Results: 85

• In re Deep Vein Thrombosis and Air Travel Group Litigation

  20 Dec 2002 [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418, QBD

  03 Jul 2003 [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

  14 Jul 2004 (pet all) [2004] 1 WLR 2110, HL(E)

  08 Dec 2005 [2005] UKHL 72; [2006] 1 AC 495; [2005] 3 WLR 1320; [2006] 1 All ER 786; [2006] 1 All ER (Comm) 313; [2006] 1 Lloyd's Rep 231, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 15.
  AIRCRAFT — Carriage by air — Accident

  HUMAN RIGHTS — International treaty — Compatibility
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  Case index catchwords

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, art 17

  HUMAN RIGHTS — International treaty — Compatibility — Duty of court to read and give effect to legislation in manner compatible with Convention rights — Whether applying to international treaties given force by statute — Human Rights Act 1998, s 3(1)

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, Pt I, art 17

  8 Case(s) considered

  1 Words & Phrases considered
• A v Secretary of State for the Home Department (No 2)

  11 Aug 2004 [2004] EWCA Civ 1123; [2005] 1 WLR 414, CA

  08 Dec 2005 [2005] UKHL 71; [2006] 2 AC 221; [2005] 3 WLR 1249; [2006] 1 All ER 575, HL(E)

  Subsequent considerations : 2 positive; 7 neutral; 3 negative. Subsequent citations: 151.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing certificates to detain under temporary emergency statutory provisions — Detention on basis of reasonable belief and suspicion — Alleged reliance on evidence of third parties subject to torture in foreign state — Whether evidence admissable — Anti-terrorism, Crime and Security Act 2001, ss 21, 23, 25 — Special Immigration Appeals Commission (Procedure) Rules 2003, r 44(3) — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1990), art 15

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered
• Law Society v Sephton & Co

  06 Feb 2004 [2004] EWHC 544 (Ch); [2004] PNLR 27, Ch D (Michael Briggs QC sitting as a deputy judge of the High Court)

  13 Dec 2004 [2004] EWCA Civ 1627; [2005] QB 1013; [2005] 3 WLR 212, CA

  10 May 2006 [2006] UKHL 22; [2006] 2 AC 543; [2006] 2 WLR 1091; [2006] 3 All ER 401, HL(E)

  Subsequent considerations : 3 neutral; 4 negative. Subsequent citations: 78.
  LIMITATION OF ACTION — Negligence — Accrual of cause of action
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  Case index catchwords

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Accountants negligently preparing statutory annual reports on solicitor's practice for submission to Law Society — Solicitor subsequently misappropriating clients' moneys — Law Society failing to investigate or intervene in practice in reliance on reports — Law Society compensating clients from Solicitors Compensation Fund — Whether cause of action against accountants in negligence accruing at time of misappropriations or at time of resolution to compensate clients — Limitation Act 1980, s 2

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Accountants negligently preparing statutory annual reports on solicitor's practice for submission to Law Society — Solicitor subsequently misappropriating clients' moneys — Law Society failing to investigate or intervene in practice in reliance on reports — Law Society compensating clients from Solicitors Compensation Fund — Whether cause of action against accountants in negligence accruing at time of misappropriations or at time of claim being made against compensation fund — Limitation Act 1980, s 2

  8 Case(s) considered

  1 Statute considered
• R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs

  29 Apr 2004 [2004] EWCA Civ 527; [2005] QB 93; [2004] 3 WLR 1, CA

  11 Oct 2004 (pet all) [2005] UKHL 57; [2006] 1 AC 529; [2004] 1 WLR 2774; [2005] 3 WLR 837; [2006] 3 All ER 111, HL(E)

  Subsequent considerations : 4 positive; 3 neutral; 2 negative. Subsequent citations: 60.
  CROWN — Colony — Subordinate legislation
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  Case index catchwords

  CROWN — Colony — Subordinate legislation — Direction under — Secretary of State's unlawful instruction to dependent territory official to refuse fishing licence in territory's waters to former licence-holder — Claim for damages for deprivation of possession — Whether instruction given on behalf of United Kingdom government or of territory's government — Whether right to damages — Human Rights Act 1998, Sch 1, Pt II, art 1 — South Georgia and South Sandwich Islands Order 1985, s 5

  5 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• King’s Prosecutor, Brussels, Office of the v Cando Armas

  20 Aug 2004 [2004] EWHC 2019 (Admin); [2005] 1 WLR 1389; [2005] 2 All ER 181; (2004) 154 NLJ 1498; The Times, 8 October 2004, DC (Henriques and Stanley Burnton JJ)

  17 Nov 2005 [2005] UKHL 67; [2006] 2 AC 1; [2005] 3 WLR 1079; [2006] 1 All ER 647; (2005) 155 NLJ 1809; The Times, 18 November 2005; The Independent, 22 November 2005, HL(E)

  Subsequent considerations : 5 positive; 4 neutral; 2 negative. Subsequent citations: 151.
  EXTRADITION — Extradition offence — European framework list offence
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  Case index catchwords

  EXTRADITION — Extradition offence — European framework list offence — Defendant convicted and sentenced in absence in Belgium — Some acts forming part of alleged offences taking place in United Kingdom — Whether “conduct” constituting extradition offences — Extradition Act 2003 (c 41), s. 65

  1 Case considered

  1 Statute considered
• R (Limbuela) v Secretary of State for the Home Department (R (Adam) v Secretary of State for the Home Department, R (Tesema) v Secretary of State for the Home Department)

  21 May 2004 [2004] EWCA Civ 540; [2004] QB 1440; [2004] 3 WLR 561; [2005] 3 All ER 29, CA

  03 Nov 2005 [2005] UKHL 66; [2006] 1 AC 396; [2005] 3 WLR 1014; [2007] 1 All ER 951, HL(E)

  Subsequent considerations : 3 positive; 1 negative. Subsequent citations: 85.
  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support
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  Case index catchwords

  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support — Secretary of State refusing asylum support to late claimants — Whether support necessary to avoid breach of Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002, s 55 (1)(5)

  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support — Secretary of State refusing asylum support to late claimants — Whether support necessary to avoid breach of Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002, s 55(1)(5)

  3 Case(s) considered

  2 Statutes considered
• Lesotho Highlands Development Authority v Impregilo SpA

  17 Oct 2002 [2002] EWHC 2435 (Comm); [2003] 1 All ER (Comm) 22; [2003] BLR 98, QBD (Morison J)

  31 Jul 2003 [2003] EWCA Civ 1159; [2004] 1 All ER (Comm) 97; [2003] BLR 347; [2003] 2 Lloyd's Rep 497, CA

  30 Jun 2005 [2005] UKHL 43; [2006] 1 AC 221; [2005] 3 WLR 129; [2005] 2 All ER (Comm) 265; [2005] 3 All ER 789; [2005] 2 Lloyd's Rep 310, HL(E)

  Subsequent considerations : 13 positive; 4 neutral; 1 negative. Subsequent citations: 94.
  ARBITRATION — Award — Currency

  ARBITRATION — Award — Serious irregularity
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  Case index catchwords

  ARBITRATION — Award — Currency — Contract stipulating currency of account — Arbitral tribunal holding that currency of award matter of procedural law of arbitration and making award in currency other than that prescribed by contract — Whether currency of award to be determined by applicable law of contract — Whether tribunal exceeding powers — Arbitration Act 1996, s 68

  ARBITRATION — Award — Serious irregularity — Contract stipulating currency of account and applicable law — Tribunal making award in different currency — Pre-award interest ordered by reference to procedural law of arbitration rather than applicable law of contract — Whether errors of law — Whether excess of power — Arbitration Act 1996, ss 48(4), 49(3), 68

  4 Case(s) considered

  1 Words & Phrases considered
• McFarlane v McFarlane (Parlour v Parlour, Miller v Miller)

  07 Jul 2004 [2004] EWCA Civ 872; [2005] Fam 171; [2004] 3 WLR 1480; [2004] 3 All ER 921; [2004] 2 FLR 893, CA

  24 May 2006 [2006] UKHL 24; [2006] 2 AC 618; [2006] 2 WLR 1283; [2006] 3 All ER 1; [2006] 1 FLR 1186, HL(E)

  Subsequent considerations : 12 positive; 6 neutral; 1 negative. Subsequent citations: 177.
  HUSBAND AND WIFE — Financial provision — Periodical payments order

  HUSBAND AND WIFE — Financial provision — Lump sum award
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Periodical payments order — Means of parties — Parties dividing capital by consent but not effecting clean break — Husband's income substantially exceeding parties' needs — Assessment of periodical payments to wife — Matrimonial Causes Act 1973, s 25A (as inserted by Matrimonial and Family Proceedings Act 1984, s 3)

  HUSBAND AND WIFE — Financial provision — Lump sum award — Short marriage — Husband bringing substantial wealth into marriage — Pre-existing arrangement in place prior to marriage which led to husband's wealth increasing significantly during marriage — Assessment of lump sum payment to wife — Matrimonial Causes Act 1973, s 25 (as substituted by Matrimonial and Family Proceedings Act 1984, s 3)

  5 Case(s) considered

  1 Statute considered

• R (Dudson) v Secretary of State for the Home Department

  11 Feb 2004 [2004] EWCA Civ 99; [2004] QB 1341; [2004] 3 WLR 341, CA

  28 Jul 2005 [2005] UKHL 52; [2006] 1 AC 245; [2005] 3 WLR 422; [2006] 1 All ER 421, HL(E)

  Subsequent citations: 10.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Child offender convicted of murder — Detention during Her Majesty's pleasure — Tariff to be served before release on licence considered — Secretary of State fixing tariff period following recommendation of Lord Chief Justice — Whether prisoner entitled to oral hearing before Lord Chief Justice — Whether lack of oral hearing breaching Convention right to fair trial — Children and Young Persons Act 1933 (as amended by Murder (Abolition of Death Penalty) Act 1965, s 1(5) and Children and Young Persons Act 1969, s 72(4), Sch 6), ss 44(1), 53(1) — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  2 Case(s) considered

  4 Statutes considered
• Januzi v Secretary of State for the Home Department (Gaafar v Secretary of State for the Home Department, Hamid v Secretary of State for the Home Department, Mohammed v Secretary of State for the Home Department)

  24 Jul 2003 [2003] EWCA Civ 1188; [2003] IN LR 608, CA

  15 Feb 2006 [2006] UKHL 5; [2006] 2 AC 426; [2006] 2 WLR 397; [2006] 3 All ER 305, HL(E)

  Subsequent considerations : 5 positive; most recently considered: 2022. Subsequent citations: 41.
  IMMIGRATION — Asylum — Internal relocation
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  Case index catchwords

  IMMIGRATION — Asylum — Internal relocation — Claimant fleeing persecution in country of nationality and seeking asylum in United Kingdom — Availability of safe haven in country of nationality — State agents sanctioning or conniving in persecution — Whether unreasonable or unduly harsh to expect claimant to relocate to safe haven — Whether standard of human rights in safe haven relevant — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1A(2)

  2 Case(s) considered

  1 International Agreement considered