Results: 419

• R v Mullen

  04 Feb 1999 [2000] QB 520; [1999] 3 WLR 777; [1999] 2 Cr App R 143, CA

  19 Mar 2004 [2004] EWCA Crim 602; [2004] 2 Cr App R 290, CA

  Subsequent considerations : 5 positive; 3 neutral. Subsequent citations: 75.
  CRIME — Court of Appeal (Criminal Division) — Jurisdiction

  CRIME — Evidence — Video recording
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Abuse of process — Defendant deported from Zimbabwe to England — Collusion alleged between security services to bypass extradition formalities — Whether conduct of prosecuting authorities to be taken into account — Whether prosecution abuse of process — Whether conviction unsafe — Criminal Appeal Act 1968 (as amended by Criminal Appeal Act 1995 s 2), s 2(1)(a)

  CRIME — Evidence — Video recording — Child witness — Evidence-in-chief of complainant and supporting witness on video recording — Request by jury for replaying of video after retirement — Judge failing to establish at outset reason for jury's request — Whether defect in procedure affecting safety of conviction — Whether discretion to permit replaying of video evidence limited to complainant's evidence — Whether members of public to be excluded during playing or replaying of evidence

  4 Case(s) considered

  1 Statute considered
• Owners of cargo lately laden on board the ship Tatry v Owners of the ship Maciej Rataj (The Tatry)

  02 Jul 1991 [1991] 2 Lloyd's Rep 458, QBD (Sheen J)

  23 Jul 1992 [1992] 2 Lloyd's Rep 552; [1995] ILPr 114, CA

  06 Dec 1994 (Case C-406/92); EU:C:1994:400; [1999] QB 515; [1999] 2 WLR 181; [1995] All ER(EC) 229; [1995] 1 Lloyd's Rep 302; [1994] ECR I-5439, ECJ

  Subsequent considerations : 8 positive; 8 neutral. Subsequent citations: 102.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  SHIPPING — Conflict of laws — Forum conveniens
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Lis alibi pendens — Claim for declaration of non-liability in action in Holland — Subsequent action in England for damages — Incomplete identity of parties to two sets of proceedings — Whether proceedings “involving the same cause of action and between the same parties” — Whether court second seised to decline jurisdiction — Relationship between Brussels Convention and specialised conventions — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 21, 22, 57

  SHIPPING — Conflict of laws — Forum conveniens — Damage to goods — Actions brought in Rotterdam and England — Whether proceedings in Rotterdam involving same cause of action as proceedings in England — Whether action to be stayed — Whether Rotterdam more appropriate forum — Whether specialised Convention preventing operation of Convention relating to jurisdiction — Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 21, 22, 57 — Convention on Limitation of Liability for Maritime Claims 1976, art 6A

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  2 International Agreements considered

• Attorney-General’s Reference (No 2 of 1998)

  28 Apr 1999 [2000] QB 412; [1999] 3 WLR 961, CA

  COMPANY — Investigation of affairs — Furnishing false information
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  Case index catchwords

  COMPANY — Investigation of affairs — Furnishing false information — Disqualified director suspected of involvement in management of company — Department of Trade and Industry inspectors obtaining documents from company — Inspectors questioning company employees about content of documents — Whether requirement to provide explanation of documents limited to exposition of text — Whether capable of including supplementary questions or clarification of apparent discrepancies — Companies Act 1985, ss 447(5)(a)(ii), 451

  1 Case considered

  1 Statute considered

• Nurdin & Peacock Plc v D B Ramsden & Co Ltd

  05 Feb 1999 [1999] 1 WLR 1249; [1999] 1 All ER 941, Ch D

  Subsequent citations: 9.
  RESTITUTION — Unjust enrichment — Money paid under mistake of law
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  Case index catchwords

  RESTITUTION — Unjust enrichment — Money paid under mistake of law — Belief that overpayments of rent would be recoverable following successful litigation — Whether mistake as to liability — Whether overpayments recoverable

  3 Case(s) considered

• Practice Direction (Civil Litigation: Procedure)

  23 Apr 1999 [1999] 1 WLR 1124; [1999] 3 All ER 380, SC

  PRACTICE — Civil proceedings — Proceedings other than family proceedings
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  Case index catchwords

  PRACTICE — Civil proceedings — Proceedings other than family proceedings — Queen's Bench Masters' Practice Directions and Queen's Bench Practice Directions to apply — Civil Procedure Rules 1998

  1 Statutory Instrument considered

• de Rothschild v Bell

  18 Feb 1999 [2000] QB 33; [1999] 2 WLR 1237; [1999] 2 All ER 722; [1999] 1 FLR 1246, CA

  Subsequent citations: 1.
  BANKRUPTCY — Property passing to trustee — Statutory tenancy

  LANDLORD AND TENANT — Security of tenure — Residential tenancy
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Statutory tenancy — Bankrupt remaining in property let on long lease at low rent — Whether right to statutory protection of tenancy “property” capable of forming part of bankrupt's estate — Whether vesting in trustee and capable of being disclaimed — Insolvency Act 1986, s 283(1)(a)

  LANDLORD AND TENANT — Security of tenure — Residential tenancy — Long lease at low rent in name of joint tenants — Whether one tenant alone entitled to benefit from statutory protection on determination of lease by effluxion of time — Landlord and Tenant Act 1954 (as amended by Leasehold Reform Act 1967; s 39(2), Sch 5, para 3(1)(a): Rent Act 1968, s 117(2), Sch 15 and Rent Act 1977, s 155, Sch 23, para 15), ss 1, 2, 3, 4, 6, 12

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Nagarajan v London Regional Transport

  07 Nov 1997 [1997] EWCA Civ 2671; [1998] IRLR 73, CA

  15 Jul 1999 [2000] 1 AC 501; [1999] 3 WLR 425; [1999] ICR 877; [1999] 4 All ER 65, HL(E)

  Subsequent considerations : 8 positive; 4 neutral; 1 negative. Subsequent citations: 98.
  DISCRIMINATION — Race — Employment
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  Case index catchwords

  DISCRIMINATION — Race — Employment — Victimisation — Applicant having brought previous race discrimination proceedings against employer unsuccessfully applying for position — Interviewers aware of previous proceedings — Whether necessary to show consciously motivated by knowledge of previous proceedings — Whether interviewing and assessment of candidates “arrangements for the purpose of determining who should be offered … employment” — Race Relations Act 1976, ss 2(1), 4(1)(a)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Boodram v Baptiste

  26 May 1999 [1999] 1 WLR 1709, PC

  Subsequent citations: 6.
  CONSTITUTION — Trinidad and Tobago — Constitution
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  Case index catchwords

  CONSTITUTION — Trinidad and Tobago — Constitution — Human rights and fundamental freedoms — “Cruel and unusual treatment or punishment” — Mandatory death penalty for murder — Whether execution of death sentence by hanging lawful — Bill of Rights 1689 — Offences against the Person Act, s 4 — Criminal Procedure Act, s 57(1), Sch 2 — Constitution of the Republic of Trinidad and Tobago Act 1976, Sch, ss 4(a), 5(2)(b), 6(1)(a)

  1 Words & Phrases considered

  1 Statute considered

  3 Overseas Enactments considered
• Ali Shipping Corpn v Shipyard Trogir

  19 Dec 1997 [1999] 1 WLR 314; [1998] 2 All ER 136; [1998] 1 Lloyd's Rep 643, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 12.
  ARBITRATION — Arbitration proceedings — Disclosure
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  Case index catchwords

  ARBITRATION — Arbitration proceedings — Disclosure — Disputes concerning shipbuilding contracts referred to arbitration — Plaintiffs and other buyers in common beneficial ownership — Arbitration in first case between plaintiffs and shipyard — Other arbitrations between shipyard and other buyers — Whether shipyard entitled to use material generated in first arbitration as evidence in subsequent arbitrations — Whether breach of shipyard's implied obligation of confidentiality — Whether injunction restraining use of materials to be granted

  1 Case considered
• In re Park Air Services Plc (Christopher Moran Holdings Ltd v Bairstow)

  09 Feb 1996 [1996] 1 WLR 649, Ch D

  01 May 1997 [1997] 1 WLR 1376; [1997] 3 All ER 193, CA

  25 Mar 1998 (pet all) [2000] 2 AC 172; [1998] 1 WLR 681; [1999] 2 WLR 396; [1999] 1 All ER 673, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 21.
  INSOLVENCY — Winding up — Disclaimer of lease
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  Case index catchwords

  INSOLVENCY — Winding up — Disclaimer of lease — Solvent company entering into members' voluntary winding up — Liquidators disclaiming lease — Ascertainment of extent of loss or damage sustained by landlord in consequence of disclaimer — Whether discount for early payment applicable to amount proved for by landlord — Whether landlord providing for future rent — Insolvency Act 1986, s 178(6) — Insolvency Rules 1986, r 1113

  6 Case(s) considered

  3 Statutes considered

  2 Statutory Instruments considered