Results: 5891

• DCC Holdings (UK) Ltd v Revenue and Customs Comrs

  08 May 2007 [2007] 5 WLUK 152, Special Comrs (Charles Hellier)

  17 Oct 2008 [2008] EWHC 2429 (Ch); [2009] STC 77, Ch D (Norris J)

  10 Nov 2009 [2009] EWCA Civ 1165; [2010] STC 80, CA (Rix, Moses and Rimer LJJ)

  15 Dec 2010 [2010] UKSC 58; [2011] 1 WLR 44; [2011] 1 All ER 537; [2011] STC 326; [2010] WLR (D) 333; Case details, SC(E)

  Subsequent considerations : 2 positive. Subsequent citations: 18.
  REVENUE — Corporation tax — Deemed loan transactions

  STATUTE — Construction — Deeming provision
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  Case index catchwords

  REVENUE — Corporation tax — Deemed loan transactions — Correct application of deeming provisions — “Repo” transactions providing for securities to be bought and sold back for specified price after pre-determined period — Tax statute deeming repo transactions to be short-term secured loans — Statute requiring interest payments to be brought into account as credits and debits from deemed loan relationship — Taxpayer company buying gilts under repo transaction — Taxpayer receiving six-monthly interest coupon during 18-day period of ownership — Taxpayer claiming deeming provision allowing credit for apportioned interest only but debit for full interest payment — Whether deeming provision to be restricted to extent necessary to reflect statutory purpose — Whether statutory purpose requiring symmetrical debits and credits in respect of deemed loan relationship — Income and Corporation Taxes Act 1988 (as amended by Finance Act 1994, s 122, Finance Act 1995, s 80(1), Finance Act 1996, s 205, Sch 41, Pt V(21) and Finance Act 1997, s 113, Sch 18, Pt VI(10)), ss 730A(2), 737A — Finance Act 1996 (as amended by Finance Act 1997, s 113, Sch 18, Pt VI(10)), ss 84(1), 97(2)(4)

  STATUTE — Construction — Deeming provision — Correct application — Artificial assumption required by deeming provision not to be taken further than warranted by statutory purpose

  4 Case(s) considered

  2 Statutes considered
• Gray v Thames Trains Ltd

  06 Jul 2007 [2007] EWHC 1558 (QB), QBD (Flaux J)

  25 Jun 2008 [2008] EWCA Civ 713; [2009] AC 1339; [2009] 2 WLR 351, CA

  17 Jun 2009 [2009] UKHL 33; [2009] AC 1339; [2009] 3 WLR 167; [2009] 4 All ER 81; [2009] WLR (D) 195, HL(E)

  Subsequent considerations : 8 positive; 1 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 47.
  NEGLIGENCE — Causation — Loss of earnings
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  Case index catchwords

  NEGLIGENCE — Causation — Loss of earnings — Claimant injured in railway accident caused by defendants' negligence — Claimant suffering post-traumatic stress disorder causing severe depression and psychological changes — Claimant killing man whilst suffering from disorder and pleading guilty to manslaughter due to diminished responsibility — Damages for loss of earnings resulting from post-traumatic stress disorder — Whether claim for loss of earnings sustained after date of killing barred on grounds of public policy — Whether detention breaking chain of causation — Whether other heads of claim barred on grounds of public policy from date of killing

  9 Case(s) 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
• Chartbrook Ltd v Persimmon Homes Ltd

  02 Mar 2007 [2007] EWHC 409 (Ch); [2007] 1 All ER (Comm) 1083, Ch D (Briggs J)

  12 Mar 2008 [2008] EWCA Civ 183; [2008] 2 All ER (Comm) 387, Ch D (Lord Justice Tuckey, Lord Justice Lawrence Collins and, Lord Justice Rimer)

  01 Jul 2009 [2009] UKHL 38; [2009] AC 1101; [2009] 3 WLR 267; [2009] Bus LR 1200; [2009] 4 All ER 677; [2010] 1 All ER (Comm) 365; [2009] WLR (D) 223, HL(E)

  Subsequent considerations : 13 positive; 3 neutral; 2 negative; most recently considered: 2022. Subsequent citations: 226.
  CONTRACT — Construction — Pre-contract negotiations
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  Case index catchwords

  CONTRACT — Construction — Pre-contract negotiations — Parties disputing amounts due under component of price of contract — Disputed component defined in contract — Whether ordinary rules of construction applying — Whether evidence of parties' negotiations admissible as aid to construction where disputed term defined in contract — Whether rectification to be granted

  14 Case(s) 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

• McGlinn v Waltham Contractors Ltd (No 3)

  21 Feb 2007 [2007] EWHC 149 (TCC); [2008] Bus LR 233, QBD

  Subsequent citations: 7.
  BUILDING — Architect — Duty to inspect

  BUILDING — Contract — Damages
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  Case index catchwords

  BUILDING — Architect — Duty to inspect — Claimant engaging architects in construction of house — Architects inspecting works once a month at time of site meetings — Whether inspection adequate — Whether architects in breach of duty to inspect

  BUILDING — Contract — Damages — Claimant engaging architects and engineers in construction of house — Architects and engineers found to be partially liable for numerous defects — Measure of damages for reinstatement — Whether damages to be assessed by reference to cost of demolition and rebuilding or cost of repair

  5 Case(s) considered
• Raschid v General Medical Council (Fatnani v General Medical Council)

  15 Jan 2007 [2007] EWCA Civ 46; [2007] 1 WLR 1460; [2007] ICR 811, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 191.
  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal
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  Case index catchwords

  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal — Doctors appealing against suspension and erasure from register imposed by panel — Extent of court's jurisdiction to vary penalty imposed by panel — Medical Act 1983, ss 36(1) (as amended by Medical Act 1983 (Amendment) Order 2000, art 5), 40(7) (as substituted by Medical Act 1983 (Amendment) Order 2002, art 13)

  4 Case(s) considered

  1 Statute considered

• R (Hirst) v Secretary of State for the Home Department

  22 Mar 2002 [2002] EWHC 602 (Admin); [2002] 1 WLR 2929, QBD

  06 Jul 2006 [2006] EWCA Civ 945; [2006] 1 WLR 3083; [2006] 4 All ER 639, CA

  17 Jul 2007 (pet dis) [2007] 1 WLR 2021, HL(E)

  Subsequent citations: 11.
  PRISONS — Prisoners’ rights — Media interviews

  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Media interviews — Prisoner seeking permission to give telephone interviews to radio journalist concerning prison issues — Prison rule that permission to be given only in exceptional circumstances — Policy of Secretary of State on permission more restrictive than prison rule — Whether prison rule and policy lawful — Whether restriction on right to freedom of expression justified — Human Rights Act 1998, Sch 1, Pt I, art 10

  PRISONS — Prisoners’ rights — Release on licence — Revocation of discretionary life sentence prisoner's licence — Whether statutory scheme for recall to prison compatible with right to liberty — Crime (Sentences) Act 1997, s 32 — Human Rights Act 1998, Sch 1, Pt I, art 5

  3 Case(s) considered

  3 Statutes considered