Results: 63

• Awoyomi v Radford

  12 Jul 2007 [2007] EWHC 1671 (QB); [2008] QB 793; [2008] 3 WLR 34, QBD

  Subsequent citations: 3.
  BARRISTER — Negligence — Immunity from suit

  LIMITATION OF ACTION — Negligence — Accrual of cause of action
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  Case index catchwords

  BARRISTER — Negligence — Immunity from suit — Claims for negligence against barristers in respect of criminal trial taking place in 1995 — Whether barristers enjoying immunity from suit in 1995

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Barristers' immunity from suit — House of Lords' decision ending immunity — Action brought within six years of House of Lords' decision in respect of events 11 years earlier — Whether cause of action accruing prior to House of Lords' decision — Limitation Act 1980, s 2

  5 Case(s) considered

  1 Statute considered

• Togher v Revenue and Customs Prosecution Office

  03 Apr 2006 [2006] EWHC 1212 (Admin), QBD (Collins J)

  05 Jul 2007 [2007] EWCA Civ 686; [2008] QB 476; [2008] 2 WLR 82, CA (Chadwick, Dyson and Thomas LJJ)

  23 Jan 2008 (pet dis) [2008] 1 WLR 357, HL(E)

  Subsequent citations: 2.
  HUMAN RIGHTS — Penalty — Confiscation order
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  Case index catchwords

  HUMAN RIGHTS — Penalty — Confiscation order — Confiscation order imposed following conviction of drug trafficking offences with prison term in default of payment and restraint order over assets — Order made pursuant to new statutory provision not providing for discharge of confiscation order on service of default term — Statute in force at time of commission of offences discharging confiscation order in such circumstances — Whether effect of confiscation order and term in default to be considered together — Whether “penalty” — Whether enforcement of order following service of default term constituting heavier penalty than that applicable when offence committed — Whether breach of Convention rights — Whether court to exercise discretion against enforcement — Whether restraint order to be discharged as serving no purpose — Drug Trafficking Act 1994, s 9(5) — Human Rights Act 1998, s 6(2)(b), Sch 1, Pt I, art 7(1)

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• MT (Algeria) v Secretary of State for the Home Department (U (Algeria) v Secretary of State for the Home Department)

  30 Jul 2007 [2007] EWCA Civ 808; [2008] QB 533; [2008] 2 WLR 159; [2008] 2 All ER 786, CA

  29 Apr 2008 (pet all) [2008] 1 WLR 953, HL

  18 Feb 2009 [2009] UKHL 10; [2010] 2 AC 110; [2009] 2 WLR 512; [2009] 4 All ER 1045, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 147.
  IMMIGRATION — Deportation — Conducive to public good
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  Case index catchwords

  IMMIGRATION — Deportation — Conducive to public good — Deportation orders made by Secretary of State on ground of national security — Appeals to Special Immigration Appeals Commission — Grounds on which Court of Appeal having jurisdiction to entertain further appeal — Whether real risk of inhuman treatment on return — Proper approach of commission — Whether consideration of closed evidence denial of fair hearing — Whether assurances given by receiving state regarding risk of inhuman treatment acceptable — Whether provision for monitoring compliance with assurances necessary — Whether composition of court in receiving state or risk that evidence obtained by torture would be admitted at trial flagrant breaches of Convention right to fair hearing — Whether 50 days' detention flagrant breach of Convention right to liberty — Special Immigration Appeals Commission Act 1997, ss 5, 7 — Human Rights Act 1998, Sch 1, Pt I, arts 3, 5, 6 — Special Immigration Appeals Commission (Procedure) Rules 2003, r 4 — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1F(c)

  8 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

  1 International Agreement considered
• McKennitt v Ash

  03 Dec 2005 [2005] EWHC 3003 (QB), QBD (Eady J)

  14 Dec 2006 [2006] EWCA Civ 1714; [2008] QB 73; [2007] 3 WLR 194, CA

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 161.
  CONFIDENTIAL INFORMATION — Disclosure — Public interest
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Disclosure — Public interest — Defendant's book disclosing details of claimant musician's private life — Author formerly close friend of claimant — Whether breach of confidence — Whether violation of right to privacy — Whether author's right to freedom of expression outweighing claimant's right to private life — Whether court entitled to apply previous decision of European Court of Human Rights — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10

  7 Case(s) considered

  1 Statute considered
• R (Baiai) v Secretary of State for the Home Department

  10 Apr 2006 [2006] EWHC 823 (Admin); [2007] 1 WLR 693; [2006] 3 All ER 608; [2006] 2 FLR 645; [2006] 2 FCR 131; The Times, 14 April 2006, QBD (Silber J)

  16 Jun 2006 (No 2) [2006] EWHC 1454 (Admin); [2007] 1 WLR 735; [2006] 4 All ER 555, QBD (Silber J)

  23 May 2007 [2007] EWCA Civ 478; [2008] QB 143; [2007] 3 WLR 573; [2007] 4 All ER 199; [2007] 2 FLR 627; [2007] 2 FCR 421, CA

  30 Jul 2008 (Joint Council for the Welfare of Immigrants intervening) [2008] UKHL 53; [2009] AC 287; [2008] 3 WLR 549; [2008] 3 All ER 1094; [2008] 2 FLR 1462; [2008] 3 FCR 1; The Times, 13 August 2008, HL(E)

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2022. Subsequent citations: 35.
  HUMAN RIGHTS — Right to marry — Interference with
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  Case index catchwords

  HUMAN RIGHTS — Right to marry — Interference with — Persons subject to immigration control — Requirement of written permission from Secretary of State to marry — No such requirement in Case of marriage conducted according to Church of England rites — Whether statutory provisions or Secretary of State's policy breaching Convention right to marry — Whether discrimination on grounds of religion or nationality — Human Rights Act 1998, Sch 1, Pt I, arts 12, 14 — Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 19 — Immigration (Procedure for Marriage) Regulations 2005, regs 7, 8

  HUMAN RIGHTS — Right to marry — Interference with — Persons subject to immigration control — Requirement of written permission from Secretary of State to marry — Permission refused to illegal immigrant — Whether statutory provisions or Secretary of State's policy breaching Convention right to marry — Whether discrimination on grounds of religion or nationality — Human Rights Act 1998, Sch 1, Pt I, arts 12, 14 — Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 19 — Immigration (Procedure for Marriage) Regulations 2005, regs 7, 8

  13 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Johnson) v Havering London Borough Council

  11 Jul 2006 [2006] EWHC 1714 (Admin); [2006] LGR 631, QBD (Forbes J)

  30 Jan 2007 (Secretary of State for Constitutional Affairs intervening) [2007] EWCA Civ 26; [2008] QB 1; [2007] 2 WLR 1097; [2007] LGR 241, CA

  Subsequent citations: 5.
  HUMAN RIGHTS — Public authority — Functions of public nature
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  Case index catchwords

  HUMAN RIGHTS — Public authority — Functions of public nature — Local authority under duty to arrange accommodation for claimants — Local authority placing claimant in private care home — Private care home giving claimant notice to leave — Declaration sought by claimant that removal from home contrary to Convention rights — Whether private care home exercising “functions of public nature” in providing care and accommodation — Whether transfer of local authority care home to private organisation unlawfully depriving residents of Convention rights — National Assistance Act 1948 (as amended by Local Government Act 1972, s 195(6), Sch 23, para 2(1), Children Act 1989, s 108(5), Sch 13, para 11(1), National Health Service and Community Care Act 1990, s 42(1) and Community Care (Residential Accommodation) Act 1992, s 1(1)), ss 21, 26 — Human Rights Act 1998, s 6(1)(3)(b)

  9 Case(s) considered

  2 Statutes considered

• Halpern v Halpern (No 2)

  04 Jul 2006 [2006] EWHC 1728 (Comm); [2007] QB 88; [2006] 3 WLR 946; [2006] 3 All ER 1139; [2006] 2 All ER (Comm) 484; [2006] 2 CLC 479; The Times, 18 July 2006, QBD (Nigel Teare QC)

  03 Apr 2007 [2007] EWCA Civ 291; [2008] QB 195; [2007] 3 WLR 849; [2007] 3 All ER 478; [2007] 2 All ER (Comm) 330; [2007] 2 Lloyd's Rep 56; [2007] 1 CLC 527; The Times, 14 May 2007, CA (Waller, Sedley and Carnwath LJJ)

  Subsequent citations: 23.
  CONFLICT OF LAWS — Contract — Proper law

  CONTRACT — Rescission — Counter-restitution
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  Case index catchwords

  CONFLICT OF LAWS — Contract — Proper law — Parties entering into compromise agreement — Defendants contending agreement governed by Jewish law — Whether non-national system of law capable of being governing law — Whether Jewish law applicable as aid to interpretation of agreement — Contracts (Applicable Law) Act, 1990, Sch 1, arts 1, 3, 4

  CONTRACT — Rescission — Counter-restitution — Inheritance dispute compromised by agreement — Claimants seeking damages for breach of agreement — Defendants pleading entitlement to avoid agreement for duress — Whether contract procured by duress could be avoided without providing counter-restitution

  7 Case(s) considered

  1 Statute considered

• Koo Golden East Mongolia v Bank of Nova Scotia

  19 Dec 2007 [2007] EWCA Civ 1443; [2008] QB 717; [2008] 2 WLR 1160; [2008] Bus LR 744; [2008] 2 All ER (Comm) 314, CA

  23 Apr 2008 (pet dis) [2008] Bus LR 960, HL(E)

  Subsequent citations: 11.
  PRACTICE — Discovery — State immunity
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  Case index catchwords

  PRACTICE — Discovery — State immunity — Claimant seeking to recover gold allegedly removed in breach of contract from deposit in foreign central bank — Claimant seeking disclosure of confidential information from bank concerning precious metals account held by central bank with view to suing third parties — Whether central bank entitled to immunity from suit — Whether bank agent for central bank — Whether claimant entitled to discovery — State Immunity Act 1978, ss 1, 3, 13, 14

  3 Case(s) considered

  1 Statute considered

• R v Jones (Ian)

  15 May 2007 [2007] EWCA Crim 1118; [2008] QB 460; [2007] 3 WLR 907; [2007] 4 All ER 112; [2007] 2 Cr App R 267, CA

  Subsequent citations: 2.
  CRIME — Sexual offences — Inciting child to engage in sexual activity
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  Case index catchwords

  CRIME — Sexual offences — Inciting child to engage in sexual activity — Entrapment — Undercover police officer posing as child — Defendant inciting police officer to engage in sexual activity — Whether substantive offence requiring incitement of identifiable child — Whether defendant entrapped into committing offence — Sexual Offences Act 2003, s 8

  3 Case(s) considered

  1 Statute considered
• R (Teleos plc) v Customs and Excise Comrs

  02 Mar 2005 [2005] EWCA Civ 200; [2005] 1 WLR 3007; [2005] STC 1471, CA

  27 Sep 2007 (Case C-409/04); EU:C:2007:548; [2008] QB 600; [2008] 2 WLR 574; [2008] STC 706, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 52.
  PRACTICE — Interim relief — Ground for order

  REVENUE — Value added tax — Intra-Community acquisition and supply

  EUROPEAN UNION — Sixth VAT Directive — First subparagraph of Article 28a3 and first subparagraph of Article 28cAa
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  Case index catchwords

  PRACTICE — Interim relief — Ground for order — VAT dispute referred to European Court of Justice — Taxpayer seeking interim relief pending decision — Whether commissioners' discretion to grant relief sufficient to comply with EC law — Whether court having jurisdiction to grant relief — CPR rr 25.1, 25.7

  REVENUE — Value added tax — Intra-Community acquisition and supply — Spanish purchaser fraudulently purporting to export goods from United Kingdom to France and Spain — Whether supply only if physical movement of goods between member states — Whether innocent supplier liable for VAT — Whether purchaser's declaration of intra-Community acquisition to Spanish tax authorities evidence that goods left state of supply — Whether conclusive — Council Directive 77/388/EEC (as amended by Council Directive 91/680/EEC, art 1(22)), arts 28a, 28c(A)(a)

  EUROPEAN UNION — Sixth VAT Directive — First subparagraph of Article 28a3 and first subparagraph of Article 28cAa — Intra-Community acquisition — Intra-Community supply — Exemption — Goods dispatched or transported to another Member State — Evidence — National measures to combat fraud

  2 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered