Results: 92

• Safir v Skattemyndigheten i Dalarnas Län

  28 Apr 1998 (Case C-118/96); [1999] QB 451; [1999] 2 WLR 66; [1998] ECR I-1897; EU:C:1998:170, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 18.
  EUROPEAN COMMUNITY — Free competition — Services

  EUROPEAN UNION — Freedom to provide services — Free movement of capital
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  Case index catchwords

  EUROPEAN COMMUNITY — Free competition — Services — Taxation of life assurance policies — Insurance companies established in member state taxed on yield on policies — Policyholders with companies established elsewhere taxed on premiums — Policies with companies established elsewhere having relatively onerous tax features — Whether consequential infringement of freedom to provide services — EC Treaty, art 59

  EUROPEAN UNION — Freedom to provide services — Free movement of capital — Taxation of savings in the form of life assurance — Legislation of a Member State establishing different tax regimes according to the place of establishment of the undertaking providing the services

  1 EU Enactment considered
• Van Uden Maritime BV (trading as Van Uden Africa Line) v Kommanditgesellschaft in Firma Deco-Line

  17 Nov 1998 (Case C-391/95); EU:C:1998:543; [1999] QB 1225; [1999] 2 WLR 1181; [1999] 1 All ER (Comm) 385; [1998] ECR I-7091, ECJ

  Subsequent considerations : 5 positive; 2 neutral; most recently considered: 2020. Subsequent citations: 48.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  EUROPEAN UNION — Brussels Convention — Arbitration clause
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Contract containing arbitration clause — Application to court for interim payment of invoices after arbitration proceedings started — Whether court having jurisdiction under Convention — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 5(1), 24

  EUROPEAN UNION — Brussels Convention — Arbitration clause — Interim payment — Meaning of'provisional measures'

  1 International Agreement considered
• Owners of cargo lately laden on board the ship Tatry v Owners of the ship Maciej Rataj (The Tatry)

  02 Jul 1991 [1991] 2 Lloyd's Rep 458, QBD (Sheen J)

  23 Jul 1992 [1992] 2 Lloyd's Rep 552; [1995] ILPr 114, CA

  06 Dec 1994 (Case C-406/92); EU:C:1994:400; [1999] QB 515; [1999] 2 WLR 181; [1995] All ER(EC) 229; [1995] 1 Lloyd's Rep 302; [1994] ECR I-5439, ECJ

  Subsequent considerations : 8 positive; 8 neutral; most recently considered: 2021. Subsequent citations: 125.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  SHIPPING — Conflict of laws — Forum conveniens
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Lis alibi pendens — Claim for declaration of non-liability in action in Holland — Subsequent action in England for damages — Incomplete identity of parties to two sets of proceedings — Whether proceedings “involving the same cause of action and between the same parties” — Whether court second seised to decline jurisdiction — Relationship between Brussels Convention and specialised conventions — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 21, 22, 57

  SHIPPING — Conflict of laws — Forum conveniens — Damage to goods — Actions brought in Rotterdam and England — Whether proceedings in Rotterdam involving same cause of action as proceedings in England — Whether action to be stayed — Whether Rotterdam more appropriate forum — Whether specialised Convention preventing operation of Convention relating to jurisdiction — Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 21, 22, 57 — Convention on Limitation of Liability for Maritime Claims 1976, art 6A

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  2 International Agreements considered

• First National Bank of Chicago v Customs and Excise Comrs

  14 Jul 1998 (Case C-172/96); [1999] QB 570; [1999] 2 WLR 230; EU:C:1998:354, ECJ

  Subsequent citations: 6.
  REVENUE — Value added tax — Supply of goods or services

  EUROPEAN UNION — Sixth VAT Directive — Scope
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  Case index catchwords

  REVENUE — Value added tax — Supply of goods or services — Taxable amount — Bank making no charge for foreign exchange dealing for customers — Bank's profit from spread between bid and offer prices — Whether foreign exchange transactions supply of services for consideration — What constituting taxable amount — Council Directive (77/388/EEC), arts 2(1), 11(A)(1)(a)

  EUROPEAN UNION — Sixth VAT Directive — Scope — Foreign exchange transactions

  1 EU Enactment considered

• Yves Saint Laurent Parfums SA v Javico International AG

  28 Apr 1998 (Case C-306/96); [1999] QB 477; [1998] 3 WLR 1200; EU:C:1998:173, ECJ

  Subsequent citations: 13.
  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition
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  Case index catchwords

  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition — Contract between supplier and distributor established in Community for distribution of products in non-Community countries — Term forbidding distribution outside contractual countries — Whether rules prohibiting restrictions of competition applicable — Whether affected by previous Commission decision giving exemption from rules for supplier's Community distribution network — EC Treaty, art 85(1)

  1 EU Enactment considered

• R v Secretary of State for the Environment, Ex parte Standley (National Farmers’ Union, Inteverner) (Standley, Ex parte)

  29 Apr 1999 (Case C-293/97); [1999] QB 1279; [1999] 3 WLR 744; EU:C:1999:215, ECJ

  Subsequent citations: 4.
  PUBLIC HEALTH — Pollution, control of — Agriculture

  EUROPEAN UNION — Directive 91/676/EEC — Protection of waters against pollution caused bynitrates from agricultural sources
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  Case index catchwords

  PUBLIC HEALTH — Pollution, control of — Agriculture — Areas of land draining into waters polluted by nitrates from agricultural sources — Designation as vulnerable zones — Whether designation required under Community Directive if agriculture substantial rather than sole source of pollution — Whether Directive invalid — EC Treaty, art 130r(2) — Council Directive (91/676/EEC), arts 2(j), 3(1), Annex I, para A(1)

  EUROPEAN UNION — Directive 91/676/EEC — Protection of waters against pollution caused bynitrates from agricultural sources — Identification of waters affected bypollution — Designation of vulnerable zones — Criteria — Validity in the light ofthe polluter pays principle, the principle that environmental damage should as apriority be rectified at source, the principle of proportionality and the right toproperty

  2 EU Enactments considered
• Drouot Assurances SA v Consolidated Metallurgical Industries (CMI Industrial Sites)

  19 May 1998 (Case C-351/96); EU:C:1998:242; [1999] QB 497; [1999] 2 WLR 163, ECJ

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 13.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  EUROPEAN UNION — Brussels Convention — Interpretation of Article 21
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Actions concerning contribution to general average — Insurer of vessel's hull party to one action — Vessel's owner party to other action — Whether actions “between the same parties” — Whether court second seised to decline jurisdiction — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 21

  EUROPEAN UNION — Brussels Convention — Interpretation of Article 21 — Lis alibi pendens — Definition of 'same parties' — Insurance company and its insured

  1 Case considered

  1 Words & Phrases considered

  1 International Agreement considered

• Curtis v London Rent Assessment Committee

  09 Oct 1997 [1999] QB 92; [1998] 3 WLR 1427; [1997] 4 All ER 842, CA

  Subsequent citations: 20.
  COURT OF APPEAL (CIVIL DIVISION) — Appeal — Right of appeal

  LANDLORD AND TENANT — Rent restriction — Rent assessment
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  Case index catchwords

  COURT OF APPEAL (CIVIL DIVISION) — Appeal — Right of appeal — Determination of rent assessment committee challenged by landlord on both substantive and procedural grounds — Judge finding in landlord's favour on one procedural issue — Order for rehearing by differently constituted committee — Landlord seeking to appeal judge's findings on substantive issues — Whether Court of Appeal able to vary judge's order — Whether landlord able to bring appeal

  LANDLORD AND TENANT — Rent restriction — Rent assessment — “Fair rent” — Market rent comparables available — Rent assessment committee having regard to existing registered fair rents — Rent determined significantly below market rent comparables — Committee giving reasons but not calculations for determination — Whether market rent comparables appropriate starting point for assessment of fair rent — Whether calculations required to justify departure from market rent comparables

  2 Case(s) considered

  1 Words & Phrases considered

• R v Secretary of State for the Home Department, Ex parte Sahota (R v Secretary of State for the Home Department, Ex parte Zeghraba, Sahota, Ex parte)

  23 Apr 1997 [1999] QB 597; [1998] 2 WLR 626, CA

  Subsequent citations: 7.
  IMMIGRATION — Limited leave to enter — Dependant
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  Case index catchwords

  IMMIGRATION — Limited leave to enter — Dependant — British worker living with non-EC spouse in another member state — Whether spouse entitled to same rights of residence in United Kingdom as British citizen — Whether entitled to indefinite leave to remain — Council Directive (68/360/EEC), art 4(4)

  1 Case considered

  1 EU Enactment considered
• R v Secretary of State for the Home Department, Ex p Gilmore (Ogun, Ex parte, R v Secretary of State for the Home Department, Ex parte Ogun)

  06 Jun 1997 [1999] QB 611; [1998] 2 WLR 618; [1998] 1 All ER 264; [1997] 2 Cr App R 374, DC

  Subsequent considerations : 2 negative. Subsequent citations: 4.
  EXTRADITION — Extradition crime — Conspiracy to contravene Theft Act
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  Case index catchwords

  EXTRADITION — Extradition crime — Conspiracy to contravene Theft Act — Defendants charged with conspiracies to defraud, steal, obtain money by deception and handle stolen goods — Whether extradition crimes — Extradition Act 1870 (as amended by Theft Act 1968, s 33(3)), Sch 1 — Extradition Act 1989, ss 1(3), 2, Sch 1 — United States of America (Extradition) Order 1976, art 3

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered