Results: 64

• NML Capital Ltd v Republic of Argentina

  29 Jan 2009 [2009] EWHC 110 (Comm); [2009] QB 579; [2009] 2 WLR 1332; [2009] 1 All ER (Comm) 697; [2009] 1 Lloyd's Rep 378, QBD

  04 Feb 2010 [2010] EWCA Civ 41; [2011] QB 8; [2010] 3 WLR 874; [2010] 2 All ER (Comm) 1206; [2010] 2 Lloyd's Rep 442; [2010] WLR (D) 28, CA

  06 Jul 2011 [2011] UKSC 31; [2011] 2 AC 495; [2011] 3 WLR 273; [2011] 4 All ER 1191; [2012] 1 All ER (Comm) 1081; [2011] 2 Lloyd's Rep 628; [2011] WLR (D) 220; Case details, SC(E)

  Subsequent considerations : 5 positive; 2 neutral; 2 negative; most recently considered: 2024. Subsequent citations: 85.
  INTERNATIONAL LAW — State immunity — Foreign judgment

  PRACTICE — Claim form — Service out of jurisdiction
  Expand

  Case index catchwords

  INTERNATIONAL LAW — State immunity — Foreign judgment — Claimant obtaining New York judgment against foreign state in respect of default on bonds — Claimant bringing claim in England for enforcement of New York judgment — Whether proceedings in England “relating to … a commercial transaction” — Statutory provision allowing for recognition of judgment of foreign court where court would have had jurisdiction on basis of rules applicable in United Kingdom — Whether provision jurisdictional — Whether applicable only if statutory exception to state immunity applying — Whether terms of bond amounting to submission to English jurisdiction — State Immunity Act 1978, ss 1, 2, 3(1) — Civil Jurisdiction and Judgments Act 1982, s 31(1)

  PRACTICE — Claim form — Service out of jurisdiction — Claimant seeking to serve proceedings on foreign state — Claimant pleading state not immune from suit — Basis of contention legally flawed — Whether procedural error capable of remedy — Whether discretion to permit claimant to argue new bases for jurisdiction — CPR rr 3.10, 6.20(9)

  10 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (BA (Nigeria)) v Secretary of State for the Home Department (R (PE (Cameroon)) v Secretary of State for the Home Department, R (Etame) v Secretary of State for the Home Department)

  23 May 2008 [2008] EWHC 1140 (Admin); [2008] 4 All ER 798; [2009] Imm AR 61, QBD (Blake J)

  26 Feb 2009 [2009] EWCA Civ 119; [2009] QB 686; [2009] 2 WLR 1370; [2009] INLR 284; The Times, 23 March 2009, CA

  26 Nov 2009 [2009] UKSC 7; [2010] 1 AC 444; [2009] 3 WLR 1253; [2010] 2 All ER 95; [2010] Imm AR 363; [2010] INLR 307; [2009] WLR (D) 344; The Times, 1 December 2009; Case details, SC(E)

  Subsequent considerations : 2 negative. Subsequent citations: 72.
  IMMIGRATION — Asylum — Appeal
  Expand

  Case index catchwords

  IMMIGRATION — Asylum — Appeal — Claimants' asylum and human rights claims rejected — Deportation orders made — Claimants making representations on asylum and human rights grounds for revocation of deportation orders — Secretary of State refusing to revoke deportation orders — Whether claimants' rights of appeal to Asylum and Immigration Tribunal against refusals exercisable from within United Kingdom — Whether rights so exercisable only where “asylum claim” or “human rights claim” fresh — Nationality, Immigration and Asylum Act 2002, ss 92(4)(a), 113 — Statement of Changes in Immigration Rules (1994) (HC 395), r 353

  7 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Government of the Islamic Republic of Iran v The Barakat Galleries Ltd

  29 Mar 2007 [2007] EWHC 705 (QB), QBD (Gray J)

  21 Dec 2007 [2007] EWCA Civ 1374; [2009] QB 22; [2008] 3 WLR 486; [2008] 1 All ER 1177; [2008] 2 All ER (Comm) 225, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 14.
  CONFLICT OF LAWS — Jurisdiction — Claim by foreign state
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Claim by foreign state — Recovery of antiquities — Objects excavated and unlawfully removed from Iran — Iranian Government claiming return of objects it had never possessed — Whether obtaining title to objects pursuant to Iranian statute — Whether claim involving enforcement of penal or public law of foreign state — Whether patrimonial claim — Whether English court to recognise or enforce title absent Iranian Government's prior possession

  5 Case(s) considered

• R (Gilboy) v Liverpool City Council

  15 Oct 2007 [2007] EWHC 2335 (Admin); [2007] LGR 837, QBD

  02 Jul 2008 [2008] EWCA Civ 751; [2008] LGR 521, CA

  02 Jul 2008 [2008] EWCA Civ 751; [2009] QB 699; [2009] 3 WLR 300; [2009] PTSR 987; [2008] 4 All ER 127; [2008] LGR 521, CA

  Subsequent citations: 13.
  HOUSING — Demoted tenancy — Proceedings for possession
  Expand

  Case index catchwords

  HOUSING — Demoted tenancy — Proceedings for possession — Local housing authority officer deciding to terminate demoted tenancy on ground of anti-social behaviour — Senior officer conducting internal review deciding case for possession made out — Tenant claiming judicial review of review officer's decision — Whether review procedure violating Convention right to fair trial by “independent and impartial tribunal” — Whether permissible to delegate review to officer of another authority — Local Government Act 1972, s 101 — Housing Act 1985, s 82A (as inserted by Anti-social Behaviour Act 2003, s 14(2)) — Housing Act 1996, ss 143D-143F (as inserted by Anti-social Behaviour Act 2003, s 14(5), Sch 1, Pt I) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Demoted Tenancies (Review of Decisions) (England) Regulations 2004, reg 2(2)

  7 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered

  1 Statutory Instrument considered
• Cain v Francis (McKay v Hamlani)

  18 Dec 2008 [2008] EWCA Civ 1451; [2009] QB 754; [2009] 3 WLR 551; [2009] 2 All ER 579; [2009] RTR 212, CA

  Subsequent considerations : 3 positive. Subsequent citations: 59.
  LIMITATION OF ACTION — Personal injuries — Time limit, power to override
  Expand

  Case index catchwords

  LIMITATION OF ACTION — Personal injuries — Time limit, power to override — Claim for damages for personal injury sustained in road traffic accident — Defendant admitting liability — Claim subsequently becoming statute-barred on expiry of primary limitation period — Application to disapply primary limitation period — Whether defendant's loss of accrued limitation defence relevant consideration — Guidance as to exercise of discretion — Limitation Act 1980, ss 11, 33

  6 Case(s) considered

  1 Statute considered
• Masri v Consolidated Contractors International (UK) Ltd (No 3)

  25 May 2007 [2007] EWHC 1510 (Comm), QBD (Judge Mackie QC)

  06 Jun 2008 [2008] EWCA Civ 625; [2009] QB 503; [2009] 2 WLR 669; [2009] Bus LR 216; [2008] 2 All ER (Comm) 1146; [2008] 2 Lloyd's Rep 301, CA

  Subsequent considerations : 3 neutral; 1 negative. Subsequent citations: 51.
  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings
  Expand

  Case index catchwords

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Claimant obtaining damages award against foreign defendants in English High Court — Defendants issuing foreign proceedings disputing liability to claimant — Claimant seeking anti-suit injunction — Whether claimant required to establish separate cause of action not to be sued — Whether power to grant post-judgment anti-suit injunction ancillary to substantive proceedings — Whether discretion to be exercised — Council Regulation (EC) No 44/2001, arts 2, 31

  9 Case(s) considered

  1 EU Enactment considered
• Gibson v Revenue and Customs Prosecutions Office

  19 Jun 2007 [2007] EWHC 1405 (Admin), QBD (James Goudie QC)

  12 Jun 2008 [2008] EWCA Civ 645; [2009] QB 348; [2009] 2 WLR 471; [2008] 2 FLR 1672; The Times, 14 July 2008, CA (May, Arden, Wall LJJ)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 12.
  CRIME — Sentence — Confiscation order
  Expand

  Case index catchwords

  CRIME — Sentence — Confiscation order — Confiscation order made against defendant following conviction for drug trafficking offence— Defendant’s wife asserting half interest in matrimonial home and endowment policies held in joint names— Judge finding wife becoming aware after acquisition that proceeds of crime being used to pay mortgage and make policy payments— Whether statutory jurisdiction to confiscate wife’s interest as gift from defendant— Whether public policy conferring jurisdiction to reduce extent of wife’s interest to reflect her guilty knowledge— Drug Trafficking Act 1994 (c 37), s 8

  4 Case(s) considered

  1 Statute considered
• Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH

  12 Nov 2008 [2008] EWCA Civ 1257; [2009] QB 725; [2009] 3 WLR 324; [2009] Bus LR 696, CA

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  NEGLIGENCE — Extra-hazardous acts — Delegation to independent contractor

  VICARIOUS LIABILITY — Employment — Negligence
  Expand

  Case index catchwords

  NEGLIGENCE — Extra-hazardous acts — Delegation to independent contractor — Fire caused by negligence of independent contractor's employees during welding operation — Whether operation to be carried out by independent contractor exceptionally dangerous whatever precautions taken — Whether employer liable

  VICARIOUS LIABILITY — Employment — Negligence — Defendant contracting with claimant to design and build mill at waste recycling plant — Defendant hiring independent contractor to carry out site work — Fire caused on site by negligence of independent contractor's employees — Whether independent contractor's employees to be treated as having temporarily become employees of defendant — Whether defendant liable for negligent acts

  9 Case(s) considered

• R (Kelly) v Secretary of State for Justice (R (Bailey) v Secretary of State for Justice, R (Gibson) v Governor of Wymott Prison)

  02 Nov 2007 [2007] EWHC 2670 (Admin), QBD

  12 Mar 2008 [2008] EWCA Civ 177; [2009] QB 204; [2008] 3 WLR 1044; [2008] 3 All ER 844, CA

  Subsequent citations: 12.
  PRISONS — Prisoners’ rights — Release on licence

  STATUTORY INSTRUMENT — Construction — Obvious drafting error
  Expand

  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Long-term prisoners re-released following release on licence and recall — Whether re-release unconditional or on licence — Criminal Justice Act 1991, s 33(3) (as amended by Crime and Disorder Act 1998, ss 104(1), 119, Sch 8, para 80(1)(a)(b)) — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, para 23 (1)(b)

  STATUTORY INSTRUMENT — Construction — Obvious drafting error — Penal provision — Secretary of State making Order commencing statute and containing transitional provisions for early release of prisoners convicted of offences committed before statute coming into force — Provision apparently providing for unconditional early release of certain prisoners — Whether obvious drafting error — Whether permissible to construe Order purposively so as to correct error — Criminal Justice Act 1991, s 33(3) (as amended by Crime and Disorder Act 1998, ss 104(1), 119, Sch 8, para 80(1)(a)(b)) — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, para 23 (1)(b)

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• R v Kenning (R v Blackshaw, R v Fenwick)

  24 Jun 2008 [2008] EWCA Crim 531; [2009] QB 221; [2008] 3 WLR 1306; [2008] 2 Cr App R 451, CA

  05 Nov 2008 [2008] EWCA Civ 1534, CA

  Subsequent considerations : 2 negative; most recently considered: 2025. Subsequent citations: 2.
  CRIME — Conspiracy — Conspiracy to aid and abet
  Expand

  Case index catchwords

  CRIME — Conspiracy — Conspiracy to aid and abet — Defendants charged with conspiracy to aid and abet production of controlled drug — Whether agreement to aid and abet capable of constituting criminal conspiracy — Criminal Law Act 1977, s 1(1) (as substituted by Criminal Attempts Act 1981, s 5)

  1 Case considered

  1 Statute considered