Results: 249

• R v Rollins (R v McInerney (Michael))

  09 Oct 2009 [2009] EWCA Crim 1941; [2010] Bus LR 734; [2010] 1 All ER 1183; [2010] 1 Cr App R 14; [2009] WLR (D) 294, CA

  28 Jul 2010 [2010] UKSC 39; [2010] 1 WLR 1922; [2010] Bus LR 1529; [2010] 4 All ER 880; [2011] 1 Cr App R 4; [2010] WLR (D) 210; Case details, SC(E)

  Subsequent considerations : 1 positive; most recently considered: 2023. Subsequent citations: 14.
  FINANCIAL SERVICES — Regulator — Powers

  FINANCIAL SERVICES — Market abuse — Penalties and injunction
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  Case index catchwords

  FINANCIAL SERVICES — Regulator — Powers — Institution of proceedings— Financial Services Authority— Whether FSA empowered to institute proceedings for criminal offences under statutes other than Financial Services and Markets Act 2000— Financial Services and Markets Act 2000 (c 8), ss 401, 402 — Proceeds of Crime Act 2002 (c 29), ss 327, 328

  FINANCIAL SERVICES — Market abuse — Penalties and injunction — Institution of proceedings — Financial Services Authority — Whether FSA empowered to institute proceedings for criminal offences under statutes other than Financial Services and Markets Act 2000 — Financial Services and Markets Act 2000, ss 1(1), 401, 402 (as amended by Counter-Terrorism Act 2008, Sch 7(7), para 33(4)) — Proceeds of Crime Act 2002, ss 327(1), 328(1) (as amended by Enterprise Act 2002, Sch 2, para 40(17))

  2 Case(s) considered

  2 Statutes considered
• Copley v Lawn (Maden v Haller)

  17 Jun 2009 [2009] EWCA Civ 580; [2010] Bus LR 83; [2010] 1 All ER (Comm) 890; [2009] RTR 311; [2009] WLR (D) 200, CA

  07 Dec 2009 (appn dis) [2010] Bus LR 157, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  DAMAGES — Measure of damages — Car hire
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  Case index catchwords

  DAMAGES — Measure of damages — Car hire — Claimant entering into agreement for hire of replacement vehicle following accident caused by defendant — Defendant's insurers later offering use of free replacement vehicle — Offer failing to specify cost to insurers of providing vehicle — Claimant declining offer and continuing to use hire vehicle — Claimant seeking recovery of hire charges — Whether refusal to accept insurers’ offer unreasonable — Whether claimant failing to mitigate loss — Whether unreasonable rejection of offer depriving claimant of whole of claim

  4 Case(s) considered
• Secretary of State for the Environment, Food and Rural Affairs v Meier

  31 Jul 2008 [2008] EWCA Civ 903; [2009] 1 WLR 828; [2009] PTSR 357; [2009] 1 All ER 614, CA

  01 Dec 2009 [2009] UKSC 11; [2009] 1 WLR 2780; [2010] PTSR 321; [2010] 1 All ER 855; [2009] WLR (D) 347; Case details, SC(E)

  Subsequent considerations : 2 neutral; most recently considered: 2023. Subsequent citations: 45.
  INJUNCTION — Trespass — Order for possession
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  Case index catchwords

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Whether discretion to refuse order extending to other land order “real danger” of further occupation shown — Injunction to restrain further occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Injunction to restrain occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  5 Case(s) considered

  1 Statutory Instrument considered
• R (G) v Southwark London Borough Council

  29 Jul 2008 [2008] EWCA Civ 877; [2009] 1 WLR 34; [2008] 2 FLR 1762, CA

  20 May 2009 [2009] UKHL 26; [2009] 1 WLR 1299; [2009] PTSR 1080; [2009] 3 All ER 189; [2009] LGR 673; [2009] 2 FLR 380; [2009] WLR (D) 159, HL(E) (Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury)

  Subsequent considerations : 2 positive; 3 neutral; most recently considered: 2024. Subsequent citations: 75.
  CHILDREN — Children in need — Welfare services
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  Case index catchwords

  CHILDREN — Children in need — Welfare services — Claimant aged 17 and homeless applying to local social services authority for accommodation — Authority assessing claimant in accordance with national guidance as not needing social services support — Authority determining that claimant needing help with accommodation but not appearing to it to “require accommodation” — Claimant referred to authority's homeless persons unit and provided with accommodation under housing powers — Whether guidance lawful — Whether authority's decision that claimant not requiring accommodation lawful — Children Act 1989 (as amended by Adoption and Children Act 2002, s 116(1)), ss 17(6), 20(1)(c)

  5 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• Hutchison 3G UK Ltd v Francois

  14 May 2009 [2009] EWCA Civ 405; [2009] ICR 1323; [2009] WLR (D) 154, CA

  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision
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  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision — Claim rejected for failure to provide details — Claimant contending details faxed as attachment to claim form and applying for review — Further claim form submitted out of time — Chairman at pre-hearing review deciding particulars not sent and rejecting claim as being out of time — Subsequent review of decision to reject first claim form granted on ground of administrative error — Whether tribunal bound by finding of fact made at pre-hearing review — Whether interests of justice requiring review — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, r 34(3)(a)(e)

  1 Statutory Instrument considered
• Secretary of State for the Home Department v AF (No 3) (Secretary of State for the Home Department v AM, Secretary of State for the Home Department v AN, Secretary of State for the Home Department v AE)

  10 Mar 2008 (No 2) [2008] EWHC 453 (Admin); [2008] ACD 53, QBD (Stanley Burnton J)

  09 Apr 2008 (No 3) [2008] EWHC 689 (Admin); [2008] 4 All ER 340; The Times, 25 April 2008, QBD (Stanley Burnton J)

  17 Oct 2008 [2008] EWCA Civ 1148; [2010] 2 AC 269; [2009] 2 WLR 423; [2009] 2 All ER 602; The Times, 29 October 2008, CA

  10 Jun 2009 [2009] UKHL 28; [2010] 2 AC 269; [2009] 3 WLR 74; [2009] 3 All ER 643; 26 BHRC 738; The Times, 11 June 2009; [2009] WLR (D) 180, HL(E)

  Subsequent considerations : 12 positive; 5 neutral; 6 negative; most recently considered: 2025. Subsequent citations: 205.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing non-derogating control orders — Court hearing to consider whether Home Secretary's decision flawed — Some or all of material not disclosed to controlee — Special advocates appointed to represent controlee with sight of closed material not disclosed to controlee — Whether hearing necessarily unfair absent disclosure to controlee of irreducible minimum of information — Whether procedure in breach of controlee's Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10), Sch, para 4 — CPR, Pt 76

  10 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• De-Winter Heald v Brent London Borough Council (Al-Jarah v Brent London Borough Council)

  20 Aug 2009 [2009] EWCA Civ 930; [2010] 1 WLR 990; [2010] PTSR 572; [2009] LGR 937; [2009] WLR (D) 289, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision — Local authority delegating statutory reviews of housing decisions to independent reviews manager — Whether permissible to delegate performance of review to someone other than local authority officer or employee — Whether review conducted by someone other than local authority officer or employee unlawful — Whether independent reviews manager biased — Housing Act 1996, ss 202, 203 — Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996, art 3

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Land Securities plc v Fladgate Fielder

  18 Dec 2009 [2009] EWCA Civ 1402; [2010] Ch 467; [2010] 2 WLR 1265; [2010] PTSR 1246; [2010] 2 All ER 741; [2009] WLR (D) 380, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 17.
  TORT — Cause of action — Abuse of civil process
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  Case index catchwords

  TORT — Cause of action — Abuse of civil process — Defendant bringing judicial review proceedings challenging grant of planning permissions — Proceedings delaying claimants’ redevelopment projects — Defendants allegedly bringing proceedings as means of obtaining financial advantage from claimant rather than to quash planning decisions — Claimants bringing action for abuse of process for damages for loss caused by delay to redevelopment projects — Whether claim for abuse of process lying in respect of economic loss — Whether tort applying to judicial review proceedings — Whether defendants acting for improper or collateral advantage rendering proceedings abusive

  7 Case(s) considered
• R (Chester) v Secretary of State for Justice

  28 Oct 2009 [2009] EWHC 2923 (Admin); [2009] WLR (D) 316, QBD (Burton J)

  17 Dec 2010 [2010] EWCA Civ 1439; [2011] 1 WLR 1436; [2010] WLR (D) 337, CA

  16 Oct 2013 [2013] UKSC 63; [2014] AC 271; [2013] 3 WLR 1076; [2014] 1 All ER 683; [2013] WLR (D) 392; Case details; 2014 SC (UKSC) 25, SC

  Subsequent considerations : 2 positive; 1 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 68.
  EUROPEAN UNION — Elections — Right to vote in European Union and municipal elections

  HUMAN RIGHTS — Free elections — Interference with

  ELECTION LAW — Right to vote — Prisoner disenfranchisement
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  Case index catchwords

  EUROPEAN UNION — Elections — Right to vote in European Union and municipal elections — Statutory blanket ban on convicted prisoners voting — Prisoner serving life sentence for murder applying for his name to be included on electoral register for European Union and municipal elections — Application refused — Whether compatible with petitioner’s Treaty rights — Whether Treaties giving European Union citizens individual right to vote — Whether right having to comply with principles of European Court of Human Rights jurisprudence — Whether right limited to citizens resident in state other than that of their nationality — Representation of the People Act 1983, s 3(1) (as amended by Representation of the People Act 1985, s 24, Sch 4, para 1) — European Parliamentary Elections Act 2002, s 8 — FEU Treaty, art 20(2)(b)FEU — Charter of Fundamental Rights of the European Union, art 40

  HUMAN RIGHTS — Free elections — Interference with — Statutory blanket ban on convicted prisoners voting — Prisoners sentenced to life imprisonment for murder challenging ban — Court’s duty to “take into account” judgments and decisions of European Court of Human Rights — Decisions of European Court of Human Rights holding statutory blanket ban on convicted prisoners voting incompatible with Convention right to free expression of opinion in choice of legislature — Government challenging correctness of decisions in domestic proceedings — Whether decisions to be applied — Whether statute to be read as conferring on judiciary function of deciding whether any given prisoner to be disfranchised — Whether ban contravening Convention right to free expression of opinion in choice of legislature — Whether declaration of incompatibility to be granted — Representation of the People Act 1983, s 3(1) (as amended by Representation of the People Act 1985, s 24, Sch 4, para 1) — Human Rights Act 1998, Sch 1, Pt II, art 3 — European Parliamentary Elections Act 2002, s 8

  ELECTION LAW — Right to vote — Prisoner disenfranchisement — Petitioner a prisoner seeking to vote in local municipal, Scottish parliamentary and European parliamentary elections

  ELECTION LAW — Right to vote — Prisoner disenfranchisement — Petitioner a prisoner seeking to vote in United Kingdom and European parliamentary elections

  6 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered

  3 Statutes considered
• R (E) v Governing Body of JFS (United Synagogue intervening) (R (E) v Schools Adjudicator (British Humanist Association intervening))

  03 Jul 2008 [2008] EWHC 1535 (Admin); [2008] EWHC 1536 (Admin); [2008] ELR 445, QBD (Munby J)

  25 Jun 2009 [2009] EWCA Civ 626; [2009] PTSR 1442; [2009] 4 All ER 375; [2009] WLR (D) 209, CA (Sedley, Smith, Rimer LJJ)

  16 Dec 2009 [2009] UKSC 15; [2010] 2 AC 728; [2010] 2 WLR 153; [2010] PTSR 147; [2010] 1 All ER 319; [2009] WLR (D) 366; Case details, SC(E)

  Subsequent considerations : 4 positive; 2 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 110.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
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  Case index catchwords

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  9 Case(s) considered

  1 Statute considered