Results: 8339

• R (Khan) v Secretary of State for Health

  17 Jun 2003 [2003] EWHC 1414 (Admin), QBD (Silber J)

  19 Dec 2003 [2003] EWCA Civ 1129; [2004] 1 WLR 971, CA

  Subsequent considerations : 1 negative; most recently considered: 2007. Subsequent citations: 45.
  HUMAN RIGHTS — Right to life — State's duty to investigate death
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  Case index catchwords

  HUMAN RIGHTS — Right to life — State's duty to investigate death — Child dying during treatment at NHS hospital — Death occurring before relevant provisions of Human Rights Act in force — Police and NHS trust conducting investigations into death — Deceased's family ineligible for funding for representation at inquest — Secretary of State refusing to provide funding or to hold independent public investigation into death — Whether Convention provisions applicable — Whether state obliged to make funding available — Human Rights Act 1998, Sch 1, Pt I, art 2

  2 Case(s) considered

  1 Statute considered

• R v Auguste

  09 Dec 2003 [2003] EWCA Crim 3929; [2004] 1 WLR 917; [2004] 4 All ER 373; [2004] 2 Cr App R 173, CA

  Subsequent citations: 1.
  CRIME — Drugs — Occupier of premises
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  Case index catchwords

  CRIME — Drugs — Occupier of premises — Knowingly permitting premises to be used for smoking cannabis resin — Cannabis found on premises but no evidence of it having been smoked — Whether proof of smoking required — Misuse of Drugs Act 1971, s 8(d)

  1 Case considered

  1 Statute considered
• Horkulak v Cantor Fitzgerald International

  31 Jul 2003 [2003] EWHC 1918 (QB); [2004] ICR 697, QBD (Newman J)

  14 Oct 2004 [2004] EWCA Civ 1287; [2005] ICR 402, CA

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 64.
  EMPLOYMENT — Contract of employment — Breach of contract

  EMPLOYMENT — Contract of employment — Implied term
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Breach of contract — Bonus payable in anticipation of future loyalty — Whether employer obliged to exercise discretion as to payment of bonus — Whether employee entitled to fair and rational bonus assessment — Assessment of bonus following wrongful dismissal

  EMPLOYMENT — Contract of employment — Implied term — Senior manager on high earnings — Campaign of bullying and intimidation by chief executive using foul and abusive language — Whether employer in breach of implied term of trust and confidence

  6 Case(s) considered

• Mawdesley v Chief Constable of Cheshire Constabulary (Yorke v Director of Public Prosecutions)

  31 Jul 2003 [2003] EWHC 1586 (Admin); [2004] 1 WLR 1035; [2004] 1 All ER 58; [2004] RTR 209, QBD

  Subsequent citations: 4.
  ROAD TRAFFIC — Driver, identity of — Duty to give information
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  Case index catchwords

  ROAD TRAFFIC — Driver, identity of — Duty to give information — Notices of intended prosecution sent to defendants — Notices alleging speeding offence — Form requiring information as to identity of driver at time of offence — Defendants returning form unsigned and undated — Whether partially completed form “statement in writing … purporting to be signed by accused” — Whether form admissible as proof of driver's identity — Whether form admissible as confession — Police and Criminal Evidence Act 1984, ss 76(1), 82(1) — Road Traffic Act 1988, s 172(2) — Road Traffic Offenders Act 1988, s 12(1)(b)

  1 Words & Phrases considered

  3 Statutes considered
• Ansul BV v Ajax Brandbeveiliging BV

  11 Mar 2003 (Case C-40/01); EU:C:2003:145; [2005] Ch 97; [2004] 3 WLR 1048; [2003] ECR I-2439, ECJ

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 43.
  TRADE MARK — Revocation — “Genuine use”

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC
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  Case index catchwords

  TRADE MARK — Revocation — “Genuine use” — Mark not put to “genuine use” liable to revocation — Whether use for sale of spare parts for and servicing of equipment no longer newly traded “genuine use” — Council Directive 89/104/EEC, art 12(1)

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC — Article 121 — Revocation of trade mark owner's rights — Concept of genuine use of a trade mark — Maintenance of goods already sold and sales of replacement parts and accessories

  1 Words & Phrases considered

  1 EU Enactment considered
• Green v Governing Body of Victoria Road Primary School

  18 Mar 2003 [2003] ICR 713, EAT

  23 Jan 2004 [2004] EWCA Civ 11; [2004] ICR 684; [2004] 2 All ER 763; [2004] LGR 337, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 7.
  EDUCATION — Teacher — Dismissal
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  Case index catchwords

  EDUCATION — Teacher — Dismissal — Teacher claiming constructively dismissed — Whether governing body and/or local education authority correct respondents to complaint of unfair dismissal — School Standards and Framework Act 1998, Sch 16, para 25 — Education (Modification of Enactments Relating to Employment) Order 1999, art 6

  1 Case considered

  2 Statutes considered

  2 Statutory Instruments considered
• In re Deep Vein Thrombosis and Air Travel Group Litigation

  20 Dec 2002 [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418, QBD

  03 Jul 2003 [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

  14 Jul 2004 (pet all) [2004] 1 WLR 2110, HL(E)

  08 Dec 2005 [2005] UKHL 72; [2006] 1 AC 495; [2005] 3 WLR 1320; [2006] 1 All ER 786; [2006] 1 All ER (Comm) 313; [2006] 1 Lloyd's Rep 231, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 27.
  AIRCRAFT — Carriage by air — Accident

  HUMAN RIGHTS — International treaty — Compatibility
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  Case index catchwords

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, art 17

  HUMAN RIGHTS — International treaty — Compatibility — Duty of court to read and give effect to legislation in manner compatible with Convention rights — Whether applying to international treaties given force by statute — Human Rights Act 1998, s 3(1)

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, Pt I, art 17

  8 Case(s) considered

  1 Words & Phrases considered

• R (Crown Prosecution Service) v Bolton Magistrates’ Court

  31 Oct 2003 [2003] EWHC 2697 (Admin); [2004] 1 WLR 835; [2004] 1 Cr App R 438, DC

  Subsequent citations: 5.
  CRIME — Evidence — Privilege against self-incrimination

  JUSTICES — Jurisdiction — Open court
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  Case index catchwords

  CRIME — Evidence — Privilege against self-incrimination — Witness attending before justices to have evidence taken as deposition — Solicitor advising witness not to answer questions on grounds of self-incrimination — Justices accepting reliance on legal advice as just excuse — Whether justices required to investigate basis of claim

  JUSTICES — Jurisdiction — Open court — Witness attending before justices to have evidence taken as deposition — Investigating police officers excluded from proceedings — Whether proceedings in open court — Crime and Disorder Act 1998, Sch 3, para 4

  1 Statute considered

• R (Purja) v Ministry of Defence

  09 Oct 2003 [2003] EWCA Civ 1345; [2004] 1 WLR 289, CA

  Subsequent citations: 22.
  MILITARY LAW — Armed forces — Terms of service
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  Case index catchwords

  MILITARY LAW — Armed forces — Terms of service — Gurkha soldiers in British Army entitled to less basic pay, pension and provision for accompanied service than those of British soldiers — Whether differential treatment constituting discrimination on ground of national origin — Human Rights Act 1998, Sch 1, Pt I, art 14

  3 Case(s) considered

  1 Statute considered
• Crosbie v Munroe

  14 Mar 2003 [2003] EWCA Civ 350; [2003] 1 WLR 2033; [2003] 2 All ER 856; [2003] RTR 507, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  COSTS — Assessment — Costs-only proceedings
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  Case index catchwords

  COSTS — Assessment — Costs-only proceedings — Claimant bringing costs-only proceedings to recover costs of substantive claim — Defendant making inclusive offer to pay claimant's costs — Whether costs-only proceedings “gave rise to the assessment proceedings” — Whether defendant's offer including costs of both substantive and costs-only proceedings — CPR r 47.19

  1 Words & Phrases considered

  1 Statutory Instrument considered