Results: 68

• Bank Mellat v HM Treasury (No 2)

  11 Jun 2010 [2010] EWHC 1332 (QB); [2010] Lloyd's Rep FC 504; [2010] WLR (D) 148, QBD (Mitting J)

  13 Jan 2011 [2011] EWCA Civ 1; [2012] QB 101; [2011] 3 WLR 714; [2011] 2 All ER 802, CA

  19 Jun 2013 [2013] UKSC 38; [2013] UKSC 39; [2014] AC 700; [2013] 3 WLR 179; [2013] 4 All ER 495; [2013] 4 All ER 533; [2013] Lloyd's Rep FC 580; [2013] HRLR 30; [2013] WLR (D) 244, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Dyson MR, Lord Hope of Craighead DPSC, Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Reed, Lord Carnwath JJSC)

  Subsequent considerations : 21 positive; 5 neutral; 4 negative; most recently considered: 2022. Subsequent citations: 353.
  STATUTORY INSTRUMENT — Validity — -

  CROWN — Order in Council — Validity

  SUPREME COURT — Jurisdiction — Evidence
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  STATUTORY INSTRUMENT — Validity — - — Order directing persons operating in UK financial sector not to do business with claimant with aim of inhibiting development of nuclear weapons by Iran— Whether claimant should have been given opportunity to make representations before order made— Whether order “proportionate” having regard to risk to national interests of United Kingdom posed by Iranian development of nuclear weapons— Human Rights Act 1998, Sch 1, Pt I, art 6(1), Pt II, art 1— Counter-Terrorism Act 2008, Sch 7, paras 1(4), 9(6)— Financial Restrictions (Iran) Order 2009 (SI 2009/2725)

  CROWN — Order in Council — Validity — Treasury making Order in Council containing direction prohibiting transactions or business relationships with Iranian bank in order to prevent facilitation of production of nuclear weapons in Iran— Bank not given opportunity to make representations before making of Order— Bank applying to set aside direction— Whether requirement that least measure be used— Whether existence of less intrusive measure use of which would not significantly compromise legitimate aim of restriction relevant to its proportionality— Whether Order proportionate— Whether procedurally flawed— Whether Parliament excluding common law right to make representations before direction made— Whether Convention right to fair hearing engaged when direction made and laid before Parliament— Whether statutory procedure breaching Convention rights— Whether Order lawful— Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6, Pt II, art 1 — Counter-Terrorism Act 2008 (c 28), ss 62, 63, Sch 7

  CROWN — Order in Council — Validity — Treasury making Order in Council containing direction prohibiting transactions or business relationships with Iranian bank in order to prevent facilitation of production of nuclear weapons in Iran— Bank not given opportunity to make representations before making of Order— Bank applying to set aside direction— Whether requirement that least measure be used— Whether Order proportionate— Whether procedurally flawed— Whether Parliament excluding common law right to make representations before direction made— Whether statutory procedure breaching Convention rights— Whether Order lawful— Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6, Pt II, art 1 — Counter-Terrorism Act 2008 (c 28), ss 62, 63, Sch 7

  SUPREME COURT — Jurisdiction — Evidence — Closed material procedure— Order in Council containing direction prohibiting transactions or business relationships with Iranian bank in order to prevent facilitation of production of nuclear weapons in Iran— Bank’s appeal from court’s refusal to set aside Order— Treasury proposing to rely on closed material in resisting appeal— Whether jurisdiction for Supreme Court to entertain closed material— Whether appropriate to entertain material— Constitutional Reform Act 2005 (c 4), s 40

  8 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument considered
• R (Sinclair Collis Ltd) v Secretary of State for Health

  17 Jun 2011 [2011] EWCA Civ 437; [2012] QB 394; [2012] 2 WLR 304; [2011] WLR (D) 200, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 19.
  EUROPEAN UNION — Public health — Anti-smoking measures
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  EUROPEAN UNION — Public health — Anti-smoking measures — Secretary of State making regulations prohibiting sale of tobacco from automatic vending machines — Serious adverse effect on owners of vending machines and on suppliers in other EU member states — Prohibition imposing quantitative restriction on imports and concerning right to peaceful enjoyment of possessions — Proper margin of appreciation to be accorded to decision-maker — Whether protection of public health justifying restrictions — Whether prohibition violating principle of proportionality — Children and Young Persons (Protection from Tobacco) Act 1991 s 3A (as inserted by Health Act 2009, s 22) — Human Rights Act 1998, Sch 1, Pt II, art 1 — Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010, reg 2(1) — FEU Treaty, arts 34FEU, 36FEU

  4 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Woolas) v Parliamentary Election Court

  03 Dec 2010 [2010] EWHC 3169 (Admin); [2012] QB 1; [2011] 2 WLR 1362; [2010] WLR (D) 317, DC

  Subsequent citations: 12.
  PARLIAMENT — Election — Illegal practice
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  PARLIAMENT — Election — Illegal practice — Successful parliamentary candidate making false statements of fact relating to rival candidate in election leaflets — Parliamentary election court finding candidate guilty of illegal practice and declaring election void — Whether determination of election court on issue of law amenable to judicial review — Whether statements “in relation to personal character or conduct” of rival candidate — Relevance of Convention rights — Representation of the People Act 1983, s 106(1) — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10, Pt II, art 3

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (ToTel Ltd) v First-tier Tribunal (Tax Chamber)

  24 Mar 2011 [2011] EWHC 652 (Admin); [2012] QB 358; [2012] 2 WLR 435; [2011] STC 1485, QBD (Simon J)

  31 Oct 2012 [2012] EWCA Civ 1401; [2013] QB 860; [2013] 2 WLR 1136; [2013] STC 1557; [2012] WLR (D) 303, CA

  Subsequent citations: 9.
  REVENUE — Value added tax — Appeal
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  REVENUE — Value added tax — Appeal — Taxpayer appealing commissioners’ assessment for recovery of previously credited input VAT — Taxpayer applying on hardship grounds not to pay disputed tax before appeal entertained — Commissioners and tribunal refusing hardship application — Whether abolition of right of appeal against tribunal’s hardship decision unlawful — Whether requirement to pay disputed input tax prior to appeal incompatible with European Union law — Whether taxpayer’s Convention rights infringed — Value Added Tax Act 1994, s 84(3)(3B)(3C) (as amended by Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, art 3, Sch 1, paras 216, 221(1)(3)(5)) — Human Rights Act 1998, Sch 1, Pt I, art 6, Pt II, art 1 — Tribunals, Courts and Enforcement Act 2007, s 11 — Finance Act 2008, s 124

  7 Case(s) considered

  4 Statutes considered

• Simpson v Norfolk and Norwich University Hospital NHS Trust

  12 Oct 2011 [2011] EWCA Civ 1149; [2012] QB 640; [2012] 2 WLR 873; [2012] 1 All ER 1423; [2011] WLR (D) 294, CA

  Subsequent citations: 8.
  MAINTENANCE OF SUIT — Champerty — Assignment of cause of action
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  MAINTENANCE OF SUIT — Champerty — Assignment of cause of action — Assignor bringing claim for damages for personal injury against hospital in respect of hospital-acquired infection — Assignor purporting to assign claim to claimant for £1 — Whether claim capable of assignment — Claimant seeking to pursue campaign against hospital regarding hospital-acquired infections — Whether claimant having sufficient interest in claim for assignment to be valid — Whether assignment champertous — Whether void — Whether unlawful interference with Convention right to peaceful enjoyment of possessions — Law of Property Act 1925, s 136 — Human Rights Act 1998, Sch 1, Pt II, art 1

  6 Case(s) considered

  2 Statutes considered
• R (British Sky Broadcasting Ltd) v Central Criminal Court

  20 Dec 2011 [2011] EWHC 3451 (Admin); [2012] QB 785; [2012] 3 WLR 78, DC

  05 Jul 2012 (appn all) [2012] 1 WLR 3288, SC(E)

  12 Mar 2014 (B intervening) [2014] UKSC 17; [2014] AC 885; [2014] 2 WLR 558; [2014] 2 All ER 705; [2014] WLR (D) 123; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 17.
  CRIME — Evidence — Production order
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  CRIME — Evidence — Production order — Judge on application for production order against broadcaster hearing evidence not made available to broadcaster — Production order made — Common law principle of fairness requiring party to have access to evidence on which case against him based — Whether principle applicable on application for production order — Whether procedure adopted unfair — Whether order to be quashed — Police and Criminal Evidence Act 1984, Sch 1, paras 4, 7

  4 Case(s) considered

  1 Statute considered

• Lovat v Hertsmere Borough Council

  27 Oct 2011 [2011] EWCA Civ 1185; [2012] QB 533; [2012] 2 WLR 420; [2011] WLR (D) 306, CA

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Additional right to enfranchisement in cases where tenancy not at low rent — Tenant holding underlease of property comprising house and grounds situated in park belonging to freeholder in designated rural area — Tenant serving notice of desire to acquire freehold of house and grounds — Freeholder disputing entitlement to enfranchise — Whether “house which the tenant occupies under the tenancy” including house and grounds — Whether park “adjoining land … not occupied for residential purposes” — Whether underlease “excluded tenancy” — Whether tenant entitled to acquire freehold — Leasehold Reform Act 1967, s 1AA(1)(3) (as inserted by Housing Act 1996, s 106, Sch 9, para 1 and amended by Commonhold and Leasehold Reform Act 2002, s 141)

  2 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered
• R (Maftah) v Secretary of State for Foreign and Commonwealth Affairs (R (Khaled) v Secretary of State for Foreign and Commonwealth Affairs)

  23 Jul 2010 [2010] EWHC 1868 (Admin) {0} {1}; [2011] ACD 12, QBD (Keith J)

  13 Apr 2011 [2011] EWCA Civ 350; [2012] QB 477; [2012] 2 WLR 251; [2011] WLR (D) 135; The Times, 21 April 2011, CA (Lord Judge CJ, Sedley, Smith LJJ)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 19.
  HUMAN RIGHTS — Fair trial — Determination of “civil rights and obligations”
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  HUMAN RIGHTS — Fair trial — Determination of “civil rights and obligations” — Claimants designated as suspected of association with terrorism — Designation having effect of freezing claimants’ assets and placing release of funds at discretion of executive — Whether challenge to freezing order by way of judicial review involving determination of claimants’ “civil rights” — United Nations Act 1946, s 1 — Human Rights Act 1998, Sch 1, Pt I, art 6.1 — Terrorism (United Nations Measures) Order 2006, art 4

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• Lane v Cullens Solicitors

  11 May 2011 [2011] EWCA Civ 547; [2012] QB 693; [2012] 2 WLR 821; [2011] WLR (D) 157, CA

  LIMITATION OF ACTION — Negligence — Accrual of cause of action
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  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Personal representative distributing sums out of estate notwithstanding notification of third party claim — Solicitors alleged to have failed to advise — Personal representative claiming damages against solicitors for professional negligence — Whether personal representative altering position to detriment and suffering loss when distributions made — Whether third party claim contingent or vested at time distributions made — Whether relevant in determining when cause of action accruing — Whether claim against solicitors statute-barred — Limitation Act 1980, s 2

  4 Case(s) considered

  1 Statute considered

• R v Carpenter

  11 Nov 2011 [2011] EWCA Crim 2568; [2012] QB 722; [2012] 2 WLR 1414; [2012] 1 Cr App R 141; [2011] WLR (D) 328, CA

  CRIME — Homicide — Manslaughter
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  CRIME — Homicide — Manslaughter — Joint enterprise — Principal fatally stabbing victim with intent to kill — Defendant aware principal armed with knife — Defendant charged with murder as secondary party — Defendant acquitted of murder but convicted of manslaughter — Whether manslaughter available as alternative verdict to murder where defendant foreseeing harm falling short of really serious injury

  3 Case(s) considered