Results: 469

• Van Duyn v Home Office

  01 Mar 1974 [1974] 1 WLR 1107; [1974] 3 All ER 178, Ch D (Pennycuick V-C)

  04 Dec 1974 (Case C-41/74); (Case C-41/74); (Case C-41/74); EU:C:1974:133; [1975] Ch 358; [1975] 2 WLR 760; [1975] 3 All ER 190, ECJ

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2008. Subsequent citations: 68.
  EUROPEAN COURT OF JUSTICE — Reference to — Preliminary decision

  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Public policy

  IMMIGRATION — Refusal of entry — Public policy
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  Case index catchwords

  EUROPEAN COURT OF JUSTICE — Reference to — Preliminary decision — Issues of fact and national law — Whether to be determined before reference — Whether question to be framed for answer simply as interpretation

  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Public policy — Organisation contrary to public good — Lawful for United Kingdom nationals to work in organisation — Whether other community workers free to enter United Kingdom and work for organisation — Scientology — Difference between regulation and directive — EEC Treaty (Cmnd 5179-II), arts 48, 177, 189 — Council Directive (64/221/EEC), art 3 (1)

  IMMIGRATION — Refusal of entry — Public policy — National of member state of European Economic Community wishing to enter UK to accept employment with scientology establishment — Establishment's activities contrary to public policy but not unlawful — Whether refusal lawful — Whether based exclusively on “personal conduct of the individual concerned” — Whether alien having right of action — EEC Treaty (Cmnd 5179–II, arts 48, 177, 189 — EEC Directive No 64/221, art 3 — RSC, Ord 114, r 2

  1 Case considered

  2 EU Enactments considered

  1 Statutory Instrument considered
• R v Vickers (Vickers v Director of Public Prosecutions)

  14 Mar 1975 [1975] 1 WLR 811; [1975] 2 All ER 945; 61 Cr App R 48, CA

  11 Apr 1975 (pet dis) [1975] 1 WLR 924, HL(E)

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 9.
  CRIME — Court of Appeal — Jurisdiction

  CRIME — Drugs — Assisting in commission of offence outside United Kingdom

  CRIME — Practice — Judge's ruling
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  Case index catchwords

  CRIME — Court of Appeal — Jurisdiction — Ruling on agreed facts before pleading to charge — Plea of guilty consequent on ruling — Whether jurisdiction to set aside conviction — Criminal Appeal Act 1968, s 2 (1) (b)

  CRIME — Drugs — Assisting in commission of offence outside United Kingdom — Taking containers from England to foreign country knowing drugs to be inserted and illegally imported elsewhere — Whether case to answer — Misuse of Drugs Act 1971, s 20

  CRIME — Practice — Judge's ruling — Submissions on agreed facts before plea — Whether proper

  1 Case considered

  2 Statutes considered
• Husband’s of Marchwood Ltd v Drummond Walker Developments Ltd

  31 Jan 1975 [1975] 1 WLR 603; [1975] 2 All ER 30, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  PRACTICE — Discovery — Failure to comply with order for
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  PRACTICE — Discovery — Failure to comply with order for — Summons to debar defendants from defending — Belated discovery shortly before summons heard — Defendants ordered to make payment into court or be debarred from defending — Whether proper order — RSC, Ord 24, r 16 (1)

  1 Statutory Instrument considered
• Vandyk v Oliver

  10 Feb 1975 [1976] AC 659; [1975] 2 WLR 797; [1975] 2 All ER 264; 73 LGR 305, CA

  28 Jan 1976 [1976] AC 659; [1976] 2 WLR 235; [1976] 1 All ER 466; 74 LGR 190, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  RATING — Health and welfare — Exempt structure
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  RATING — Health and welfare — Exempt structure — Ratepayer disabled by illness needing after-care — Ratepayer providing accommodation for himself and family — Premises chosen and adapted for his needs — Whether local authority or voluntary organisation empowered to provide similar structure — Whether premises exempt from rating — National Health Service Act 1946, s 28 (1) — National Assistance Act 1948, s 29 (1) — General Rate Act 1967, s 45 (b) (c) (d)

  3 Case(s) considered

  6 Statutes considered

• Price Bros (Somerford) Ltd v J Kelly Homes (Stoke-on-Trent) Ltd

  16 May 1975 [1975] 1 WLR 1512; [1975] 3 All ER 369, CA

  LAND REGISTRATION — Register — Rectification
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  LAND REGISTRATION — Register — Rectification — Cautions entered against dealings in land — Exercise of discretion to vacate caution when no serious issue to be tried — Land Registration Act 1925, s 82 (1) (b) — Land Charges Act 1972, s 5 (10)

  1 Case considered

  2 Statutes considered
• Evenden v Guildford City Association Football Club Ltd

  23 Jul 1974 [1974] ICR 554, NIRC

  25 Apr 1975 [1975] QB 917; [1975] 3 WLR 251; [1975] ICR 367; [1975] 3 All ER 269, CA

  Subsequent considerations : 2 positive; 3 negative. Subsequent citations: 19.
  EMPLOYMENT — Redundancy — Continuous employment

  ESTOPPEL — Conduct, by — Equitable
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  Case index catchwords

  EMPLOYMENT — Redundancy — Continuous employment — Employee changing employer after 13 years — Assurances from new employer that continuity of employment preserved — Dismissal for redundancy — Whether employers estopped from denying continuity — Whether presumption of continuity applicable — Redundancy Payments Act 1965, s 9 (2)

  ESTOPPEL — Conduct, by — Equitable — Promissory — Employee changing employer — Assurance from new employer that continuity of employment preserved — Whether promissory estoppel

  1 Case considered

  2 Statutes considered
• General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd

  [1974] FSR 122; [1975] RPC 203, CA

  16 Apr 1975 [1975] 1 WLR 819; [1975] 2 All ER 173, HL(E)

  Subsequent considerations : 4 positive; 1 negative. Subsequent citations: 58.
  INTEREST — Award of damages — Infringement of patent

  PATENT — Damages for infringement — Basis of assessment
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  INTEREST — Award of damages — Infringement of patent — Whether interest to run from date when cause of action arose — Exercise of discretion — Whether normal commercial practice to be taken into account — Law Reform (Miscellaneous Provisions) Act 1934, s 3 (1) — Patents Act 1949, s 13 (4)

  PATENT — Damages for infringement — Basis of assessment — Patent exploited by inventor by grant of licences for royalties — Whether correct basis of damages royalties infringer would have paid for licence to use invention lawfully — Whether cause of action arising on publication of complete specification — Date from which interest on damages to run — Law Reform (Miscellaenous Provisions) Act 1934, s 3 (1) — Patents Act 1949, s 13 (4)

  5 Case(s) considered

  2 Statutes considered
• In re Armvent Ltd

  11 Jul 1975 [1975] 1 WLR 1679; [1975] 3 All ER 441, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 11.
  COMPANY — Winding up — Misfeasance
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  Case index catchwords

  COMPANY — Winding up — Misfeasance — Petition by Department of Trade — Evidence — Inspectors' report to department — Petition opposed — Report not challenged by evidence — Whether report sufficient evidence to support petition — Companies Act 1948, ss 165 (b), 168

  2 Case(s) considered

  1 Statute considered
• R v Race Relations Board, Ex parte Selvarajan (Selvarajan, Ex parte)

  30 Jul 1975 [1975] 1 WLR 1686; [1976] 1 All ER 12, CA

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 14.
  DISCRIMINATION, RACE — Race Relations Board — Functions

  NATURAL JUSTICE — Statutory board — Duty to be fair
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  Case index catchwords

  DISCRIMINATION, RACE — Race Relations Board — Functions — Complaint of unlawful discrimination upheld by conciliation committee — Decision by board to reinvestigate — Report by officer of board recommending finding of no discrimination — Only three members in possession of all papers — Whether board under obligation to act fairly — Whether board entitled to delegate — Race Relations Act 1968, s 15 (3) (5)

  NATURAL JUSTICE — Statutory board — Duty to be fair — Race Relations Board — Procedure
• Wallersteiner v Moir (No 2) (Moir v Wallersteiner)

  Note to Scarman LJ's judgment [1975] QB 508, CA

  29 Jan 1975 [1975] QB 373; [1975] 2 WLR 389; [1975] 1 All ER 849, CA (Lord Denning, M.R., Buckley and Scarman L.JJ.)

  Subsequent considerations : 7 positive; 5 neutral; 2 negative. Subsequent citations: 92.
  COMPANY — Shareholder — Rights against company or directors

  INTEREST — Award of damages — Equitable jurisdiction

  LEGAL AID — Certificate — Eligibility

  SOLICITOR — Costs — Contingency fee agreement
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  Case index catchwords

  COMPANY — Shareholder — Rights against company or directors — Costs of action by minority shareholder — Derivative action on behalf of company — Whether plaintiff entitled to indemnity for costs — Procedure to be followed

  INTEREST — Award of damages — Equitable jurisdiction — Breach of fiduciary duty — Director's profit at company's expense — Whether compound interest recoverable — Judgment in default of pleadings — Whether proceedings “tried” — Law Reform (Miscellaneous Provisions) Act 1934, s 3 (1)

  LEGAL AID — Certificate — Eligibility — Minority shareholder's action on behalf of company — Whether plaintiff “person” entitled to legal aid — Legal Aid Act 1974, s 25

  SOLICITOR — Costs — Contingency fee agreement — Minority shareholder's action — Whether contingency fee contrary to public policy

  5 Case(s) considered

  2 Words & Phrases considered