Results: 64

• NML Capital Ltd v Republic of Argentina

  29 Jan 2009 [2009] EWHC 110 (Comm); [2009] QB 579; [2009] 2 WLR 1332; [2009] 1 All ER (Comm) 697; [2009] 1 Lloyd's Rep 378, QBD

  04 Feb 2010 [2010] EWCA Civ 41; [2011] QB 8; [2010] 3 WLR 874; [2010] 2 All ER (Comm) 1206; [2010] 2 Lloyd's Rep 442; [2010] WLR (D) 28, CA

  06 Jul 2011 [2011] UKSC 31; [2011] 2 AC 495; [2011] 3 WLR 273; [2011] 4 All ER 1191; [2012] 1 All ER (Comm) 1081; [2011] 2 Lloyd's Rep 628; [2011] WLR (D) 220; Case details, SC(E)

  Subsequent considerations : 4 positive; 1 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 51.
  INTERNATIONAL LAW — State immunity — Foreign judgment

  PRACTICE — Claim form — Service out of jurisdiction
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  Case index catchwords

  INTERNATIONAL LAW — State immunity — Foreign judgment — Claimant obtaining New York judgment against foreign state in respect of default on bonds — Claimant bringing claim in England for enforcement of New York judgment — Whether proceedings in England “relating to … a commercial transaction” — Statutory provision allowing for recognition of judgment of foreign court where court would have had jurisdiction on basis of rules applicable in United Kingdom — Whether provision jurisdictional — Whether applicable only if statutory exception to state immunity applying — Whether terms of bond amounting to submission to English jurisdiction — State Immunity Act 1978, ss 1, 2, 3(1) — Civil Jurisdiction and Judgments Act 1982, s 31(1)

  PRACTICE — Claim form — Service out of jurisdiction — Claimant seeking to serve proceedings on foreign state — Claimant pleading state not immune from suit — Basis of contention legally flawed — Whether procedural error capable of remedy — Whether discretion to permit claimant to argue new bases for jurisdiction — CPR rr 3.10, 6.20(9)

  10 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (BA (Nigeria)) v Secretary of State for the Home Department (R (PE (Cameroon)) v Secretary of State for the Home Department, R (Etame) v Secretary of State for the Home Department)

  23 May 2008 [2008] EWHC 1140 (Admin); [2008] 4 All ER 798; [2009] Imm AR 61, QBD (Blake J)

  26 Feb 2009 [2009] EWCA Civ 119; [2009] QB 686; [2009] 2 WLR 1370; [2009] INLR 284; The Times, 23 March 2009, CA

  26 Nov 2009 [2009] UKSC 7; [2010] 1 AC 444; [2009] 3 WLR 1253; [2010] 2 All ER 95; [2010] Imm AR 363; [2010] INLR 307; [2009] WLR (D) 344; The Times, 1 December 2009; Case details, SC(E)

  Subsequent considerations : 2 negative. Subsequent citations: 47.
  IMMIGRATION — Asylum — Appeal
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  Case index catchwords

  IMMIGRATION — Asylum — Appeal — Claimants' asylum and human rights claims rejected — Deportation orders made — Claimants making representations on asylum and human rights grounds for revocation of deportation orders — Secretary of State refusing to revoke deportation orders — Whether claimants' rights of appeal to Asylum and Immigration Tribunal against refusals exercisable from within United Kingdom — Whether rights so exercisable only where “asylum claim” or “human rights claim” fresh — Nationality, Immigration and Asylum Act 2002, ss 92(4)(a), 113 — Statement of Changes in Immigration Rules (1994) (HC 395), r 353

  7 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Government of the Islamic Republic of Iran v The Barakat Galleries Ltd

  29 Mar 2007 [2007] EWHC 705 (QB), QBD (Gray J)

  21 Dec 2007 [2007] EWCA Civ 1374; [2009] QB 22; [2008] 3 WLR 486; [2008] 1 All ER 1177; [2008] 2 All ER (Comm) 225, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 12.
  CONFLICT OF LAWS — Jurisdiction — Claim by foreign state
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  CONFLICT OF LAWS — Jurisdiction — Claim by foreign state — Recovery of antiquities — Objects excavated and unlawfully removed from Iran — Iranian Government claiming return of objects it had never possessed — Whether obtaining title to objects pursuant to Iranian statute — Whether claim involving enforcement of penal or public law of foreign state — Whether patrimonial claim — Whether English court to recognise or enforce title absent Iranian Government's prior possession

  5 Case(s) considered

• R (Gilboy) v Liverpool City Council

  [2008] EWCA Civ 751; [2008] LGR 521

  15 Oct 2007 [2007] EWHC 2335 (Admin); [2007] LGR 837, KBD

  02 Jul 2008 [2008] EWCA Civ 751; [2009] QB 699; [2009] 3 WLR 300; [2009] PTSR 987; [2008] 4 All ER 127; [2008] LGR 521, CA

  Subsequent citations: 9.
  HOUSING — Demoted tenancy — Proceedings for possession
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  Case index catchwords

  HOUSING — Demoted tenancy — Proceedings for possession — Local housing authority officer deciding to terminate demoted tenancy on ground of anti-social behaviour — Senior officer conducting internal review deciding case for possession made out — Tenant claiming judicial review of review officer's decision — Whether review procedure violating Convention right to fair trial by “independent and impartial tribunal” — Whether permissible to delegate review to officer of another authority — Local Government Act 1972, s 101 — Housing Act 1985, s 82A (as inserted by Anti-social Behaviour Act 2003, s 14(2)) — Housing Act 1996, ss 143D-143F (as inserted by Anti-social Behaviour Act 2003, s 14(5), Sch 1, Pt I) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Demoted Tenancies (Review of Decisions) (England) Regulations 2004, reg 2(2)

  6 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (Kelly) v Secretary of State for Justice (R (Bailey) v Secretary of State for Justice, R (Gibson) v Governor of Wymott Prison)

  12 Mar 2008 [2008] EWCA Civ 177; [2009] QB 204; [2008] 3 WLR 1044; [2008] 3 All ER 844, CA

  Subsequent citations: 10.
  PRISONS — Prisoners’ rights — Release on licence

  STATUTORY INSTRUMENT — Construction — Obvious drafting error
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Long-term prisoners re-released following release on licence and recall — Whether re-release unconditional or on licence — Criminal Justice Act 1991, s 33(3) (as amended by Crime and Disorder Act 1998, ss 104(1), 119, Sch 8, para 80(1)(a)(b)) — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, para 23 (1)(b)

  STATUTORY INSTRUMENT — Construction — Obvious drafting error — Penal provision — Secretary of State making Order commencing statute and containing transitional provisions for early release of prisoners convicted of offences committed before statute coming into force — Provision apparently providing for unconditional early release of certain prisoners — Whether obvious drafting error — Whether permissible to construe Order purposively so as to correct error — Criminal Justice Act 1991, s 33(3) (as amended by Crime and Disorder Act 1998, ss 104(1), 119, Sch 8, para 80(1)(a)(b)) — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, para 23 (1)(b)

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• R v Kenning (R v Blackshaw, R v Fenwick)

  [2008] EWCA Civ 1534

  24 Jun 2008 [2008] EWCA Crim 531; [2009] QB 221; [2008] 3 WLR 1306; [2008] 2 Cr App R 451, CA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  CRIME — Conspiracy — Conspiracy to aid and abet
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  CRIME — Conspiracy — Conspiracy to aid and abet — Defendants charged with conspiracy to aid and abet production of controlled drug — Whether agreement to aid and abet capable of constituting criminal conspiracy — Criminal Law Act 1977, s 1(1) (as substituted by Criminal Attempts Act 1981, s 5)

  1 Case considered

  1 Statute considered
• R (Bradley) v Secretary of State for Work and Pensions (Attorney General intervening)

  07 Feb 2008 [2007] EWHC 242 (Admin); [2009] QB 114; [2008] 3 WLR 1059, QBD (Bean J)

  07 Feb 2008 [2008] EWCA Civ 36; [2009] QB 114; [2008] 3 WLR 1059; [2008] 3 All ER 1116, CA (Wall LJ, Blackburne J, Sir John Chadwick)

  Subsequent considerations : 1 positive; 4 neutral. Subsequent citations: 41.
  PARLIAMENT — Parliamentary Commissioner for Administration — Investigation of complaint
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  Case index catchwords

  PARLIAMENT — Parliamentary Commissioner for Administration — Investigation of complaint — Commissioner investigating complaints of Government maladministration — Commissioner making findings of maladministration and recommendation that compensation be considered — Secretary of State rejecting findings and recommendation — Whether commissioner's findings binding on Secretary of State unless quashed on judicial review or otherwise irrational — Whether Secretary of State entitled to prefer his own view — Whether Secretary of State's rejection of commissioner's findings rational — Whether to be quashed — Parliamentary Commissioner Act 1967 (as amended by Domestic Violence, Crime and Victims Act 2004, s 47, Sch 7, paras 1, 5), ss 5, 10

  4 Case(s) considered

  1 Statute considered

• Spencer v Secretary of State for Work and Pensions

  27 Jul 2007 [2007] EWHC 1775 (QB); [2008] 1 CMLR 32, QBD (Holland J)

  01 Jul 2008 [2008] EWCA Civ 750; [2009] QB 358; [2009] 2 WLR 593; [2008] ICR 1359; [2009] 1 All ER 314; [2009] RTR 39, CA

  27 Oct 2008 (pet dis) [2009] ICR 262, HL(E)

  Subsequent citations: 5.
  LIMITATION OF ACTION — Breach of Community law — Claim for damages
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  Case index catchwords

  LIMITATION OF ACTION — Breach of Community law — Claim for damages — United Kingdom failing to implement provisions of Community Directive — Claimant seeking damages for consequential loss on failure of personal injury claim against tortfeasor — Whether cause of action against United Kingdom accruing at time personal injury suffered — Whether claim statute-barred — Limitation Act 1980, s 2 — Council Directive 84/5/EEC, art 1(4) — Council Directive 89/391/EEC, art 6(2)

  1 Case considered

  2 EU Enactments considered

  1 Statute considered

• In re Corby Group Litigation

  08 May 2008 [2008] EWCA Civ 463; [2009] QB 335; [2009] 2 WLR 609; [2009] 4 All ER 44, CA

  NUISANCE — Public nuisance — Tort
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  Case index catchwords

  NUISANCE — Public nuisance — Tort — Whether damages for personal injury recoverable

  2 Case(s) considered

• Moore v Secretary of State for Transport

  20 Apr 2007 [2007] PIQR P 348; [2007] EWHC 879 (QB), QBD (Eady J)

  01 Jul 2008 [2008] EWCA Civ 750; [2009] QB 358; [2009] 2 WLR 593; [2008] ICR 1359, CA

  WALLER LJ These two appeals were heard together, since in each is raised the question as to when a cause of action for Francovich damages (damages against a government for failing to implement Community law) accrues and as to whether the actions are barred by limitation: see Francovich v Italian Republic (Joined Cases C-6/90 and C-9/90) [1995] ICR 722. In each case the claimant suffered personal injuries. In one case Mr Moore was injured by an untraced driver and received compensation from the Motor Insurers’ Bureau (“MIB”) under the Motor Insurers’ Bureau (Compensation of Victims of Untraced Drivers) Agreement 1972,
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  1 Case considered