Results: 353

• R (Barclay) v Lord Chancellor and Secretary of State for Justice

  18 Jun 2008 [2008] EWHC 1354 (Admin); [2010] 1 AC 464; [2008] 3 WLR 867; [2008] UKHRR 1284, QBD (Wyn Williams J)

  02 Dec 2008 [2008] EWCA Civ 1319; [2010] 1 AC 464; [2009] 2 WLR 1205, CA

  01 Dec 2009 [2009] UKSC 9; [2010] 1 AC 464; [2009] 3 WLR 1270; [2010] 2 All ER 267; [2009] WLR (D) 349; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 20.
  HUMAN RIGHTS — Jurisdiction — Channel Islands

  HUMAN RIGHTS — Right to fair trial — Interference with

  HUMAN RIGHTS — Right to free elections — Interference with
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  Case index catchwords

  HUMAN RIGHTS — Jurisdiction — Channel Islands — United Kingdom declaring Convention for Protection of Human Rights and Fundamental Freedoms extending to Island of Sark as dependent territory — Whether Human Rights Act 1998 extending to Sark — Ministers and Privy Counsellors advising Queen to give Royal Assent to Laws proposed by legislature of Sark — Whether advisers acting as “public authority” — Human Rights Act 1998, s 6 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 56, First Protocol, art 4

  HUMAN RIGHTS — Right to fair trial — Interference with — Sark Law providing for Sark judge to sit in Sark legislature — Whether judge independent and impartial tribunal — Whether Law infringing Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  HUMAN RIGHTS — Right to free elections — Interference with — Sark Law providing for officials to sit as unelected members of Sark legislature and prohibiting aliens from standing for election to legislature — Whether impairing “free expression of the opinion of the people in the choice of the legislature” — Whether infringing Convention right to free elections — Whether “people” limited to citizens — Whether law breaching right of citizen of European Union to stand as candidate at “municipal elections” — Human Rights Act 1998, Sch 1, Pt II, art 3 — EC Treaty, art 19(1)EC

  16 Case(s) considered

  4 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

  1 International Agreement considered
• R (Smith) v Oxfordshire Assistant Deputy Coroner (R (Secretary of State for Defence) v Oxfordshire Assistant Deputy Coroner)

  11 Apr 2008 [2008] EWHC 694 (Admin); [2011] 1 AC 1; [2008] 3 WLR 1284; [2008] ACD 45; The Times, 30 May 2008, QBD (Collins J)

  18 May 2009 (Equality and Human Rights Commission intervening) [2009] EWCA Civ 441; [2011] 1 AC 1; [2009] 3 WLR 1099; [2009] 4 All ER 985; [2009] WLR (D) 158; [2009] ACD 54; (2009) 159 NLJ 790; The Times, 20 May 2009, CA (Sir Anthony Clarke MR, Keene, Dyson LJJ)

  30 Jun 2010 [2010] UKSC 29; [2011] 1 AC 1; [2010] 3 WLR 223; [2010] 3 All ER 1067; [2010] HRLR 28; [2010] WLR (D) 165; (2010) 160 NLJ 973; The Times, 8 July 2010; Case details, SC(E) (Lord Phillips of Worth Matravers PSC, Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Collins of Mapesbury, Lord Kerr of Tonaghmore JJSC)

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 70.
  CORONER — Inquest — Verdict

  LAW REFORM — Whether necessary — Coroners Rules

  LAW REFORM — Whether necessary — Inquest

  HUMAN RIGHTS — Life — State's duty to investigate death
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  Case index catchwords

  CORONER — Inquest — Verdict — Soldier dying of hyperthermia while on duty in Iraq — Coroner's narrative verdict stating death caused by serious failure to address deceased's difficulty in adjusting to climate — Whether breaching prohibition against determining questions of civil liability — Coroners Rules 1984, r 42(b)

  LAW REFORM — Whether necessary — Coroners Rules — Inquest required to comply with procedural requirements implicit in Convention right to life — Whether necessary to change rules prohibiting address on facts or determination of question of civil liability

  LAW REFORM — Whether necessary — Inquest — Whether desirable for statute to set out clearly differences between inquest required to comply with procedural requirements implicit in Convention right to life and any other type of inquest

  HUMAN RIGHTS — Life — State's duty to investigate death — Soldier dying of hyperthermia sustained while carrying out duties off base in Iraq — Whether death of soldier within scope of Human Rights Convention or of legislation giving domestic effect to Convention — Whether procedural requirements implicit in Convention right to life applying to inquest into soldier's death — Human Rights Act 1998, Sch 1, Pt I, art 2 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 1

  24 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered
• R (Aweys) v Birmingham City Council (Birmingham City Council v Ali, R (Abdulle) v Birmingham City Council, R (Adam) v Birmingham City Council, R (Omar) v Birmingham City Council, R (Sharif) v Birmingham City Council)

  26 Jan 2007 [2007] EWHC 52 (Admin); [2007] 1 FLR 2066; [2007] HLR 394, QBD (Collins J)

  07 Feb 2008 [2008] EWCA Civ 48; [2008] 1 WLR 2305; [2008] 1 FLR 1025, CA

  01 Jul 2009 [2009] UKHL 36; [2009] 1 WLR 1506; [2009] PTSR 1270; [2009] 4 All ER 161; [2009] LGR 749; [2009] WLR (D) 221, HL(E)

  Subsequent considerations : 1 positive; 4 neutral; most recently considered: 2022. Subsequent citations: 53.
  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation — Local housing authority finding claimants' accommodation not reasonable for them to continue to occupy — Authority accepting claimants to be homeless and owed duty to secure accommodation available for them — Authority leaving claimants in accommodation until better accommodation becoming available — Whether authority discharging duty to secure “accommodation” — Allocation policy giving priority to street homeless over homeless with accommodation not reasonable for them to continue to occupy — Whether lawful — Woman occupying women's refuge evicted for misconduct — Woman applying to local housing authority to be accommodated as homeless — Whether intentionally homeless — Whether refuge “accommodation” — Whether “accommodation which it would be reasonable … to continue to occupy” — Whether authority owing housing duty — Housing Act 1996, ss 175(1)(3), 191(1), 193(2)

  7 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• O’Byrne v Aventis Pasteur MSD Ltd

  20 Oct 2006 [2006] EWHC 2562 (QB); [2007] 1 WLR 757, QBD (Teare J)

  09 Oct 2007 [2007] EWCA Civ 966; [2008] 1 WLR 1188; [2008] Bus LR 993, CA

  11 Jun 2008 (Ref to ECJ) [2008] UKHL 34; [2008] 4 All ER 881, HL(E)

  26 May 2010 [2010] UKSC 23; [2010] 1 WLR 1412; [2010] Bus LR 1381; [2010] 4 All ER 1; [2010] WLR (D) 137; Case details, SC(E)

  Subsequent citations: 9.
  PRACTICE — Parties — Substitution
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  Case index catchwords

  PRACTICE — Parties — Substitution — Action brought against wrongly identified manufacturer — Whether power to allow substitution of defendant after expiry of long-stop ten-year period — Whether power existing where party wrongly identified — Whether substitution “necessary” — Whether substitution to be allowed — Limitation Act 1980, ss 11A(3) (as inserted by Consumer Protection Act 1987, s 6(6), Sch 1, para 1), 35(4)(5)(6) — CPR r 19.5(2)(3) — Council Directive 85/374/EEC, art 11

  PRACTICE — Parties — Substitution — Statutory right to sue producer of defective product — Right enacted in implementation of European Directive providing for long-stop period of ten years after product put into circulation — Claim alleging defective vaccine manufactured by French company but distributed by wholly-owned United Kingdom subsidiary — Action brought within period against distributor — Application after expiry of period for substitution of manufacturer as defendant — Court of Justice ruling that substitution of party outside limitation period permissible only when act of “putting into circulation of the product” determined by parent of wholly-owned supplier subsidiary sued within time limit — Whether determination in question act of transferring product to subsidiary or when to be put into circulation by supplier — Whether substitution to be allowed — Limitation Act 1980, s 35(4)(5)(6) — CPR r 19.5(2)(3) — Council Directive 85/374/EEC, art 11

  7 Case(s) considered

  3 Words & Phrases considered

  2 EU Enactments considered

  3 Statutes considered

  2 Statutory Instruments considered
• Stone & Rolls Ltd v Moore Stephens

  27 Jul 2007 [2007] EWHC 1826 (Comm); [2008] Bus LR 304, QBD

  18 Jun 2008 [2008] EWCA Civ 644; [2009] AC 1391; [2008] 3 WLR 1146; [2008] Bus LR 1579; [2008] 2 Lloyd's Rep 319, CA

  30 Oct 2008 (pet all) [2009] Bus LR 71, HL(E)

  30 Jul 2009 [2009] UKHL 39; [2009] AC 1391; [2009] 3 WLR 455; [2009] Bus LR 1356; [2009] 4 All ER 431; [2010] 1 All ER (Comm) 125; [2009] 2 Lloyd's Rep 537; [2009] WLR (D) 277, HL(E)

  Subsequent considerations : 3 positive; 5 neutral; 3 negative. Subsequent citations: 43.
  COMPANY — Fraud — Knowledge of company
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  Case index catchwords

  COMPANY — Fraud — Knowledge of company — Company used as vehicle to procure funds from bank for sham commercial transactions — Bank's successful action against company and director resulting in company's insolvency — Company's claim for damages for auditors' failure to detect fraud — Whether actions of fraudster to be attributed to company — Whether defence of ex turpi causa available to auditors — Whether defence overridden by fact that fraud relied on very thing auditors engaged to prevent

  14 Case(s) considered
• R (L) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening)

  19 Mar 2006 [2006] EWHC 482 (Admin), QBD (Munby J)

  01 Mar 2007 [2007] EWCA Civ 168; [2008] 1 WLR 681; [2007] 4 All ER 128, CA

  29 Oct 2009 [2009] UKSC 3; [2010] 1 AC 410; [2009] 3 WLR 1056; [2010] PTSR 245; [2010] 1 All ER 113; [2010] 1 FLR 643; [2009] WLR (D) 310; Case details, SC(E) (Lord Hope JSC, Lord Saville JSC, Lord Scott JSC, Lord Brown JSC, Lord Neuberger JSC)

  Subsequent considerations : 3 positive; 2 neutral; 2 negative. Subsequent citations: 80.
  CONFIDENTIAL INFORMATION — Disclosure — Police

  HUMAN RIGHTS — Right to respect for private and family life — Disclosure of information
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Disclosure — Police — Enhanced criminal record certificate — Duty of chief officer of police to disclose information he considered ought to be included in certificate because relevant for purpose of exempted question asked in course of considering applicant's suitability for position involving caring for, training, supervising or being in sole charge of children — Whether information not relating to criminal or potentially criminal activity “relevant” — Police Act 1997, s 115(7)

  HUMAN RIGHTS — Right to respect for private and family life — Disclosure of information — Information collected and stored in police records — Statutory duty of chief officer of police to provide relevant information which he considered ought to be included in enhanced criminal record certificate in respect of applicant for employment involving contact with children or vulnerable adults — Whether applicant's right to respect for private life engaged — Whether need to protect children and vulnerable adults overriding applicant's right to respect for private life — Police Act 1997, s 115(7) — Human Rights Act 1998, Sch 1, Pt I, art 8(1)

  9 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R v Asfaw (United Nations High Commissioner for Refugees intervening)

  21 May 2008 [2008] UKHL 31; [2008] AC 1061; [2008] 2 WLR 1178; [2008] 3 All ER 775, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 30.
  IMMIGRATION — Asylum — Illegal entrant
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  Case index catchwords

  IMMIGRATION — Asylum — Illegal entrant — Appellant arriving in United Kingdom en route to seek asylum elsewhere — Apprehended attempting to leave United Kingdom by presenting false documents to airline — Prosecution for use of false documents and dishonest attempt to obtain travel services from airline — Whether offences on account of her “illegal entry or presence” — Whether protected from prosecution — Immigration and Asylum Act 1999, s 31 — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 31(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered
• Breakspear v Ackland

  19 Feb 2008 [2008] EWHC 220 (Ch); [2009] Ch 32; [2008] 3 WLR 698; [2008] 2 All ER (Comm) 62, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  TRUSTS — Trustee — Disclosure
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  Case index catchwords

  TRUSTS — Trustee — Disclosure — Settlor writing non-binding wish letter to trustees — Letter requesting specified matters to be taken into account when trustees' dispositive powers exercised — Beneficiaries seeking disclosure of letter — Whether disclosure matter of adjudicating on proprietary right or exercising discretion — Whether disclosure to be made — Proper approach to applications for disclosure

  3 Case(s) considered

• R (G) v Chief Constable of West Yorkshire Police

  05 Feb 2008 [2008] EWCA Civ 28; [2008] 1 WLR 550; [2008] 4 All ER 594; [2008] 2 Cr App R 53, CA

  Subsequent citations: 1.
  POLICE — Powers — Persons in custody
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  Case index catchwords

  POLICE — Powers — Persons in custody — Custody officer having sufficient evidence to charge suspect — Statutory guidance to which custody officer required to have regard indicating charging decision to be taken by Crown prosecutor — Whether officer having power to detain suspect while case referred to Crown prosecutor for charging decision — Police and Criminal Evidence Act 1984 (as amended by Criminal Justice Act 2003, s 28, Sch 2, paras 2, 3), ss 37(7), 37A

  1 Case considered

  1 Statute considered
• Banco Nacional de Comercio Exterior SNC v Empresa de Telecommunicaciones de Cuba SA (Banco Nacional de Comercio Exterior SNC v Empresa de Telecommunicaciones de Cuba SA (British Telecommunications plc intervening))

  24 Jan 2007 [2007] EWHC 19 (Comm); [2007] 2 All ER (Comm) 46, QBD (David Steel J)

  04 Jul 2007 [2007] EWCA Civ 662; [2008] 1 WLR 1936; [2008] Bus LR 1265; [2007] 2 All ER (Comm) 1093; [2007] 2 Lloyd's Rep 484; [2007] 2 CLC 34, CA (Lord Phillips of Worth Matravers CJ, Tuckey and Jacob LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 16.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Provisional and protective measures

  INJUNCTION — Freezing order — Jurisdiction
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Provisional and protective measures — Worldwide freezing order — Foreign judgment registered in England — Worldwide freezing order to assist enforcement of foreign judgment — Whether court having jurisdiction to grant — Council Regulation (EC) No 44/2001, art 47

  INJUNCTION — Freezing order — Jurisdiction — Claimant seeking domestic and worldwide injunctions to enforce foreign judgment — Whether jurisdiction to grant worldwide order pursuant to Council Regulation — Whether inexpedient in circumstances to grant order pursuant to domestic legislation — Whether requirement for domestic order to include undertaking as to third party losses — Civil Jurisdiction and Judgments Act 1982, s 25(2) (as amended by Civil Jurisdiction and Judgments Act 1991, s 3, Sch 2, para 12) — Council Regulation (EC) No 44/2001, art 47

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered