Results: 396

• R (Kind) v Secretary of State for the Environment, Food and Rural Affairs

  27 Jun 2005 [2005] EWHC 1324 (Admin); [2006] QB 113; [2005] 3 WLR 616; [2005] RTR 333, QBD

  Subsequent citations: 2.
  HIGHWAY — Right of way — Definitive map
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  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendant refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendants refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  1 Case considered

  1 Statute considered
• Sandhar v Department of Transport, Environment and the Regions

  05 Nov 2004 [2004] EWCA Civ 1440; [2005] 1 WLR 1632; [2005] RTR 119, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  HIGHWAY — Duty to maintain highway — Highway authority
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  HIGHWAY — Duty to maintain highway — Highway authority — Formation of ice and accumulation of snow on road — Driver of motor car in fatal accident after losing control of vehicle — Claim for damages — Whether highway authority under statutory duty to prevent formation of ice or remove accumulation of snow — Whether common law duty of care — Highways Act 1980, s 41(1)(1A) (as inserted by Railways and Transport Safety Act 2003, s 111)

  4 Case(s) considered

  1 Statute considered

• R (W) v Comr of Police of the Metropolis

  20 Jul 2005 [2005] EWHC 1586 (Admin); [2005] 1 WLR 3706; [2005] 3 All ER 749, DC

  11 May 2006 [2006] EWCA Civ 458; [2007] QB 399; [2006] 3 WLR 1098; [2006] 3 All ER 458, CA

  Subsequent citations: 4.
  POLICE — Powers — Dispersal of groups
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  POLICE — Powers — Dispersal of groups — Police Commissioner designating dispersal areas — Officers authorised to remove persons under 16 from areas — Whether power of removal permissive or coercive — Anti-social Behaviour Act 2003, s 30(6)

  POLICE — Powers — Dispersal of groups — Police Commissioner designating dispersal areas — Officers authorised to “remove” persons under 16 — Whether power permissive or coercive — Whether power having effect of curfew — Anti-social Behaviour Act 2003, s 30(6)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Dendron GmbH v Regents of the University of California (Boston Scientific Ltd, Part 20 claimant)

  23 Mar 2004 [2004] EWHC 589 (Pat); [2005] 1 WLR 200, Ch D

  Subsequent citations: 5.
  EVIDENCE — Letters of request — Collateral use of evidence
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  EVIDENCE — Letters of request — Collateral use of evidence — Claimant seeking revocation of defendant's patent — Evidence obtained under letters of request served on witnesses abroad — Whether evidence available for collateral use in proceedings in European Patent Office and in courts of other European Union member states and United States — CPR Pt 34 — Council Regulation (EC) No 1206/2001, art 1

  3 Case(s) considered

• In re Claimants under Loss Relief Group Litigation Order

  [2003] EWHC 3588 (Ch); [2004] STC 594, Ch D

  28 May 2004 [2004] EWCA Civ 680; [2004] STC 1054, CA

  Subsequent citations: 4.
  REVENUE — Corporation tax — Group relief
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  REVENUE — Corporation tax — Group relief — Claims that United Kingdom legislation breached European Union fundamental freedoms — Initial claim for group relief in respect of losses of non-UK loss making companies — Taxpayers bringing proceedings in High Court against Inland Revenue claiming damages and restitution for breaches of EC Treaty — Whether taxpayers required to follow statutory procedure — Whether High Court obliged to entertain claims

  4 Case(s) considered
• R (Corner House Research) v Secretary of State for Trade and Industry

  01 Mar 2005 [2005] EWCA Civ 192; [2005] 1 WLR 2600; [2005] 4 All ER 1, CA

  Subsequent considerations : 3 positive; 5 neutral; 2 negative. Subsequent citations: 50.
  COSTS — Order for costs — Protective costs order
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  COSTS — Order for costs — Protective costs order — Claim for judicial review by organisation acting in public interest — Claimant seeking interlocutory order that no order for costs be made against it in any event — Principles on which jurisdiction to make protective costs order to be exercised — Supreme Court Act 1981, s 51 (as substituted by Courts and Legal Services Act 1990, s 4) — CPR, rr 1.1, 1.2, 3.1(2)(m), 44.3

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Greene v Associated Newspapers Ltd

  05 Nov 2004 [2004] EWCA Civ 1462; [2005] QB 972; [2005] 3 WLR 281; [2005] 1 All ER 30, CA

  Subsequent citations: 45.
  INJUNCTION — Interlocutory — Libel
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  INJUNCTION — Interlocutory — Libel — Claimant seeking injunction to restrain defendant from publication — Defence of justification — Whether injunction to be granted — Whether court required to ask whether plea of justification more likely than not to fail — Human Rights Act 1998, ss 6(1), 12(3), Sch 1, Pt I, arts 8, 10

  3 Case(s) considered

  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

• West Bromwich Building Society v Wilkinson

  30 Jun 2005 [2005] UKHL 44; [2005] 1 WLR 2303; [2005] 4 All ER 97, HL(E)

  Subsequent citations: 8.
  LIMITATION OF ACTION — Period of limitation — Mortgage debt
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  Case index catchwords

  LIMITATION OF ACTION — Period of limitation — Mortgage debt — Borrower defaulting on mortgage repayments — Sale of security by lender — Proceeds of sale insufficient to meet outstanding debt — Claim by lender to recover shortfall — Whether claim for money secured on mortgage — Appropriate limitation period — When limitation period starting to run — Limitation Act 1980, ss 8, 20(1)

  2 Case(s) considered

  1 Statute considered
• Beck v Ministry of Defence (Note)

  11 Jun 2003 [2003] EWCA Civ 1043; [2005] 1 WLR 2206, CA

  Subsequent considerations : 1 positive. Subsequent citations: 12.
  EVIDENCE — Expert evidence — Report
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  Case index catchwords

  EVIDENCE — Expert evidence — Report — Expert psychiatric evidence in personal injury action — Defendants' expert preparing report after examination of claimant — Defendants seeking permission to rely on second expert instead — Whether permission to be conditional on disclosure of original expert's report