Results: 249

• R v Rollins (R v McInerney (Michael))

  09 Oct 2009 [2009] EWCA Crim 1941; [2010] Bus LR 734; [2010] 1 All ER 1183; [2010] 1 Cr App R 14; [2009] WLR (D) 294, CA

  28 Jul 2010 [2010] UKSC 39; [2010] 1 WLR 1922; [2010] Bus LR 1529; [2010] 4 All ER 880; [2011] 1 Cr App R 4; [2010] WLR (D) 210; Case details, SC(E)

  Subsequent citations: 7.
  FINANCIAL SERVICES — Market abuse — Penalties and injunction
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Market abuse — Penalties and injunction — Institution of proceedings — Financial Services Authority — Whether FSA empowered to institute proceedings for criminal offences under statutes other than Financial Services and Markets Act 2000 — Financial Services and Markets Act 2000, ss 1(1), 401, 402 (as amended by Counter-Terrorism Act 2008, Sch 7(7), para 33(4)) — Proceeds of Crime Act 2002, ss 327(1), 328(1) (as amended by Enterprise Act 2002, Sch 2, para 40(17))

  2 Case(s) considered

  4 Statutes considered
• Secretary of State for the Home Department v AF (No 3) (Secretary of State for the Home Department v AM, Secretary of State for the Home Department v AN, Secretary of State for the Home Department v AE)

  10 Mar 2008 (No 2) [2008] EWHC 453 (Admin); [2008] ACD 53, QBD (Stanley Burnton J)

  09 Apr 2008 (No 3) [2008] EWHC 689 (Admin); [2008] 4 All ER 340; The Times, 25 April 2008, QBD (Stanley Burnton J)

  17 Oct 2008 [2008] EWCA Civ 1148; [2010] 2 AC 269; [2009] 2 WLR 423; [2009] 2 All ER 602; The Times, 29 October 2008, CA

  10 Jun 2009 [2009] UKHL 28; [2010] 2 AC 269; [2009] 3 WLR 74; [2009] 3 All ER 643; 26 BHRC 738; The Times, 11 June 2009; [2009] WLR (D) 180, HL(E)

  Subsequent considerations : 10 positive; 4 neutral; 5 negative; most recently considered: 2021. Subsequent citations: 147.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist
  Expand

  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing non-derogating control orders — Court hearing to consider whether Home Secretary's decision flawed — Some or all of material not disclosed to controlee — Special advocates appointed to represent controlee with sight of closed material not disclosed to controlee — Whether hearing necessarily unfair absent disclosure to controlee of irreducible minimum of information — Whether procedure in breach of controlee's Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10), Sch, para 4 — CPR, Pt 76

  8 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (Chester) v Secretary of State for Justice

  28 Oct 2009 [2009] EWHC 2923 (Admin); [2009] WLR (D) 316, QBD (Burton J)

  17 Dec 2010 [2010] EWCA Civ 1439; [2011] 1 WLR 1436; [2010] WLR (D) 337, CA

  16 Oct 2013 [2013] UKSC 63; [2014] AC 271; [2013] 3 WLR 1076; [2014] 1 All ER 683; [2013] WLR (D) 392; Case details; 2014 SC (UKSC) 25, SC

  Subsequent considerations : 1 positive; 1 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 58.
  EUROPEAN UNION — Elections — Right to vote in European Union and municipal elections

  HUMAN RIGHTS — Free elections — Interference with

  ELECTION LAW — Right to vote — Prisoner disenfranchisement
  Expand

  Case index catchwords

  EUROPEAN UNION — Elections — Right to vote in European Union and municipal elections — Statutory blanket ban on convicted prisoners voting — Prisoner serving life sentence for murder applying for his name to be included on electoral register for European Union and municipal elections — Application refused — Whether compatible with petitioner’s Treaty rights — Whether Treaties giving European Union citizens individual right to vote — Whether right having to comply with principles of European Court of Human Rights jurisprudence — Whether right limited to citizens resident in state other than that of their nationality — Representation of the People Act 1983, s 3(1) (as amended by Representation of the People Act 1985, s 24, Sch 4, para 1) — European Parliamentary Elections Act 2002, s 8 — FEU Treaty, art 20(2)(b)FEU — Charter of Fundamental Rights of the European Union, art 40

  HUMAN RIGHTS — Free elections — Interference with — Statutory blanket ban on convicted prisoners voting — Prisoners sentenced to life imprisonment for murder challenging ban — Court’s duty to “take into account” judgments and decisions of European Court of Human Rights — Decisions of European Court of Human Rights holding statutory blanket ban on convicted prisoners voting incompatible with Convention right to free expression of opinion in choice of legislature — Government challenging correctness of decisions in domestic proceedings — Whether decisions to be applied — Whether statute to be read as conferring on judiciary function of deciding whether any given prisoner to be disfranchised — Whether ban contravening Convention right to free expression of opinion in choice of legislature — Whether declaration of incompatibility to be granted — Representation of the People Act 1983, s 3(1) (as amended by Representation of the People Act 1985, s 24, Sch 4, para 1) — Human Rights Act 1998, Sch 1, Pt II, art 3 — European Parliamentary Elections Act 2002, s 8

  ELECTION LAW — Right to vote — Prisoner disenfranchisement — Petitioner a prisoner seeking to vote in local municipal, Scottish parliamentary and European parliamentary elections

  ELECTION LAW — Right to vote — Prisoner disenfranchisement — Petitioner a prisoner seeking to vote in United Kingdom and European parliamentary elections

  6 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered

  3 Statutes considered
• R (E) v Governing Body of JFS (United Synagogue intervening) (R (E) v Schools Adjudicator (British Humanist Association intervening))

  03 Jul 2008 [2008] EWHC 1535 (Admin); [2008] EWHC 1536 (Admin); [2008] ELR 445, QBD (Munby J)

  25 Jun 2009 [2009] EWCA Civ 626; [2009] PTSR 1442; [2009] 4 All ER 375; [2009] WLR (D) 209, CA (Sedley, Smith, Rimer LJJ)

  16 Dec 2009 [2009] UKSC 15; [2010] 2 AC 728; [2010] 2 WLR 153; [2010] PTSR 147; [2010] 1 All ER 319; [2009] WLR (D) 366; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 94.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
  Expand

  Case index catchwords

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  9 Case(s) considered

  1 Statute considered

• Napier v Pressdram Ltd

  19 May 2009 [2009] EWCA Civ 443; [2010] 1 WLR 934; [2009] WLR (D) 172, CA

  Subsequent citations: 11.
  CONFIDENTIAL INFORMATION — Duty of confidence — Whether owed
  Expand

  Case index catchwords

  CONFIDENTIAL INFORMATION — Duty of confidence — Whether owed — Complaint against solicitor to professional body — Adjudication finding conflict of interest but no sanction beyond reprimand — Decision upheld on appeal — On reference to Legal Services Ombudsman re-investigation recommended — Complainant passing information concerning outcome of proceedings to publisher of magazine — Solicitor and his firm seeking injunction to restrain publication on grounds of breach of confidence — Whether nature of information and circumstances such that reasonable person would recognise recipient ought to treat it as confidential — Whether complainant owing duty of confidentiality to solicitor not to publish information to anyone else — Whether publication to be restrained

  1 Case considered
• Duncombe v Secretary of State for Children, Schools and Families

  14 Dec 2009 [2009] EWCA Civ 1355; [2010] ICR 815; [2010] 4 All ER 335; [2009] WLR (D) 364, CA

  30 Mar 2011 [2011] UKSC 14; [2011] ICR 495; [2011] 2 All ER 417; Case details, SC(E)

  15 Jul 2011 (No 2) [2011] UKSC 36; [2011] ICR 1312; [2011] 4 All ER 1020; Case details, SC(E)

  Subsequent considerations : 3 positive; 3 neutral. Subsequent citations: 20.
  EMPLOYMENT — Unfair dismissal — Excluded classes
  Expand

  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Excluded classes — Work outside Great Britain — British teacher employed by UK Government to work at EU school in Germany — Whether jurisdiction to hear unfair dismissal claim — Employment Rights Act 1996, s 94(1)

  3 Case(s) considered

  1 Statute considered

• Coutinho v Rank Nemo (DMS) Ltd

  20 May 2009 [2009] EWCA Civ 454; [2009] ICR 1296; [2009] WLR (D) 163, CA

  09 Dec 2009 (appn dis) [2010] ICR 212, SC(E)

  DISCRIMINATION — Employment — Former employee
  Expand

  Case index catchwords

  DISCRIMINATION — Employment — Former employee — Award of compensation against respondent transferee for race discrimination and unfair dismissal by transferor — Respondent failing to pay award despite county court judgment — Claim of victimisation in retaliation for earlier proceedings — Whether claimant's status as former employee or judgment creditor precluding claim — Whether employment tribunal jurisdiction to consider claim — Race Relations Act 1976, s 2(1)

  1 Case considered

  1 Statute considered

• Secretary of State for the Home Department v GG

  23 Jul 2009 [2009] EWCA Civ 786; [2010] QB 585; [2010] 2 WLR 731; [2010] 1 All ER 721; [2009] WLR (D) 259, CA

  Subsequent citations: 15.
  TERRORISM — Control order — Obligations
  Expand

  Case index catchwords

  TERRORISM — Control order — Obligations — General statutory power allowing Home Secretary to include in control order any obligation necessary for prevention of criminal activity — Whether sufficient to allow abrogation of fundamental right to personal liberty — Whether power to abrogate right implied by specific provisions elsewhere in statute — Obligation in control order requiring controlee to submit to any personal search within home — Whether lawful — Prevention of Terrorism Act 2005, s 1(3)(4)

  5 Case(s) considered

  1 Statute considered

• Scopelight Ltd v Chief Constable of Northumbria Police Force

  07 May 2009 [2009] EWHC 958 (QB); [2009] 2 Cr App R 365, QBD

  05 Nov 2009 [2009] EWCA Civ 1156; [2010] QB 438; [2010] 2 WLR 1138; [2010] 2 All ER 431; [2010] 1 Cr App R 264; [2009] WLR (D) 317, CA

  Subsequent citations: 11.
  POLICE — Powers — Detention of evidence

  POLICE — Search, right of — Retention of seized property
  Expand

  Case index catchwords

  POLICE — Powers — Detention of evidence — Seizure of evidence — Police searching premises pursuant to search warrant — Property seized — Crown Prosecution Service deciding not to prosecute — Private company proposing to bring private prosecution — Whether police entitled to retain property lawfully seized where private prosecution being contemplated — Police and Criminal Evidence Act 1984, s 22(2)

  POLICE — Search, right of — Retention of seized property — Police investigating suspected offences seizing property during execution of warrant — Crown Prosecution Service subsequently deciding not to prosecute — Private commercial organisation wishing to bring private prosecution — Whether police entitled to retain seized property — Whether retention “necessary in all the circumstances” — Whether decision of Crown Prosecution Service determinative — Guidance as to relevant circumstances — Police and Criminal Evidence Act 1984, s 22(1)(2)(a)

  7 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v B (I)

  09 Dec 2009 [2009] EWCA Crim 2575; [2010] Bus LR 748; [2010] 2 All ER 728; [2010] 1 Cr App R 181; [2009] WLR (D) 357, CA

  CRIME — Competition — Restriction or distortion of competition
  Expand

  Case index catchwords

  CRIME — Competition — Restriction or distortion of competition — Defendant charged with dishonestly engaging in cartel activity — Whether offence “national competition law” for purposes of Council Regulation — Whether Regulation confining power to impose penalty to designated national competition authority — Whether Crown Court having jurisdiction to impose penalty — Enterprise Act 2002, s 188 — Council Regulation (EC) No 1/2003, arts 3, 5, 35

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered