Results: 316

• Mayeur v Association Promotion de l’Information Messine (APIM)

  26 Sep 2000 (Case C-175/99); EU:C:2000:505; [2002] ICR 1316, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer

  EUROPEAN UNION — Maintenance of workers' rights in the event of transfer of an undertaking — Transfer to a municipality of an activity previously carried out, in the interests of that municipality, by a legal person established under private law
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  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Body governed by private law carrying out activities promoting interests of local authority — Activities taken over by local authority — Whether “transfer” of undertaking — Council Directive 77/187/EEC, art 1(1)

  EUROPEAN UNION — Maintenance of workers' rights in the event of transfer of an undertaking — Transfer to a municipality of an activity previously carried out, in the interests of that municipality, by a legal person established under private law

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment 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
• R v Secretary of State for the Home Department, Ex parte Savas (Savas, Ex parte)

  11 May 2000 (Case C-37/98); EU:C:2000:224; [2000] 1 WLR 1828; [2000] All ER (EC) 627; [2000] ECR I-2927, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 37.
  IMMIGRATION — Limited leave to enter — Overstayer

  EUROPEAN UNION — EEC-Turkey Association — Restrictions on freedom of establishment and right of residence
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  IMMIGRATION — Limited leave to enter — Overstayer — Turkish national remaining and setting up business in breach of visa conditions — Challenge to deportation order in reliance on provisions of EEC-Turkey agreements — Whether provisions having direct effect — Whether capable of conferring rights of establishment and residence on applicant — EEC-Turkey Association Agreement, art 13 — Additional Protocol, art 41

  EUROPEAN UNION — EEC-Turkey Association — Restrictions on freedom of establishment and right of residence — Article 13 of the Association Agreement and Article 41 of the Additional Protocol — Direct effect — Scope — Turkish national unlawfully present in the host Member State

  1 Case 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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  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

• 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
• R v K (R v K (Age of Consent: Reasonable Belief), Crown Prosecution Service v K (Age of Consent: Reasonable Belief))

  31 Oct 2000 [2001] 1 Cr App R 35; [2001] Crim LR 134; The Times, 7 November 2000; The Independent, 8 November 2000, CA (Roch LJ, Rougier, Gray JJ)

  25 Jul 2001 [2001] UKHL 41; [2002] 1 AC 462; [2001] 3 WLR 471; [2001] 3 All ER 897; [2002] 1 Cr App R 121; [2009] 1 Cr App R 121, HL(E) (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hobhouse of Woodborough and Lord Millett)

  Subsequent considerations : 2 positive. Subsequent citations: 51.
  CRIME — Sexual offences — Indecent assault
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  CRIME — Sexual offences — Indecent assault — Man of 26 engaging in sexual activity with 14-year-old girl — Activity alleged to be consensual — Belief that girl over 16 — Whether amounting to defence — Whether prosecution required to prove absence of genuine belief — Sexual Offences Act 1956, s 14

  2 Case(s) considered

  1 Statute considered
• Mahlburg v Land Mecklenburg-Vorpommern

  03 Feb 2000 (Case C-207/98); EU:C:2000:64; [2001] ICR 1032; [2001] 3 CMLR 40; [2000] ECR I-549; [2000] IRLR 276; The Times, 17 February 2000, ECJ

  Subsequent considerations : 3 neutral. Subsequent citations: 10.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment for men and women — Access to employment
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  DISCRIMINATION — Sex — Employment — Pregnancy — Vacancy for work in operating theatre for indefinite period — Pregnant woman rejected on ground of national law prohibiting employment of pregnant women in potentially dangerous work — Whether unlawful discrimination — Council Directive 76/207/EEC, art 2

  EUROPEAN UNION — Equal treatment for men and women — Access to employment — Refusal to employ a pregnant woman

  1 EU Enactment considered

• Jämställdhetsombudsmannen v Örebro Läns Landsting

  30 Mar 2000 (Case C-236/98); EU:C:2000:173; [2001] ICR 249, ECJ

  Subsequent citations: 30.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Male and female workers
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  DISCRIMINATION — Sex — Equal pay — Comparison of pay — Midwives receiving lower basic monthly salary than clinical technicians — Inconvenient hours supplement paid to midwives but not technicians — Midwives working fewer weekly hours than technicians — Whether pay comparison to take account of supplement and reduced hours — EC Treaty, art 119 — Council Directive 75/117/EEC

  EUROPEAN UNION — Social policy — Male and female workers — Equal pay for work of equal value -Article 119 of the EC Treaty Articles 117 to 120 of the EC Treaty have beenreplaced by Articles 136 EC to 143 EC — Directive 75/117/EEC — Comparisonof a midwife's pay with that of a clinical technician — Taking into account asupplement and a reduction in working time for inconvenient working hours

  2 Case(s) considered

  2 EU Enactments considered

• R v HM Treasury, Ex parte University of Cambridge

  03 Oct 2000 (Case C-380/98); EU:C:2000:529; [2000] 1 WLR 2514, ECJ

  Subsequent citations: 31.
  EUROPEAN COMMUNITY — Public procurement — Contracting authority

  EUROPEAN UNION — Public contracts — Procedure for the award of public contracts for services, supplies and works
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  EUROPEAN COMMUNITY — Public procurement — Contracting authority — “Body governed by public law” — Meaning of “financed, for the most part, by” public body — When financing calculation to be made — Council Directive (93/37/EEC), art 1(b)

  EUROPEAN UNION — Public contracts — Procedure for the award of public contracts for services, supplies and works — Contracting authority — Body governed by public law

  2 Words & Phrases considered

  1 EU Enactment considered

• Abrahamsson v Fogelqvist

  06 Jul 2000 (Case C-407/98); EU:C:2000:367; [2002] ICR 932, ECJ

  Subsequent citations: 6.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Concept of 'national court or tribunal' — Equal treatment for men and women
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  DISCRIMINATION — Sex — Employment — Positive discrimination in favour of under-represented sex — Candidate belonging to under-represented sex to be selected for post unless breach of requirement of objectivity — Whether contrary to Community law — EC Treaty, art 141 EC — Council Directive 76/207/EEC, art 2(1)(4)

  EUROPEAN UNION — Concept of 'national court or tribunal' — Equal treatment for men and women — Positive action in favour of women — Compatibility with Community law

  1 Case considered

  2 EU Enactments considered