Results: 401

• Rösler v Rottwinkel

  15 Jan 1985 (Case C-241/83); (Case C-241/83); [1986] QB 33; [1985] 3 WLR 898; EU:C:1985:6, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 17.
  CONFLICT OF LAWS — Jurisdiction — Immovable property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Immovable property — European Economic Community granting exclusive jurisdiction to court of situs — German nationals' tenancy agreement for holiday villa in Italy — Claim for compensation under lease and loss of holiday enjoyment — Whether Italian courts having exclusive jurisdiction — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Journal Officiel, 1972, L 299, p 32), art 16(1)

  1 International Agreement considered
• Partenreederei ms Tilly Russ v Haven & Vervoebedrijf Nova NV

  19 Jun 1984 (Case C-71/83); EU:C:1984:217; [1985] QB 931; [1985] 3 WLR 179, ECJ

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 32.
  SHIPPING — Conflict of laws — Foreign jurisdiction clause
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  Case index catchwords

  SHIPPING — Conflict of laws — Foreign jurisdiction clause — Community law — Bills of lading clause requiring disputes to be settled by courts of Hamburg — Whether agreement in writing or evidence of oral agreement — Whether clause effective as between carrier and ultimate holder of bill — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Official Journal 1978, L 304, p 1), art 17

  3 Case(s) considered

  1 EU Enactment considered
• Ordre des Avocats au Barreau de Paris v Klopp

  12 Jul 1984 (Case C-107/83); [1985] QB 711; [1985] 2 WLR 1058; (Case C-107/83); EU:C:1984:270, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  EUROPEAN ECONOMIC COMMUNITY — Freedom of establishment — Membership of profession
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  Case index catchwords

  EUROPEAN ECONOMIC COMMUNITY — Freedom of establishment — Membership of profession — German advocate with practice in Germany — Advocate qualifying as “avocat” in France — Application for membership of Paris Bar — French law and rules of Paris Bar restricting avccats to one place of practice — Membership of Paris Bar refused while advocate maintaining practice in Germany — No relevant directives under Treaty — Whether application of national restriction incompatible with right of establishment — EEC Treaty (Cmnd 5179-II), art 52

  1 EU Enactment considered
• Hampstead Way Investments Ltd v Lewis-Weare

  24 Jan 1985 [1985] 1 WLR 164; [1985] 1 All ER 564, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  LANDLORD AND TENANT — Rent restriction — Personal occupation
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  LANDLORD AND TENANT — Rent restriction — Personal occupation — Statutory tenant of flat moving into nearby house — Continued use of flat for sleeping in five times a week — Whether continued occupation of flat “as his residence” — Rent Act 1977, s 2(1)(a)(3) — Rent Act 1968, s 3(2)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

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

  06 Jul 1984 [1984] 1 WLR 1269; [1984] 3 All ER 257, CA

  21 Feb 1985 (pet dis) [1985] 1 WLR 393, HL(E)

  Subsequent citations: 122.
  IMMIGRATION — Illegal entrant — False statement
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  Case index catchwords

  IMMIGRATION — Illegal entrant — False statement — Leave obtained by deceit — Immigration officer giving directions for removal of illegal entrant — Whether directions valid — Immigration Act 1971, Sch 2, para 9

  1 Case considered
• Bristol and West Building Society v Henning

  02 Apr 1985 [1985] 1 WLR 778; [1985] 2 All ER 606, CA

  Subsequent considerations : 1 positive. Subsequent citations: 8.
  TRUSTS — Constructive trust — Joint enterprise
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  Case index catchwords

  TRUSTS — Constructive trust — Joint enterprise — Man and woman acquiring property for family home — Purchase in man's name by building society mortgage — Imputed intention of parties — Man leaving home — Mortgage instalments unpaid — Society's claim for possession — Whether woman's equitable interest in priority to mortgagee's rights

  2 Case(s) considered
• R v Spencer (R v Smails)

  02 Nov 1984 [1985] QB 771; [1985] 2 WLR 197; [1985] 1 All ER 673; 80 Cr App R 264, CA

  24 Jul 1986 [1987] AC 128; [1986] 3 WLR 348; [1986] 3 All ER 928; 83 Cr App R 277, HL(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 21.
  CRIME — Evidence — Corroboration

  CRIME — Jury — Irregularity

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction
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  Case index catchwords

  CRIME — Evidence — Corroboration — Patients detained in secure hospital — Complaints against nurses of ill-treatment — Warning of danger of convicting on patient's uncorroborated evidence — Whether essential

  CRIME — Jury — Irregularity — Biased juror discharged from jury — Members of jury directed not to discuss case with discharged juror — Three members disregarding direction — Whether irregularity affecting trial

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction — Doctrine of stare decisis — Application of doctrine to Criminal Division — Whether Criminal Division bound to follow earlier decision

  14 Case(s) considered
• Thomas v National Union of Mineworkers (South Wales Area)

  11 Feb 1985 [1986] Ch 20; [1985] 2 WLR 1081; [1985] ICR 886; [1985] 2 All ER 1, Ch D (Scott J)

  Subsequent considerations : 1 positive. Subsequent citations: 24.
  INDUSTRIAL RELATIONS — Pickets — Attendance at place
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  Case index catchwords

  INDUSTRIAL RELATIONS — Pickets — Attendance at place — Picketing in large numbers outside colliery gates in furtherance of trade dispute — Arrangements made by individual colliery lodges — Picketing outside miners' homes and other buildings — Picketing accompanied by verbal abuse and threats of violence — Interference with right to use public highway — Whether tortious — Whether union vicariously liable for lodges — Whether individual members of trade union entitled to restrain ultra vires actions by union — Whether secondary picketing necessarily tortuous — Conspiracy and Protection of Property Act 1875, s 7 — Trade Union and Labour Relations Act 1974, ss 13, 15(1) (as amended by Trade Union and Labour Relations (Amendment) Act 1976, s 3(2) and Employment Act 1980, s 16(1)) — Employment Act 1980, ss 16(2), 17

  9 Case(s) considered

  3 Statutes considered
• Orphanos v Queen Mary College

  01 Apr 1985 [1985] AC 761; [1985] 2 WLR 703; [1985] 2 All ER 233, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 21.
  DISCRIMINATION, RACE — Racial group — Non-EEC nationals

  EDUCATION — Students' fees — Overseas students
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  Case index catchwords

  DISCRIMINATION, RACE — Racial group — Non-EEC nationals — College charging higher fees for non-residents of EEC for reasons of economy — Whether policy “justifiable irrespective of … national origins” — Whether student able to recover overpayment of fees — Race Relations Act 1976, ss 1(1)(b), 17, 57(3), 72

  EDUCATION — Students' fees — Overseas students — Cypriot resident in England for education purposes only — Acceptance by college as overseas student not “ordinarily resident” in EEC — Subsequent court ruling that “ordinarily resident” includes residence for education purposes only — Whether student entitled to rebate of difference between overseas students' rate paid and home students' rate

  1 Words & Phrases considered
• R v Hancock (R v Shankland)

  31 Oct 1985 [1986] AC 455; [1985] 3 WLR 1014, CA

  27 Feb 1986 [1986] AC 455; [1986] 2 WLR 357; [1986] 1 All ER 641; 82 Cr App R 264, HL(E)

  24 Jul 1989 [1990] 2 QB 242; [1990] 2 WLR 640; [1990] 3 All ER 183; 90 Cr App R 422, CA

  Subsequent considerations : 6 positive; 1 neutral; 1 negative. Subsequent citations: 18.
  CRIME — Homicide — Murder

  CRIME — Theft — Treasure trove
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  Case index catchwords

  CRIME — Homicide — Murder — Mental element — Concrete block dropped from bridge on to highway killing taxi driver — Prime purpose not to kill or cause injury — Whether death natural consequence of action — Whether foreseeability of probable consequences relevant — Whether meaning of intent requiring elaboration

  CRIME — Theft — Treasure trove — Celtic silver coins — Whether coroner's inquisition necessary pre-requisite of criminal prosecution — Whether for jury to determine status and ownership of coins — Burden and standard of proof

  4 Case(s) considered