Results: 408

• R (Khan) v Secretary of State for Health

  17 Jun 2003 [2003] EWHC 1414 (Admin), QBD (Silber J)

  19 Dec 2003 [2003] EWCA Civ 1129; [2004] 1 WLR 971, CA

  Subsequent considerations : 1 negative; most recently considered: 2007. Subsequent citations: 43.
  HUMAN RIGHTS — Right to life — State's duty to investigate death
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  Case index catchwords

  HUMAN RIGHTS — Right to life — State's duty to investigate death — Child dying during treatment at NHS hospital — Death occurring before relevant provisions of Human Rights Act in force — Police and NHS trust conducting investigations into death — Deceased's family ineligible for funding for representation at inquest — Secretary of State refusing to provide funding or to hold independent public investigation into death — Whether Convention provisions applicable — Whether state obliged to make funding available — Human Rights Act 1998, Sch 1, Pt I, art 2

  2 Case(s) considered

  1 Statute considered

• R v Auguste

  09 Dec 2003 [2003] EWCA Crim 3929; [2004] 1 WLR 917; [2004] 4 All ER 373; [2004] 2 Cr App R 173, CA

  CRIME — Drugs — Occupier of premises
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  Case index catchwords

  CRIME — Drugs — Occupier of premises — Knowingly permitting premises to be used for smoking cannabis resin — Cannabis found on premises but no evidence of it having been smoked — Whether proof of smoking required — Misuse of Drugs Act 1971, s 8(d)

  1 Case considered

  1 Statute considered
• R v S

  [1995] 2 Cr App R 347, CA

  [2002] EWCA Crim 2558; [2003] 1 Cr App R 602, CA

  25 May 2004 [2004] EWCA Crim 1320; [2004] 1 WLR 2940; [2004] 3 All ER 689; [2004] 2 Cr App R 646, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 12.
  CRIME — Court of Appeal (Criminal Division) — Application for leave to appeal to

  CRIME — Evidence — Admissibility

  TRADE MARK — Unauthorised use — Defence
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Application for leave to appeal to — Judge's refusal to allow part of proceedings to be read in camera — Whether Court of Appeal having jurisdiction to hear appeal against judge's refusal — Criminal Justice Act 1988, s 159(1)

  CRIME — Evidence — Admissibility — Complainant's evidence of indecent touching and more serious forms of sexual abuse committed by defendant — Witness's evidence of recent complaint relating to indecent touching only — Whether recent complaint evidence admissible

  TRADE MARK — Unauthorised use — Defence — Defendant charged with unauthorised use of trade mark — Statutory defence to show reasonable belief that use not infringing — Whether imposing legal or evidential burden on defendant — Whether compatible with Convention right to presumption of innocence — Whether to be read down — Trade Marks Act 1994, s 92(5) — Human Rights Act 1998, Sch 1, Pt I, art 6(2)

  2 Case(s) considered
• Ghaidan v Godin-Mendoza

  05 Nov 2002 [2002] EWCA Civ 1533; [2003] Ch 380; [2003] 2 WLR 478; [2002] 4 All ER 1162; [2003] 1 FLR 468, CA

  21 Jun 2004 [2004] UKHL 30; [2004] 2 AC 557; [2004] 3 WLR 113; [2004] 3 All ER 411; [2004] 2 FLR 600, HL(E)

  Subsequent considerations : 23 positive; 8 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 460.
  LANDLORD AND TENANT — Rent restriction — Death of tenant
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Death of tenant — Man living with tenant in homosexual relationship — Whether living with tenant as “his … wife or husband” — Whether becoming statutory tenant or only entitled to assured tenancy by succession — No reasonable justification for discrimination against same-sex relationships — Whether legislation to be read and given effect in way compatible with Convention rights — Rent Act 1977 (as amended by Housing Act 1980, s 76(1) and Housing Act 1988, s 39(2), Sch 4, paras 2, 3), Sch 1, paras 2(2), 3(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 14

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Mawdesley v Chief Constable of Cheshire Constabulary (Yorke v Director of Public Prosecutions)

  31 Jul 2003 [2003] EWHC 1586 (Admin); [2004] 1 WLR 1035; [2004] 1 All ER 58; [2004] RTR 209, QBD

  Subsequent citations: 2.
  ROAD TRAFFIC — Driver, identity of — Duty to give information
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  ROAD TRAFFIC — Driver, identity of — Duty to give information — Notices of intended prosecution sent to defendants — Notices alleging speeding offence — Form requiring information as to identity of driver at time of offence — Defendants returning form unsigned and undated — Whether partially completed form “statement in writing … purporting to be signed by accused” — Whether form admissible as proof of driver's identity — Whether form admissible as confession — Police and Criminal Evidence Act 1984, ss 76(1), 82(1) — Road Traffic Act 1988, s 172(2) — Road Traffic Offenders Act 1988, s 12(1)(b)

  1 Words & Phrases considered

  3 Statutes considered
• In re Supporting Link Ltd

  19 Mar 2004 [2004] EWHC 523 (Ch); [2004] 1 WLR 1549; [2005] 1 All ER 303, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  COMPANY — Winding up — Public interest grounds
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  Case index catchwords

  COMPANY — Winding up — Public interest grounds — Secretary of State's petition to wind up company — Director offering undertakings as to future conduct of company's business — Whether undertakings acceptable

• Krotov v Secretary of State for the Home Department

  11 Feb 2004 [2004] EWCA Civ 69; [2004] 1 WLR 1825, CA

  Subsequent citations: 5.
  IMMIGRATION — Asylum — Political opinion
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  Case index catchwords

  IMMIGRATION — Asylum — Political opinion — Russian refusing to perform compulsory military service on grounds of opposition to war in Chechnya — Liable to imprisonment if returned to Russia — Whether entitled to refugee status — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1A(2)

  1 Case considered

  1 International Agreement considered

• Mazur Media Ltd v Mazur Media GmbH

  07 Jul 2004 [2004] EWHC 1566 (Ch); [2004] 1 WLR 2966; [2005] 1 Lloyd's Rep 41, Ch D

  Subsequent citations: 23.
  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings — Insolvency proceedings against company in Germany — English court having jurisdiction over contractual claims — Whether power to stay English proceedings — Insolvency Act 1986, s 130(2)

  1 Statute considered
• In re Deep Vein Thrombosis and Air Travel Group Litigation

  20 Dec 2002 [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418, QBD

  03 Jul 2003 [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

  14 Jul 2004 (pet all) [2004] 1 WLR 2110, HL(E)

  08 Dec 2005 [2005] UKHL 72; [2006] 1 AC 495; [2005] 3 WLR 1320; [2006] 1 All ER 786; [2006] 1 All ER (Comm) 313; [2006] 1 Lloyd's Rep 231, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 15.
  AIRCRAFT — Carriage by air — Accident

  HUMAN RIGHTS — International treaty — Compatibility
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  Case index catchwords

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, art 17

  HUMAN RIGHTS — International treaty — Compatibility — Duty of court to read and give effect to legislation in manner compatible with Convention rights — Whether applying to international treaties given force by statute — Human Rights Act 1998, s 3(1)

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, Pt I, art 17

  8 Case(s) considered

  1 Words & Phrases considered

• R (Crown Prosecution Service) v Bolton Magistrates’ Court

  31 Oct 2003 [2003] EWHC 2697 (Admin); [2004] 1 WLR 835; [2004] 1 Cr App R 438, DC

  Subsequent citations: 3.
  CRIME — Evidence — Privilege against self-incrimination

  JUSTICES — Jurisdiction — Open court
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  Case index catchwords

  CRIME — Evidence — Privilege against self-incrimination — Witness attending before justices to have evidence taken as deposition — Solicitor advising witness not to answer questions on grounds of self-incrimination — Justices accepting reliance on legal advice as just excuse — Whether justices required to investigate basis of claim

  JUSTICES — Jurisdiction — Open court — Witness attending before justices to have evidence taken as deposition — Investigating police officers excluded from proceedings — Whether proceedings in open court — Crime and Disorder Act 1998, Sch 3, para 4

  1 Statute considered