Results: 93

• Owners of cargo lately laden on board the ship Tatry v Owners of the ship Maciej Rataj (The Tatry)

  02 Jul 1991 [1991] 2 Lloyd's Rep 458, QBD (Sheen J)

  23 Jul 1992 [1992] 2 Lloyd's Rep 552; [1995] ILPr 114, CA

  06 Dec 1994 (Case C-406/92); EU:C:1994:400; [1999] QB 515; [1999] 2 WLR 181; [1995] All ER(EC) 229; [1995] 1 Lloyd's Rep 302; [1994] ECR I-5439, ECJ

  Subsequent considerations : 8 positive; 8 neutral. Subsequent citations: 102.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  SHIPPING — Conflict of laws — Forum conveniens
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Lis alibi pendens — Claim for declaration of non-liability in action in Holland — Subsequent action in England for damages — Incomplete identity of parties to two sets of proceedings — Whether proceedings “involving the same cause of action and between the same parties” — Whether court second seised to decline jurisdiction — Relationship between Brussels Convention and specialised conventions — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 21, 22, 57

  SHIPPING — Conflict of laws — Forum conveniens — Damage to goods — Actions brought in Rotterdam and England — Whether proceedings in Rotterdam involving same cause of action as proceedings in England — Whether action to be stayed — Whether Rotterdam more appropriate forum — Whether specialised Convention preventing operation of Convention relating to jurisdiction — Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 21, 22, 57 — Convention on Limitation of Liability for Maritime Claims 1976, art 6A

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  2 International Agreements considered

• Curtis v London Rent Assessment Committee

  09 Oct 1997 [1999] QB 92; [1998] 3 WLR 1427; [1997] 4 All ER 842, CA

  Subsequent citations: 18.
  COURT OF APPEAL (CIVIL DIVISION) — Appeal — Right of appeal

  LANDLORD AND TENANT — Rent restriction — Rent assessment
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  Case index catchwords

  COURT OF APPEAL (CIVIL DIVISION) — Appeal — Right of appeal — Determination of rent assessment committee challenged by landlord on both substantive and procedural grounds — Judge finding in landlord's favour on one procedural issue — Order for rehearing by differently constituted committee — Landlord seeking to appeal judge's findings on substantive issues — Whether Court of Appeal able to vary judge's order — Whether landlord able to bring appeal

  LANDLORD AND TENANT — Rent restriction — Rent assessment — “Fair rent” — Market rent comparables available — Rent assessment committee having regard to existing registered fair rents — Rent determined significantly below market rent comparables — Committee giving reasons but not calculations for determination — Whether market rent comparables appropriate starting point for assessment of fair rent — Whether calculations required to justify departure from market rent comparables

  2 Case(s) considered

  1 Words & Phrases considered

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

  23 Apr 1997 [1999] QB 597; [1998] 2 WLR 626, CA

  Subsequent citations: 6.
  IMMIGRATION — Limited leave to enter — Dependant
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  Case index catchwords

  IMMIGRATION — Limited leave to enter — Dependant — British worker living with non-EC spouse in another member state — Whether spouse entitled to same rights of residence in United Kingdom as British citizen — Whether entitled to indefinite leave to remain — Council Directive (68/360/EEC), art 4(4)

  1 Case considered

  1 EU Enactment considered
• R v Secretary of State for the Home Department, Ex p Gilmore (Ogun, Ex parte, R v Secretary of State for the Home Department, Ex parte Ogun)

  06 Jun 1997 [1999] QB 611; [1998] 2 WLR 618; [1998] 1 All ER 264; [1997] 2 Cr App R 374, DC

  Subsequent considerations : 2 negative. Subsequent citations: 4.
  EXTRADITION — Extradition crime — Conspiracy to contravene Theft Act
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  Case index catchwords

  EXTRADITION — Extradition crime — Conspiracy to contravene Theft Act — Defendants charged with conspiracies to defraud, steal, obtain money by deception and handle stolen goods — Whether extradition crimes — Extradition Act 1870 (as amended by Theft Act 1968, s 33(3)), Sch 1 — Extradition Act 1989, ss 1(3), 2, Sch 1 — United States of America (Extradition) Order 1976, art 3

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• Jarrett v Barclays Bank Plc (Jones v First National Bank Plc, Peacock v First National Bank Plc)

  31 Oct 1996 [1999] QB 1; [1997] 3 WLR 654; [1997] 2 All ER 484, CA

  Subsequent citations: 9.
  CONFLICT OF LAWS — Jurisdiction — Immovable property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Immovable property — Agreements to buy timeshare properties abroad with finance provided by banks — Misrepresentation and breaches of contract by vendors — Purchasers claiming against banks under finance agreements — Whether object of proceedings tenancies of immovable property — Whether foreign courts having exclusive jurisdiction — Consumer Credit Act 1974, ss 56(2), 75 — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 16(1) (as amended by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990)

  4 Case(s) considered

  2 Statutes considered
• R v Richardson (Diane)

  25 Mar 1998 [1999] QB 444; [1998] 3 WLR 1292; [1998] 2 Cr App R 200, CA

  Subsequent considerations : 2 negative. Subsequent citations: 4.
  CRIME — Assault — Consent
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  Case index catchwords

  CRIME — Assault — Consent — Registered dental practitioner suspended from practice continuing to treat patients — Patients unaware of suspension consenting to treatment — Whether dentist's fraud vitiating patient's consent — Whether treatment constituting assault — Offences against the Person Act 1861, s 47

  2 Case(s) considered

  1 Statute considered
• R v Kelly (Anthony) (R v Lindsay)

  14 May 1998 [1999] QB 621; [1999] 2 WLR 384; [1998] 3 All ER 741, CA

  Subsequent considerations : 1 neutral; most recently considered: 2009. Subsequent citations: 3.
  CRIME — Theft — Property belonging to another
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  Case index catchwords

  CRIME — Theft — Property belonging to another — Removal of human body parts from medical institution — Whether body parts “property” — Whether medical institution in “possession” of body parts — Theft Act 1968, ss 1(1), 4(1), 5(1)

  2 Case(s) considered

  2 Words & Phrases considered
• Broadmoor Special Hospital Authority v Robinson

  12 Oct 1998 [1999] QB 957; [1999] 2 WLR 1006, QBD

  20 Dec 1999 [2000] QB 775; [2000] 1 WLR 1590; [2000] 2 All ER 727, CA

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 30.
  INJUNCTION — Interlocutory — Jurisdiction to grant
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  Case index catchwords

  INJUNCTION — Interlocutory — Jurisdiction to grant — Convicted patient in special hospital writing book identifying other patients and detailing their offences — Hospital authority obtaining orders restraining patient from posting copies of book or manuscript and for delivery up of copies or manuscript already sent out — Whether authority having power to restrict defendant's control of copies of book not within special hospital or in course of transmission by post — Whether statutory body having standing to apply for injunction to support performance of statutory duties — Whether injunction to be granted — Mental Health Act 1983, s 134

  4 Case(s) considered

  1 Statute considered
• R v Governor of Brockhill Prison, Ex p Evans (No 2)

  19 Jun 1998 [1999] QB 1043; [1999] 2 WLR 103; [1998] 4 All ER 993, CA (Lord Woolf MR, Roch, Judge LJJ)

  27 Jul 2000 [2001] 2 AC 19; [2000] 3 WLR 843; [2000] 4 All ER 15, HL(E) (Lord Slynn of Hadley, Lord Browne-Wilkinson, Lord Steyn, Lord Hope of Craighead, Lord Hobhouse of Woodborough)

  Subsequent considerations : 4 positive; 5 neutral; 3 negative. Subsequent citations: 160.
  FALSE IMPRISONMENT — Prisoner serving sentence — Damages
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  Case index catchwords

  FALSE IMPRISONMENT — Prisoner serving sentence — Damages — Miscalculation of release date — Calculation on basis of authoritative judicial decisions — Decisions subsequently overruled — Whether entitlement to damages for false imprisonment — Whether relevant that prison authorities not at fault — Assessment of damages

  9 Case(s) considered

• R v Carrick District Council, Ex p Prankerd (The Winnie Rigg)

  24 Jul 1998 [1999] QB 1119; [1999] 2 WLR 489; [1998] 2 Lloyd's Rep 675; Times, 1 September 1998, QBD (Lightman J)

  Subsequent citations: 3.
  DOCK — Harbour — Ship dues
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  Case index catchwords

  DOCK — Harbour — Ship dues — Private yacht used for recreational purposes and as holiday home — Whether “used in navigation” — Whether mooring charges “ship dues” — Whether power to distrain for non-payment of mooring charges — Harbours, Docks and Piers Clauses Act 1847, s 44 — Harbours Act 1964, ss 26(3), 57(1)

  2 Words & Phrases considered

  2 Statutes considered