Results: 104

• Rösler v Rottwinkel

  15 Jan 1985 (Case C-241/83); (Case C-241/83); [1986] QB 33; [1985] 3 WLR 898; EU:C:1985:6, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 17.
  CONFLICT OF LAWS — Jurisdiction — Immovable property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Immovable property — European Economic Community granting exclusive jurisdiction to court of situs — German nationals' tenancy agreement for holiday villa in Italy — Claim for compensation under lease and loss of holiday enjoyment — Whether Italian courts having exclusive jurisdiction — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Journal Officiel, 1972, L 299, p 32), art 16(1)

  1 International Agreement considered
• Hurd v Jones

  15 Jan 1986 (Case C-44/84); (Case C-44/84); [1986] QB 892; [1986] 3 WLR 189; EU:C:1986:2, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  DISCRIMINATION, RACE — Nationality — Taxation

  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction

  EUROPEAN ECONOMIC COMMUNITY — European schools — Adoption of Statute and Protocol

  EUROPEAN ECONOMIC COMMUNITY — Mutual co-operation and assistance — Matters outside framework of Community law
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  DISCRIMINATION, RACE — Nationality — Taxation — English national teaching in European school in England — Taxation of European supplement — Payments to other nationals not taxed — Whether discrimination against own nationals — Whether United Kingdom required to comply with school governors' decision relating to taxation — EEC Treaty (Cmnd 5179-II), art 7

  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — Statute and Protocol setting up European schools — Agreement linked to, but not part of, Community law — Whether court having jurisdiction to interpret — Whether jurisdiction limited to scrutiny and scope — EEC Treaty (Cmnd 5179-II), art 177 — EEC Act of Accession (Cmnd 5179-I), art 3(1)

  EUROPEAN ECONOMIC COMMUNITY — European schools — Adoption of Statute and Protocol — Original member states adopting school governors' decision under Statute — Whether United Kingdom in same position — EEC Act of Accession (Cmnd 5179-I), art 3(1)(3)

  EUROPEAN ECONOMIC COMMUNITY — Mutual co-operation and assistance — Matters outside framework of Community law — Payment of European supplement to teachers in European schools — Taxation of English national's supplement payable in England — Behaviour affecting Community finances — Whether contravention of duty able to be relied on by individual in proceedings against member state — EEC Treaty (Cmnd 5179-II), art 5

  2 EU Enactments considered
• Marshall v Southampton and South West Hampshire Area Health Authority (Teaching)

  26 Feb 1986 (Case C-152/84); EU:C:1986:84; [1986] QB 401; [1986] 2 WLR 780; [1986] ICR 335; [1986] 2 All ER 584, ECJ

  Subsequent considerations : 8 positive; 3 neutral. Subsequent citations: 192.
  DISCRIMINATION, SEX — Employment — Retirement

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation
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  DISCRIMINATION, SEX — Employment — Retirement — Health authority employees retired on reaching pension age — Different age for men and women — Age of retirement linked to qualifying age for state pension — Whether “dismissal” — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation — Enforcement against member state — Public authority's discrimination against female employee — National legislation not conforming to Directive — Sex Discrimination Act 1975, s 6(4) — Council Directive (76/207/EEC), art 5(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• Winch v Jones (Winch v Hayward)

  09 Jul 1985 [1986] QB 296; [1985] 3 WLR 729; [1985] 3 All ER 97, CA

  Subsequent citations: 14.
  MENTAL DISORDER — Leave to bring proceedings — Actions in negligence
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  MENTAL DISORDER — Leave to bring proceedings — Actions in negligence — Proposed claims against medical practitioners — Whether justification for fuller investigation sufficient ground for leave to be granted — Mental Health Act 1983, s 139(2)
• R v Waltham Forest Justices, Ex parte Solanke (Solanke, Ex parte)

  21 Dec 1984 [1986] QB 479; [1985] 3 WLR 788; [1985] 3 All ER 727, QBD

  23 Jun 1986 [1986] QB 983; [1986] 3 WLR 315; [1986] 2 All ER 981, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 3.
  JUSTICES — Liability to suit — Acting in execution of office
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  JUSTICES — Liability to suit — Acting in execution of office — Periodical payments order not registered — Justices believing order registered committing plaintiff to prison for non-payment of arrears — No jurisdiction to make committal order — Plaintiff claiming damages — Whether justices acting in execution of office — Whether justices' liability limited to one penny — Justices of the Peace Act 1979, s 52(1)

  2 Case(s) considered
• James Graham and Co (Timber) Ltd v Southgate-Sands

  18 Feb 1985 [1986] QB 80; [1985] 2 WLR 1044; [1985] 2 All ER 344, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  GUARANTEE — Debt — Co-sureties' liability
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  GUARANTEE — Debt — Co-sureties' liability — Sureties jointly and severally liable for debt — Signature of one surety forged on guarantee — Co-surety signing without knowledge of forgery — Whether co-surety liable in respect of sum guaranteed

  2 Case(s) considered

• Cartlidge v Chief Adjudication Officer

  28 Nov 1985 [1986] QB 360; [1986] 2 WLR 558; [1986] ICR 256; [1986] 2 All ER 1, CA

  SOCIAL SECURITY — Unemployment benefit — Disqualification from benefit
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  Case index catchwords

  SOCIAL SECURITY — Unemployment benefit — Disqualification from benefit — Miners' strike causing stoppage of work — Claimant not participating in strike — Contract of employment terminated on ground of redundancy — Whether claimant directly interested in trade dispute — Social Security Act 1975, s 19(1)(a) (as amended by Employment Protection Act 1975, s 111(1))
• Ex parte Waldron

  17 May 1985 The Times, 6 June 1985, QBD (Kennedy J)

  02 Oct 1985 [1986] QB 824; [1985] 3 WLR 1090; [1985] 3 All ER 775, CA

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2023. Subsequent citations: 26.
  MENTAL DISORDER — Leave to bring proceedings — Judicial review
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  Case index catchwords

  MENTAL DISORDER — Leave to bring proceedings — Judicial review — Patient's admission to hospital for treatment — Patient's application for leave to apply for judicial review to quash application for admission — Whether constituting “civil proceedings” — Whether court having jurisdiction to grant leave — Mental Health Act 1983, ss 3, 139

  4 Case(s) considered

  1 Words & Phrases considered
• Riches v News Group Newspapers Ltd

  20 Feb 1985 [1986] QB 256; [1985] 3 WLR 432; [1985] 2 All ER 845, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 19.
  LIBEL AND SLANDER — Damages for libel — Exemplary damages
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  LIBEL AND SLANDER — Damages for libel — Exemplary damages — Action by several plaintiffs against newspaper — Direction to jury on exemplary damages — Assessment and apportionment of damages

  3 Case(s) considered

• Muduroglu Ltd v T C Ziraat Bankasi

  03 Jul 1986 [1986] QB 1225; [1986] 3 WLR 606; [1986] 3 All ER 682, CA

  05 Nov 1986 (pet dis) [1986] 1 WLR 1379, HL(E)

  Subsequent citations: 3.
  PRACTICE — Stay of proceedings — Jurisdiction
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction — Turkish Cypriot company entering into construction contract for works in Libya — Counter-guarantee of advance payments by Turkish bank — Counter-guarantee secured by deposits by plaintiffs — Turkish bank paying under counter-guarantee and enforcing security — Action by plaintiffs to recover deposits — Whether action to be stayed — Exercise of discretion

  4 Case(s) considered