Results: 333

• Finanzamt Köln-Altstadt v Schumacker

  14 Feb 1995 (Case C-279/93); EU:C:1995:31; [1996] QB 28; [1995] 3 WLR 498, ECJ

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 35.
  EUROPEAN COMMUNITY — Free movement of workers — Income tax on employees
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  Case index catchwords

  EUROPEAN COMMUNITY — Free movement of workers — Income tax on employees — National legislation taxing employees resident in another member state more heavily than resident employees — Benefit of annual tax adjustment and assessment not available to non-residents — Taxpayer's personal and family circumstances taken into account in neither state of employment nor state of residence — Whether member states' rights in relation to taxation of nationals of another member state limited by principle of free movement of workers — Whether unjustified discrimination in national legislation — EEC Treaty, art 48

  2 Case(s) considered

  1 EU Enactment considered
• Kleinwort Benson Ltd v Glasgow City Council

  28 Mar 1995 (Case C-346/93); [1996] QB 57; [1995] 3 WLR 866; EU:C:1995:85, ECJ

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 10.
  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction
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  Case index catchwords

  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — Restitution claim in England against Scottish local authority — Issue whether English court having jurisdiction — Interpretation required of provisions of United Kingdom conflict of laws legislation modelled on Brussels Convention — Question referred seeking interpretation of equivalent Convention provisions — Whether Court of Justice having jurisdiction to give preliminary ruling — Civil Jurisdiction and Judgments Act 1982, ss 16(3)(a), 47, Schs 1, 2, 4

  1 Case considered

  1 Statute 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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  Case index catchwords

  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

• Richardson v Pitt-Stanley

  29 Jul 1994 [1995] QB 123; [1995] 2 WLR 26; [1995] ICR 303; [1995] 1 All ER 460, CA

  Subsequent citations: 9.
  INSURANCE — Liability insurance — Employer's liability
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  Case index catchwords

  INSURANCE — Liability insurance — Employer's liability — Company failing to insure against liability for injury to employees — Plaintiff employee injured in course of work — Whether plaintiff having civil cause of action against company or its officers for breach of statutory duty to insure — Employers' Liability (Compulsory Insurance) Act 1969, ss 1(1), 5

  3 Case(s) considered

  1 Statute 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

• Practice Direction (House of Lords: Amendments to Procedure)

  17 May 1991 [1991] 1 WLR 1420; [1991] 3 All ER 608; 93 Cr App R 356, HL

  14 Feb 1995 [1995] 1 WLR 422; [1995] 1 FLR 762; [1995] 2 Cr App R 162, HL

  Subsequent citations: 3.
  HOUSE OF LORDS — Practice — Petitions

  HOUSE OF LORDS — Practice — Preparation of case and conduct
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  Case index catchwords

  HOUSE OF LORDS — Practice — Petitions — Inadmissible petitions — Contempt of court — Cause titles — House of Lords (Directions as to Procedure applicable to Civil Appeals), dirs 1, 2, 3, 4, 10 — House of Lords (Directions as to Procedure applicable to Criminal Appeals), dirs 1, 2, 5, 12

  HOUSE OF LORDS — Practice — Preparation of case and conduct — Length of submissions — Authorities relied on — Custody and bail in criminal appeals — House of Lords (Directions as to Procedure applicable to Civil Appeals), dirs 31, 44 — House of Lords (Directions as to Procedure applicable to Criminal Appeals), dirs 31, 35, 36

  1 Words & Phrases considered

  4 Statutory Instruments considered

• S (A Minor) v Special Educational Needs Tribunal

  25 Jul 1995 [1995] 1 WLR 1627; [1996] 1 All ER 171, QBD

  13 Dec 1995 [1996] 1 WLR 382; [1996] 2 All ER 286; [1996] 1 FLR 663, CA

  11 Jul 1996 (pet dis) [1996] 1 WLR 1135, HL(E)

  Subsequent citations: 18.
  EDUCATION — Local education authority — Duty to make special educational provision
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  Case index catchwords

  EDUCATION — Local education authority — Duty to make special educational provision — Statement of special educational needs — Parent's appeal to Special Educational Needs Tribunal — Child's subsequent appeal to High Court — Whether child “party to proceedings” — Whether jurisdiction in court to hear appeal — Whether tribunal's reasons adequate — Tribunals and Inquiries Act 1992, s 11(1) — Education Act 1993, s 170(1)

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered
• Practice Direction (Crown Court: Counsel)

  16 Jan 1995 [1995] 1 WLR 261; [1995] 1 All ER 307; [1995] 1 Cr App R 576, SC

  Subsequent considerations : 1 positive.
  CROWN COURT — Practice — Legal aid
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  Case index catchwords

  CROWN COURT — Practice — Legal aid — Order for two or three counsel or Queen's Counsel alone — Legal Aid in Criminal and Care Proceedings (General) Regulations 1989, reg 48(14) (as substituted by the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No 2) Regulations 1994, reg 3)

  1 Case considered

  1 Statutory Instrument considered

• West Wiltshire District Council v Garland (Cond, Third Party)

  22 Feb 1993 [1993] Ch 409; [1993] 3 WLR 626; [1993] 4 All ER 246, Ch D

  01 Dec 1994 [1995] Ch 297; [1995] 2 WLR 439; [1995] 2 All ER 17; 93 LGR 235, CA

  Subsequent citations: 4.
  NEGLIGENCE — Duty of care to whom? — District auditors
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — District auditors — Local authority bringing action against own officers for procuring payments without authority — Officers issuing third party notices claiming indemnity from district auditors for negligent advice during audit — Whether auditors owing duty of care to council or officers — Local Government Finance Act 1982, s 15

  7 Case(s) considered

  1 Statute considered
• Practice Direction (Crown Court: Plea and Directions Hearings)

  25 Jul 1995 [1995] 1 WLR 1318; [1995] 4 All ER 379; [1995] 2 Cr App R 600, SC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  CROWN COURT — Practice — Plea and directions hearings
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  Case index catchwords

  CROWN COURT — Practice — Plea and directions hearings — Practice rules