Results: 91

• Insured Financial Structures Ltd v Elektrocieplownia Tychy SA

  28 Jan 2003 [2003] EWCA Civ 110; [2003] QB 1260; [2003] 2 WLR 656; [2003] 2 All ER (Comm) 402; [2003] 3 All ER 987, CA

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction
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  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Contract between English company and Polish company providing that Polish courts having non-exclusive jurisdiction to resolve disputes — English company bringing claim in English courts — Whether contract conferring exclusive jurisdiction on Polish courts — Civil Jurisdiction and Judgments Act 1982, Sch 3C (as inserted by Civil Jurisdiction and Judgments Act 1991, s 1(3), Sch 1), art 17(1)

  1 Case considered

  1 Statute considered
• Fawdry & Co v Murfitt (Lord Chancellor intervening)

  14 May 2002 [2002] EWCA Civ 643; [2003] QB 104; [2002] 3 WLR 1354; [2003] 4 All ER 60, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 12.
  JUDGE — Circuit judge — Jurisdiction
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  JUDGE — Circuit judge — Jurisdiction — Judge authorised to sit as judge of Technology and Construction Court — Proceedings brought in Queen's Bench Division transferred to Technology and Construction Court — Parties not notified of transfer — Whether transfer to be invalidated — Whether judge having jurisdiction — CPR r 3.10, Practice Direction 49C supplementing Pt 49, para 2.2

  1 Statutory Instrument considered
• R v Wacker

  31 Jul 2002 [2002] EWCA Crim 1944; [2003] QB 1207; [2003] 2 WLR 374; [2003] 1 Cr App R (S) 92; [2003] 1 Cr App R 329; [2003] Crim LR 108, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 2.
  CRIME — Homicide — Manslaughter
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  CRIME — Homicide — Manslaughter — Joint enterprise — Victims suffocated while being transported as illegal immigrants by defendant — Whether principles of negligence applying to manslaughter — Whether defendant owing duty of care to victims — Proper approach to sentencing

  2 Case(s) considered
• R (Amin) v Secretary of State for the Home Department

  27 Mar 2002 [2002] EWCA Civ 390; [2003] QB 581; [2002] 3 WLR 505; [2002] 4 All ER 336, CA

  18 Nov 2002 (pet all) [2002] 1 WLR 3383, HL(E)

  16 Oct 2003 [2003] UKHL 51; [2004] 1 AC 653; [2003] 3 WLR 1169; [2003] 4 All ER 1264, HL(E)

  Subsequent considerations : 6 positive; 8 neutral. Subsequent citations: 157.
  CORONER — Inquest — Verdict

  HUMAN RIGHTS — Right to life — State's duty to investigate death
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  CORONER — Inquest — Verdict — Death in prison — Prisoner known as suicide risk taking own life — Coroner directing jury not to return verdict referring to neglect — Coroner refusing to append to inquisition jury's note indicating Prison Service's failed duty towards prisoner — Whether jury entitled to return verdict of neglect — Whether inquest meeting state's duty to investigate deaths — Coroners Act 1988, s 11 — Human Rights Act 1998, Sch 1, Pt I, art 2 — Coroners Rules 1984, r 42

  HUMAN RIGHTS — Right to life — State's duty to investigate death — Prisoner murdered by cellmate with history of violence — Secretary of State refusing to hold independent public investigation into death — Nature and scope of procedural duty — Whether public scrutiny and family participation required — Human Rights Act 1998, Sch 1, Pt I, art 2

  6 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (Hoverspeed Ltd) v Customs and Excise Comrs

  31 Jul 2002 [2002] EWHC 1630 (Admin); [2003] QB 1041; [2002] 3 WLR 1219; [2002] 4 All ER 912; [2003] STC 1273, DC

  10 Dec 2002 [2002] EWCA Civ 1804; [2003] QB 1041; [2003] 2 WLR 950; [2003] 2 All ER 553; [2003] STC 1273, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 12.
  REVENUE — Customs and Excise — Importation of dutiable goods
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  REVENUE — Customs and Excise — Importation of dutiable goods — Importation from European Union member states by individuals for personal use — Goods imported in excess of prescribed quantities presumed to be for commercial use and chargeable to further excise duty — Commissioners making checks and seizing goods and vehicle in which goods carried — Whether checks and seizures lawful — Whether goods acquired “for their own use” or “held for commercial purpose” — Customs and Excise Management Act 1979, ss 163, 163A (as inserted by Finance Act 2000, s 26) — Council Directive 92/12/EEC, arts 8, 9

  7 Case(s) considered

  2 Words & Phrases considered

  2 EU Enactments considered

  1 Statute considered

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

  21 Feb 2002 [2002] EWHC 230 (Admin); [2002] 1 WLR 1857; [2002] 3 All ER 293, DC

  20 Dec 2002 [2002] EWCA Civ 1882; [2003] QB 993; [2003] 2 WLR 835; [2003] 1 All ER 613, CA

  29 Apr 2004 [2004] UKHL 18; [2005] 1 AC 1; [2004] 2 WLR 1140; [2004] 3 All ER 65, HL(E)

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 50.
  CRIME — Miscarriage of justice — Statutory compensation
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  CRIME — Miscarriage of justice — Statutory compensation — Court of Appeal quashing claimant's conviction on ground of abuse of process — No complaint by claimant as to correctness of guilty verdict — Claimant seeking compensation — Whether “miscarriage of justice” — Whether claimant entitled to statutory or ex gratia compensation — Criminal Justice Act 1988, s 133 — Human Rights Act 1998, Sch 1, Pt I, art 6(2) — International Covenant on Civil and Political Rights (1977), art 14(6)

  2 Case(s) considered

  1 Words & Phrases considered

  5 Statutes considered

  2 International Agreements considered
• Hamilton v Al Fayed (No 2)

  17 May 2002 [2002] EWCA Civ 665; [2003] QB 1175; [2003] 2 WLR 128; [2002] 3 All ER 641; [2001] EMLR 15, CA

  10 Feb 2003 (pet dis) [2003] 1 WLR 545, HL(E)

  Subsequent considerations : 2 positive; 4 neutral. Subsequent citations: 67.
  COSTS — Discretion of court — Application against non-party
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  COSTS — Discretion of court — Application against non-party — Fighting fund enabling claimant to bring action — Contributors not parties to action — Whether contributors liable for costs of successful defendant — Supreme Court Act 1981, s 51(1)(3) (as substituted by Courts and Legal Services Act 1990, s 4)

  2 Case(s) considered

  1 Statute considered
• R v Cotter (R v Clair, R v Winn)

  10 May 2002 [2002] EWCA Crim 1033; [2003] QB 951; [2003] 2 WLR 115; [2002] 2 Cr App R 405, CA

  03 Jul 2003 (pet dis) [2003] 1 WLR 1811, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  CRIME — Common law offence — Perverting course of justice
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  CRIME — Common law offence — Perverting course of justice — False allegation of racially motivated assault by unidentified assailants — Complaint investigated by police but no arrest made or proceedings commenced — Whether investigation alone sufficient to constitute “course of public justice” — Whether definition of offence complying with requirements of certainty — Human Rights Act 1998, Sch 1, Pt I, art 7

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Donoghue v Folkestone Properties Ltd

  27 Feb 2003 [2003] EWCA Civ 231; [2003] QB 1008; [2003] 2 WLR 1138; [2003] 3 All ER 1101, CA

  09 Oct 2003 (pet dis) [2003] 1 WLR 2547, HL(E)

  Subsequent considerations : 3 positive. Subsequent citations: 14.
  OCCUPIERS' LIABILITY — Trespasser — Harbour
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  OCCUPIERS' LIABILITY — Trespasser — Harbour — Claimant adult trespasser diving into harbour in mid-winter injured by striking submerged grid bed — Owners and occupiers of harbour aware of trespassers diving in harbour at certain times of year — Whether knowing or having reasonable grounds to believe that claimant might come into vicinity of danger — Whether owing duty to claimant — Occupiers' Liability Act 1984, s 1(3)(b)(4)

  2 Case(s) considered

  1 Statute considered
• Three Rivers District Council v Governor and Company of the Bank of England (No 5)

  13 Dec 2002 [2002] EWHC 2730 (Comm)., QBD (Tomlinson J)

  03 Apr 2003 [2003] EWCA Civ 474; [2003] QB 1556; [2003] 3 WLR 667, CA

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 22.
  PRACTICE — Discovery — Privilege
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  Case index catchwords

  PRACTICE — Discovery — Privilege — Legal advice privilege — Action alleging misfeasance in public office in respect of defendant's supervision of bank — Internal documents produced for inquiry into supervision of bank — Legal advice taken in relation to inquiry — Application for disclosure of internal documents — Whether documents sent to solicitors or prepared for purpose of obtaining legal advice privileged

  6 Case(s) considered