Results: 60

• R (Kind) v Secretary of State for the Environment, Food and Rural Affairs

  27 Jun 2005 [2005] EWHC 1324 (Admin); [2006] QB 113; [2005] 3 WLR 616; [2005] RTR 333, QBD

  Subsequent citations: 2.
  HIGHWAY — Right of way — Definitive map
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  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendant refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendants refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  1 Case considered

  1 Statute considered
• Gruber v BayWa AG

  20 Jan 2005 (Case C-464/01); EU:C:2005:32; [2006] QB 204; [2006] 2 WLR 205, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 14.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Consumer contracts

  EUROPEAN UNION — Brussels Convention — Article 13, first paragraph
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  CONFLICT OF LAWS — Jurisdiction under European Convention — Consumer contracts — Contract for supply of goods partly for private and partly for business purposes — Whether consumer contract — Circumstances to be taken into account by court seised — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), Pt II, s 4

  EUROPEAN UNION — Brussels Convention — Article 13, first paragraph — Conditions for application — Definition of 'consumer contract' — Purchase of tiles by a farmer for roofing a farm building used partly for private and partly for business purposes

  2 Case(s) considered

  1 International Agreement considered
• Moat Housing Group-South Ltd v Harris

  16 Mar 2005 [2005] EWCA Civ 287; [2006] QB 606; [2005] 3 WLR 691; [2005] 4 All ER 1051; [2005] 2 FLR 551, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 26.
  INJUNCTION — Anti-social behaviour — Power of arrest
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  INJUNCTION — Anti-social behaviour — Power of arrest — Registered social landlord obtaining anti-social behaviour injunction without notice against tenant — Injunction including provision ousting tenant from property — Power of arrest attached — Whether injunction to be granted — Whether ouster provision necessary and proportionate — Whether power of arrest appropriate — Housing Act 1996, ss 153A, 153C, 153D (as inserted by Anti-social Behaviour Act 2003, s 13(1)(3))

  INJUNCTION — Anti-social behaviour — Power of arrest — Registered social landlord obtaining anti-social behaviour injunction without notice against tenant — Injunction including provision ousting tenant from property — Power of arrest attached — Whether injunction to be granted — Whether ouster provision necessary and proportionate — Whether power of arrest appropriate — Housing Act 1996, ss 153 A, 153C, 153D (as inserted by Anti-social Behaviour Act 2003, s 13(1)(3))

  1 Case considered

  1 Statute considered
• Desnousse v Newham London Borough Council

  17 May 2006 [2006] EWCA Civ 547; [2006] QB 831; [2006] 3 WLR 349; [2007] 2 All ER 218; [2007] LGR 368, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 8.
  LOCAL GOVERNMENT — Homeless persons — Temporary accommodation
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  LOCAL GOVERNMENT — Homeless persons — Temporary accommodation — Claimant applying for accommodation as homeless person — Local housing authority providing accommodation pending final decision — Housing authority finding that claimant homeless intentionally — Accommodation provided for further 28 days to enable claimant to secure accommodation herself — Whether accommodation “premises occupied as a dwelling under a licence” — Whether owner obliged to obtain court order before evicting claimant — Protection from Eviction Act 1977, s 3(2B) (as inserted by Housing Act 1988, s 30(2)) — Housing Act 1996, ss 188(1), 190(2)(a) — Human Rights Act 1998, Sch 1, Pt I, art 8

  3 Case(s) considered

  1 Words & Phrases considered

  3 Statutes 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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  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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  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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  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 v Grant (Edward)

  04 May 2005 [2005] EWCA Crim 1089; [2006] QB 60; [2005] 3 WLR 437; [2005] 2 Cr App R 409, CA

  Subsequent considerations : 1 negative. Subsequent citations: 14.
  CRIME — Abuse of process — Police conduct
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  CRIME — Abuse of process — Police conduct — Defendant's conversations with solicitor unlawfully tape recorded by police while in police custody — Defendant charged with conspiracy to murder — Defendant suffering no prejudice in consequence of relevant unlawful acts — Whether prosecution abuse of process of court — Whether conviction unsafe

  2 Case(s) considered
• Douglas v Hello! Ltd (No 3)

  11 Apr 2003 [2003] EWHC 786 (Ch); [2003] 3 All ER 996, Ch D (Lindsay J)

  18 May 2005 [2005] EWCA Civ 595; [2006] QB 125; [2005] 3 WLR 881; [2005] 4 All ER 128, CA

  09 Nov 2005 (pet all) [2005] 1 WLR 3732, HL(E)

  02 May 2007 [2007] UKHL 21; [2008] AC 1; [2007] 2 WLR 920; [2007] Bus LR 1600; [2007] 4 All ER 545; [2008] 1 All ER (Comm) 1, HL(E)

  Subsequent considerations : 4 positive; 6 neutral. Subsequent citations: 199.
  CONFIDENTIAL INFORMATION — Breach of confidence — Damages
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  CONFIDENTIAL INFORMATION — Breach of confidence — Damages — Celebrity couple granting magazine exclusive rights to publish selected photographs of wedding — Photography forbidden at wedding except by couple's official photographer — Publication by rival magazine of photographs taken surreptitiously — Whether couple entitled to damages for breach of confidence — Whether resulting restriction on freedom of expression “prescribed by law” — Whether couple's right to protect private information transferable to authorised publisher — Whether authorised publisher having cause of action against rival publisher for economic torts of unlawful interference with business or conspiracy to injure — Measure of damages — Human Rights Act 1998, s 12(3)(4), Sch 1, Pt I, arts 8, 10

  17 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Baldock v Webster

  21 Dec 2004 [2004] EWCA Civ 1869; [2006] QB 315; [2006] 2 WLR 1; [2005] 3 All ER 655, CA

  Subsequent citations: 3.
  JUDGE — Recorder — Jurisdiction
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  Case index catchwords

  JUDGE — Recorder — Jurisdiction — Recorder sitting in Queen's Bench Division although not authorised to sit — Recorder mistakenly believing proceedings to be in county court — Parties believing recorder to be authorised — Whether recorder's decision valid as decision of de facto judge

  2 Case(s) considered