Results: 421

• Merrett v Babb

  15 Feb 2001 [2001] EWCA Civ 214; [2001] QB 1174; [2001] 3 WLR 1, CA

  22 Jun 2001 (pet dis) [2001] 1 WLR 1859, HL(E)

  Subsequent citations: 30.
  NEGLIGENCE — Duty of care to whom? — Surveyor

  PRACTICE — Parties — Joinder
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — Surveyor — Valuation of house for purpose of mortgage — Surveyor employed by firm of surveyors and valuers instructed by mortgage lender — Surveyor negligently valuing house — Purchaser suffering consequential loss — Whether surveyor owing duty of care to purchaser — Whether personally liable to purchaser

  PRACTICE — Parties — Joinder — Joinder of additional plaintiff — House purchased jointly — Action in negligence claiming entire loss brought by one purchaser — Limitation period expiring before trial — Whether addition of second purchaser “necessary for the determination of the original action” — Whether “claim already made … cannot be maintained” unless second purchaser joined — Limitation Act 1980, s 35(5)(b)(6)(b)

  6 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• R v P

  11 Dec 2000 [2002] 1 AC 146; [2001] 2 WLR 463; [2001] 2 All ER 58; [2001] 2 Cr App R 121, HL(E)

  Subsequent citations: 32.
  CRIME — Evidence — Telephone intercept
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  CRIME — Evidence — Telephone intercept — Recordings of telephone conversations between national of European country and British appellants — Intercepts and recordings made in European country in accordance with local law — Whether recordings admissible in evidence at trial of appellants on drugs charges — Whether breach of appellants' rights — Whether public policy requiring exclusion — Police and Criminal Evidence Act 1984, s 78(1)(2) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), arts 6, 8

  5 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• Callery v Gray (Russell v Pal Pak Corrugated Ltd)

  17 Jul 2001 [2001] EWCA Civ 1117; [2001] 1 WLR 2112; [2001] 3 All ER 833; [2002] RTR 118, CA

  27 Jun 2002 [2002] UKHL 28; [2002] 1 WLR 2000; [2002] 3 All ER 417; [2003] RTR 71, HL(E)

  Subsequent considerations : 2 positive; 4 neutral. Subsequent citations: 113.
  COSTS — Order for costs — Personal injury claims
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  COSTS — Order for costs — Personal injury claims — Claimant seeking damages for minor injuries suffered in road traffic accident — Solicitors instructed under conditional fee agreement with success fee — Claimant taking out insurance covering risk of liability to pay defendant's costs — Claim settled without issue of proceedings — Defendant agreeing to pay reasonable costs — Whether success fee and insurance premium recoverable — Whether amount of success fee reasonable — Access to Justice Act 1999, s 29 — CPR r 44.12A

  1 Case considered

  1 Statute considered

  2 Statutory Instruments considered

• Kvaerner plc v Staatssecretaris van Financiën (Kvaerner plc v Staatssecretaris van Financiën.)

  14 Jun 2001 (Case C-191/99); EU:C:2001:332; [2002] QB 385; [2001] 3 WLR 1663; [2001] STC 1007, ECJ

  Subsequent citations: 13.
  REVENUE — Insurance tax — Liability

  EUROPEAN UNION — Non-life insurance — Directive 88/357/EEC
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  Case index catchwords

  REVENUE — Insurance tax — Liability — Liability only in member state where risk situated — State where policyholder's “establishment” situated — Whether “establishment” including subsidiaries — Council Directive 88/357/EEC, arts 2, 3, 25

  EUROPEAN UNION — Non-life insurance — Directive 88/357/EEC — Definition of establishment and the State where the risk is situated

  1 Words & Phrases considered

  1 EU Enactment considered

• Ikimi v Ikimi

  16 Oct 2000 [2001] 1 FLR 913, Fam D (Coleridge J)

  13 Jun 2001 [2001] EWCA Civ 873; [2002] Fam 72; [2001] 3 WLR 672; [2001] 2 FLR 1288, CA

  Subsequent citations: 14.
  HUSBAND AND WIFE — Divorce — Jurisdiction
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Jurisdiction — Habitual residence — Matrimonial homes of equal status in United Kingdom and Nigeria — Whether petitioner “habitually resident” in England and Wales — Domicile and Matrimonial Proceedings Act 1973, s 5(2)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Goldsmith v Customs and Excise Comrs

  25 Apr 2001 [2001] EWHC Admin 285; [2001] 1 WLR 1673, DC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 10.
  REVENUE — Customs and Excise — Importation of dutiable goods
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  REVENUE — Customs and Excise — Importation of dutiable goods — Large quantity of tobacco imported on which no duty paid — Presumption that for commercial purpose and duty payable — Commissioners seizing goods and justices granting condemnation order — Whether forfeiture and condemnation proceedings involving determination of criminal charge — Whether infringing presumption of innocence — Customs and Excise Management Act 1979, s 139, Sch 3 — Human Rights Act 1998, Sch 1, Pt I, art 6(2) — Excise Duties (Personal Reliefs) Order 1992 (as amended by Excise Duties (Personal Reliefs) (Amendment) Order 1999), art 5, Sch

  1 Case considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (Asif Javed) v Secretary of State for the Home Department (R (Abid Ali) v Secretary of State for the Home Department, R (Zulfiqar Ali) v Secretary of State for the Home Department)

  17 May 2001 [2001] EWCA Civ 789; [2002] QB 129; [2001] 3 WLR 323, CA

  Subsequent considerations : 3 neutral; most recently considered: 2015. Subsequent citations: 51.
  IMMIGRATION — Asylum — Illegal entrant
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  IMMIGRATION — Asylum — Illegal entrant — Pakistani nationals applying for asylum after entry into United Kingdom — Order designating Pakistan as country in respect of which there was “in general no serious risk of persecution” following parliamentary debate — Whether validity of order reviewable by court — Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996, art 2

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• L (A Child) v Reading Borough Council

  12 Mar 2001 [2001] EWCA Civ 346; [2001] 1 WLR 1575; [2001] 2 FLR 50, CA

  Subsequent citations: 17.
  PRACTICE — Pleadings — Striking out
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  PRACTICE — Pleadings — Striking out — Mother making unfounded allegations against father of sexual abuse of child — Police officer interviewing father and child — No prosecution brought but police officer's misrepresentation of content of interview leading to care proceedings — Father and child bringing action in negligence, misfeasance in public office and conspiracy to injure — Whether claims arguable — Whether police immune from suit — Whether claims to be struck out

  4 Case(s) considered
• R (Broadcasting, Entertainment, Cinematographic and Theatre Union) v Secretary of State for Trade and Industry (The Queen v Secretary of State for Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU).)

  26 Jun 2001 (Case C-173/99); EU:C:2001:356; [2001] 1 WLR 2313; [2001] ICR 1152; [2001] All ER (EC) 647, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 55.
  EMPLOYMENT — Working time provisions — Paid annual leave

  EUROPEAN UNION — Social policy — Protection of the health and safety of workers
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Paid annual leave — Entitlement to paid annual leave conditional on minimum period of continuous employment — Whether contrary to Community law — Working Time Regulations 1998, reg 13(7) — Council Directive 93/104/EC, art 7(1)

  EUROPEAN UNION — Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Entitlement to paid annual leave — Condition imposed by national legislation — Completion of a qualifying period of employment with the same employer

  1 EU Enactment considered

  1 Statutory Instrument considered

• Wandsworth London Borough Council v Railtrack plc

  31 Jul 2000 [2001] 1 WLR 368, QBD

  30 Jul 2001 [2001] EWCA Civ 1236; [2002] QB 756; [2002] 2 WLR 512; [2001] LGR 544, CA

  Subsequent citations: 1.
  NUISANCE — Public nuisance — Pigeon droppings
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  NUISANCE — Public nuisance — Pigeon droppings — Feral pigeons roosting under railway bridge — Pigeon droppings fouling pavement below bridge — Inconvenience and health hazard to pedestrians — Increasing cost of cleaning highway — Highway authority pursuing claims in public and private nuisance against bridge owner — Whether owner liable in nuisance — Whether liable for cost of abatement — Whether existence of statutory power to abate nuisance implying duty on local authority — Public Health Act 1961, s 74

  4 Case(s) considered

  1 Statute considered