Results: 108

• Wilson v St Helens Borough Council (British Fuels Ltd v Baxendale, Meade v British Fuels Ltd)

  28 Mar 1996 [1996] ICR 711, EAT

  10 Jul 1997 [1998] ICR 387, CA

  29 Oct 1998 [1999] 2 AC 52; [1998] 3 WLR 1070; [1998] ICR 1141; [1998] 4 All ER 609; [1999] LGR 255, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 27.
  EMPLOYMENT — Transfer of undertaking — Protection of employees
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Protection of employees — Transferor dismissing employees with redundancy payments — Whether dismissals effective or contracts of employment transferred — Whether effective where organisational reason for dismissals — Employees accepting and working under new contracts with transferee paying less — Whether effective variation of contracts transferred — Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 5 (as amended by Trade Union Reform and Employment Rights Act 1993, s 33(1)(4)), 8 — Council Directive (77/187/EEC), arts 3(1), 4(1)

  5 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  3 Statutory Instruments considered
• Dawson v Wearmouth

  31 Jul 1997 [1998] Fam 75; [1998] 2 WLR 392; [1998] 1 All ER 271; [1997] 2 FLR 629, CA

  23 Jul 1998 (pet all) [1999] 2 AC 308; [1998] 1 WLR 1395; [1999] 2 WLR 960; [1999] 2 All ER 353; [1999] 1 FLR 1167, HL(E)

  Subsequent considerations : 2 positive. Subsequent citations: 16.
  CHILDREN — Name — Change of surname
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  Case index catchwords

  CHILDREN — Name — Change of surname — Mother registering illegitimate child in former husband's surname — Father seeking order that child be known by his surname — Whether order to be made — Whether registration to be taken into account in exercising discretion — Children Act 1989, ss 1(1)(3)(5), 8(1)

  1 Case considered

  2 Statutes considered
• R v Bournewood Community and Mental Health NHS Trust, Ex parte L

  02 Dec 1997 [1999] 1 AC 458; [1998] 2 WLR 764; [1998] 1 All ER 634, CA

  25 Jun 1998 [1999] 1 AC 458; [1998] 3 WLR 107; [1998] 3 All ER 289; [1998] 2 FLR 550, HL(E)

  Subsequent considerations : 2 positive. Subsequent citations: 52.
  MENTAL DISORDER — Admission for treatment — Validity of detention
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  Case index catchwords

  MENTAL DISORDER — Admission for treatment — Validity of detention — Informal admission of mentally disordered patient incapable of giving or refusing consent — Intention to prevent patient from leaving — Whether power to admit patient informally — Whether common law doctrine of necessity applying — Whether patient unlawfully detained — Mental Health Act 1983, s 131 (as amended by Children Act 1989, s 108(5), Sch 13, para 48(5))

  6 Case(s) considered

  2 Statutes considered
• R v Immigration Appeal Tribunal, Ex parte Shah (Islam v Secretary of State for the Home Department, Shah, Ex parte)

  (pet all) [1998] 1 WLR 270, HL

  23 Jul 1997 [1998] 1 WLR 74; [1998] 4 All ER 30, CA

  25 Mar 1999 [1999] 2 AC 629; [1999] 2 WLR 1015; [1999] 2 All ER 545, HL(E)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 56.
  IMMIGRATION — Limited leave to enter — Application for asylum
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  Case index catchwords

  IMMIGRATION — Limited leave to enter — Application for asylum — Pakistani women accused of adultery having well-founded fear of persecution in country of origin — Whether members of “particular social group” — Whether refugees entitled to asylum — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1 A(2)

  2 Case(s) considered

  1 Words & Phrases considered

  2 International Agreements considered
• R v Powell (Anthony) (R v Daniels, R v English)

  [1996] 1 Cr App R 14, CA

  30 Oct 1997 [1999] 1 AC 1; [1997] 3 WLR 959; [1997] 4 All ER 545; [1998] 1 Cr App R 261, HL(E) (Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Mustill, Lord Steyn and Lord Hutton)

  Subsequent considerations : 7 positive; 4 neutral; 1 negative. Subsequent citations: 53.
  CRIME — Homicide — Murder
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  Case index catchwords

  CRIME — Homicide — Murder — Joint enterprise — Primary party intending to kill or cause serious bodily harm — Whether secondary party's realisation of possibility sufficient to found conviction — Primary party departing from common design by unforeseen action — Whether secondary party guilty of murder or manslaughter

  CRIME — Homicide — Murder — Joint enterprise — Primary party intending to kill or cause serious bodily harm — Whether secondary party's realisation of possibility sufficient to found conviction — Primary party departing from common design by unforeseen action — Whether secondary party guilty of murder or manslaughter

  10 Case(s) considered
• Ahnee v Director of Public Prosecutions

  17 Mar 1999 [1999] 2 AC 294; [1999] 2 WLR 1305, PC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 10.
  JURISDICTION — Mauritius — Supreme Court
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  Case index catchwords

  JURISDICTION — Mauritius — Supreme Court — Jurisdiction — Contempt of court — Newspaper article publicly scandalising court — Whether power to commit for contempt of court — Whether power contravening individual's constitutional rights — Whether constitutional meaning of “law” including common law — Ingredients of offence of scandalising court — Courts Ordinance 1945, s 15 — Constitution of Mauritius, ss 5(1), 10(1)(4), 12(1)(2)(b), 76(1) — Courts Act, s 15

  5 Case(s) considered

  1 Words & Phrases considered

  3 Overseas Enactments considered
• R v Secretary of State for the Home Department, Ex parte Stafford (Stafford, Ex parte)

  26 Nov 1997 [1998] 1 WLR 503, CA

  14 May 1998 (pet all) [1999] 2 AC 38; [1998] 1 WLR 972; [1998] 3 WLR 372; [1998] 4 All ER 7, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 29.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Mandatory life sentence prisoner — Prisoner committing non-violent offences while released on licence — Expiry of punitive element of sentence and risk of violent re-offending assessed as minimal — Secretary of State refusing to direct release — Whether refusal unlawful — Criminal Justice Act 1991, s 35(2)

  1 Case considered

  2 Statutes considered

• R v Secretary of State for the Home Department, Ex parte Francois (Francois, Ex parte)

  12 Mar 1998 [1991] 1 AC 43; [1999] 1 AC 43; [1998] 2 WLR 530; [1998] 1 All ER 929; [1998] 2 Cr App R (S) 370, HL(E)

  Subsequent citations: 4.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Applicant sentenced to term of imprisonment — Subsequently sentenced by different court to further consecutive term — Whether both terms to be aggregated — Criminal Justice Act 1991, ss 33, 51(2)

  1 Case considered

  1 Statute considered
• Card Protection Plan Ltd v Customs and Excise Comrs

  25 Feb 1999 (Case C-349/96); EU:C:1999:93; [1999] 2 AC 601; [1999] 3 WLR 203; [1999] All ER (EC) 339; [1999] STC 270; [1999] ECR I-973, ECJ

  Subsequent considerations : 13 positive; 13 neutral; 1 negative. Subsequent citations: 76.
  REVENUE — Value added tax — Exemptions
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  Case index catchwords

  REVENUE — Value added tax — Exemptions — Business of indemnification of credit card holders on loss of cards — Whether exempt as “insurance transaction” — Whether related card registration service taxable as separate non-exempt supply — Whether permissible to limit insurance exemption to authorised insurers — Value Added Tax Act 1983, s 17, Sch 6, Group 2, item 1 — Council Directive (73/239/EEC) (as amended), annex, point A(18) — Council Directive (77/388/EEC), art 13(B)(a)

  1 Words & Phrases considered

  2 EU Enactments considered

  1 Statute considered

• Mohammed v The State

  09 Dec 1998 [1999] 2 AC 111; [1999] 2 WLR 552, PC

  Subsequent citations: 16.
  CRIME — Trinidad and tobago — Crime
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  Case index catchwords

  CRIME — Trinidad and tobago — Crime — Evidence — Confession — Police failing to inform defendant of constitutional right to communicate with lawyer — Confession obtained in breach of constitutional right — Judge wrongly permitting prosecuting counsel to make closing speech to jury — Whether confession obtained in breach of defendant's constitutional rights admissible — Exercise of discretion — Whether proviso to be applied — Constitution of the Republic of Trinidad and Tobago Act, Sch, s 5(2)(c)(ii)(h) — Supreme Court of Judicature Act, s 44(1)

  4 Case(s) considered

  2 Overseas Enactments considered