Results: 871

• Karen Millen Fashions Ltd v Dunnes Stores

  19 Jun 2014 (Case C-345/13); EU:C:2014:2013; [2014] Bus LR 756; [2014] 2 All ER (Comm) 443; [2014] WLR (D) 273, ECJ

  Subsequent considerations : 2 positive; most recently considered: 2017. Subsequent citations: 8.
  DESIGN — Unregistered Community design — Validity

  EUROPEAN UNION — Regulation (EC) No 6/2002 — Community design
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  Case index catchwords

  DESIGN — Unregistered Community design — Validity — Requirement that design possess individual character in comparison with other designs — Presumption of validity where certain conditions satisfied — Whether assessment of character to be made by reference to earlier individualised designs or by amalgam of specific features of earlier designs — Whether presumption of validity applying only if design proven to have individual character — Council Regulation (EC) No 6/2002, arts 6, 85(2)

  EUROPEAN UNION — Regulation (EC) No 6/2002 — Community design — Article 6 — Individual character — Different overall impression — Article 85(2) — Unregistered Community design — Validity — Conditions — Burden of proof

  1 EU Enactment considered

• Generali-Providencia Biztosító Zrt v Közbeszerzési Hatóság Közbeszerzési Döntobizottság

  18 Dec 2014 (Case C-470/13); [2015] PTSR 612; [2014] WLR (D) 545; EU:C:2014:2469, ECJ

  Subsequent citations: 5.
  EUROPEAN UNION — Public procurement — Contract award procedure

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement
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  Case index catchwords

  EUROPEAN UNION — Public procurement — Contract award procedure — Exclusion of economic operator — Contract falling below threshold for application of EU Directive — National legislation excluding economic operator from tendering procedure for prior infringement of competition rules established by judgment — Whether EU Treaty provisions relating to freedom of establishment and freedom to provide services precluding national legislation — FEU Treaty, arts 49FEU, 56FEU — Parliament and Council Directive2004/18/EC (as amended by Commission Regulation (EC) No 1177/2009, art 2), arts 7(b), 45(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold laid down in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Applicability — Certain cross-border interest — Grounds for exclusion from a tendering procedure — Exclusion of an economic operator having committed an infringement of national competition rules, established by a judgment given not more than five years ago — Lawfulness — Proportionality

  3 Case(s) considered

  2 EU Enactments considered

• Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania

  30 Jul 2014 [2014] EWHC 2528 (Admin); [2015] 1 WLR 1953; [2014] WLR (D) 356, DC

  Subsequent citations: 22.
  EXTRADITION — Appeal — Prison conditions in requesting state
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  Case index catchwords

  EXTRADITION — Appeal — Prison conditions in requesting state — Extradition to Romania pursuant to European arrest warrant — Whether subjection to Romanian overcrowded prison conditions breach of Convention rights — Whether extradition to proceed — Human Rights Act 1998, Sch 1, Pt I, art 3

  1 Statute considered
• R v Brennan

  21 Nov 2014 [2014] EWCA Crim 2387; [2015] 1 WLR 2060; [2015] 1 Cr App R 161; [2014] WLR (D) 502, CA

  Subsequent considerations : 1 positive. Subsequent citations: 13.
  CRIME — Homicide — Diminished responsibility
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  Case index catchwords

  CRIME — Homicide — Diminished responsibility — Defendant charged with murder — Uncontradicted expert evidence adduced that defendant’s mental disorder significant contributory factor causing him to kill — Defendant convicted of murder — Whether right to continue prosecution on murder charge — Whether judge to withdraw charge from jury — Homicide Act 1957, s 2 (as substituted by Coroners and Justice Act 2009, s 52)

  4 Case(s) considered

  1 Statute considered

• R v Clayton

  23 May 2014 [2014] EWCA Crim 1030; [2014] 1 WLR 3994; [2014] 2 Cr App R 296; [2014] WLR (D) 231, CA

  Subsequent citations: 5.
  PLANNING — Enforcement notice — Failure to comply
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  Case index catchwords

  PLANNING — Enforcement notice — Failure to comply — Defendants charged with failure to comply with enforcement notice — Notice valid on face — Information available suggesting factual basis for issue of notice not in existence — Whether prosecution to be stayed as abuse of process — Whether tantamount to challenge to validity of enforcement notice in criminal proceedings — Town and Country Planning Act 1990, s 285(1) (as amended by Planning and Compensation Act 1991, Sch 19, Pt 1)

  2 Case(s) considered

  1 Statute considered

• Venn v Secretary of State for Communities and Local Government

  27 Nov 2014 [2014] EWCA Civ 1539; [2015] 1 WLR 2328; [2014] WLR (D) 513, CA

  Subsequent citations: 24.
  COSTS — Order for costs — Protective costs order

  LAW REFORM — Whether necessary — Protective costs orders
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  Case index catchwords

  COSTS — Order for costs — Protective costs order — Claimant’s statutory application to quash on environmental impact grounds decision of Secretary of State’s inspector to grant planning permission — Judge making protective costs order — Application not “Aarhus Convention claim” since not claim for judicial review — Whether application nevertheless falling within Aarhus Convention — Whether combination of statute and planning policies “provisions of … national law relating to the environment” for purposes of Convention — Whether discretion to make protective costs order in case falling within Convention but not “Aarhus Convention claim” — Whether protective costs order rightly made — Town and Country Planning Act 1990, s 288 — CPR r 45.41 — Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, art 9(3)

  LAW REFORM — Whether necessary — Protective costs orders — Civil Procedure Rules not providing power to make protective costs order in all cases where Convention so requiring — Whether legislation required to secure compliance with Convention

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered
• In re M (Brussels II Revised: Article 15) (In re D (A Child), Nottingham City Council v LM)

  18 Dec 2013 [2013] EWHC 4078 (Fam); [2014] 2 FLR 496; [2013] CN 2004, Fam D (Mostyn J)

  21 Feb 2014 [2014] EWCA Civ 152; [2014] 2 FLR 1372; [2014] WLR (D) 92, CA

  18 Sep 2014 [2014] EWHC 3388 (Fam); [2014] CN 1751, Fam D (Mostyn J)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 58.
  CHILDREN — Care proceedings — Mother’s application for transfer to courts of Czech Republic

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings

  CHILDREN — Care proceedings — Local authority seeking care and placement orders
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  Case index catchwords

  CHILDREN — Care proceedings — Mother’s application for transfer to courts of Czech Republic — Whether application to be granted

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings — Judge requesting Czech court to assume jurisdiction in relation to care proceedings concerning child — Whether judge erring — Council Regulation (EC) No 2201/2003, arts 8, 15

  CHILDREN — Care proceedings — Local authority seeking care and placement orders — Whether orders to be made

• Richmond Pharmacology Ltd v Chester Overseas Ltd

  01 Aug 2014 [2014] EWHC 2692 (Ch); [2014] Bus LR 1110; [2014] WLR (D) 365, Ch D (Stephen Jourdan QC sitting as a deputy High Court judge)

  10 Nov 2014 [2014] EWHC 3418 (Ch); [2014] CN 1970, Ch D (Stephen Jourdan QCsitting as a deputy High Court judge)

  Subsequent citations: 8.
  COSTS — Order for costs — Indemnity basis

  COMPANY — Director — Breach of duty
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  Case index catchwords

  COSTS — Order for costs — Indemnity basis — Whether claim having requisite level of unreasonableness — Whether order for indemnity costs to be made

  COMPANY — Director — Breach of duty — First defendant company having minority shareholding in claimant company — Second and third defendants appointed by first defendant to claimants’ board of directors — First defendant marketing its minority holding in claimant to third parties — Whether in course of marketing shares first defendant disclosing claimant’s confidential information to third parties — Whether breaching obligations to claimant under shareholder agreement — Test for determining whether director in breach of general statutory duties — Whether by causing first defendant to breach agreement second and third defendants breaching statutory and equitable duties owed to claimant — Whether claimant estopped from asserting that defendants in breach of duties — Companies Act 2006, ss 172, 174, 175

  2 Case(s) considered

  1 Statute considered

• R (Wiltshire Council) v Hertfordshire County Council

  22 May 2014 [2014] EWCA Civ 712; [2014] PTSR 1066; [2015] 2 All ER 518; [2015] LGR 276; [2014] WLR (D) 229, CA

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Community care services — Discharged mental patient
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  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Discharged mental patient — Dispute as to which local authority responsible for providing after-care services — Patient subject to hospital order with restrictions — Patient conditionally discharged but recalled then discharged again — Whether patient to be treated as being resident in area of same local authority as when original hospital order made — Mental Health Act 1983, s 117(1)(2)(3) (as amended by Mental Health (Patients in the Community) Act 1995, s 1(2), Sch 1, para 15 and Health and Social Care Act 2012, s 40(2)

  2 Case(s) considered

  1 Statute considered
• AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH

  11 Apr 2014 [2014] EWHC 1085 (Comm); [2015] QB 699; [2015] 2 WLR 187; [2015] 1 All ER (Comm) 374; [2014] WLR (D) 182; [2014] 2 Lloyd’s Rep 349, QBD (Popplewell J)

  26 Feb 2015 [2015] EWCA Civ 143; [2015] QB 699; [2015] 3 WLR 282; [2016] 1 All ER (Comm) 486; [2015] WLR (D) 95, CA

  28 Jul 2015 (appn all) [2015] 1 WLR 4935, SC(E)

  02 Feb 2016 (appn all) [2016] 1 WLR 1159, SC(E)

  01 Mar 2017 [2017] UKSC 13; [2018] AC 439; [2017] 2 WLR 853; [2017] 4 All ER 382; [2017] 2 All ER (Comm) 1041; [2017] WLR (D) 154; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hodge JJSC)

  Subsequent considerations : 1 positive. Subsequent citations: 51.
  COSTS — Discretion of court — Order against successful party

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction
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  Case index catchwords

  COSTS — Discretion of court — Order against successful party — Court of Appeal ordering part of costs of proceedings to be paid by successful party — Whether successful party to recover full costs — CPR r 44.2

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction — Matters relating to tort, delict or quasi-delict — Claimant entering into agreements with clients containing exclusive English jurisdiction clauses — German defendant allegedly inducing clients to breach clauses by bringing claims against claimant in Germany — Claimant bringing claim against defendant in England alleging tort of wrongfully inducing breach of contract — Nature of harm resulting from alleged tortious conduct — Whether “harmful event occurred” in England — Whether English court having jurisdiction — Council Regulation (EC) No 44/2001, art 5(3)

  5 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered