Results: 73

• Golden Strait Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory)

  18 Oct 2005 [2005] EWHC 161 (Comm); [2006] 1 WLR 533; [2005] 1 All ER (Comm) 467; [2006] 1 All ER (Comm) 235; [2005] 1 Lloyd's Rep 443; [2005] 2 Lloyd's Rep 747, CA

  28 Mar 2007 [2007] UKHL 12; [2007] 2 AC 353; [2007] 2 WLR 691; [2007] Bus LR 997; [2007] 3 All ER 1; [2007] 2 All ER (Comm) 97; [2007] 2 Lloyd's Rep 164, HL(E)

  Subsequent considerations : 2 positive; 6 neutral; 1 negative. Subsequent citations: 95.
  SHIPPING — Charterparty — Repudiation
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  Case index catchwords

  SHIPPING — Charterparty — Repudiation — Repudiation of long-term charterparty where market available — Charterparty containing war clause — Charterers repudiating charterparty — War breaking out after repudiation but before end of charter period — Whether damages recoverable by shipowner to be assessed as at date of repudiation or to take actual outbreak of war into account

  12 Case(s) considered

• Fornah (Zainab Esther) v Secretary of State for the Home Department (K v Secretary of State for the Home Department)

  09 Jun 2005 [2005] EWCA Civ 680; [2005] 1 WLR 3773; [2005] 2 FLR 1085, CA (Auld, Chadwick and Arden LJJ)

  18 Oct 2006 [2006] UKHL 46; [2007] 1 AC 412; [2006] 3 WLR 733; [2007] 1 All ER 671, HL(E) (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood)

  Subsequent citations: 16.
  IMMIGRATION — Asylum — “Particular social group”

  IMMIGRATION — Asylum — Leave to enter and remain
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  Case index catchwords

  IMMIGRATION — Asylum — “Particular social group” — Sierra Leonean woman fearing genital mutilation in country of origin — Whether member of “particular social group” — Whether entitled to asylum — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1A(2)

  IMMIGRATION — Asylum — Leave to enter and remain — “Particular social group” — Claimants fearing persecution for reasons of family membership or female genital mutilation in countries of origin — Whether members of “particular social group” — Whether entitled to asylum — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1A(2)

  5 Case(s) considered

  2 Words & Phrases considered

  2 International Agreements considered
• Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Comrs

  16 Jun 2004 [2004] EWHC 2387 (Ch); [2005] STC 687, Ch D (Park J)

  12 Apr 2005 [2005] EWCA Civ 389; [2006] QB 37; [2005] 3 WLR 521; [2004] STC 1178, CA (Chadwick, Laws and Jonathan Parker LJJ)

  18 Jul 2007 [2007] UKHL 34; [2008] AC 561; [2007] 3 WLR 354; [2008] Bus LR 49; [2007] 4 All ER 657; [2007] STC 1559, HL(E) (Lord Hope of Craighead, Lord Nicholls of Birkenhead, Lord Scott of Foscote, Lord Walker of Gestingthorpe and Lord Mance)

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 84.
  RESTITUTION — Quasi-contract — Money had and received

  RESTITUTION — Unjust enrichment — Money had and received
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  Case index catchwords

  RESTITUTION — Quasi-contract — Money had and received — Recovery of interest — Dividends paid by UK subsidiary to non-resident parent subjected to premature tax liability — Decision of European court that payments unlawful for restricting freedom of establishment — National court's computation of compensation for interest accruing during premature payment period — Whether simple or compound interest payable — EC Treaty, art 52 (art 43 EC)

  RESTITUTION — Unjust enrichment — Money had and received — Recovery of interest — Dividends paid by United Kingdom subsidiary to non-resident parent subjected to premature tax liability — Decision of European court that payments unlawful for restricting freedom of establishment — National court's computation of compensation for interest accruing during premature payment period — Whether simple or compound interest payable — EC Treaty, art 52 (art 43EC)

  15 Case(s) considered

  1 EU Enactment considered
• Huang v Secretary of State for the Home Department (Abu-Qulbain v Secretary of State for the Home Department, Kashmiri v Secretary of State for the Home Department)

  01 Mar 2005 [2005] EWCA Civ 105; [2006] QB 1; [2005] 3 WLR 488; [2005] 3 All ER 435, CA

  21 Mar 2007 [2007] UKHL 11; [2007] 2 AC 167; [2007] 2 WLR 581; [2007] 4 All ER 15; [2007] 1 FLR 2021, HL(E)

  Subsequent considerations : 15 positive; 7 neutral; 1 negative. Subsequent citations: 352.
  IMMIGRATION — Appeal — Removal

  IMMIGRATION — Appeal — Leave to enter and remain
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  Case index catchwords

  IMMIGRATION — Appeal — Removal — Secretary of State ordering claimants' removal from United Kingdom — Claimants having no right to remain under Immigration Rules — Appeals to adjudicator on human rights grounds — Whether adjudicator's assessment of proportionality limited to review of Secretary of State's decision — Whether adjudicator deciding himself on merits whether removal proportionate — Human Rights Act 1998, Sch 1, Pt I, art 8 — Immigration and Asylum Act 1999, s 65(1)

  IMMIGRATION — Appeal — Leave to enter and remain — Secretary of State refusing claimants' applications — Claimants having no right to enter and remain under Immigration Rules — Appeals to adjudicator on human rights grounds — Whether adjudicator's assessment of proportionality limited to review of Secretary of State's decision — Whether adjudicator himself deciding proportionality on merits — Human Rights Act 1998, Sch 1, Pt I, art 8 — Immigration and Asylum Act 1999, s 65

  5 Case(s) considered

  2 Statutes considered
• R (Bermingham) v Director of the Serious Fraud Office (Bermingham v Government of the United States of America)

  21 Feb 2006 [2006] EWHC 200 (Admin); [2007] QB 727; [2007] 2 WLR 635; [2006] 3 All ER 239, DC (Laws LJ and Ouseley J)

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 166.
  EXTRADITION — Extradition offence — Jurisdiction
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  Case index catchwords

  EXTRADITION — Extradition offence — Jurisdiction — Offence triable in either of two jurisdictions — Whether Director of Serious Fraud Office having to reach conclusion as to place of trial in order to protect defendant's Convention rights — Whether whole of conduct having to occur in category 2 territory for offences to be specified “extradition offences” — Whether jurisdiction to refuse extradition on ground of abuse of process — Whether extradition request disproportionate interference with Convention right to respect for privacy and family life — Criminal Justice Act 1987, s 1(3) — Human Rights Act 1998, s 6, Sch 1, Pt I, art 8 — Extradition Act 2003, s 137(2)

  6 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered
• Dabas v High Court of Justice in Madrid, Spain

  04 May 2006 [2006] EWHC 971 (Admin); [2007] 1 WLR 145, DC

  28 Feb 2007 [2007] UKHL 6; [2007] 2 AC 31; [2007] 2 WLR 254; [2007] 2 All ER 641, HL(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 49.
  EXTRADITION — Extradition offence — European framework list offence
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  Case index catchwords

  EXTRADITION — Extradition offence — European framework list offence — Defendant subject to European arrest warrant for alleged offence — Warrant indicating defendant's conduct falling within European framework offence list — Whether warrant and certificate to be separate documents — Extradition Act 2003, s 64

  5 Case(s) considered

  2 Statutes considered
• R (O’Brien) v Independent Assessor

  14 Mar 2007 [2007] UKHL 10; [2007] 2 AC 312; [2007] 2 WLR 544; [2007] 2 All ER 833, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 17.
  CRIME — Miscarriage of justice — Statutory compensation
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  Case index catchwords

  CRIME — Miscarriage of justice — Statutory compensation — Pecuriary and non-pecuniary loss — Independent assessor making deductions from awards for loss of earnings to reflect living expenses during period of imprisonment — Whether deductions appropriate — Percentage deductions from awards for non-pecuniary loss because of applicants' criminality — Disparity with award made to co-defendant in earlier proceedings — Whether independent assessor bound by principles of legal consistency to follow earlier decision — Criminal Justice Act 1988, s 133(4A)(c) (as inserted by the Criminal Appeal Act 1995, s 28)

  8 Case(s) considered

  1 Statute considered
• R v H

  [2006] EWCA Crim 1975; [2007] 1 Cr App R 295, CA

  16 Oct 2003 [2003] EWCA Crim 2847; [2003] 1 WLR 3006; [2004] 1 Cr App R 182, CA

  05 Feb 2004 [2004] UKHL 3; [2004] 2 AC 134; [2004] 2 WLR 335; [2004] 1 All ER 1269; [2004] 2 Cr App R 179, HL(E)

  28 Feb 2007 [2007] UKHL 7; [2007] 2 AC 270; [2007] 2 WLR 364; [2007] 3 All ER 269; [2007] 2 Cr App R 57, HL(E)

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 120.
  CRIME — Evidence — Prosecution evidence

  CRIME — Practice — Preparatory hearing
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  Case index catchwords

  CRIME — Evidence — Prosecution evidence — Disclosure of information to defence — Public interest immunity — Judge ruling that claim for public interest immunity not to be heard inter partes in open court — Whether compatible with defendants' Convention rights — Judge seeking appointment of special independent counsel — Whether necessary to ensure fair trial — Whether premature — Human Rights Act 1998, Sch 1, Pt I, art 6

  CRIME — Practice — Preparatory hearing — Issues appropriate for determination at preparatory hearing — Disclosure of documents to defence — Application for disclosure heard during preparatory hearing — Judge refusing application — Whether application part of preparatory hearing — Whether immediate right of appeal — Criminal Justice Act 1987 (as amended by Criminal Justice Act 1988, s 170(2), Sch 16, Criminal Justice Act 1993, s 6(8) and Criminal Justice and Public Order Act 1994, s 168(1), Sch 9, para 30), ss 7(1), 9(3)(11)

  7 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (Stellato) v Secretary of State for the Home Department

  01 Dec 2006 [2006] EWCA Civ 1639; [2007] 1 WLR 608; [2007] 2 Cr App R (S) 21, CA

  14 Mar 2007 [2007] UKHL 5; [2007] 2 AC 70; [2007] 2 WLR 531; [2007] 2 All ER 737, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 25.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Legislation at time of sentence entitling long-term prisoner to unconditional release after three quarters of fixed term — Prisoner released on licence recalled after new legislation in force — Whether re-released prisoner subject to licence until expiry of term under new sentencing regime — Whether entitled to unconditional release — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, paras 19, 23

  3 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• Jones v Ministry of the Interior of the Kingdom of Saudi Arabia (Secretary of State for Constitutional Affairs intervening) (Mitchell v Al-Dali)

  28 Oct 2004 [2004] EWCA Civ 1394; [2005] QB 699; [2005] 2 WLR 808, CA

  14 Jun 2006 [2006] UKHL 26; [2007] 1 AC 270; [2006] 2 WLR 1424; [2007] 1 All ER 113, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 78.
  INTERNATIONAL LAW — State immunity — Civil claims alleging torture
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  Case index catchwords

  INTERNATIONAL LAW — State immunity — Civil claims alleging torture — Claims alleging systematic torture of claimants by state officials while in custody of foreign state — Whether state entitled to immunity in respect of torture claims — Whether state entitled to claim immunity in respect of claims against officials — State Immunity Act 1978, ss 1(1), 14(1) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (1990), art 14(1)

  8 Case(s) considered

  2 Statutes considered

  1 International Agreement considered