Results: 394

• Johnston v Chief Constable of the Royal Ulster Constabulary

  15 May 1986 (Case C-222/84); (Case C-222/84); EU:C:1986:206; [1987] QB 129; [1986] 3 WLR 1038; [1987] ICR 83; [1986] 3 All ER 135; [1986] ECR I-01651, ECJ

  Subsequent considerations : 3 positive; 4 neutral. Subsequent citations: 163.
  DISCRIMINATION, SEX — Employment — Dismissal

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation
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  DISCRIMINATION, SEX — Employment — Dismissal — Male police officers armed as protection against terrorists — Policy for women officers to be unarmed — Women officers' duties restricted — Requirement for women police officers diminished — Dismissal — Whether policy for protection of women — Whether policy contrary to public policy — Sex Discrimination (Northern Ireland) Order 1976, art 53(1)(2) — Council Directive (76/207/EEC), arts 2(2), 6

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation — United Kingdom legislation to implement principle of equal treatment for men and women employees — Derogation from principle — Public policy — Council Directive (76/207/EEC), arts 2(2)(3), 6 — Sex Discrimination (Northern Ireland) Order 1976, art 53(1)(2)

  3 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• Hurd v Jones

  15 Jan 1986 (Case C-44/84); (Case C-44/84); [1986] QB 892; [1986] 3 WLR 189; EU:C:1986:2, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  DISCRIMINATION, RACE — Nationality — Taxation

  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction

  EUROPEAN ECONOMIC COMMUNITY — European schools — Adoption of Statute and Protocol

  EUROPEAN ECONOMIC COMMUNITY — Mutual co-operation and assistance — Matters outside framework of Community law
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  DISCRIMINATION, RACE — Nationality — Taxation — English national teaching in European school in England — Taxation of European supplement — Payments to other nationals not taxed — Whether discrimination against own nationals — Whether United Kingdom required to comply with school governors' decision relating to taxation — EEC Treaty (Cmnd 5179-II), art 7

  EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — Statute and Protocol setting up European schools — Agreement linked to, but not part of, Community law — Whether court having jurisdiction to interpret — Whether jurisdiction limited to scrutiny and scope — EEC Treaty (Cmnd 5179-II), art 177 — EEC Act of Accession (Cmnd 5179-I), art 3(1)

  EUROPEAN ECONOMIC COMMUNITY — European schools — Adoption of Statute and Protocol — Original member states adopting school governors' decision under Statute — Whether United Kingdom in same position — EEC Act of Accession (Cmnd 5179-I), art 3(1)(3)

  EUROPEAN ECONOMIC COMMUNITY — Mutual co-operation and assistance — Matters outside framework of Community law — Payment of European supplement to teachers in European schools — Taxation of English national's supplement payable in England — Behaviour affecting Community finances — Whether contravention of duty able to be relied on by individual in proceedings against member state — EEC Treaty (Cmnd 5179-II), art 5

  2 EU Enactments considered
• Marshall v Southampton and South West Hampshire Area Health Authority (Teaching)

  26 Feb 1986 (Case C-152/84); EU:C:1986:84; [1986] QB 401; [1986] 2 WLR 780; [1986] ICR 335; [1986] 2 All ER 584, ECJ

  Subsequent considerations : 8 positive; 3 neutral. Subsequent citations: 192.
  DISCRIMINATION, SEX — Employment — Retirement

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation
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  DISCRIMINATION, SEX — Employment — Retirement — Health authority employees retired on reaching pension age — Different age for men and women — Age of retirement linked to qualifying age for state pension — Whether “dismissal” — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation — Enforcement against member state — Public authority's discrimination against female employee — National legislation not conforming to Directive — Sex Discrimination Act 1975, s 6(4) — Council Directive (76/207/EEC), art 5(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Drake v Chief Adjudication Officer

  24 Jun 1986 (Case C-150/85); (Case C-150/85); [1987] QB 166; [1986] 3 WLR 1005; [1986] 3 All ER 65; EU:C:1986:257, ECJ

  Subsequent considerations : 2 positive. Subsequent citations: 20.
  SOCIAL SECURITY — Invalid care allowance — Disqualification from benefit
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  SOCIAL SECURITY — Invalid care allowance — Disqualification from benefit — Married woman giving up work to look after invalid — Married woman living with husband not entitled to benefit — Whether refusal of benefit contrary to principle of equal treatment for men and women in matters of social security — Council Directive (79/7/EEC), arts 3(1), 4(1) — Social Security Act 1975, s 37(3)(a)

  1 EU Enactment 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

• In re Imperial Foods Ltd Pension Scheme

  07 Feb 1986 [1986] 1 WLR 717; [1986] 2 All ER 802, Ch D

  Subsequent citations: 7.
  TRUSTS — Pension scheme — Actuary's valuation
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  Case index catchwords

  TRUSTS — Pension scheme — Actuary's valuation — Subsidiary company's employees transferring to new scheme — Proportion of existing fund to be transferred to new scheme — Whether actuary's valuation calculated on appropriate basis — Whether grounds for court to set aside valuation

  2 Case(s) considered

• Balco Transport Services Ltd v Secretary of State for the Environment (No 2)

  25 Jul 1985 [1986] 1 WLR 88; [1985] 3 All ER 689; 84 LGR 427, CA

  TOWN PLANNING — Purchase notice — Refusal of planning permission
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  Case index catchwords

  TOWN PLANNING — Purchase notice — Refusal of planning permission — Land rendered incapable of reasonably beneficial use by previous landowner's breach of planning control — Breach proceedings no longer capable of enforcement — Whether breach of planning control to be disregarded in deciding whether land capable of reasonably beneficial use in existing state — Whether subsequent landowner entitled to compel council to acquire land — Town and Country Planning Act 1971, s 180(1)

  2 Case(s) 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

• Maharaj v Jai Chand

  07 Jul 1986 [1986] AC 898; [1986] 3 WLR 440; [1986] 3 All ER 107, PC

  Subsequent citations: 2.
  ESTOPPEL — Conduct, by — Equitable

  FIJI — Native land — Unlawful “dealing” with
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  Case index catchwords

  ESTOPPEL — Conduct, by — Equitable — Plaintiff building house on native land — False statement concerning marriage to obtain lease — Defendant believing house to be permanent home for her and children — Plaintiff leaving and allowing defendant to remain indefinitely — Whether plaintiff estopped from denying defendant's right “dealing” with land — Native Land Trust Act (Laws of Fiji, 1978 rev, c 134), s 12(1)

  FIJI — Native land — Unlawful “dealing” with — Plaintiff obtaining lease of native land by falsely stating plaintiff married to defendant — Defendant believing house to be permanent home for her and children — Plaintiff leaving and allowing defendant to remain indefinitely — Plaintiff claiming possession — Whether estopped from denying defendant's right to reside permanently in house — Whether defendant's right dealing with land — Native Land Trust Act, s 12(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Overseas Enactment considered
• Bayer AG v Winter

  20 Dec 1985 [1986] 1 WLR 497; [1986] 1 All ER 733, CA

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 28.
  INJUNCTION — Interlocutory — Jurisdiction to grant
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  Case index catchwords

  INJUNCTION — Interlocutory — Jurisdiction to grant — Interlocutory orders requiring defendant to disclose information and deliver up documents — Risk of defendant leaving country — Whether jurisdiction to restrain defendant from leaving country and to deliver up passports — Supreme Court Act 1981, s 37(1)

  3 Case(s) considered

  1 Statute considered