Results: 77

• Hendrikman v Magenta Druck & Verlag GmbH

  10 Oct 1996 (Case C-78/95); [1997] QB 426; [1997] 2 WLR 349; EU:C:1996:380, ECJ

  Subsequent citations: 6.
  EUROPEAN COMMUNITY — Judgment — Recognition in other contracting states
  Expand

  Case index catchwords

  EUROPEAN COMMUNITY — Judgment — Recognition in other contracting states — Defendant unaware of commencement of proceedings — Lawyers appearing for defendant without authority — Whether judgment against defendant capable of recognition — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 27(2)
• R v Ministry of Agriculture, Fisheries and Food, Ex parte Hedley Lomas (Ireland) Ltd (Hedley Lomas (Ireland) Ltd, Ex parte)

  23 May 1996 (Case C-5/94); EU:C:1996:205; [1997] QB 139; [1996] 3 WLR 787, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 37.
  EUROPEAN COMMUNITY — Breach of Community law — Damages

  EUROPEAN COMMUNITY — Free competition — Quantitative restrictions on exports
  Expand

  Case index catchwords

  EUROPEAN COMMUNITY — Breach of Community law — Damages — Refusal of export licence in breach of Treaty — Whether individual suffering consequential loss entitled to compensation — Conditions of entitlement — EC Treaty, art 34

  EUROPEAN COMMUNITY — Free competition — Quantitative restrictions on exports — Refusal of export licence on ground of suspected breaches of Community Directive in destination member state — Directive pursuing objective included in EC Treaty provision enabling derogation from prohibition of export restrictions — Directive not providing for monitoring of compliance with provisions — Whether refusal of licence capable of justification — EC Treaty, arts 34, 36

  3 Case(s) considered

  1 EU Enactment considered
• Elida Gibbs Ltd v Customs and Excise Comrs

  24 Oct 1996 (Case C-317/94); EU:C:1996:400; [1997] QB 499; [1997] 2 WLR 477; [1997] All ER (EC) 53; [1996] STC 1387; [1996] ECR I-5339, ECJ

  Subsequent considerations : 3 positive; 2 negative. Subsequent citations: 52.
  REVENUE — Value added tax — Taxable amount
  Expand

  Case index catchwords

  REVENUE — Value added tax — Taxable amount — Money-off, cash-back and voucher schemes for promoting sales of supplier's goods — Supplier ultimately receiving less than original price of goods — Whether consideration for supply amount received by supplier — Council Directive (77/388/EEC), arts 11(A)(1)(a), 11(C)(1)

• R v Secretary of State for the Environment, Ex parte Royal Society for the Protection of Birds (Port of Sheerness Ltd, Intervener) (Royal Society for the Protection of Birds, Ex parte)

  11 Jul 1996 (Case C-44/95); [1997] QB 206; [1997] 2 WLR 123; EU:C:1996:297, ECJ

  Subsequent citations: 4.
  EUROPEAN COMMUNITY — Environment — Birds, special protection areas for
  Expand

  Case index catchwords

  EUROPEAN COMMUNITY — Environment — Birds, special protection areas for — Criteria to be applied when special protection areas classified and boundaries defined — Whether economic considerations to be taken into account — Council Directive (79/409/EEC), arts 2, 4(1)(2) — Council Directive (92/43/EEC), art 6(4)

  2 Case(s) considered

  2 EU Enactments considered
• Argos Distributors Ltd v Customs and Excise Comrs

  24 Oct 1996 (Case C-288/94); EU:C:1996:398; [1997] QB 499; [1997] 2 WLR 477; [1996] STC 1359; [1996] 3 CMLR 569; [1996] ECR I-5311, ECJ

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2003. Subsequent citations: 16.
  REVENUE — Value added tax — Taxable amount
  Expand

  Case index catchwords

  REVENUE — Value added tax — Taxable amount — Money-off, cash-back and voucher schemes for promoting sales of supplier's goods — Supplier ultimately receiving less than original price of goods — Whether consideration for supply amount received by supplier — Council Directive (77/388/EEC), arts 11(A)(1)(a), 11(C)(1)

  2 Case(s) considered

  1 EU Enactment considered
• Hendrikman v Magenta Druck & Verlag GmbH

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 5.
  Expand

  1 International Agreement considered

• Trustee of the Property of Andrews v Brock Builders (Kessingland) Ltd

  21 Nov 1996 [1997] QB 674; [1997] 3 WLR 124, CA

  Subsequent citations: 1.
  ARBITRATION — Stay of judicial proceedings — Arbitration agreement
  Expand

  Case index catchwords

  ARBITRATION — Stay of judicial proceedings — Arbitration agreement — Building contract containing arbitration clause — Bankruptcy of builder — Trustee commencing action for breach of contract — Trustee claiming financial inability to arbitrate caused by defendants' breach of contract — Whether proceedings to be stayed — Arbitration Act 1950, s4

  2 Case(s) considered

  1 Statute considered
• Arthur v Anker

  30 Nov 1995 [1997] QB 564; [1996] 2 WLR 602; [1996] 3 All ER 783; [1996] RTR 308, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  EXECUTION — Distress damage feasant — Car

  TORT — Cause of action — Unlawful interference with property
  Expand

  Case index catchwords

  EXECUTION — Distress damage feasant — Car — Parking on private property — Landlord's right to distrain — Whether proof of actual damage necessary

  TORT — Cause of action — Unlawful interference with property — Vehicle parked on private property — Defendant clamping vehicle and demanding fee for release — Whether lawful

  1 Case considered
• Percy v Hall

  10 May 1996 [1997] QB 924; [1997] 3 WLR 573; [1996] 4 All ER 523, CA

  Subsequent considerations : 2 positive; 2 neutral; 1 negative. Subsequent citations: 41.
  STATUTORY INSTRUMENT — Validity — Offences against byelaws
  Expand

  Case index catchwords

  STATUTORY INSTRUMENT — Validity — Offences against byelaws — Byelaws restricting access to land appropriated for military purposes — Arrest for entering on appropriated land — Whether description of appropriated land sufficiently certain — Whether byelaws valid — Whether defence of lawful justification for arrests precluded if byelaws subsequently declared invalid — Military Lands Act 1892, s 14(1) — HMS Forest Moor and Menwith Hill Station Byelaws 1986

  5 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Friends’ Provident Life Office v Hillier Parker May & Rowden (Estates and General Plc, Third Party) (Estates & General Plc (Third Party))

  03 Apr 1995 [1997] QB 85; [1996] 2 WLR 123; [1995] 4 All ER 260; [1995] CLC 592, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 29.
  RESTITUTION — Quasi-contract — Moneys had and received
  Expand

  Case index catchwords

  RESTITUTION — Quasi-contract — Moneys had and received — Plaintiff, claiming damages against defendant for negligently authorising it to overpay third parties — Defendant seeking contribution from third parties — Whether overpayments made by plaintiff under mistake of fact — Whether third parties trustees in respect of overpayments — Whether third party claims to be struck out — Civil Liability (Contribution) Act 1978, ss 1(1), 6(1)

  3 Case(s) considered

  1 Statute considered