Results: 5152

• Home Credit Slovakia a s v Bíróová (Home Credit Slovakia a.s. v Klára Bíróová)

  09 Nov 2016 (Case C-42/15); EU:C:2016:842; [2017] Bus LR 573; [2016] WLR (D) 586, ECJ

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 14.
  FAIR TRADING — Consumer credit — Agreement

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC
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  Case index catchwords

  FAIR TRADING — Consumer credit — Agreement — Requirement that credit agreement be drawn up on durable medium and include certain information — Whether agreement must also be signed — Whether permissible for requisite information to be included in separate document cross-referenced in credit agreement — Whether specific dates on which repayments to be made part of requisite information — Whether requirement that agreement state in amortisation table part of repayment instalment allocated to repayment of capital — Penalty under national law for failure to provide information — Parliament and Council Directive 2008/48/EC, arts 3(m), 10(1)(2), 23

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 — Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ — Contract referring to another document — Requirement for the agreement to be in ‘written form’ within the meaning of national law — Indication of information required by reference to objective criteria — Information to be included in a fixed-term credit agreement — Effect of failure to include mandatory information — Proportionality

  2 Case(s) considered

• R v Baddiel (David)

  03 Mar 2016 [2016] EWCA Crim 474; [2016] 1 WLR 4157; [2016] 2 Cr App R 25; [2016] WLR (D) 123, CA

  Subsequent citations: 3.
  CRIME — Sexual offences — Possession of extreme pornographic image
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  CRIME — Sexual offences — Possession of extreme pornographic image — Defendant receiving images on iPhone — Defendant alleging that purpose of sender of image to disgust, shock or amuse — Whether defence that sender of image not having purpose of sexual arousal — Criminal Justice and Immigration Act 2008, s 63 (as amended by Criminal Justice and Courts Act 2015, s 37(2))

  1 Statute 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
• R v Johnson (Beverley)

  03 Feb 2016 [2016] EWCA Crim 10; [2016] 4 WLR 57; [2016] WLR (D) 56, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CRIME — Sentence — Confiscation
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  CRIME — Sentence — Confiscation — Tainted gift — Defendant making tainted gift to daughter by foregoing part of purchase price of property — Value of property subsequently decreasing — Defendant having no assets — Confiscation order made in sum of tainted gift — Whether confiscation order unjust — Proceeds of Crime Act 2002 (c 29) (as amended by Serious Crime Act 2015 (c 9), s 85, Sch 4, para 19), ss 6(5), 9(1), 77

  3 Case(s) considered

  1 Statute considered

• In re AO (A Child) (Care Proceedings: Threshold Conditions)

  30 Jun 2016 [2016] EWFC 36; [2016] 4 WLR 125; [2016] WLR (D) 395, Fam Ct

  Subsequent citations: 3.
  CHILDREN — Care proceedings — Threshold conditions

  CHILDREN — Care proceedings — Whether application to be dismissed
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  Case index catchwords

  CHILDREN — Care proceedings — Threshold conditions — Care and placement proceedings involving Hungarian nationals — Mother relinquishing baby for adoption — Local authority care plan for child to be adopted in Hungary — Whether threshold conditions for making care order satisfied — Whether adoption in Hungary in child’s best interests — Children Act 1989 (c 41), s 31(2)

  CHILDREN — Care proceedings — Whether application to be dismissed

  1 Case considered

  1 Statute considered

• Council of the European Union v Bank Mellat

  18 Feb 2016 (European Commission intervening) (Case C-176/13P); (Case C-176/13 P); EU:C:2016:96; [2016] 4 WLR 84; [2016] WLR (D) 85, ECJ

  Subsequent citations: 12.
  EUROPEAN UNION — Common foreign and security policy — Restrictive measures

  EUROPEAN UNION — Appeal — Common foreign and security policy
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  Case index catchwords

  EUROPEAN UNION — Common foreign and security policy — Restrictive measures — European Union sanctions freezing and restricting transfer of funds of designated entities involved in nuclear proliferation in Iran — Restrictive measures taken against Iranian bank — General Court allowing bank’s application for annulment of measures against it — Whether bank able to rely on fundamental rights protection and guarantees — Whether Council breaching obligations to state reasons

  EUROPEAN UNION — Appeal — Common foreign and security policy — Combating nuclear proliferation — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds of an Iranian bank — Obligation to state reasons — Procedure for the adoption of the act — Manifest error of assessment

  3 Case(s) considered

• Bonsall v Secretary of State for Communities and Local Government

  08 Dec 2015 [2015] EWCA Civ 1246; [2016] QB 811; [2016] 2 WLR 1407; [2015] WLR (D) 514, CA

  11 Apr 2016 Permission to appeal to Supreme Court refused

  Subsequent citations: 1.
  PLANNING — Planning control — Breach
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  Case index catchwords

  PLANNING — Planning control — Breach — Landowner changing use of barn without planning permission — Change deliberately concealed for four years — Enforcement notice issued for breach of planning control — Supreme Court authority establishing statutory four-year limitation period for enforcement action not applying in case of deception — Subsequent enactment of procedure enabling enforcement action outside time limit by obtaining planning enforcement order — Whether time limit applying in cases of deception where no planning enforcement order obtained — Town and Country Planning Act 1990 (as amended by Planning and Compensation Act 1991, s 4(1) and Localism Act 2011, s 124(1)), ss 171B, 171BA

  2 Case(s) considered

  1 Statute considered

• R (DHL International (UK) Ltd) v Office of Communications

  04 May 2016 [2016] EWHC 938 (Admin); [2016] 1 WLR 4274; [2016] WLR (D) 232, QBD (Soole J)

  STATUTORY POWER — Construction — Postal services
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  Case index catchwords

  STATUTORY POWER — Construction — Postal services — Regulator’s power to request information from “postal operator” — Regulator requesting information from claimant international door-to-door courier — Whether claimant “postal operator” providing conveyance of postal packets “by post” — Whether valid information request — Postal Services Act 2011, ss 27, 55, Sch 8, para 1

  2 Words & Phrases 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

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

  15 Mar 2016 [2016] EWCA Civ 156; [2016] 1 WLR 3775; [2016] WLR (D) 149, CA

  Subsequent citations: 1.
  IMMIGRATION — Leave to enter — Deception
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  Case index catchwords

  IMMIGRATION — Leave to enter — Deception — Claimant’s application for visa refused on grounds false document submitted with application— Claimant making second application with additional documents in order to prove original document genuine— Second application refused on grounds of deception in first application— Whether decision-maker entitled to automatically refuse second application on grounds of deception— Whether decision-maker’s failure to refer to additional documents provided by claimant rendering decision flawed— Statement of Changes in Immigration Rules (1994) (HC 395), para 320(7A)(7B) (as amended by Statements of Changes in Immigration Rules (2008) (HC 321), (2012) (HC 194), (2012) (HC 1888) and (2012) (HC 863))

  1 Statutory Instrument considered