Results: 6456

• R (Cart) v Upper Tribunal (Public Law Project intervening) (R (C) v Special Immigration Appeals Commission (Public Law Project intervening), R (U) v Special Immigration Appeals Commission (Public Law Project intervening))

  01 Dec 2009 [2009] EWHC 3052 (Admin); [2011] QB 120; [2010] 2 WLR 1012; [2010] PTSR 824; [2010] 1 All ER 908; [2010] STC 493, DC

  23 Jul 2010 [2010] EWCA Civ 859; [2011] QB 120; [2011] 2 WLR 36; [2011] PTSR 42; [2010] 4 All ER 714; [2010] STC 2556; [2010] WLR (D) 198, CA (Laws LJ, Owen J)

  22 Jun 2011 [2011] UKSC 28; [2012] 1 AC 663; [2011] 3 WLR 107; [2011] PTSR 1053; [2011] 4 All ER 127; [2011] STC 1659; [2012] 1 FLR 997; [2011] WLR (D) 203; Case details, SC(E)

  Subsequent considerations : 7 positive; 8 neutral; most recently considered: 2024. Subsequent citations: 221.
  JUDICIAL REVIEW — Court's jurisdiction — Special Immigration Appeals Commission

  JUDICIAL REVIEW — Court's jurisdiction — Upper Tribunal
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  Case index catchwords

  JUDICIAL REVIEW — Court's jurisdiction — Special Immigration Appeals Commission — Commission “superior court of record” — Commission revoking and refusing bail on basis of closed evidence without disclosing gist to claimants — Decisions unappealable — Whether commission alter ego of High Court — Whether decisions susceptible to judicial review — Whether violating claimants' Convention rights — Special Immigration Appeals Commission Act 1997, s 1(3) (as inserted by Anti-terrorism, Crime and Security Act 2001, s 35)

  JUDICIAL REVIEW — Court's jurisdiction — Upper Tribunal — Tribunal “superior court of record” — Tribunal refusing permission to appeal to itself — Decision unappealable — Whether tribunal alter ego of High Court — Whether decision susceptible to judicial review — Tribunals, Courts and Enforcement Act 2007, s 3(5)

  16 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R (Morge) v Hampshire County Council

  17 Nov 2009 [2009] EWHC 2940 (Admin); [2010] Env LR 432, QBD (Judge Bidder QC)

  10 Jun 2010 [2010] EWCA Civ 608; [2010] PTSR 1882; [2010] LGR 961; [2010] WLR (D) 145, CA

  19 Jan 2011 [2011] UKSC 2; [2011] 1 WLR 268; [2011] PTSR 337; [2011] 1 All ER 744; [2011] LGR 271; [2011] WLR (D) 5; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 179.
  EUROPEAN UNION — Environment — Natural habitats

  PLANNING — Development — Natural habitats
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  Case index catchwords

  EUROPEAN UNION — Environment — Natural habitats — Local planning authority granting permission for development affecting species or habitat of European protected species — Whether effects of development constituting “deliberate disturbance” of protected species — Whether planning decision made in breach of requirements of Council Directive — Council Directive 92/43/EEC, art 12(1)(b)

  PLANNING — Development — Natural habitats — European protected species — Local planning authority granting planning permission for development affecting species or habitat of bats — Whether effects of development constituting “deliberate disturbance” of protected species — Whether necessary to consider indirect, as well as direct, impact upon “deterioration or destruction of breeding sites or resting places” — Whether planning decision made in breach of requirements of Habitats Directive — Conservation (Natural Habitats, &c) Regulations 1994 (as amended by Conservation (Natural Habitats, &c) (Amendment) Regulations 2007, reg 5 and Conservation (Natural Habitats, &c) (Amendment) (England and Wales) Regulations 2009, reg 7), regs 3(4), 39 — Council Directive 92/43/EEC, art 12(1)(b)(d)

  5 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• 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

• Edwards v Chesterfield Royal Hospital NHS Foundation Trust

  31 Jul 2009 [2009] EWHC 2011 (QB); [2009] IRLR 822, QBD (Nicol J)

  26 May 2010 [2010] EWCA Civ 571; [2011] QB 339; [2010] 3 WLR 1285; [2010] ICR 1181; [2010] WLR (D) 135, CA

  14 Dec 2011 [2011] UKSC 58; [2012] 2 AC 22; [2012] 2 WLR 55; [2012] ICR 201; [2012] 2 All ER 278; Case details, SC(E)

  Subsequent citations: 37.
  EMPLOYMENT — Contract of employment — Breach of contract
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Breach of contract — Summary dismissal on ground of gross misconduct — Employer failing to comply with contractual disciplinary procedure — Employee unable to obtain equivalent post — Whether damages recoverable for breach of contract

  7 Case(s) 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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  Case index catchwords

  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

• Brough v Law (SL v Child Maintenance and Enforcement Commission)

  11 Dec 2009 [2009] UKUT 270 (AAC); [2011] 1 FLR 322, UT (Judge Levenson)

  20 Oct 2011 [2011] EWCA Civ 1183; [2012] 1 WLR 1021; [2012] PTSR 897; [2012] 1 FLR 375; [2011] WLR (D) 300; The Times, 7 November 2011, CA (Pill LJ, Rimer LJ, Lewison LJ)

  SOCIAL SECURITY — Child support maintenance — Assessment

  CHILDREN — Child maintenance orders — Effect of reconciliation
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  Case index catchwords

  SOCIAL SECURITY — Child support maintenance — Assessment — Assessment of absent parent — Maintenance assessment carried out on absent parent of qualifying child before parents briefly reconciled — During reconciliation father no longer absent parent — Whether child no longer “qualifying child” — Whether assessment ceasing to have effect as result of reconciliation — Child Support Act 1991, s 3, Sch 1, para 16(1)(b)

  CHILDREN — Child maintenance orders — Effect of reconciliation — Whether decision by statutory decision-maker required for assessment to cease to have effect

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• DCC Holdings (UK) Ltd v Revenue and Customs Comrs

  08 May 2007 [2007] 5 WLUK 152, Special Comrs (Charles Hellier)

  17 Oct 2008 [2008] EWHC 2429 (Ch); [2009] STC 77, Ch D (Norris J)

  10 Nov 2009 [2009] EWCA Civ 1165; [2010] STC 80, CA (Rix, Moses and Rimer LJJ)

  15 Dec 2010 [2010] UKSC 58; [2011] 1 WLR 44; [2011] 1 All ER 537; [2011] STC 326; [2010] WLR (D) 333; Case details, SC(E)

  Subsequent considerations : 2 positive. Subsequent citations: 30.
  REVENUE — Corporation tax — Deemed loan transactions

  STATUTE — Construction — Deeming provision
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  Case index catchwords

  REVENUE — Corporation tax — Deemed loan transactions — Correct application of deeming provisions — “Repo” transactions providing for securities to be bought and sold back for specified price after pre-determined period — Tax statute deeming repo transactions to be short-term secured loans — Statute requiring interest payments to be brought into account as credits and debits from deemed loan relationship — Taxpayer company buying gilts under repo transaction — Taxpayer receiving six-monthly interest coupon during 18-day period of ownership — Taxpayer claiming deeming provision allowing credit for apportioned interest only but debit for full interest payment — Whether deeming provision to be restricted to extent necessary to reflect statutory purpose — Whether statutory purpose requiring symmetrical debits and credits in respect of deemed loan relationship — Income and Corporation Taxes Act 1988 (as amended by Finance Act 1994, s 122, Finance Act 1995, s 80(1), Finance Act 1996, s 205, Sch 41, Pt V(21) and Finance Act 1997, s 113, Sch 18, Pt VI(10)), ss 730A(2), 737A — Finance Act 1996 (as amended by Finance Act 1997, s 113, Sch 18, Pt VI(10)), ss 84(1), 97(2)(4)

  STATUTE — Construction — Deeming provision — Correct application — Artificial assumption required by deeming provision not to be taken further than warranted by statutory purpose

  4 Case(s) considered

  2 Statutes considered