Results: 88

• R v Mullen

  04 Feb 1999 [2000] QB 520; [1999] 3 WLR 777; [1999] 2 Cr App R 143, CA

  19 Mar 2004 [2004] EWCA Crim 602; [2004] 2 Cr App R 290, CA

  Subsequent considerations : 5 positive; 3 neutral. Subsequent citations: 87.
  CRIME — Court of Appeal (Criminal Division) — Jurisdiction

  CRIME — Evidence — Video recording
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Abuse of process — Defendant deported from Zimbabwe to England — Collusion alleged between security services to bypass extradition formalities — Whether conduct of prosecuting authorities to be taken into account — Whether prosecution abuse of process — Whether conviction unsafe — Criminal Appeal Act 1968 (as amended by Criminal Appeal Act 1995 s 2), s 2(1)(a)

  CRIME — Evidence — Video recording — Child witness — Evidence-in-chief of complainant and supporting witness on video recording — Request by jury for replaying of video after retirement — Judge failing to establish at outset reason for jury's request — Whether defect in procedure affecting safety of conviction — Whether discretion to permit replaying of video evidence limited to complainant's evidence — Whether members of public to be excluded during playing or replaying of evidence

  4 Case(s) considered

  1 Statute considered

• Commission of the European Communities v Ireland

  21 Sep 1999 (Case C-392/96); EU:C:1999:431; [2000] QB 636; [2000] 2 WLR 958, ECJ

  Subsequent citations: 27.
  EUROPEAN COMMUNITY — Council Directive — Transposition into national law

  EUROPEAN COMMUNITY — Environment — Environmental impact assessment

  EUROPEAN UNION — Environment — Directive 85/337/EEC
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Transposition into national law — Defective transposition alleged — Whether necessary for Commission to demonstrate defect apparent in practical application of transposing legislation — Whether sufficient to demonstrate defect manifest in wording of legislation

  EUROPEAN COMMUNITY — Environment — Environmental impact assessment — Projects requiring assessment — Member states' discretion to set thresholds — Limits of discretion — Whether setting of threshold relating to size of project alone permissible — Council Directive (85/337/EEC), arts 2(1), 4(2)

  EUROPEAN UNION — Environment — Directive 85/337/EEC — Assessment of the effects of certainpublic or private projects — Setting of thresholds

  1 Case considered

  1 EU Enactment considered
• Banks v Théâtre Royal de la Monnaie

  30 Mar 2000 (Case C-178/97); EU:C:2000:169; [2000] QB 865; [2000] 3 WLR 1069; [2000] All ER (EC) 324; [2000] ECR I-2005, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 16.
  EUROPEAN COMMUNITY — Social security — Migrant workers

  EUROPEAN UNION — Social security for migrant workers — Determination of the legislation applicable- Scope of the E 101 Certificate
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Migrant workers — Worker normally self-employed in one member state performing limited work in another member state — Conditions for worker remaining subject to first state's social security legislation — Certificate by first state's social security institution stating that worker remaining subject to that state's legislation — Whether certificate binding in second state — Whether capable of retroactive effect — Council Regulation (EEC) No 1408/71 (as amended), art 14a(1)(a) — Council Regulation (EEC) No 574/72 (as amended), art 11a(1)

  EUROPEAN UNION — Social security for migrant workers — Determination of the legislation applicable- Scope of the E 101 Certificate

  1 Case considered

  2 EU Enactments considered
• Turner v Grovit

  28 May 1999 [2000] QB 345; [1999] 3 WLR 794; [1999] ICR 1114; [1999] 3 All ER 616, CA

  13 Dec 2001 [2001] UKHL 65; [2002] 1 WLR 107; [2002] ICR 94; [2002] 1 All ER 960; [2002] 1 All ER (Comm) 320, HL(E)

  27 Apr 2004 (Case C-159/02); EU:C:2004:228; [2005] 1 AC 101; [2004] 3 WLR 1193; [2005] ICR 23; [2004] 2 All ER (Comm) 381; [2004] All ER (EC) 485; [2004] 2 Lloyd's Rep 169, ECJ

  Subsequent considerations : 3 positive; 7 neutral; 2 negative; most recently considered: 2018. Subsequent citations: 142.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings

  EUROPEAN UNION — Brussels Convention — Proceedings brought in a Contracting State
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Employee commencing proceedings in England against corporate employer for unfair dismissal — Employment tribunal accepting jurisdiction — Proceedings subsequently commenced in Spain against employee by another member of corporate group — Whether English and Spanish proceedings between same parties — Whether employment tribunal first seised of proceedings — Civil Jurisdiction and Judgments Act 1982, Sch 1 (as substituted by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990), art 21

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in Spain against plaintiff in English proceedings — Spanish proceedings having sole purpose of harassing plaintiff — Whether abuse of process of English court — Whether jurisdiction to grant injunction restraining pursuit of Spanish proceedings

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in Spain against plaintiff in English proceedings — Spanish proceedings having sole purpose of harassing plaintiff — Whether abuse of process of English court — Whether jurisdiction to grant injunction restraining pursuit of Spanish proceedings — Whether order inconsistent with Brussels Convention — Civil Jurisdiction and Judgments Act 1982 (c 27), s. 2(1), Sch. 2, art 3(1)

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in European Convention contracting state — Action commenced in another state with aim of frustrating existing proceedings — Whether court of first state competent to grant injunction against commencement or continuation of proceedings in second state — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 28

  EUROPEAN UNION — Brussels Convention — Proceedings brought in a Contracting State — Proceedings brought in another Contracting State by the defendant in the existing proceedings — Defendant acting in bad faith in order to frustrate the existing proceedings — Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State

  4 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• Réunion Européenne SA v Spliethoff’s Bevrachtingskantoor BV

  27 Oct 1998 (Case C-51/97); EU:C:1998:509; [2000] QB 690; [2000] 3 WLR 1213, ECJ

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 48.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention

  EUROPEAN UNION — Brussels Convention — Interpretation of Articles 51 and 3 and 6
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — International transport operation by sea and land — Bill of lading issued by company not domiciled in Convention country — Action for damage to goods against carrier not mentioned in bill of lading — Whether action in contract or in tort — Determination of “place where … harmful event occurred” — Whether court seised of action against issuer of bill of lading having jurisdiction — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 5(1)(3), 6(1)

  EUROPEAN UNION — Brussels Convention — Interpretation of Articles 51 and 3 and 6 — Claim forcompensation by the consignee or insurer of the goods on the basis of the bill oflading against a defendant who did not issue the bill of lading but is regarded bythe plaintiff as the actual maritime carrier

  2 Case(s) considered

  1 Words & Phrases considered

  1 International Agreement considered
• Fitzwilliam Executive Search Ltd v Bestuur van het Landelijk Instituut Sociale Verzekeringen (Note)

  10 Feb 2000 (Case C-202/97); EU:C:2000:75; [2000] QB 906; [2000] 3 WLR 1107; [2000] ECR I-883, ECJ

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 24.
  EUROPEAN COMMUNITY — Social security — Migrant workers

  EUROPEAN UNION — Social security for migrant workers — Determination of the legislation applicable
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Migrant workers — Employee posted to perform limited work in another member state for employer — Conditions for employee remaining subject to state of origin's social security legislation — Certificate by state of origin's social security institution stating that employee remaining subject to its legislation — Whether certificate binding on institutions of other states — Council Regulation (EEC) No 1408/71 (as amended), art 14(1)(a) — Council Regulation (EEC) No 574/72 (as amended), art 11(1)(a)

  EUROPEAN UNION — Social security for migrant workers — Determination of the legislation applicable — Temporary workers posted to another Member State

  2 EU Enactments considered

• Attorney-General’s Reference (No 2 of 1998)

  28 Apr 1999 [2000] QB 412; [1999] 3 WLR 961, CA

  COMPANY — Investigation of affairs — Furnishing false information
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  Case index catchwords

  COMPANY — Investigation of affairs — Furnishing false information — Disqualified director suspected of involvement in management of company — Department of Trade and Industry inspectors obtaining documents from company — Inspectors questioning company employees about content of documents — Whether requirement to provide explanation of documents limited to exposition of text — Whether capable of including supplementary questions or clarification of apparent discrepancies — Companies Act 1985, ss 447(5)(a)(ii), 451

  1 Case considered

  1 Statute considered

• de Rothschild v Bell

  18 Feb 1999 [2000] QB 33; [1999] 2 WLR 1237; [1999] 2 All ER 722; [1999] 1 FLR 1246, CA

  Subsequent citations: 1.
  BANKRUPTCY — Property passing to trustee — Statutory tenancy

  LANDLORD AND TENANT — Security of tenure — Residential tenancy
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Statutory tenancy — Bankrupt remaining in property let on long lease at low rent — Whether right to statutory protection of tenancy “property” capable of forming part of bankrupt's estate — Whether vesting in trustee and capable of being disclaimed — Insolvency Act 1986, s 283(1)(a)

  LANDLORD AND TENANT — Security of tenure — Residential tenancy — Long lease at low rent in name of joint tenants — Whether one tenant alone entitled to benefit from statutory protection on determination of lease by effluxion of time — Landlord and Tenant Act 1954 (as amended by Leasehold Reform Act 1967; s 39(2), Sch 5, para 3(1)(a): Rent Act 1968, s 117(2), Sch 15 and Rent Act 1977, s 155, Sch 23, para 15), ss 1, 2, 3, 4, 6, 12

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R v Lord Chancellor, Ex parte Lightfoot (Lightfoot, Ex parte)

  31 Jul 1998 [2000] QB 597; [1999] 2 WLR 1126; [1998] 4 All ER 764, QBD

  23 Jul 1999 [2000] QB 597; [2000] 2 WLR 318; [1999] 4 All ER 583, CA

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 24.
  STATUTORY INSTRUMENT — Validity — Whether ultra vires
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  Case index catchwords

  STATUTORY INSTRUMENT — Validity — Whether ultra vires — Debtor presenting petition for bankruptcy required to pay to court deposit as security — Whether debtor having constitutional right of access to court — Whether requirement to pay deposit infringing constitutional right — Whether lawful — Insolvency Fees Order 1986, arts 8(1), 9(b) (as amended by Insolvency Fees (Amendment) Order 1994, art 3(d)(ii))

  4 Case(s) considered

  1 Statutory Instrument considered
• Artesian Residential Developments Ltd v Beck

  19 Mar 1999 [2000] QB 541; [2000] 2 WLR 357; [1999] 3 All ER 113, CA

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Assured fixed term tenancy — Tenancy agreement containing provision for re-entry and determination for arrears of rent — Tenant falling into arrears — Landlord obtaining possession order — Whether landlord making parallel claim for forfeiture — Tenant applying for suspension of order and paying off arrears — Whether county court having power to grant relief from forfeiture in proceedings for possession of property held under assured tenancy — County Courts Act 1984, s 138(1) — Housing Act 1988, ss 5(1), 7(6), 45(4)

  2 Statutes considered