Results: 75

• R v Asfaw (United Nations High Commissioner for Refugees intervening)

  21 May 2008 [2008] UKHL 31; [2008] AC 1061; [2008] 2 WLR 1178; [2008] 3 All ER 775, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 30.
  IMMIGRATION — Asylum — Illegal entrant
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  Case index catchwords

  IMMIGRATION — Asylum — Illegal entrant — Appellant arriving in United Kingdom en route to seek asylum elsewhere — Apprehended attempting to leave United Kingdom by presenting false documents to airline — Prosecution for use of false documents and dishonest attempt to obtain travel services from airline — Whether offences on account of her “illegal entry or presence” — Whether protected from prosecution — Immigration and Asylum Act 1999, s 31 — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 31(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered
• R (Gentle) v Prime Minister

  12 Dec 2006 [2006] EWCA Civ 1689; [2007] QB 689; [2007] 2 WLR 195, CA

  12 Jun 2007 (pet all) [2007] 1 WLR 1592, HL(E)

  19 Apr 2008 [2008] UKHL 20; [2008] AC 1356; [2008] 2 WLR 879; [2008] 3 All ER 1, HL(E)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 44.
  HUMAN RIGHTS — Right to life — State's duty to investigate death
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  Case index catchwords

  HUMAN RIGHTS — Right to life — State's duty to investigate death — Servicemen killed in Iraq during and following invasion by United Kingdom forces — Whether Convention obligation to protect right to life requiring independent inquiry into decision as to lawfulness of invasion of Iraq — Human Rights Act 1998, Sch 1, Pt I, art 2

  11 Case(s) considered

  1 Statute considered
• In re M (Children) (Abduction: Rights of Custody) (MM v VM)

  26 Jul 2007 [2007] EWHC 1820 (Fam), Fam D (Roderic J)

  12 Sep 2007 [2007] EWCA Civ 992; [2007] 3 FCR 564, CA (Thorpe, Longmore, Moore-Bick LJJ)

  05 Dec 2007 [2007] UKHL 55; [2008] AC 1288; [2007] 3 WLR 975; [2008] 1 All ER 1157; [2008] 1 FLR 251; [2008] 1 FCR 536; The Times, 6 December 2007, 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 considerations : 5 positive; 4 neutral. Subsequent citations: 123.
  CHILDREN — Custody rights — Breach
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  Case index catchwords

  CHILDREN — Custody rights — Breach — Children habitually resident in Zimbabwe — Mother removing children to England — Father issuing proceedings under Hague Convention for their immediate return over two years later Children settled in England and objecting to return — Whether court having jurisdiction to order return under Convention once children settled — Exercise of discretion to order return Whether children to be returned — Child Abduction and Custody Act 1985, Sch 1, arts 12, 13, 18

  6 Case(s) considered

  1 Statute considered
• R v May (R v Bravard, R v Fowles, R v Stapleton, R v Lawrence)

  28 Jan 2005 [2005] EWCA Crim 97; [2005] 1 WLR 2902; [2005] 3 All ER 523; [2005] 2 Cr App R (S) 67, CA

  14 May 2008 [2008] UKHL 28; [2008] AC 1028; [2008] 2 WLR 1131; [2008] 4 All ER 97; [2008] 2 Cr App R 395; [2009] 1 Cr App R (S) 31, HL(E)

  Subsequent considerations : 9 positive; 5 neutral; 1 negative. Subsequent citations: 84.
  CRIME — Sentence — Confiscation order
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  Case index catchwords

  CRIME — Sentence — Confiscation order — Defendants using companies in their joint control to dishonestly retain and reclaim VAT — Confiscation orders made following conviction — Each order in sum representing whole amount dishonestly obtained by companies — Whether each defendant benefiting to whole amount — Whether amount to be apportioned between defendants — Criminal Justice Act 1988, s 71(4)

  CRIME — Sentence — Confiscation order — Defendants using companies in their joint control dishonestly to retain and reclaim VAT — Confiscation orders made following conviction — Each order in sum representing whole amount dishonestly obtained by companies — Whether each defendant benefiting to whole amount — Whether amount to be apportioned between defendants — Whether order in whole amount arbitrary interference with Convention rights to enjoyment of possessions or to liberty — Criminal Justice Act 1988 (as amended by Proceeds of Crime Act 1995, s 1(1)(2)(3)), s 71(1A)(1B)(4)(6) — Human Rights Act 1998, Sch 1, Pt I, art 5, Pt II, art 1

  3 Case(s) considered

  3 Statutes considered
• Secretary of State for the Home Department v MB

  12 Apr 2006 [2006] EWHC 1000 (Admin), QBD (Sullivan J)

  01 Aug 2006 [2006] EWCA Civ 1140; [2007] QB 415; [2006] 3 WLR 839, CA

  20 Jan 2007 (pet all) [2007] 1 WLR 397, HL(E)

  31 Oct 2007 [2007] UKHL 46; [2008] AC 440; [2007] 3 WLR 681; [2008] 1 All ER 657, HL(E)

  Subsequent considerations : 7 positive; 2 neutral; 1 negative. Subsequent citations: 129.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist

  HUMAN RIGHTS — Right to liberty — Suspected international terrorist
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing non-derogating control orders — Court hearing to consider whether Secretary of State's orders flawed — Justification for orders contained in closed material — Essence of closed material not disclosed to suspected terrorists — Whether statutory provisions for supervision by court compatible with right to fair hearing — Whether non-derogating control order constituting criminal charge — Extent of procedural protection required by Convention right — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3, Sch, para 4

  HUMAN RIGHTS — Right to liberty — Suspected international terrorist — Home Secretary issuing non-derogating control order — Suspected terrorist required to remain within specified residence 14 hours per day and otherwise confined to small urban area — Prohibition on contact with other persons without prior authorisation — Whether obligations amounting to deprivation of liberty — Human Rights Act 1998, Sch 1, Pt I, art 5 — Prevention of Terrorism Act 2005, s 2

  5 Case(s) considered

  4 Statutes considered
• Norris v Government of the United States of America

  25 Jan 2007 (Goldshield Group plc intervening) [2007] EWHC 71 (Admin); [2007] 1 WLR 1730; [2007] 2 All ER 29, DC

  12 Mar 2008 [2008] UKHL 16; [2008] AC 920; [2008] 2 WLR 673; [2008] 2 All ER 1103, HL(E)

  Subsequent considerations : 4 positive; 1 neutral. Subsequent citations: 77.
  EXTRADITION — Extradition offence — Jurisdiction
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  Case index catchwords

  EXTRADITION — Extradition offence — Jurisdiction — Defendant charged in United States of America with conspiracy to fix prices and obstructing United States investigators — Price fixing charge not requiring dishonesty — Whether conduct constituting common law conspiracy to defraud — Whether secrecy of agreement supplying ingredient of dishonesty necessary for common law offence — Whether common law offence sufficiently clear and ascertainable — Whether requirement that ingredients of United States offence and English offence correspond — Whether obstruction allegation requiring transposition of locality and institutions — Whether extradition offences — Whether further information to be requested from United States authorities as to evidence in order to determine whether extradition barred by reason of passage of time — Whether issue of compatibility of extradition with Convention rights to be remitted for determination by district judge — Extradition Act 2003, ss 82, 87(1), 137(2)

  18 Case(s) considered

  1 Statute considered
• R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs (R (Drain) v Secretary of State for the Environment, Food and Rural Affairs)

  22 Jul 2004 [2004] EWHC 1217 (Admin) {0} {1}; [2005] 1 WLR 926; [2004] 4 All ER 342, DC (Maurice Kay LJ and Richards J)

  19 Dec 2005 [2005] EWCA Civ 1597; [2006] QB 727; [2006] 2 WLR 1179; [2006] 2 All ER 960, CA

  20 Jun 2007 [2007] UKHL 28; [2008] AC 221; [2007] 3 WLR 85; [2007] 4 All ER 273, HL(E)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 11.
  HIGHWAY — Right of way — Dedication
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  Case index catchwords

  HIGHWAY — Right of way — Dedication — Application for modification order adding public footpath to definitive map and statement — Whether overt acts required as sufficient evidence of intention not to dedicate footpath — Whether necessary for evidence of intention not to dedicate to have been brought to users' notice throughout whole of relevant period — Highways Act 1980, s 31

  HIGHWAY — Right of way — Dedication — Application for modification order adding footpath to definitive map and statement — Whether overt acts required as sufficient evidence of intention not to dedicate footpath — Whether necessary for evidence of intention not to dedicate to have been brought to users' notice throughout whole of relevant period — Highways Act 1980, s 31(1)

  11 Case(s) considered

  1 Statute 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

• Majorstake Ltd v Curtis

  08 Aug 2006 [2006] EWCA Civ 1171; [2007] Ch 300; [2006] 3 WLR 1114; [2006] 4 All ER 1326, CA

  14 Dec 2006 (pet all) [2008] UKHL 10; [2008] AC 787; [2007] 1 WLR 319; [2008] 2 WLR 338; [2008] 2 All ER 303, HL(E)

  Subsequent citations: 11.
  LANDLORD AND TENANT — Leasehold enfranchisement — Adjoining properties
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Adjoining properties — Tenant of flat claiming right to acquire new lease — Landlord resisting new lease on ground of intention to redevelop premises in which flat contained — Landlord's intention to combine tenant's flat with flat below to form duplex apartment — Whether two flats together “any premises in which the tenant's flat is contained” — Leasehold Reform, Housing and Urban Development Act 1993, s 47

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered
• Office of Fair Trading v Lloyds TSB Bank plc

  12 Nov 2004 [2004] EWHC 2600 (Comm); [2005] 1 All ER 843; [2005] 1 All ER (Comm) 354, KBD

  22 Mar 2006 [2006] EWCA Civ 268; [2007] QB 1; [2006] 3 WLR 452; [2006] 2 All ER 821; [2006] 1 All ER (Comm) 629, CA

  31 Oct 2007 [2007] UKHL 48; [2008] AC 316; [2007] 3 WLR 733; [2008] Bus LR 450; [2008] 1 All ER 205; [2008] 1 All ER (Comm) 113; [2008] 1 Lloyd's Rep 30, HL(E)

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 11.
  FAIR TRADING — Consumer credit — Agreement

  FAIR TRADING — Consumer credit — Credit card
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  Case index catchwords

  FAIR TRADING — Consumer credit — Agreement — Regulated consumer credit agreement — Restricted use credit agreement — Debtor-creditor-supplier agreement — Liability of creditor for breaches by supplier — Liability of creditor in foreign transactions — Consumer Credit Act 1974, ss 11(1)(b), 12(1)(b), 75(1), 187(1)(2)(3)

  FAIR TRADING — Consumer credit — Credit card — Connected lender liability — Credit card transactions entered into under four-party structure of agreements involving debtor, creditor, supplier and merchant acquirer — Transactions entered into abroad — Claim by debtor for misrepresentation or breach of contract by supplier — Whether statutory remedy available against creditor where transaction entered into under four-party structure or abroad — Consumer Credit Act 1974, ss 9, 11, 12, 16, 75, 187

  2 Case(s) considered

  1 Statute considered