Results: 82

• Carboex SA v Louis Dreyfus Commodities Suisse SA (The Alpha Glory)

  12 May 2011 [2011] EWHC 1165 (Comm); [2011] 2 All ER (Comm) 365; [2011] 2 Lloyd's Rep 177; [2011] 1 CLC 954, QBD (Field J)

  19 Jun 2012 [2012] EWCA Civ 838; [2013] QB 789; [2013] 2 WLR 754; [2012] 2 All ER (Comm) 1039; [2012] 2 Lloyd's Rep 379; [2012] 2 CLC 416; [2012] WLR (D) 179; (2012) 162 NLJ 911, CA (Lord Neuberger of Abbotsbury MR, Moore-Bick, Toulson LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2012. Subsequent citations: 6.
  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Contract of affreightment containing strike provision — Discharge of cargo delayed by congestion in port due to strike action before vessels’ arrival at port — Whether strike exception applying to vessel unable to berth due to berth congestion caused by strike or only to vessel at quayside ready to discharge — Whether owners or charterers liable for delay — American Welsh Coal Charter form (1979 amendment), cl 9

  5 Case(s) considered

  1 Standard Form considered
• Williams v Central Bank of Nigeria

  08 Apr 2011 [2011] EWHC 876 (QB), QBD

  03 Apr 2012 [2012] EWCA Civ 415; [2013] QB 499; [2012] 3 WLR 1501; [2012] 3 All ER 579; [2012] WLR (D) 108, CA

  19 Feb 2014 [2014] UKSC 10; [2014] AC 1189; [2014] 2 WLR 355; [2014] 2 All ER 489; [2014] WLR (D) 88; Case details, SC(E)

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2023. Subsequent citations: 105.
  LIMITATION OF ACTION — Fraudulent breach of trust — Dishonest assistance
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  Case index catchwords

  LIMITATION OF ACTION — Fraudulent breach of trust — Dishonest assistance — Claim against bank alleging that it was party to fraudulent breach of trust by trustee — No action brought against trustee — Whether “action by a beneficiary under a trust … in respect of … fraudulent breach of trust to which the trustee was a party or privy” — Whether exception to time bar restricted to actions brought against trustee — Whether claim statute-barred — Limitation Act 1980, s 21(1)(3)

  12 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Melloni v Ministerio Fiscal

  26 Feb 2013 (Case C-399/11); EU:C:2013:107; EU:C:2012:600; [2013] QB 1067; [2013] 3 WLR 717; [2013] All ER (EC) 475; [2013] 2 CMLR 43; [2013] WLR (D) 83, ECJ

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 55.
  EUROPEAN UNION — Justice and home affairs — European arrest warrant

  EUROPEAN UNION — Police and judicial cooperation in criminal matters — European arrest warrant
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  Case index catchwords

  EUROPEAN UNION — Justice and home affairs — European arrest warrant — Defendant convicted and sentenced in absence — Warrant issued for purposes of execution of sentence — Whether executing authority precluded from making defendant’s surrender conditional upon right to have conviction reviewed — Whether such preclusion compatible with right to fair trial and right of defence — Whether executing authority entitled to make execution of warrant conditional on grounds of infringement of defendant’s fundamental rights guaranteed by national law — Council Framework Decision 2002/584/JHA, art 4a(1) (as inserted by Council Framework Decision 2009/299/JHA, art 2) — Charter of Fundamental Rights of the European Union, arts 47, 48, 53

  EUROPEAN UNION — Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Decisions rendered at the end of proceedings in which the person concerned has not appeared in person — Execution of a sentence pronounced in absentia — Possibility of review of the judgment

  2 Case(s) considered

  2 EU Enactments considered

• R v Kenny (Mark)

  30 Jan 2013 [2013] EWCA Crim 1; [2013] QB 896; [2013] 3 WLR 59; [2013] 3 All ER 85; [2013] Lloyd's Rep FC 213; [2013] 1 Cr App R 23; [2013] Crim LR 606; The Times, 12 February 2013; [2013] WLR (D) 37; [2013] CP Rep 23, CA

  Subsequent citations: 5.
  CRIME — Common law offence — Perverting course of justice
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  Case index catchwords

  CRIME — Common law offence — Perverting course of justice — Defendant breaching restraint order — Breach involving no illegality independent of breach itself — Defendant charged with conspiracy to pervert course of justice — Whether o›ence of perverting course of justice conned to acts giving rise to some other independent criminal wrongdoing — Whether simple breach of restraint order within ambit of acts tending to pervert course of justice — Whether having tendency and intended to pervert administration of public justice
• R (ToTel Ltd) v First-tier Tribunal (Tax Chamber)

  24 Mar 2011 [2011] EWHC 652 (Admin); [2012] QB 358; [2012] 2 WLR 435; [2011] STC 1485, QBD (Simon J)

  31 Oct 2012 [2012] EWCA Civ 1401; [2013] QB 860; [2013] 2 WLR 1136; [2013] STC 1557; [2012] WLR (D) 303, CA

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 14.
  REVENUE — Value added tax — Appeal
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  Case index catchwords

  REVENUE — Value added tax — Appeal — Taxpayer appealing commissioners’ assessment for recovery of previously credited input VAT — Taxpayer applying on hardship grounds not to pay disputed tax before appeal entertained — Commissioners and tribunal refusing hardship application — Whether abolition of right of appeal against tribunal’s hardship decision unlawful — Whether requirement to pay disputed input tax prior to appeal incompatible with European Union law — Whether taxpayer’s Convention rights infringed — Value Added Tax Act 1994, s 84(3)(3B)(3C) (as amended by Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, art 3, Sch 1, paras 216, 221(1)(3)(5)) — Human Rights Act 1998, Sch 1, Pt I, art 6, Pt II, art 1 — Tribunals, Courts and Enforcement Act 2007, s 11 — Finance Act 2008, s 124

  7 Case(s) considered

  4 Statutes considered

• R (Rudewicz) v Secretary of State for Justice

  24 Apr 2012 [2012] EWCA Civ 499; [2013] QB 410; [2012] 3 WLR 901; [2012] WLR (D) 121, CA

  Subsequent citations: 10.
  BURIAL — Disinterment — Licence
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  Case index catchwords

  BURIAL — Disinterment — Licence — Remains of priest belonging to Polish branch of Roman Catholic religious order interred in grounds of institution formerly owned by order — Order, supported by its superiors, applying for licence to remove remains to nearby cemetery — Strong objection to grant of licence by distant relative and by Polish community — Secretary of State granting licence — Whether presumption of permanence of burial applicable on application for licence — Whether Convention rights engaged — Whether decision to grant licence proportionate — Whether irrational — Burial Act 1857, s 25 — Human Rights Act 1998, Sch 1, Pt I, arts 8, 9

  2 Case(s) considered

  2 Statutes considered

• Wright v Cambridge Medical Group

  09 Jun 2011 [2011] EWCA Civ 669; [2013] QB 312; [2012] 3 WLR 1124; [2011] WLR (D) 189, CA

  Subsequent citations: 5.
  MEDICAL PRACTITIONER — Negligence — Causation
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  Case index catchwords

  MEDICAL PRACTITIONER — Negligence — Causation — General practitioner negligently delaying referral of claimant to hospital — Delay resulting in pain and suffering — On referral claimant receiving inadequate treatment in hospital — Delay in providing effective hospital treatment resulting in permanent injury to claimant's hip — Full recovery probable had referral been made and appropriate treatment given promptly — Whether general practitioner liable in negligence for initial pain and suffering — Whether that damage divisible from later pain and suffering — Whether capable of founding liability for permanent injury suffered in hospital — Whether presumption that claimant would have received competent and appropriate treatment in hospital had she been referred at right time — Whether presumption rebuttable or rebutted — Whether factual causal link between general practitioner's negligence and permanent injury — Whether fair just and reasonable that scope of general practitioner's duty extend to permanent injury suffered by claimant — Whether loss of chance principles extending to clinical negligence cases

  6 Case(s) considered
• Secretary of State for the Home Department v Rahman

  05 Sep 2012 (Case C-83/11); EU:C:2012:519; EU:C:2012:174; [2013] QB 249; [2013] 2 WLR 230; [2012] WLR (D) 259, ECJ

  Subsequent considerations : 7 positive; 2 neutral; 1 negative; most recently considered: 2023. Subsequent citations: 44.
  EUROPEAN UNION — Freedom of movement — Rights of entry and residence

  EUROPEAN UNION — Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
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  Case index catchwords

  EUROPEAN UNION — Freedom of movement — Rights of entry and residence — Union citizen moving to host member state — “Other family members” of Union citizen applying to host member state for residence cards as her dependants — Whether “other family members” dependent on Union citizen entitled to rights of entry and residence in citizen’s host member state — Content of host member state’s duty to “facilitate” entry and residence of such other family members — Whether necessary for other family members to have resided in same state as Union citizen or to have been dependent on her at time of her settling in host member state in order to fall within scope of duty — Whether within member states’ discretion to impose requirements relating to nature and duration of dependence — Whether residence card might be refused to other family member ceasing to be dependent on Union citizen after their entry into host member state — Parliament and Council Directive 2004/38/EC, art 3(2)

  EUROPEAN UNION — Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Article 3(2) — Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizen

  2 Words & Phrases considered

  1 EU Enactment considered
• R v Clinton (R v Parker, R v Evans)

  17 Jan 2012 [2011] EWCA Crim 2; [2013] QB 1; [2012] 3 WLR 515; [2012] 2 All ER 947; [2012] 1 Cr App R 362; [2012] WLR (D) 2; [2012] Crim LR 539; The Times, 30 January 2012, CA

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 15.
  CRIME — Homicide — Loss of self-control
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  Case index catchwords

  CRIME — Homicide — Loss of self-control — Partial defence to murder — Whether defence capable of being made out where one of its components absent — Qualifying triggers — Whether objective evaluation required — Sexual infidelity expressly excluded from consideration as qualifying trigger — Whether evidence of sexual infidelity admissible as part of context for evaluating qualifying triggers — Circumstances in which defence to be withdrawn from jury — Coroners and Justice Act 2009, ss 54, 55

  1 Statute considered
• G v de Visser

  15 Mar 2012 (Case C-292/10); EU:C:2012:142; [2013] QB 168; [2012] 3 WLR 1523; [2012] WLR (D) 87, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 18.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction

  EUROPEAN UNION — Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction — Proceedings brought in member state against defendant owner of website — Whereabouts of defendant unknown — Proceedings served on defendant by affixing notice to national court’s bulletin board — Whether jurisdiction to be determined on basis defendant “not domiciled in a member state” — Whether European Union law precluding default judgment against defendant served by public notice — Whether such default judgment capable of being certified as European enforcement order — Whether provisions of Directive concerning information society services applying if place of establishment of service provider not known — Parliament and Council Directive 2000/31/EC, art 3 — Council Regulation (EC) No 44/2001, arts 4(1), 5(3), 26(2) — Parliament and Council Regulation (EC) No 805/2004, arts 3, 14(2)

  EUROPEAN UNION — Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents — Lack of known domicile or place of abode of the defendant in the territory of a Member State — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Infringement of the right to protection of personality liable to have been committed by the publication of photographs on the Internet — Place where the harmful event occurred or may occur

  2 Case(s) considered

  1 Words & Phrases considered

  3 EU Enactments considered