Results: 6218

• Anya v University of Oxford

  22 Mar 2001 [2001] EWCA Civ 405; [2001] ICR 847, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 91.
  DISCRIMINATION — Evidence — Onus of proof
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  Case index catchwords

  DISCRIMINATION — Evidence — Onus of proof — Two equally qualified candidates for research post — Whether panel's choice affected by racial bias — Need to look for indicators apart from selection interview — Tribunal failing to record findings on relevant issues of fact — Whether decision flawed

  2 Case(s) considered
• Mirvahedy v Henley

  21 Nov 2001 [2001] EWCA Civ 1749; [2002] QB 769; [2002] 2 WLR 566, CA (Dame Elizabeth Butler-Sloss P, Hale and Keene LJJ)

  18 Apr 2002 (pet all) [2002] 1 WLR 1346, HL(E) (Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Scott of Foscote)

  20 Mar 2003 [2003] UKHL 16; [2003] 2 AC 491; [2003] 2 WLR 882; [2003] 2 All ER 401; [2003] RTR 371, HL(E) (Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Lord Walker of Gestingthorpe)

  Subsequent considerations : 1 neutral. Subsequent citations: 21.
  ANIMAL — Horse — Characteristics
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  Case index catchwords

  ANIMAL — Horse — Characteristics — Frightened horse escaping from field and colliding with car on highway causing injury to driver — Whether due to characteristics found in species in particular circumstances — Whether keeper liable — Animals Act 1971, s 2(2)

  7 Case(s) considered

  2 Statutes considered

• In re Medicaments and Related Classes of Goods (No 4) (Director General of Fair Trading v Proprietary Association of Great Britain)

  26 Jul 2001 [2001] EWCA Civ 1217; [2002] 1 WLR 269; [2002] 1 All ER 853, CA

  Subsequent citations: 9.
  HUMAN RIGHTS — Right to fair trial — Breach of right
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Breach of right — Hearing in civil proceedings aborted by reason of tribunal member's appearance of bias — Costs of aborted hearing — Whether party's right to fair trial by impartial tribunal breached — Whether party “victim” — Whether Lord Chancellor liable for wasted costs — Human Rights Act 1998, ss 7, 8, Sch 1, Pt I, art 6(1)

  1 Words & Phrases considered

  1 Statute considered
• Newsmith Stainless Ltd v Secretary of State for the Environment, Transport and the Regions

  01 Feb 2001 [2001] EWHC Admin 74; [2017] PTSR 1126, QBD (Sullivan J)

  Subsequent considerations : 4 positive; most recently considered: 2023. Subsequent citations: 266.
  PLANNING — Planning permission — Refusal
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  Case index catchwords

  PLANNING — Planning permission — Refusal — Statutory application challenging validity of decision of planning inspector — Nature and scope of review — Circumstances in which new evidence might be admitted — Town and Country Planning Act 1990 (c 8), s 288

  1 Case considered

  1 Statute considered
• R (G) v Barnet London Borough Council

  11 Apr 2001 [2001] EWCA Civ 540; [2002] LGR 34; [2001] 2 FLR 877, CA

  23 Oct 2003 [2003] UKHL 57; [2004] 2 AC 208; [2003] 3 WLR 1194; [2004] 1 All ER 97; [2003] LGR 569; [2004] 1 FLR 454, HL(E)

  Subsequent considerations : 3 positive; 2 neutral; 1 negative. Subsequent citations: 147.
  CHILDREN — Children in need — Welfare services

  LOCAL GOVERNMENT — Homeless persons — Children in need
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  Case index catchwords

  CHILDREN — Children in need — Welfare services — Children in need of accommodation — Local housing authority unable to provide housing for children's families — Whether local social services authority obliged to house homeless parents together with children — Whether local social services authority obliged to provide accommodation meeting children's assessed needs — Children Act 1989, ss 17, 20, 23(6)

  LOCAL GOVERNMENT — Homeless persons — Children in need — Dutch nationals — Mother and child seeking accommodation and financial assistance in United Kingdom — Local authority assessing child's needs and discharging duty by providing means for return of mother and child to Holland — Mother refusing to return — Local authority acknowledging duty to accommodate child alone — Whether local authority under duty to provide accommodation and assistance for mother — Children Act 1989, ss 17, 20, 23, Pt II, Sch 2, para 19

  6 Case(s) considered

  1 Statute considered

• In re Casterbridge Properties Ltd (Jeeves v Official Receiver)

  22 Nov 2001 [2002] BCC 453; [2002] BPIR 428, Ch D (Burton J)

  30 Jul 2003 [2003] EWCA Civ 1246; [2004] 1 WLR 602; [2003] 4 All ER 1041; [2004] 1 BCLC 96; [2002] BPIR 428; [2003] BCC 912; The Independent, 3 November 2003, CA (Simon Brown, Chadwick and Rix LJJ)

  Subsequent citations: 6.
  INSOLVENCY — Winding up — Inquiry into company's dealings
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  Case index catchwords

  INSOLVENCY — Winding up — Inquiry into company's dealings — Official receiver applying for public examination of person concerned with management of company — Whether mandatory for court to grant application — Exercise of court's discretion to rescind order for public examination — Insolvency Act 1986, s 133 — Insolvency Rules 1986, r 7.47(1)

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• Leadenhall Residential 2 Ltd v Stirling

  29 Jun 2001 [2001] EWCA Civ 1011; [2002] 1 WLR 499; [2001] 3 All ER 645, CA

  Subsequent citations: 7.
  LANDLORD AND TENANT — Security of tenure — Assured shorthold tenancy
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  Case index catchwords

  LANDLORD AND TENANT — Security of tenure — Assured shorthold tenancy — Order for possession of statutory periodic tenancy for non-payment of rent — Arrangement to continue exclusive occupation of property on payment of mesne profits — Whether affecting legal relations between parties and creating new secure tenancy — Subsequent demand for increased payment for use and occupation — Further arrears of rent — Whether creating new assured shorthold tenancy — Whether landlord entitled to possession — Housing Act 1988, ss 8, 21(4)(a)

  2 Case(s) considered

  1 Statute considered

• Peet v Mid-Kent Healthcare Trust (Practice Note)

  05 Nov 2001 [2001] EWCA Civ 1703; [2002] 1 WLR 210; [2002] 3 All ER 688, CA

  Subsequent citations: 16.
  EVIDENCE — Expert evidence — Non-medical experts
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  Case index catchwords

  EVIDENCE — Expert evidence — Non-medical experts — Claim for medical negligence — Claimant wanting conference with joint non-medical experts in absence of defendant — Whether permissible — Whether joint non-medical experts to be instructed in absence of special circumstances — CPR r 35.7

  1 Statutory Instrument considered
• Connolly v Sellers Arenascene Ltd

  02 Feb 2001 [2001] EWCA Civ 184; [2001] ICR 760, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  EMPLOYMENT — Contract of employment — Company director
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Company director — Controlling shareholder having service contract with company — Whether “employee” for purpose of unfair dismissal claim — Employment Rights Act 1996, s 230(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Foenander v Bond Lewis & Co

  23 May 2001 [2001] EWCA Civ 759; [2002] 1 WLR 525; [2001] 2 All ER 1019, CA

  Subsequent citations: 12.
  COURT OF APPEAL (CIVIL DIVISION) — Jurisdiction — Refusal to extend time
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  Case index catchwords

  COURT OF APPEAL (CIVIL DIVISION) — Jurisdiction — Refusal to extend time — Appeal from master — High Court judge refusing to extend time for filing notice of appeal — Whether jurisdiction for Court of Appeal to entertain appeal — Access to Justice Act 1999, s 54(4) — CPR Pt 52

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered