Results: 356

• Webb v Emo Air Cargo (UK) Ltd

  14 Feb 1990 [1990] ICR 442; The Times, 21 February 1990, EAT

  20 Dec 1991 [1992] ICR 445; [1992] 2 All ER 43, CA

  26 Nov 1992 [1993] 1 WLR 49; [1993] ICR 175; [1992] 4 All ER 929, HL(E)

  14 Jul 1994 (Case C-32/93); EU:C:1994:300; [1994] QB 718; [1994] 3 WLR 941; [1994] ICR 770; [1994] 4 All ER 115, ECJ

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 143.
  DISCRIMINATION, SEX — Employment — Dismissal

  DISCRIMINATION — Sex — Employment

  EUROPEAN COURT OF JUSTICE — Reference to — Court's previous decisions
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Dismissal — Act of discrimination — Pregnant woman dismissed by employers — Whether discrimination on ground of sex — Sex Discrimination Act 1975, s 1(1)(a)

  DISCRIMINATION — Sex — Employment — Pregnancy — Applicant engaged for unlimited term but initially to replace pregnant employee during maternity leave — Dismissal shortly after appointment as consequence of pregnancy — Whether dismissal precluded by reason of discrimination on ground of sex — Sex Discrimination Act 1975, ss 1(1)(a)(b), 5(3) — Council Directive (76/207/EEC), arts 2(1), 5(1) — Council Directive (92/85/EEC), art 10

  EUROPEAN COURT OF JUSTICE — Reference to — Court's previous decisions — Dismissal of pregnant applicant unable to carry out contract — Whether discrimination on ground of sex — Whether fundamental reason for dismissal unavailability for job or pregnancy — Council Directive (76/207/EEC), art 2(1)

  11 Case(s) considered
• Marshall v Southampton and South West Hampshire Health Authority (Teaching) (No 2)

  18 Sep 1989 [1990] ICR 6, EAT

  31 Jul 1990 [1991] ICR 136; The Times, 4 September 1990, CA

  02 Aug 1993 (Case C-271/91); EU:C:1993:335; [1994] QB 126; [1993] 3 WLR 1054; [1993] ICR 893; [1993] 4 All ER 586, ECJ

  02 Feb 1994 (Note) [1994] AC 530; [1994] 2 WLR 392; [1994] ICR 242; [1994] 1 All ER 736, HL(E)

  Subsequent considerations : 1 positive; 1 neutral; 3 negative. Subsequent citations: 81.
  DISCRIMINATION, SEX — Employment — Compensation

  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Compensation — Interest — Award of compensation including sum representing interest — Whether industrial tribunal having power to award interest — Sex Discrimination Act 1975, ss 65, 66 — Council Directive (76/207/EEC), art 6

  DISCRIMINATION — Sex — Employment — Award including interest and exceeding statutory limit in reliance on Community law — Whether national provisions limiting compensation and excluding interest contrary to EEC Directive — Whether Directive directly applicable against authority of member state to override provisions — Sex Discrimination Act 1975, s 65(2) (as amended by Employment Protection Act 1975, Sch 16, Pt IV, para 18 and Employment Protection (Consolidation) Act 1978, Sch 16, para 20(1)) — Council Directive (76/207/EEC), arts 5, 6

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• R v Inland Revenue Comrs, Ex parte Commerzbank AG

  12 Apr 1991 [1991] STC 271; (1991) 68 TC 252; [1991] 3 CMLR 633; The Times, 18 April 1991, DC (Nolan LJ and Roch J)

  13 Jul 1993 (Case C-330/91) (Case C-330/91); EU:C:1993:303; [1994] QB 219; [1994] 2 WLR 128; [1993] 4 All ER 37; [1993] STC 605; (1991) 68 TC 252; 68 TC 274; [1993] 3 CMLR 457; [1993] ECR I-4017; The Times, 21 July 1993, ECJ

  Subsequent citations: 22.
  REVENUE — Income tax — Double taxation relief

  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate
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  Case index catchwords

  REVENUE — Income tax — Double taxation relief — Interest — Repayment supplement — Repayment of overpaid corporation tax to non-resident company — Whether company entitled to repayment supplement — Taxes Management Act 1970, s 78 — Income and Corporation Taxes Act 1988, ss 788(3), 825(2)

  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate — Refund of overpaid tax to company resident in another member state — Claim for repayment supplement refused on ground of national provision requiring local residence — Whether indirect discrimination on ground of nationality — Whether contrary to Community law — Income and Corporation Taxes Act 1988, s 825(1)(2) — EEC Treaty, arts 52, 58

  3 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Customs and Excise Comrs v Schindler

  24 Mar 1994 (Case C-275/92); EU:C:1994:119; [1994] QB 610; [1994] 3 WLR 103; [1994] 2 All ER 193, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 16.
  EUROPEAN COMMUNITY — Free competition — Services
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  Case index catchwords

  EUROPEAN COMMUNITY — Free competition — Services — Literature sent to United Kingdom addressees inviting participation in German lottery — Seizure by customs on ground of illegal importation under UK, legislation — Whether legislation compatible with EEC law — Whether restriction on import of goods — Whether provision of “service” — Whether restriction of freedom to provide services — Whether restriction justified on public policy grounds — Revenue Act 1898, s 1(ii) (as amended by Betting and Lotteries Act 1934, Sch 2 and Customs and Management Act 1979, Sch 4, paras 1, 12) — Lotteries and Amusements Act 1976, s 2(1) — EEC Treaty, arts 30, 59, 60

  4 Case(s) considered

  1 Words & Phrases considered
• Webb v Webb

  23 May 1991 [1991] 1 WLR 1410; [1992] 1 All ER 17, Ch D (Judge Paul Baker QC)

  17 May 1994 (Case C-294/92); EU:C:1994:193; [1994] QB 696; [1994] 3 WLR 801; [1994] 3 All ER 911; [1994] ECR I-1717, ECJ

  Subsequent considerations : 3 positive; 2 negative. Subsequent citations: 21.
  CONFLICT OF LAWS — Jurisdiction — Immovable property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Immovable property — Purchase of property in France with funds provided by plaintiff — Legal title conveyed to defendant — Use of property as holiday home by both parties — Claim that defendant holding property in trust for plaintiff — Whether jurisdiction of English court ousted by European Convention — Whether French courts having exclusive jurisdiction — Whether action in rem — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 16(1) (as amended by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990)

  5 Case(s) considered

  1 Statute considered
• Lubbock Fine & Co v Customs and Excise Comrs

  15 Dec 1993 (Case C-63/92); [1994] QB 571; [1994] 3 WLR 261; [1994] 3 All ER 705; EU:C:1993:929, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 8.
  REVENUE — Value added tax — Exemptions
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  Case index catchwords

  REVENUE — Value added tax — Exemptions — Surrender of lease for monetary consideration — Whether exemption from VAT by EEC Directive — Whether “letting of immovable property” including surrender — Whether member states entitled to exclude consideration for surrender from exemption — Council Directive (77/388/EEC), art 13(B)(b)

  1 Words & Phrases considered

  1 EU Enactment 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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  Case index catchwords

  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

• R v Investors Compensation Scheme Ltd, Ex parte Bowden (R v Investors Compensation Board, Ex parte Bowden)

  16 Feb 1993 [1994] 1 WLR 17; [1994] 1 All ER 525; [1994] 1 BCLC 494; (1993) 143 NLJ 1297; The Times, 22 February 1993; The Independent, 17 February 1993, DC (Mann LJ and Tuckey J)

  24 Jun 1994 [1995] QB 107; [1994] 3 WLR 1045; [1995] 1 All ER 214; [1995] 1 BCLC 374; The Times, 30 June 1994; The Independent, 29 August 1994, CA (Balcombe, Rose LJJ and Hutchison J)

  16 Dec 1994 (pet all) [1996] AC 261; [1995] 1 WLR 157; [1995] 3 WLR 289; [1995] 3 All ER 605; [1995] 2 BCLC 342; [1995] CLC 1259; (1995) 145 NLJ 1260; The Times, 18 July 1995; The Independent, 21 July 1995, HL(E)

  Subsequent citations: 6.
  FINANCIAL SERVICES — Compensation — Statutory scheme
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  Case index catchwords

  FINANCIAL SERVICES — Compensation — Statutory scheme — Investors suffering losses as result of advice given by broker in contravention of Act — Moneys received and expended in reliance on soundness of investment — Whether recoverable — Whether limit on professional fees incurred in mitigating loss lawful — Whether elements not essential for fair compensation to be excluded from investors' claims — Financial Services (Compensation of Investors) Rules 1990, r 204

  FINANCIAL SERVICES — Compensation — Statutory scheme — Investors suffering losses as result of advice brokers giving in contravention of Act — Whether compensation to be equal to defaulting broker's civil liability — Whether credit to be given for moneys received and expended — Whether liability for mental and physical distress — Whether refusal to indemnify investors against costs of future action on behalf of scheme reasonable — Whether personal representatives able to make claims for compensation — Financial Services (Compensation of Investors) Rules 1990, r 204

  1 Statutory Instrument considered
• R v Mandair

  (1993) 99 Cr App R 55, CA

  19 May 1994 [1995] 1 AC 208; [1994] 2 WLR 700; [1994] 2 All ER 715; 99 Cr App R 250, HL(E)

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 9.
  CRIME — Assault — Alternative verdict

  HOUSE OF LORDS — Practice — Criminal appeal
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  Case index catchwords

  CRIME — Assault — Alternative verdict — Defendant charged on indictment with single count of causing grievous bodily harm with intent — Jury directed on availability of verdict on lesser offence of inflicting grievous bodily harm — Jury acquitting defendant of count on indictment but finding defendant guilty of causing grievous bodily harm — Whether open to jury to return verdict on lesser offence — Whether defendant convicted of offence known to law — Offences against the Person Act 1861, ss 18, 20

  HOUSE OF LORDS — Practice — Criminal appeal — Defendant's appeal to Court of Appeal disposed of on one ground without consideration of other grounds of appeal — Court of Appeal's decision overruled by House of Lords — Consideration of remaining grounds of appeal necessary for disposal of appeal — Power of House of Lords to consider or to remit to Court of Appeal for decision — Criminal Appeal Act 1968, s 35

  4 Case(s) considered

  2 Statutes considered
• Toprak Enerji Sanayi AS v Sale Tilney Technology Plc

  21 Oct 1993 [1994] 1 WLR 840; [1994] 3 All ER 483; [1994] 1 Lloyd's Rep 303, QBD

  Subsequent considerations : 2 negative. Subsequent citations: 6.
  PRACTICE — Parties — Joinder
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  Case index catchwords

  PRACTICE — Parties — Joinder — Plaintiff foreign company ceasing to exist in course of proceedings — Whether successor to plaintiff's rights to be substituted as plaintiff — Whether defendant to be allowed to withdraw notices of payments into court — RSC, Ord 15, r 7

  1 Statutory Instrument considered