Archives (TNA) refused to disclose the information citing the exemption in section 41(1) of the FOIA – information provided in confidence. The Information Commissioner’s decision is that TNA has correctly applied section 41(1) to the majority of the withheld information. The Commissioner requires the … Continue reading National Archives (Central Government) FS50796980: ICO 10 Jun 2019
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
The court confirmed that the necessity to give business efficacy to a contract was still required for the implication of a term into a contract. Judges: Lord Clerke of Stone-cum-Ebony MR, Rix, Carnwath LLJ Citations: [2009] EWCA Civ 531, [2009] 2 Lloyd’s Rep 639, [2009] 1 CLC 909, [2010] 1 All ER (Comm) 1 Links: … Continue reading Mediterranean Salvage and Towage Ltd v Seamar Trading and Commerce Inc (‘The Reborn’): CA 10 Jun 2009
VDT Value Added Tax – matter to be determined as preliminary issue – failure of taxable person to register – assessment for final return period of 34 months – whether illegal as contrary to Article 252 Principal VAT Directive – Commissioners’ powers to require return for period exceeding 12 months under Article 273 Principal VAT … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: VDT 12 Feb 2009
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005
The word ‘detention’ implies that a person was in some way kept in confinement or under restraint. Citations: 1995 SLT 139 Jurisdiction: Scotland Cited by: Cited – McDonald v Procurator Fiscal, Elgin HCJ 20-Mar-2003 The defendant had been granted bail subject to conditions including a requirement that he must not leave his house for more … Continue reading Brawls v Walkinshaw: 1995
The defendant appealed his conviction for having sexual relations with a child under 16 saying that the legislation denied his right of consideration that he genuinely believed that she was 16 years old. Held: The court rejected the appellant’s submission that the prohibition on raising the reasonable belief defence created a presumption of guilt and … Continue reading AB v Her Majesty’s Advocate: HCJ 26 Feb 2016
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002
The claimants had alleged that smells from a composting site near their homes constituted a private nuisance. Following the discharge of an interim injunction, Judge Seymour ordered the claimants to pay the costs of the injunction proceedings. The claimants appealed against the costs order on the ground that this imposed upon them prohibitive expense, contrary … Continue reading Morgan and Another v Hinton Organics (Wessex) Ltd: CA 2 Mar 2009
The defendant state sought to prevent the company enforcing a judgment entered against it in the USA. Held: Where the judgment was properly obtained, a claim of sovereign immunity would not operate to allow avoidance of an enforcement of the judgement. The requirements of section 3(1) had been met, and the defendant’s application to set … Continue reading NML Capital Ltd v The Republic of Argentina: ComC 29 Jan 2009
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
The claimant, a celebrity sought to restrain publication by the defendant of information about his sex life, consisting of pictures of him in a brothel. The court considered the test for the grant of an injunction to restrain publication under the 1998 Act. Held: The court could not see how the approach required by section … Continue reading Theakston v MGN Ltd: QBD 14 Feb 2002
EXEMPTION – Article 13A(1)(n) of the Sixth Directive and the Value Added Tax (Cultural Services) Order 1996 – whether unjust enrichment – no – whether 3-year cap applies – no Citations: [2006] UKVAT V19485 Links: Bailii Jurisdiction: England and Wales VAT Updated: 18 July 2022; Ref: scu.239026
Trial of three preliminary issues in this libel action brought by the Claimant barrister against the Defendant publisher of The Times newspaper and its associated website in respect of an article published on 15 August 2018. The issues are (i) the true meaning of the article; (ii) whether the article in its true meaning is … Continue reading Morgan v Times Newspapers Ltd: QBD 2 Jul 2019
AIT Article 5 of the Citizens Directive (Council Directive 2004/38/EC) does not confer an unqualified right of pre-entry, entry or residence on family members of a Union citizen exercising Treaty rights. Family members are required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. As explained … Continue reading KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008
IAT (1) In deciding whether an international or internal armed conflict exists for the purposes of paragraph 339C of the Immigration Rules and the Qualification Directive (but not for any wider purpose outwith the jurisdiction of the Tribunal), the Tribunal will pay particular regard to the definitions to be found in the judgments of international … Continue reading HH and others (Mogadishu: Armed Conflict: Risk) Somalia CG: IAT 28 Jan 2008
The Claimant requested summary judgment on the fair comment defence to his defamation claim which was pleaded by the Defendant: ‘the Claimant’s conduct in relation to the false claims and criticisms has contributed in large part to a madness which has let perhaps hundreds of thousands of people die unnecessarily.’ Held: The court reviewed the … Continue reading Rath v Guardian News and Media Ltd and Another: QBD 5 Mar 2008
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry. Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain whether giving evidence would give rise to a materially increased risk to life. Having found that it did not, it did … Continue reading In re Officer L: HL 31 Jul 2007
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010
No unnecessary Anonymity The appellant, having been acquitted of misconduct, complained of the anonymisation of various parties by the SDT. Held: The court was critical of the approach taken by the Tribunal. ‘I see no good reason why Ms Pearson, Ms Stone, Mr Ewing and Mr Blakemore, should have been anonymised by the tribunal. They … Continue reading Lu v Solicitors Regulation Authority: Admn 6 Jul 2022
The defendant appealed against two convictions under the 1988 Act for possession of a bladed article in a public place. She said that whilst riding in a taxi, she had been sexually assaulted. She later collected the knives and went off to find the taxi driver. She had been drinking. She complained of the judge’s … Continue reading Clancy, Regina v: CACD 18 Jan 2012
IAT Merely being a Palestinian Arab in the Occupied Territories , even if male aged between 16-35 from the northern part of the West Bank, does not mean that a person would face on return a real risk of persecution, serious harm under paragraph 339C of the amended Immigration Rules or ill-treatment contrary to Article … Continue reading Ma (Palestinian Arabs, Occupied Territories, Risk) Palestinian Territories CG: IAT 20 Feb 2007
The rules do not limit the inherent jurisdiction of the court to make requests to foreign courts to ensure the production of documents from abroad. There is no logical reason why the principles by reference to which the court determines whether, and if so to what extent, to require a person who is not a … Continue reading Panayiotou and Others v Sony Music Entertainment (UK) Ltd: ChD 21 Jul 1993
The parties had for several years been involved in litigation and arbitration. Apollo’s funds had run out and a director sought permission to represent the company before the court. He had asked the court to make an order under article 6 of the European Convention on Human Rights which would allow him to represent the … Continue reading Apollo Engineering Ltd (In Liquidation) v James Scott Ltd: SCS 18 Jan 2012
Application for judicial review of arbitration Judges: Lord Kingarth, Lord Eassie, Lord Carloway Citations: [2009] ScotCS CSIH – 39, [2009] CSIH 39 Links: Bailii Jurisdiction: Scotland Citing: See Also – James Scott Limited v Apollo Engineering Limited and others SCS 24-Jan-2000 . . See Also – Apollo Engineering Ltd v James Scott Ltd SCS 7-Mar-2008 … Continue reading Apollo Engineering Ltd v James Scott Ltd: SCS 21 May 2009
Outer House – Court of Session Judges: Lord Malcolm Citations: [2008] ScotCS CSOH – 39, [2008] CSOH 39 Links: Bailii Jurisdiction: Scotland Citing: See Also – James Scott Limited v Apollo Engineering Limited and others SCS 24-Jan-2000 . . Cited by: See Also – Apollo Engineering Ltd v James Scott Ltd SCS 21-May-2009 Application for … Continue reading Apollo Engineering Ltd v James Scott Ltd: SCS 7 Mar 2008
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights. Held: … Continue reading Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007
IAT 1. The fact that conditions in a country are unstable or fluid does not necessarily mean the AIT will avoid producing country guidance decisions relating to risk categories in that country. 2. Generally speaking and given recent developments, it would only be in the exceptional case that an appellant could show a continuing risk … Continue reading KG (Review of Current Situation) Nepal CG: IAT 31 Oct 2006
Acts carried out before the start of enquiry which was intended to interfere with that enquiry may still pervert cause of justice. Here a body or weapon had been hidden in order to impede the inquiry. Citations: Independent 23-Apr-1993, Gazette 16-Jun-1993, [1993] QB 843, [1993] 97 Cr App R 395 Jurisdiction: England and Wales Citing: … Continue reading Regina v Rafique and Others: CACD 23 Apr 1993
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in Sudan, now appealed an order that they provide security for costs, seeking to adduce additional evidence of their means. … Continue reading Al-Koronky and Another v Time-Life Entertainment Group Ltd and Another: CA 28 Jul 2006
VALUE ADDED TAX – provision of grant-funded education and training – meaning of ‘economic activity’ and of ‘business’ – ‘Lennartz’ treatment – lead case – Article 26(1) Principal VAT Directive Citations: [2018] UKFTT 479 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 07 July 2022; Ref: scu.632239
The appellant sought judicial review of the seizure by the respondents of computers found on its premises in the course of executing warrants under the Act, even though the computers might contain other matters not relevant to any investigation. Held: It had been impossible to make arrangements at the appellant’s home to copy the hard … Continue reading H, Regina (on the Application of) v Commissioners of Inland Revenue: Admn 23 Oct 2002
The claimants had variously been attending a demonstration in London, or passing through. The police detained them in a cordon for several hours. They sought damages. No unlawful acts were alleged against them. Held: There was no deprivation of liberty during the initial period when the cordon was not absolute and people were free to … Continue reading Austin and Another v The Commissioner of Police of the Metropolis: QBD 23 Mar 2005
SCIT CORPORATION TAX – deductions – charges on income – qualifying donations – distributions – articles of association of company provided that the holders of the A shares could by ordinary resolution require the company to make gifts to any charity – the A shares were transferred to a charitable foundation which resolved that the … Continue reading Noved Investment Co v Revenue and Customs: SCIT 23 Jan 2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine. Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence … Continue reading Regina v Makuwa: CACD 23 Feb 2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed. Held: There was no allegation of actual bias, only the risk of apparent bias. The judge should have stood down. The … Continue reading Morrison and Another v AWG Group Ltd and Another: CA 20 Jan 2006
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover. Held: Under modern law it could not be a requirement that a state of war had been formally declared. The force used against Iraq was used according to … Continue reading Amin v Brown: ChD 27 Jul 2005
The debtor claimed that he could not be served with an insolvency petition, being resident in Spain. Held: The court was to look to where was the centre of his main interests to determine whether to open insolvency proceedings. On that basis, the appeal by the trustee was allowed and the bankruptcy order was restored. … Continue reading Shierson v Vlieland-Boddy: CA 27 Jul 2005
The claimants sought by judicial review to challenge their separate sentences to life imprisonment for murder, saying that section 1 of the 1965 Act was incompatible wth their rights under articles 3 and 5 of the Convention. They argued that all life sentences fell into two parts, the penal element, meeting the requirements of retribution … Continue reading Regina v Lichniak; Regina v Pyrah: CACD 2 May 2001
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
A valuable cargo was stolen whilst being transported. Part of the journey was by road, and part by air. The carriers sought to limit their liability, because of the provisions of the Act and Convention. It was argued that that did not apply, because part of the journey had been by air, and part only … Continue reading Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed. Held: The coroner misdirected herself in respect of the threshold of risk test by allowing for ‘a reasonable chance’ of … Continue reading Bennett v Officers A and B and Commissioner of Police for the Metropolis: CA 2 Nov 2004
Arden J considered a submission that there could be no breach of duty by the directors unless the substantial purpose of their acts was to discriminate improperly against a group of shareholders. In rejecting that submission she commented as follows:- ‘The difficulty with this analysis is that directors could commit a breach of duty if … Continue reading Re BSB Holdings Ltd (No 2): ChD 1996
The complainant has requested the minutes from the meeting that Tim Boyes had with Ministers in 2010 as specified in the following BBC article: http://www.bbc.co.uk/news/uk-27476643 . The DfE refused to provide the requested information under section 36(2)(b)(i) and (ii), section 36(2)(c) and section 40(2) FOIA. The Commissioner’s decision is that the DfE has correctly applied … Continue reading Department for Education (Central Government): ICO 10 Feb 2015
The court considered the compatibility of section 41 with the suspect’s article 5 Human Rights insofar as it failed to provide a mechanism for a suspect to challenge his detention and be released on conditions of bail. Held: No arguable case had been made out. Judges: Collins J Citations: [2008] EWHC 2146 (Admin) Links: Bailii … Continue reading I, Regina (On the Application of) v City of Westminster Magistrates’ Court and Another: Admn 28 Aug 2008
The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was sustained within the jurisdiction or (c) the … Continue reading Metall and Rostoff v Donaldson Inc: CA 1990
Customs duty – inward processing relief – failure to respect time limits for re-export – whether ‘obvious negligence’ or ‘special situation’ – whether representative ‘direct’ or ‘indirect’ – import entry format – Customs Code – Articles 4, 5, 59, 64, 118, 204 and 239 of Regulation 2913/92 and Articles 199, 200, 205, 222-224, 859, 860, … Continue reading Loudwater Trade and Finance Ltd v Revenue and Customs: FTTTx 10 Jan 2012
A dwellinghouse had exploded, killing the occupants. The defendant was to be tried for alleged breaches of the 1974 Act in the gas supoplies to the house. The appellant complained that a jury trial would be an infringement of its rights, since a jury asked to sit for three to six months would be prejudiced … Continue reading Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004
Vat on import – application for simplified imports vat accounting – whether refusal reasonable – yes – VATA 1994, section 16 (1), article 225 of council regulation 2913/92/eec, and regulation 121b of the vat regulations 1995 as amended – appeal refused Citations: [2014] UKFTT 339 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 17 … Continue reading Excip Ltd v Revenue and Customs: FTTTx 10 Apr 2014
Appeal from conviction for carrying bladed article – judge ruling that not a good reason that he anticipated being attacked again by a particular person. Held: The appeal succeeded: ‘from the authorities already referred to, it could amount to a ‘good reason’ under section 139(4) if the appellant was carrying the knife for his own … Continue reading Mcauley, Regina v: CACD 8 Oct 2009
The court was concerned with conflicts between different jurisdictions dealing with related matters. Hirst LJ said: ‘Conflicting findings of fact, on the other hand, are virtually impossible to reconcile if different judges in different jurisdictions within the EEC, hearing and seeing different witnesses, reach different conclusions which have hinged on an assessment of the reliability … Continue reading Gascoigne v Pyrah: CA 26 Nov 1991
The Commissioners had found what they considered to be an excess of dutiable goods brought into the country by the tax payer, and had forfeited the car. The court considered the effect of the Gora case. Held: The difficult statements in Gora were obiter. In a case where the deeming provisions under paragraph 5 are … Continue reading Gascoyne v Customs and Excise and Another: CA 28 Jul 2004
SCIT INCOME TAX – Appeal against a refusal of an ‘error or mistake’ claim: s.33 TMA 1970 – claim for exemption from UK income tax on emoluments received by reason of employment as member of the service staff of a diplomatic mission: article 37(3) of the Vienna Convention on Diplomatic Relations, 1961, having the force … Continue reading Jimenez v Inland Revenue: SCIT 23 Jun 2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004
The claimants were due to have substantial sums repaid after it had been found that the system of making premature reclaims of advance corporation tax had been was discriminatory under European Law. Held: The sums payable were to carry interest calculated on a compound interest basis. Judges: Park J Citations: Times 25-Jun-2004, [2004] EWHC 2387 … Continue reading Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another: ChD 16 Jun 2004
There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York. Held: Slade LJ said: ‘The judge’s approach to the limitation point was further criticised by the defendants’ counsel on the grounds that, following the guidance … Continue reading Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990
The MOD (the Appellants) contend that the Employment Tribunal erred in law in holding, in a Decision promulgated on 17 September 2002 after a preliminary hearing, that they had not established a ‘material factor’ defence to the Respondents’ claims for equal pay, pursuant to the provisions of the Equal Pay Act 1970 and Article 141 … Continue reading Ministry of Defence v Armstrong and Another: EAT 7 Apr 2004
The deceased committed suicide in prison. Her family sought to have added to the verdict the words ‘contributed by neglect’ and complained that the inquest had not provided a full and proper investigation of the death. Held: The Act needed to be read in its broader meaning to be compliant with the 1998 Act. ‘The … Continue reading Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire: HL 11 Mar 2004
The case was, that Bushel and other jurors in London (for the trial of a traverse on an indictment against several persons for conventicling against the form of the statute lately made) were fin’d and imprisoned at the sessions in the Old Baily, because they gave their verdict against full evidence and the direction of … Continue reading Bushell’s case: 1670
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him. Held: The investigation by a separate police force satisfied the high requirement for investigations of allegations against law enforcement officers, and was human rights compliant. … Continue reading Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
CourtService In this case Mr MacInnes, who was the Second Defendant, was ordered to pay the costs of proceedings for possession brought by Mr Adams. Although the case commenced as a straightforward possession action it developed into a far more complex piece of litigation. The inter partes bill was brought in at andpound;194,139 after detailed … Continue reading Adams v MacInnes: SCCO 8 Nov 2001
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002
Damages were claimed by three mental health patients whose rights under Article 5(4) had been infringed because of inordinate delay in processing their claims to mental health review tribunals. Held: Article 5.5 did not make an award of damages mandatory. It was complied with provided that it was possible to make an application for compensation; … Continue reading KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002
The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act. Held: The defendant had made no decision (other than not to prosecute) and there … Continue reading Rusbridger and Another v Attorney General: CA 20 Mar 2002
The pursuer and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning signs. As a result, a car fell into the river, killing … Continue reading Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions on disputed facts, and reviewing its own decisions on those facts. It was not acting … Continue reading London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
The defendant appealed against a finding that he had concealed an emolument, namely accommodation. He said that, as a shadow director of the company within the extended meaning of that phrase under the Act, the deeming provisions under Income Tax law did not apply. The defendant argued that a shadow director could not be an … Continue reading Regina v Allen: HL 11 Oct 2001
The claimant sought damages alleging defamation. The judge ordered certain elements of the case to be heard first, and others, if necessary later. Although the case had been begun under the old rules, the new civil procedure regime gave the judge much wider powers of management, and defamation cases were notoriously expensive and lengthy and … Continue reading GKR Karate (UK) Limited v Porch, Yorkshire Post Newspaper, Holmes: QBD 17 Jan 2000