Results: 8488

• 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

• Emerald Supplies Ltd v British Airways plc (No 1) (Air Canada, third parties) (Korean Airlines Co Ltd, fourth parties) (Emerald Supplies Ltd v British Airways plc (No 2) (Air Canada, third parties) (Polar Air Cargo llc, fourth parties))

  28 Oct 2014 [2014] EWHC 3513 (Ch); [2014] CN 1855, Ch D (Peter Smith J)

  14 Oct 2015 [2015] EWCA Civ 1024; [2016] Bus LR 145; [2015] WLR (D) 411, CA

  23 May 2016 (appn dis) [2016] Bus LR 713, SC(E)

  Subsequent citations: 35.
  PRACTICE — Judgment — Redaction

  COMPETITION — Commission decision — Presumption of innocence

  TORT — Cause of action — Intention to injure
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  Case index catchwords

  PRACTICE — Judgment — Redaction — European Commission issuing Decision — Defendant making redactions to Decision — Claimants seeking review of lawfulness of redactions — Whether possible for English judge to order disclosure of European Decision in un-redacted form — Whether protections necessary in making such an order — Whether decision of English court on such an application potentially conflicting with future EC decisions

  COMPETITION — Commission decision — Presumption of innocence — Duty of sincere co-operation — Commission issuing confidential Decision containing infringement findings or allusions to infringements not in operative part — Claimants bringing damages proceedings in national court seeking disclosure of unredacted confidential version of Decision — Commission subsequently publishing provisional non-confidential version with protected material redacted — Judge directing disclosure of unredacted confidential version to confidentiality ring — Application of EU principle of presumption of innocence to national proceedings — Whether national court obliged to afford same protection as afforded at Community level — EU Treaty, art 4(3)EU — FEU Treaty, art 101FEU — Charter of Fundamental Rights of the European Union, art 48

  TORT — Cause of action — Intention to injure — Commission finding defendant infringing competition law — Claimants issuing proceedings claiming unlawful interference with business and unlawful means conspiracy arising out of alleged unlawful cartel — Defendant applying to strike out economic torts — Whether claimants showing necessary intent to injure particular claimants

  8 Case(s) considered

  3 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

• Deutsche Bank AG v Unitech Global Ltd (No 3) (Deutsche Bank AG v Unitech Ltd)

  03 Oct 2014 [2014] EWHC 3117 (Comm); [2014] CN 1665, QBD (Teare J)

  03 Mar 2016 [2016] EWCA Civ 119; [2016] 1 WLR 3598; [2017] 1 All ER 570; [2016] 2 All ER (Comm) 689; [2016] WLR (D) 119, CA

  Subsequent citations: 8.
  PRACTICE — Payment into court — Interim payment

  PRACTICE — Case management — Power to impose conditions

  PRACTICE — Interim payment — Jurisdiction
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  Case index catchwords

  PRACTICE — Payment into court — Interim payment — Claimant banks claiming sum due under loan agreements — Defendant borrowers amending pleadings to include rescission — Whether defendants having real prospect of defending claim — Whether appropriate to order payment into court or interim payment to claimants — CPR Pts 3, 24, 25

  PRACTICE — Case management — Power to impose conditions — Judge setting aside order for summary judgment — Whether power to make setting aside conditional on payment into court — Whether to be exercised — CPR r 3.1(3), Pt 24

  PRACTICE — Interim payment — Jurisdiction — Defendant resisting claim to enforce contract on grounds of misrepresentation — Defendant liable to make restitution of certain sums to claimant if defence successful — Whether power to order interim payment of such sums — Senior Courts Act 1981, s 32(5) — CPR r 25.1(1)(k)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Flood v Times Newspapers Ltd (No 2) (Frost v MGN Ltd (No 2))

  19 Dec 2013 [2013] EWHC 4075 (QB); [2013] CN 1987, QBD (Nicola Davies J)

  04 Dec 2014 [2014] EWCA Civ 1574; [2014] CN 2134, CA

  11 Apr 2017 [2017] UKSC 33; [2017] 1 WLR 1415; [2017] 4 All ER 733; [2017] WLR (D) 273; Case details, SC(E)

  Subsequent citations: 17.
  DEFAMATION — Damages for libel — Assessment

  COSTS — Damages — Discretion

  COSTS — Discretion of court — Defamation action

  COSTS — Order for costs — Success fees and after the event insurance premiums
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  Case index catchwords

  DEFAMATION — Damages for libel — Assessment — Defendant publishing article alleging claimant guilty of corruption — Investigation clearing claimant of alleged wrongdoing — Defendant pursuing defence of justification until late stage — Assessment of damages due to claimant

  COSTS — Damages — Discretion — Claimant bringing libel proceedings against defendant — Claimant awarded damages and entire costs of action — Whether judge exceeding wide ambit of discretion

  COSTS — Discretion of court — Defamation action — Judge awarding total costs of action to claimant despite newspaper publisher successfully defending majority of claim — Judge starting from position that claimant entitled to costs as winner unless reason to depart from such position — Judge taking account of defendant’s conduct and attitude towards settlement before trial — Whether judge’s approach within ambit of court’s discretion in costs determination — Whether requirement on judge to take account in defamation action of chilling effect of adverse costs order on public interest journalism — CPR r 44.2(2)

  COSTS — Order for costs — Success fees and after the event insurance premiums — Costs regime in place allowing for recovery of success fees and after the event insurance premiums in defamation and privacy actions — Award of damages for libel or breach of privacy against defendant newspaper publishers in three actions — Costs order against defendants in each action including claimants’ additional liabilities by way of success fee and after the event insurance premium — Whether inclusion of additional liabilities in breach of defendants’ Convention rights to freedom of expression — Whether additional liabilities recoverable — Courts and Legal Services Act 1990 (c 41), s 58A(6) (inserted by Access to Justice Act 1999 (c 22), s 27) — Human Rights Act 1998 (c 42), s 8(1), Sch 1, Pt I, art 10, Pt II, art 1 — Access to Justice Act 1999 (c 22), s 29

  5 Case(s) considered

  3 Statutes considered

• R (IM (Nigeria)) v Secretary of State for the Home Department

  05 Dec 2013 [2013] EWCA Civ 1561; [2014] 1 WLR 1870; [2013] WLR (D) 476, CA

  14 Feb 2014 Permission to appeal to Supreme Court refused

  Subsequent citations: 13.
  IMMIGRATION — Removal — Detention pending deportation
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  Case index catchwords

  IMMIGRATION — Removal — Detention pending deportation — Claimant detained in immigration detention centre pending removal from United Kingdom — Claimant on hunger strike and refusing medical treatment — Whether to be released from detention for treatment in hospital — Whether claimant’s continuing detention unlawful — Whether power to detain in hospital — Whether detention in breach of Convention rights — Immigration Act 1971 (as amended by Immigration and Asylum Act 1999, s 140(1)), Sch 2, paras 16(2), 18(1) — Mental Health Act 1983 (as amended by Nationality, Immigration and Asylum Act 2002, s 62(10)(a) and Mental Health Act 2007, ss 1, 5(3), Sch 1, para 11(a)), ss 48, 145 — Human Rights Act 1998, Sch 1, Pt I, arts 2, 3

  2 Case(s) considered

  3 Statutes 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