Results: 93

• Orphanos v Queen Mary College

  01 Apr 1985 [1985] AC 761; [1985] 2 WLR 703; [1985] 2 All ER 233, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 20.
  DISCRIMINATION, RACE — Racial group — Non-EEC nationals

  EDUCATION — Students' fees — Overseas students
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  Case index catchwords

  DISCRIMINATION, RACE — Racial group — Non-EEC nationals — College charging higher fees for non-residents of EEC for reasons of economy — Whether policy “justifiable irrespective of … national origins” — Whether student able to recover overpayment of fees — Race Relations Act 1976, ss 1(1)(b), 17, 57(3), 72

  EDUCATION — Students' fees — Overseas students — Cypriot resident in England for education purposes only — Acceptance by college as overseas student not “ordinarily resident” in EEC — Subsequent court ruling that “ordinarily resident” includes residence for education purposes only — Whether student entitled to rebate of difference between overseas students' rate paid and home students' rate

  1 Words & Phrases considered
• Westwood v Secretary of State for Employment

  20 May 1982 [1982] ICR 534, EAT

  28 Jun 1983 [1985] AC 20; [1983] 3 WLR 730; [1983] ICR 820, CA

  15 Mar 1984 [1985] AC 20; [1984] 2 WLR 418; [1985] ICR 209; [1984] 1 All ER 874, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  EMPLOYMENT — Employer's insolvency — Debt due to employee
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  Case index catchwords

  EMPLOYMENT — Employer's insolvency — Debt due to employee — Dismissal without notice or payment in lieu — Employee receiving social security benefits — Whether Secretary of State entitled to deduct benefits from notice payment — Whether employee under duty to mitigate loss — Employment Protection (Consolidation) Act 1978, ss 49(1), 50(1), 51, 122(1)(3), Sch 3, paras 2, 7(1)

  7 Case(s) considered
• British Airways Board v Laker Airways Ltd (British Caledonian Airways Ltd v Laker Airways Ltd, Laker Airways Ltd, Ex parte, Laker Airways Ltd v Secretary of State for Trade and Industry, R v Secretary of State for Trade and Industry, Ex parte Laker Airways Ltd)

  27 Jul 1983 [1984] QB 142; [1983] 3 WLR 544; [1983] 3 All ER 375, CA

  10 Nov 1983 (pet all) [1985] AC 58; [1983] 1 WLR 1293; [1984] 3 WLR 413; [1984] 3 All ER 39, HL(E)

  Subsequent considerations : 4 positive; 2 neutral; 3 negative. Subsequent citations: 78.
  AIRCRAFT — International agreements — Bermuda Agreement between UK and US Governments

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings
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  Case index catchwords

  AIRCRAFT — International agreements — Bermuda Agreement between UK and US Governments — Antitrust action in United States between United Kingdom designated airlines — Whether restrainable in England — Protection of Trading Interests Act 1980, s 1(1)(a) — Protection of Trading Interests (US Antitrust Measures) Order 1983

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — United Kingdom airline's antitrust action in United States — No alternative English forum — Secretary of State's intervention — Compliance with United States court's orders prevented — Whether injunction necessary to avoid injustice — Whether “measures … under the law” includes statutory provisions — Protection of Trading Interests Act 1980, ss 1(1)(2)(3), 2(1)(2)(3)(5), 5, 6 — Protection of Trading Interests (US Antitrust Measures) Order 1983

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutory Instruments considered
• Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong

  08 May 1984 [1985] AC 1; [1984] 3 WLR 437; [1984] 2 All ER 503; 80 Cr App R 194, PC

  Subsequent considerations : 10 positive. Subsequent citations: 41.
  CRIME — Mens rea — Statutory offence

  CRIME — Hong kong — Crime
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  Case index catchwords

  CRIME — Mens rea — Statutory offence — Building works — Deviation from approved plans — Likelihood of causing risk of injury or damage — Whether offences of strict liability — Buildings Ordinance (Laws of Hong Kong, 1981 rev, c 123), s 40(2A)(b)(2B)(b)

  CRIME — Hong kong — Crime — Building work offence — Deviation from approved plans — Likelihood of causing risk of injury or damage — Whether offences of strict liability — Buildings Ordinance, s 40(2A)(b)(2B)(b)

  5 Case(s) considered

  1 Overseas Enactment considered

• R v Governor of Brixton Prison, Ex parte Walsh (Walsh, Ex parte)

  27 Oct 1983 [1984] QB 392; [1984] 2 WLR 217; [1984] 1 All ER 344, DC

  28 Jun 1984 [1985] AC 154; [1984] 3 WLR 205; [1984] 2 All ER 609; 80 Cr App R 186, HL(E)

  Subsequent citations: 6.
  PRISONS — Prison governor — Whether decision open to judicial review
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  Case index catchwords

  PRISONS — Prison governor — Whether decision open to judicial review — Applicant remanded in custody — Justices remanding applicant on bail in respect of other charges — Prison governor's failure to produce applicant before justices on remand dates — Whether prison governor and Secretary of State having duty to arrange that applicant surrenders to bail — Magistrates' Courts Act 1980, s 128(1)(b) — Criminal Justice Act 1961, s 29(1)

  2 Case(s) considered

  2 Statutes considered
• Robinson v The Queen

  07 May 1985 [1985] AC 956; [1985] 3 WLR 84; [1985] 2 All ER 594, PC

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 7.
  HUMAN RIGHTS — Jamaica — Constitution
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  Case index catchwords

  HUMAN RIGHTS — Jamaica — Constitution — Human rights and fundamental freedoms — Legal representation — Murder trial — Withdrawal of defendant's counsel without leave — Judge's refusal to adjourn for legal aid assignment — Defendant unrepresented at trial for capital offence — Whether infringement of defendant's constitutional right to be permitted legal representation — Jamaica (Constitution) Order in Council 1962, Sch 2, s 20(6)(c)

  1 Case considered

  1 Statutory Instrument considered
• Carver v Duncan (Bosanquet v Allen)

  13 Dec 1982 [1983] 1 WLR 494, Ch D

  18 Jul 1984 [1985] AC 1082; [1984] 3 WLR 1209, CA

  16 May 1985 [1985] AC 1082; [1985] 2 WLR 1010; [1985] 2 All ER 645; 59 TC 125, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  REVENUE — Income tax — Settlement
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  Case index catchwords

  REVENUE — Income tax — Settlement — Deductible expenditure — Trust income for accumulation or distribution at trustees' discretion — Trustees empowered to effect policies of life assurance — Premiums on policies charged on trust income — Additional expenditure on investment advisers' fees and insurance cover charged to income of trust fund — Whether expenditure deductible in computing trust income chargeable to tax at additional rate — Finance Act 1973, s 16(1)(2)

  4 Case(s) considered

• South West Water Authority v Rumble’s

  12 Mar 1984 [1984] 1 WLR 800; [1984] 2 All ER 240; 82 LGR 502, CA

  14 Feb 1985 [1985] AC 609; [1985] 2 WLR 405; [1985] 1 All ER 513; 83 LGR 297, HL(E)

  Subsequent citations: 3.
  RATING — Sewerage — Right to charge
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  Case index catchwords

  RATING — Sewerage — Right to charge — Property not connected to public sewer — Hereditament on ground floor of building without water or drainage facilities — Whether occupier liable to pay charge for water services — Water Act 1973, s 30(1)(1A)(1B) (as amended by Water Charges Act 1976, s 2(1))

  2 Case(s) considered

• R v Clarke (Ediakpo)

  20 Jun 1985 [1985] AC 1037; [1985] 3 WLR 113; [1985] 2 All ER 777; 81 Cr App R 220, HL(E)

  Subsequent citations: 1.
  IMMIGRATION — Illegal entrant — False statement
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  Case index catchwords

  IMMIGRATION — Illegal entrant — False statement — Statement made to police officer investigating whether respondent illegal entrant — Whether police officer “other person lawfully acting in the execution of this Act” — Immigration Act 1971, s 26(1)(c)

  1 Case considered

  1 Words & Phrases considered
• Secretary of State for Defence v Guardian Newspapers Ltd

  16 Dec 1983 [1984] Ch 156; [1984] 2 WLR 268; [1984] 1 All ER 453, CA

  25 Oct 1984 [1985] AC 339; [1984] 3 WLR 986; [1984] 3 All ER 601, HL(E)

  Subsequent considerations : 2 positive; 5 neutral; 2 negative. Subsequent citations: 28.
  CONTEMPT OF COURT — Sources of information — Disclosure

  COPYRIGHT — Crown — Secret document
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  Case index catchwords

  CONTEMPT OF COURT — Sources of information — Disclosure — Secret Crown document — Copy sent to newspaper — Possibility of identification of sender from markings on copy — Newspaper seeking to protect source of information — Whether Crown entitled to immediate return of copy — Whether return of document in “interests of justice or national security” — Contempt of Court Act 1981, s 10

  COPYRIGHT — Crown — Secret document — Copy of document sent to newspaper — Whether Crown to be treated as owner of copy document — Copyright Act 1956, s 18(1)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered