Results: 365

• R v Secretary of State for Transport, Ex p Factortame Ltd (No 3)

  22 Mar 1989 [1989] 2 CMLR 353, CA (Lord Donaldson MR)

  25 Jul 1991 (Case C-221/89); EU:C:1991:320; [1992] QB 680; [1992] 3 WLR 288; [1991] 3 All ER 769; [1991] 2 Lloyd's Rep 648; The Times, 16 September 1991; The Independent, 25 July 1991, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 22.
  EUROPEAN COMMUNITY — Freedom of establishment — Business activity
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  EUROPEAN COMMUNITY — Freedom of establishment — Business activity — Registration of fishing vessels — Imposition of nationality, residence and domicile conditions on owners, managers and controllers of vessels — Power to dispense with nationality requirement — Applicability of Community law to conditions — Compatibility of conditions with Community law — Merchant Shipping Act 1988, s 14 — EEC Treaty, art 52

  5 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Overseas Union Insurance Ltd v New Hampshire Insurance Co

  27 Jun 1991 (Case C-351/89); EU:C:1991:279; [1992] QB 434; [1992] 2 WLR 586; [1992] 2 All ER 138; [1992] 1 Lloyd's Rep 204; The Times, 20 August 1991, ECJ (G F Mancini P, Judges T F O'Higgins, C N Kakouris, F A Schockweiler and P J G Kapteyn Advocate General W van Gerven)

  09 Sep 1998 [1992] 1 Lloyd's Rep 218; The Times, 27 September 1988, QBD (Hirst J)

  Subsequent considerations : 3 positive; 4 neutral. Subsequent citations: 45.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention
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  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Defendants to proceedings in France challenging jurisdiction — Subsequent proceedings in England involving same cause of action and parties — Whether English court bound to decline jurisdiction or stay proceedings — Whether parties' domicile relevant — Whether jurisdiction of French court open to examination — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 21

  1 Case considered

  1 Statute considered
• Owens Bank Ltd v Bracco

  19 Jul 1990 The Times, 29 August 1990, QBD (Sir Peter Pain)

  27 Mar 1991 [1992] 2 AC 443; [1992] 2 WLR 127; [1991] 4 All ER 833; The Times, 15 April 1991, CA (Parker, Balcombe and Ralph Gibson LJJ)

  01 Apr 1992 [1992] 2 AC 443; [1992] 2 WLR 621; [1992] 2 All ER 193, HL(E) (Lord Griffiths, Lord Bridge of Harwich, Lord Ackner, Lord Goff of Chieveley and Lord Browne-Wilkinson)

  20 Jan 1994 (Case C-129/92); EU:C:1994:13; [1994] QB 509; [1994] 2 WLR 759; [1994] 1 All ER 336, ECJ

  Subsequent considerations : 1 positive; 2 neutral; 2 negative; most recently considered: 2022. Subsequent citations: 78.
  CONFLICT OF LAWS — Foreign judgment — Jurisdiction to enforce

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention
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  CONFLICT OF LAWS — Foreign judgment — Jurisdiction to enforce — Judgment against defendants in St Vincent court — Defendants alleging fraud — Application by plaintiff to register St Vincent judgment — Application opposed on ground of fraud — Whether defendants required to adduce fresh evidence — Administration of Justice Act 1920, s 9

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Judgment against defendants by St Vincent court — Defendants alleging fraud — Proceedings in Italian courts for enforcement of St Vincent judgment raising issue of fraud — Subsequent commencement of English proceedings to register St Vincent judgment — Defendants seeking stay of English proceedings in reliance on Convention — Whether jurisdiction Convention of European Communities applying to non-contracting states — Whether stay to be granted — Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 21, 22, 23

  6 Case(s) considered

  2 Statutes considered
• Shevill v Presse Alliance SA

  12 Mar 1991 [1996] AC 959; [1992] 2 WLR 1; [1992] 1 All ER 409; The Times, 13 March 1991, CA (Purchas, Taylor and Beldam LJJ)

  07 Mar 1995 (Case C-68/93); EU:C:1995:61; [1995] 2 AC 18; [1995] 2 WLR 499; [1995] All ER (EC) 289; [1995] ECR I-415, ECJ

  24 Jul 1996 [1996] AC 959; [1996] 3 WLR 420; [1996] 3 All ER 929, HL(E)

  Subsequent considerations : 6 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 108.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention
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  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Libel action in England against French publisher of newspaper distributed in several contracting states — Small circulation in United Kingdom — Claim restricted to publication in England — Whether having jurisdiction to entertain claim — Appropriate forum for action — Location of “place where the harmful event occurred” — Law applicable for determining existence and extent of harm — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 5(3)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• R v Palmer

  31 Jan 1992 [1992] 1 WLR 568; [1992] 3 All ER 289; 95 Cr App R 170, CA

  Subsequent considerations : 1 neutral; 2 negative. Subsequent citations: 1.
  CONTEMPT OF COURT — Sentence — Crown Court's powers
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  CONTEMPT OF COURT — Sentence — Crown Court's powers — Observer at court threatening witnesses — Whether court empowered to make probation order

  1 Case considered
• R v Governor of Pentonville Prison, Ex parte Alves

  29 Oct 1992 [1993] AC 284; [1992] 3 WLR 844; [1992] 4 All ER 787; 97 Cr App R 135, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 25.
  EXTRADITION — Committal proceedings — Evidence
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  EXTRADITION — Committal proceedings — Evidence — Alleged accomplice's statement before Swedish court implicating accused — Accomplice retracting statement in committal proceedings — Whether statement capable of forming basis for committal — Whether magistrate required to consider Swedish court's jurisdiction — Extradition Act 1989, Sch 1, para 7(1) — Sweden (Extradition) Order 1966, Sch 1, arts 1, 3

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Phillip v Director of Public Prosecutions (Phillip v Comr of Prisons)

  10 Dec 1991 [1992] 1 AC 545; [1992] 2 WLR 211; [1992] 1 All ER 665, PC

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  HABEAS CORPUS — Jurisdiction — Pre-trial pardon

  CONSTITUTION — Trinidad and Tobago — Constitution
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  HABEAS CORPUS — Jurisdiction — Pre-trial pardon — Insurgents granted pardon in return for release of captives — Detention and prosecution of insurgents for offences committed during insurrection — Prima facie case that insurgents validly pardoned — Whether entitled to writ of habeas corpus — Whether court determining habeas corpus proceedings having jurisdiction to determine validity of pardon — Trinidad and Tobago

  CONSTITUTION — Trinidad and Tobago — Constitution — Human rights and fundamental freedoms — Insurgents granted pardon — Detention and prosecution for offences committed during insurrection — Application for redress alleging prosecution breach of constitutional rights — Whether applicants entitled to raise pardon prior to arraignment — Constitution of the Republic of Trinidad and Tobago Act, Sch, ss 4(a)(b), 14(1)(2) — Criminal Procedure Act, s 32

  1 Case considered

  2 Overseas Enactments considered
• In re M (Restraint Order) (No 1)

  18 Feb 1991 [1992] QB 377; [1992] 2 WLR 340; [1992] 1 All ER 537; The Times, 17 April 1991, QBD (Otton J)

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  CRIME — Drugs — Restraint order
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  CRIME — Drugs — Restraint order — Defendant carrying on business under terms of restraint order — Business facing demands from creditors — Voluntary arrangement of affairs order preventing commencement or continuation of legal proceedings against defendant or his property without leave of county court — Whether Crown's application for receiver requiring leave — Whether defendant having locus standi to apply for receiver — Drug Trafficking Offences Act 1986, ss 8(1)(6), 15(3) — Insolvency Act 1986, s 252

  2 Statutes considered
• In re West Pennard Churchyard

  08 Feb 1991 [1992] 1 WLR 32; [1991] 4 All ER 124, Const Ct

  Subsequent considerations : 2 neutral. Subsequent citations: 7.
  ECCLESIASTICAL LAW — Faculty — Churchyard
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  ECCLESIASTICAL LAW — Faculty — Churchyard — Parishioner seeking faculty for reservation of grave space — Close relative living in parish and close relative's remains in churchyard — Parochial church council opposing reservation of grave spaces — Whether faculty to be granted
• Standard Chartered Bank Ltd v Walker (TSB Bank Plc v Walker)

  17 Jun 1982 [1982] 1 WLR 1410; [1982] 3 All ER 938, CA

  18 Dec 1991 [1992] 1 WLR 561, Ch D

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 27.
  COMPANY — Debenture — Receiver

  INJUNCTION — Jurisdiction to grant — Shareholder
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  COMPANY — Debenture — Receiver — Appointed by debenture holder — Receiver deemed to be company's agent — Debenture securing company's bank overdraft — Payment of sums due guaranteed by directors — Receiver selling assets under power in debenture — Allegation that assets sold at undervalue — Whether receiver owing duty of care to guarantors in realisation of assets — Whether debenture holder liable for receiver's acts

  INJUNCTION — Jurisdiction to grant — Shareholder — Shareholder charging shares in company — Company's viability dependent on passing of resolutions — Creditor seeking to restrain shareholder from voting against resolutions — Whether injunction to be granted

  1 Case considered