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This case is about a credit reference negligently supplied by a bank for a person who subsequently defaulted.
The facts are to that extent similar to those of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465.
But there is a critical difference.
The reference was relied upon not by the party to whom it was ad... | In October 2010 Hassan Barakat, a Lebanese resident, wished to gamble at the London Playboy Club and applied at the club for a cheque cashing facility for up to 800,000.
Playboy Clubs policy for gamblers like Mr Barakat was to require a credit reference from his bankers for twice the amount.
To avoid disclosing the pur... |
Widowed parents allowance is a contributory social security benefit payable to men and women who are widowed with dependent children.
It is non-means- tested, so it is particularly valuable to parents who are in work, although it is taxable.
The widowed parents entitlement depends upon the contribution record of the de... | Widowed parents allowance (WPA) is a contributory, non means tested, social security benefit payable to men and women with dependent children, who were widowed before March 2017.
Under s 39A Social Security Contributions and Benefits (Northern Ireland) Act 1992 (s 39A) the widowed parent can only claim the allowance if... |
Although the British Broadcasting Corporation (the BBC) is listed as a public authority in the Freedom of Information Act 2000, the Act, as I will call it, applies to the BBC only to a limited extent.
The words of limitation are found in Part VI of Schedule 1 to the Act: they provide that the Act applies only in respec... | By October 2003 pressure groups had complained that coverage by the British Broadcasting Corporation [BBC] of the Israeli Palestinian conflict was not impartial [6].
In November 2003 Mr Malcolm Balen was appointed by the BBC to produce a report on the quality and impartiality of its coverage of Middle Eastern affairs [... |
In May 2010, Mr Mark Irvine made a number of requests under the Freedom of Information (Scotland) Act 2002 (FOISA) for information from South Lanarkshire Council.
He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Councils pay scales.
His underlying purpose was... | In May 2010 Mr Mark Irvine made requests under the Freedom of Information (Scotland) Act 2002 (FOISA) to the appellant, South Lanarkshire Council (the Council), for information about the number (but not the identity) of its employees in a particular post at particular points on the Councils pay scales.
His purpose was ... |
This appeal is about an alleged corporate raid.
According to the judgment of Mann J, at para 224, this expression is a loose, convenient and pejorative shorthand which can be applied to a variety of situations, but in this case means an attempt to exploit a minority shareholding in a company to obtain effective managem... | Under sections 793 797 of the Companies Act 2006 (the Act), a company can issue a statutory disclosure notice calling for information about persons interested in its shares.
The court can restrict the exercise of rights attaching to shares in the event of non compliance.
JKX Oil & Gas plc, like many companies, has a pr... |
The decision of the Supreme Court in Patel v Mirza [2016] UKSC 42; [2017] AC 467 is a significant development in the law relating to illegality at common law.
It has resolved a period of considerable uncertainty during which conflicting views have been expressed in the Supreme Court as to the appropriate approach and t... | This appeal concerns the defence of illegality.
The Supreme Court is asked to decide whether a firm of solicitors, Stoffel & Co, can escape liability to Ms Grondona for their negligent failure to register documents effecting a transfer of property because the transfer formed part of an illegal mortgage fraud.
Ms Grondo... |
This appeal raises significant issues regarding the procedures whereby, firstly, magistrates may issue warrants to enter and search premises and seize property under section 8 of the Police and Criminal Evidence Act 1984 (PACE), secondly, Crown courts may, under section 59 of the Criminal Justice and Police Act 2001 (C... | This appeal concerns the extent to which courts can rely on information which, in the public interest, cannot be disclosed to a person affected by a search and seizure warrant.
In this case, search and seizure warrants were issued under s.8 of the Police and Criminal Evidence Act 1984 (PACE) by the St. Albans Magistrat... |
140 years after the Judicature Act 1873, the stitching together of equity and the common law continues to cause problems at the seams.
The present appeal concerns the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors custodial duties in respect of money en... | In 2006, AIB Group (UK) plc (the Bank) agreed to lend Mr and Mrs Sondhi 3.3m to be secured by a first legal charge over their home, valued at 4.25m.
This was on the condition that the existing first legal charge in favour of Barclays Bank plc (Barclays) (borrowings on Barclays accounts amounting to 1.5m) was to be rede... |
This is an appeal about an extradition order.
The Lord Advocate appeals under paragraph 13 of Schedule 6 to the Scotland Act 1998 against the determination of a devolution issue by the Appeal Court of the High Court of Justiciary (the Appeal Court) on 23 September 2016.
That court, by majority, quashed an order for the... | The respondent was born in the United Kingdom.
He had lived in Taiwan for about 19 years when he was involved in road traffic accident there which killed a man in 2010.
He was convicted by the District Court of Taipei of driving under the influence of alcohol, negligent manslaughter and leaving the scene of an accident... |
The Political Parties, Elections and Referendums Act 2000 (the Act) introduced, for the first time in this country, restrictions on the donations that can be made to registered political parties.
All statutory references in this judgment are to the Act.
Part IV of the Act specifies those from whom it is permissible for... | The appeal concerns an order made by City of Westminster Magistrates Court for forfeiture of donations made to the United Kingdom Independence Party (UKIP), a registered political party.
Restrictions on donations to political parties are set out in Chapter II of Part IV of the Political Parties, Elections and Referendu... |
Section 82(1) of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) provides that where an immigration decision is made in respect of a person he may appeal to the Asylum and Immigration Tribunal, now the First Tier Tribunal (Immigration and Asylum) (the Tribunal).
Section 82(2) and (3A) define the meaning... | The appellant was born in Gaza in 1985.
Having lived in Libya until about 2002, he then spent time in mainland Europe before arriving in the UK in April 2007.
He subsequently claimed asylum and humanitarian protection.
On 24 May 2007, the Home Secretary refused the appellants asylum and human rights claims.
The letter ... |
Now that it is clear that the test for determining whether a child was habitually resident in a place is whether there was some degree of integration by her (or him) in a social and family environment there, may the court, in making that determination in relation to an adolescent child who has resided, particularly if ... | The appeal relates to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Convention) and to section 1(2) of the Child Abduction and Custody Act 1985.
It is brought within proceedings issued by a mother (Spanish national living in Spain) against a father (British national living in Engl... |
This appeal is concerned with the extent and consequences of duties of equal treatment or fairness, said to have been owed by the Office of Fair Trading (OFT) to those subject to investigation under the Competition Act 1998 (the Act).
Since the events in question the OFT has been replaced by the Competition and Markets... | The Competition and Markets Authority (CMA) is the successor in title to the Office of Fair Trading (OFT).
In April 2008 the OFT identified 13 parties, including the respondents, as having infringed the Competition Act 1998.
In early June 2008 both respondents, along with four other parties, entered into Early Resoluti... |
The appellants, Sustainable Shetland, are an unincorporated association concerned in the protection of the environment of the Shetland Islands.
By these proceedings they challenge a consent granted on 4 April 2012 by the Scottish Ministers for the construction of a windfarm.
The consent was under section 36 of the Elec... | Sustainable Shetland (SS) challenged a consent for a large windfarm in the Central Mainland of Shetland granted under s.36 of the Electricity Act 1989 on 4 April 2012 by the Scottish Ministers.
SS alleged that the Ministers had failed to take proper account of the Birds Directive (2009/147/EC) (particularly articles 2 ... |
On 22 November 2007, three brothers, Patrick Mackle, Plunkett Jude Mackle (commonly known as Jude) and Benedict Mackle, all pleaded guilty to the offence of being knowingly concerned in the fraudulent evasion of duty on goods contrary to Section 170(2)(a) of the Customs & Excise Management Act 1979.
In a separate trial... | This appeal concerns the validity of confiscation orders made with the appellants consent.
On 23 November 2007, three brothers, Patrick Mackle, Plunkett Jude Mackle (commonly known as Jude) and Benedict Mackle, all pleaded guilty to having been knowingly concerned in the fraudulent evasion of duty on cigarettes, contra... |
This challenge to the making of a care order, made with a view to the childs adoption, requires the court to consider (a) (b) (c) aspects of the threshold to the making of a care order set by section 31(2) of the Children Act 1989; the application to the decision whether to make a care order of the requirement under ar... | The case concerns the application of the criteria for making a care order under section 31 of the Children Act 1989 when the risk is of future psychological or emotional harm and the role of the appellate courts once the trial judge has made an order.
The child concerned was removed from her parents at birth under an i... |
A is a former senior member of the Security Service, B its Director of Establishments.
A wants to publish a book about his work in the Security Service.
For this he needs Bs consent: unsurprisingly, A is bound by strict contractual obligations as well as duties of confidentiality and statutory obligations under the Off... | A is a former member of the Security Service, B its Director of Establishments.
A wants to publish a book about his work in the Security Service.
A duty of confidentiality binds A and he cannot publish material relating to the Security Service without Bs consent.
B refused As application for consent to publish.
As a re... |
On 5 September 2004 the appellant Kevin Ruddy was arrested by two officers of Tayside Police in execution of a warrant for his arrest and taken to Perth police station.
The following day he was taken by two officers of Strathclyde Police by car from Perth police station to Partick police station in Glasgow.
He alleges ... | On 6 September 2004 the Appellant, having been arrested the day before and taken to Perth police station, was driven by car to a police station in Glasgow by two officers of Strathclyde Police.
He alleges that he was abused, threatened with violence and assaulted by the Strathclyde police officers before, during and af... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
These are three of five conjoined appeals which were heard by the Court of Appeal in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] LGR 559.
They are concerned with possession proceedings brought by a local authority in circumstances where the occupier is not a secure tenant under Part IV of the Housing Act ... | These appeals concern the making of orders for possession of a persons home in favour of a local authority.
The issue is whether, in circumstances where the occupier is not a secure tenant, the court that makes the order must consider the proportionality of making it.
Most residential occupiers of property owned by loc... |
The question in this case is whether the appellants BH (Mr H) and his wife KAS or H (Mrs H) should be extradited to the United States of America to face trial in Arizona.
The United States has requested their extradition under the Extradition Act 2003 on charges of conspiracy and unlawful importation into the United St... | The Appellants (Mr and Mrs H) are both British citizens.
The United States has requested their extradition under the Extradition Act 2003 to face trial in Arizona on charges of conspiracy and unlawful importation into the United States of chemicals used to manufacture methamphetamine, knowing or having reasonable cause... |
A person infringes a patent for a particular product if he makes, disposes of, offers to dispose of, uses or imports the product or keeps it see section 60(1)(a) of the Patents Act 1977 (the 1977 Act).
The principal issue on this appeal concerns the meaning of the word makes.
The other aspect of this appeal raises a nu... | The principal issue on this appeal concerns the meaning of the word makes in section 60(1)(a) of the Patents Act 1977 (the 1977 Act), which provides that a person infringes a patent for a particular product if he makes the product without the consent of the patentee.
This issue arises in respect of European Patent (UK)... |
Suppose that a convicted drug trafficker is found to have benefited from his trafficking to the extent of 1m but, having at the time realisable property worth only 100,000, a confiscation order is initially made against him just for this lesser sum.
Suppose then that the defendant, entirely legitimately, later acquires... | In January 1997, Mr Peacock was convicted of five offences of conspiracy to supply controlled drugs and sentenced to 12 years imprisonment, reduced on appeal to ten years.
Mr Peacock was found to have benefited from his drug trafficking to the extent of 273,717.50.
However, at the time of sentence, he owned realisable ... |
The issue is simply stated.
Child tax credit (CTC) is payable to one person only in respect of each child, even where the care of the child is shared between separated parents.
It is (now) accepted that entitlement to CTC falls within the ambit of article 1 of the First Protocol to the European Convention on Human Righ... | This case concerns the scope for justifying indirect discrimination against men in the allocation of Child Tax Credit (CTC).
CTC was introduced by the Tax Credits Act 2002 and replaced the previous separate systems of tax credits and benefit supplements for people looking after children, separately administered by the ... |
This appeal arises out of the grounding of the OCEAN VICTORY (the vessel) in the port of Kashima in Japan on 24 October 2006.
She was a Capesize bulk carrier, built in China in 2005.
By a demise charterparty dated 8 June 2005, the vessels owners, Ocean Victory Maritime Inc (OVM or the owners), chartered the vessel to O... | This appeal arises out of the grounding of the Ocean Victory (the vessel).
By a demise charterparty the vessels owners, Ocean Victory Maritime Inc. (the owners) chartered the vessel to Ocean Line Holdings Ltd (the demise charterer) on the widely used Barecon 89 form, as amended [1].
It provided for the demise charterer... |
This appeal is about the right conferred by the Water Industry Act 1991 (the Act) on a property owner to connect his private drain or sewer to a public sewer for the purpose of discharging his sewage into the public sewer.
The principal issue raised is whether it is the property owner or the sewerage undertaker who is ... | The Respondents, Barratt Homes Limited, were engaged in building a substantial development of homes and a primary school in Llanfoist, near Abergavenny in Monmouthshire.
They sought to exercise the right of a property owner under s 106 Water Industry Act 1991 to connect the drains to the public sewer at a point close t... |
The appellant is the brother of the late Alan Austin (the deceased) who was the tenant of a dwelling house at 52 Michael Faraday House, Thurlow Street, London.
The London Borough of Southwark (the Council) granted the deceased a tenancy of the premises on 12 July 1983.
It was a secure tenancy under the Housing Act 1980... | The Appellants brother, who is now deceased (the Deceased), held a secure tenancy under the Housing Act 1985 (the 1985 Act) of a property owned by the London Borough of Southwark (the Authority).
The Appellant contends that he lived in his brothers home for the 12 months preceding his death, caring for him during his t... |
The issue in this appeal is: what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, when such approval has never been given? In particular, is any evid... | The issue in the appeal is: what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, when such approval has never been given? In particular, is any evide... |
This case concerns the jurisdiction of a court in England to make a maintenance order in favour of a party to a marriage (here, the wife) pursuant to section 27 of the Matrimonial Causes Act 1973 (as amended section 27) in circumstances in which for most of the marriage the parties lived in Scotland and where the relev... | This appeal brought by the husband concerns the jurisdiction of an English court to make a maintenance order in favour of the wife under section 27 of the Matrimonial Causes Act 1973 (as amended) (section 27) when the parties had mostly lived in Scotland and the divorce proceedings were conducted there.
The parties mar... |
The appellant and his brother, Daniel Mansell, were convicted of murder and two robberies at Leeds Crown Court on 27 February 1998.
The appellants tariff in respect of his life sentence for murder was set at 18 years.
On 1 December 2009, the Court of Appeal (Criminal Division) (Hooper LJ, Cooke and Swift JJ) quashed th... | The issue in this appeal is whether the Court of Appeal was right to order a retrial in respect of the appellant.
The circumstances in which a court may order a retrial are set out in section 7(1) of the Criminal Appeal Act 1968, as amended by the Criminal Justice Act 1988, which provides: Where the Court of Appeal all... |
On 11 September 2014, the Cleveland Meat Company Ltd (CMC) bought a live bull at the Darlington Farmers Auction Mart for 1,361.20.
The bull was passed fit for slaughter by the Official Veterinarian (OV) stationed at CMCs slaughterhouse.
It was assigned a kill number of 77 and slaughtered.
A post mortem inspection of bo... | Cleveland Meat Company Ltd (CMC) bought a bull at auction.
It was passed fit for slaughter by the Official Veterinarian (OV) stationed at its slaughterhouse.
After a post mortem inspection of the carcass, and discussion with a Meat Hygiene Inspector, the OV declared the meat unfit for human consumption.
It did not ther... |
This is a challenge by application for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board for Scotland (the Board) adopted by a decision taken at a meeting on 25 August 2011 and implemented on 5 December 2011.
The appellant, Mr McCann, ... | Mr McCann suffers from a mental disorder and was detained in the State Hospital at Carstairs following his conviction for a number of offences.
On 5 December 2011 the State Hospital Board for Scotland (the Board) implemented a comprehensive smoking ban in the State Hospital.
A partial ban had previously been implemente... |
This appeal relates to the right of the Police Service of Northern Ireland (PSNI) to retain personal information and data lawfully obtained from the appellant following his arrest on 14 October 2008 for the offence of driving with excess alcohol contrary to article 16(1)(a) of the Road Traffic (Northern Ireland) Order ... | The Appellant was arrested for driving with excess alcohol on 14 October 2008 and pleaded guilty to that offence on 5 November 2008.
He was fined 50 and disqualified from driving for 12 months.
A conviction for driving with excess alcohol is spent after five years.
He has been an adult throughout.
When the Appellant wa... |
In this application under paragraph 2 of Schedule 2 to the Roads (Scotland) Act 1984 (the 1984 Act), Mr Walton challenges the validity of schemes and orders made by the Scottish Ministers under that Act to allow the construction of a new road network in the vicinity of Aberdeen.
The basis on which the schemes and order... | This appeal concerns a challenge by the Appellant to the validity of schemes and orders made by the Scottish Ministers under the Roads (Scotland) Act 1984 (the 1984 Act) to allow the construction of a road network bypassing Aberdeen to the west of the city.
In March 2003, a partnership comprising local public and priva... |
This is an appeal from an interlocutor of the First Division of the Inner House of the Court of Session (the Lord President (Hamilton), Lord Reed and Lord Emslie) in a joint referral to the Special Commissioners by Scottish Widows Plc (the Company) and Her Majestys Revenue and Customs (HMRC) under para 31 of Schedule 1... | Scottish Widows Plc (Scottish Widows) is a life assurance company.
It was established in 2000, when it acquired the business of Scottish Widows Fund and Life Assurance Society (the Society) under a scheme of transfer which had been approved by the Court of Session in Scotland.
Scottish Widows acquired assets under the ... |
This appeal concerns the assessment of damages arising out of the repudiation of a charterparty by charterers of a cruise ship called New Flamenco (the vessel).
I can take the facts from the judgment of Longmore LJ (with whom Christopher Clarke and Sales LJJ agreed) in the Court of Appeal.
He had in turn taken the fact... | On 4 March 2005, the appellant (the owners) bought a cruise ship called the New Flamenco (the vessel).
The vessel had been chartered to the respondent (the charterers) by its previous owners by way of a time charterparty (the charterparty).
By a novation agreement the appellant assumed the rights and liabilities of the... |
The appellants are former employees of the London Borough of Lewisham (the council).
They worked in the councils leisure department until 2002.
Their part of the councils undertaking was then contracted out to a private sector employer named CCL Ltd and they were transferred into its employment.
In May 2004 CCLs undert... | The issue in this appeal is whether, where there has been a transfer of employees to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) apply, the new employer is bound by a term of an employees contract of employment which provides that terms and conditions of employment will be in a... |
This appeal is concerned with the meaning and application of the client money rules and client money distribution rules contained in Chapter 7 of the Client Assets Sourcebook (CASS 7) issued by the Financial Services Authority for the safeguarding and distribution of client money in implementation of the Markets in Fin... | This appeal arises from the insolvency and administration of the Lehman Brothers group of companies.
Lehman Brothers International (Europe) (LBIE) was the principal European trading company in the group and is incorporated in England as an unlimited company with its head office in London.
LBIE is authorised and regulat... |
Where a tenancy of land is held by more than one person, those persons hold the tenancy jointly.
In Hammersmith and Fulham LBC vs Monk [1992] AC 478 (Monk), the House of Lords unanimously held that, where such a tenancy is a periodic tenancy, which can be brought to an end by a notice to quit, the common law rule is th... | This case concerns a secure weekly tenancy of a house granted to a husband and wife, Mr and Mrs Sims, as joint tenants, by Dacorum Borough Council.
A secure periodic tenancy can only be brought to an end by a landlord by obtaining and executing a court order for possession.
By contrast, there is no such restriction on ... |
This is an application for directions in a pending appeal for which permission was granted by this court on 25 March 2014.
The appeal arises out of a transaction by which Mr Richard Gabriel, the claimant in the proceedings below, lent 200,000 to a company called Whiteshore Associates Ltd. The courts below have found th... | This is an application for directions in a pending appeal.
The appeal concerns a claim in negligence by Mr Gabriel (the Appellant) against his solicitors (the First Respondent).
The trial judge awarded Mr Gabriel 200,000 in damages and ordered the solicitors to pay Mr Gabriels costs.
The Court of Appeal reduced the dam... |
A company employs a business executive pursuant to a written agreement.
Following the termination of her employment she wishes to become employed by a firm whose business is in competition with that of the company.
The company contends that her proposed employment would breach a covenant in the agreement.
She answers t... | In 2003, the appellant, Egon Zehnder Ltd (Egon Zehnder), an executive search and recruitment company, hired the respondent, Ms Tillman, to work in its financial services practice area.
She was first employed as a consultant and promoted to principal in 2006, partner in 2009 and joint global practice head in 2012.
She w... |
So much depends upon how one frames the question.
Put simply, when disputes arise about the age of some one who is asking a local childrens services authority to provide him with accommodation under section 20(1) of the Children Act 1989, who decides whether he is a child or not? Section 20(1) reads as follows: (1) Eve... | Local authorities owe a variety of duties towards children in need, who may include unaccompanied minors coming here to seek asylum.
Such children may be entitled to accommodation and other help which is different from, and rather better than, the services available to adults.
So disputes may arise about whether a youn... |
This appeal is about whether the appellant, Nigerian National Petroleum Corporation (NNPC), should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, IPCO (Nigeria) Ltd (IPCO), has been seeking since November 2004 to enfo... | This appeal concerns the enforcement in England of a Nigerian arbitration award dated 28 October 2004 for USD 152,195,971 plus 5m Nigerian Naira in respect of a contract by which IPCO (Nigeria) Limited (IPCO) undertook to design and construct a petroleum export terminal for Nigerian National Petroleum Corporation (NNPC... |
The question in this appeal is whether sections 1 and 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (the 2010 Act) are outside the legislative competence of the Scottish Parliament.
Section 28(1) of the Scotland Act 1998 (the 1998 Act) provides that, subject to section 29, the Scottish Parliament ma... | In this appeal, the Appellants argue that sections 1 and 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (the 2010 Act) are outside the legislative competence of the Scottish Parliament.
Section 1 of the 2010 Act prohibits the display of tobacco products in a place where tobacco products are offered f... |
This is a reference of a devolution issue which has arisen in proceedings in the Sheriff Court of Lothian and Borders at Edinburgh.
It was required by the Lord Advocate under paragraph 33 of Schedule 6 to the Scotland Act 1998.
The respondent, to whom I shall refer as B as his case has not yet gone to trial, has been c... | This is a reference of a devolution issue at the request of the Lord Advocate.
It is directed to the issue of waiver.
The Respondent, B, whose case has not yet gone to trial, has been charged on summary complaint with housebreaking with intent to steal and having in his possession a controlled drug contrary to section ... |
These proceedings arise out of the deaths of three young men who lost their lives while serving in the British Army in Iraq and the suffering by two other young servicemen of serious injuries.
The units in which they were serving were sent to Iraq as part of Operation TELIC.
This operation, which lasted from January 20... | These proceedings concern three sets of claims which arise out of the deaths of three young British servicemen and the serious injuries of two other young British servicemen in Iraq.
The first set (the Challenger claims) arise from a friendly fire incident involving British tanks which caused the death of Cpl Stephen A... |
The over arching issue in this case is the weight to be given to the best interests of children who are affected by the decision to remove or deport one or both of their parents from this country.
Within this, however, is a much more specific question: in what circumstances is it permissible to remove or deport a non c... | This is a mothers appeal to the Supreme Court on the ground that her removal from the United Kingdom will constitute a disproportionate interference with her right to respect for her private and family life, guaranteed by article 8 of the European Convention on Human Rights.
The over arching issue is the weight to be g... |
This appeal concerns the procedure for collective proceedings introduced by amendment to the Competition Act 1998 (the Act) for the purpose of enabling small businesses and consumers more easily to bring claims for what may loosely be described as anti competitive conduct in breach of the provisions of the Act.
Where t... | This appeal concerns the procedure for collective proceedings in competition damages claims.
This is the first collective proceedings case of this kind to reach the Supreme Court.
It addresses important questions about the correct legal requirements for certification of a claim.
Mr Merricks claim arises out of the Euro... |
These appeals raise a number of points, some technical, others fundamental, relating to the requirements of and consequences of non compliance with the short and inflexible time limits introduced by the Extradition Act 2003.
Parts 1 and 2 of that Act deal with extradition to respectively category 1 territories in pract... | Lukaszewski (L), Pomiechowski (P) and Rozanski (R) are Polish citizens who are each the subject of a European Arrest Warrant (EAW) issued by the Polish court.
Each is wanted in order to serve an existing sentence.
L is wanted, in addition, to stand trial on ten charges of fraud.
The fourth appellant, Halligen (H), is a... |
The main issue in this appeal concerns the meaning and effect of a short, innocent sounding, phrase in article 221(4) of the (now superseded) Customs Code of the EU, contained in Council Regulation (EEC) No 2913/92 of 12 October 1992.
The Customs Code regulated the collection of, and accounting for, customs duty throug... | Customs duty is usually paid around the time goods are imported.
In some situations, Her Majestys Revenue and Customs (HMRC) may issue a post clearance demand to require payment at a later date.
This appeal is about the time limits for making such demands under a previous version of the EUs Customs Code, Council Regula... |
The respondent Mr Frank Perry is a retired miner.
Like very many of his colleagues he had, by the time he ceased working underground in 1994, been afflicted with a condition known as Vibration White Finger (VWF) , which is a particular type of a wider species of condition affecting the hand and the upper limbs collecti... | The respondent, Mr Perry, is a retired miner.
By the time he stopped working, he was suffering from a condition known as Vibration White Finger (VWF).
Common symptoms include a reduction in grip strength and manual dexterity, often leading to an inability to carry out routine domestic tasks unaided.
In the late 1990s, ... |
This appeal raises two issues as to the common law privilege against self incrimination.
The first issue is as to the meaning of the words proceedings for infringement of rights pertaining to intellectual property in section 72(2)(a) of the Senior Courts Act 1981 (the 1981 Act).
The second issue is whether, on the foot... | This appeal arises out of what has become known as the phone hacking scandal.
During 2005 6 the Appellant, Mr Glenn Mulcaire, worked as a private investigator, often engaged by staff on the News of the World newspaper, then published by News Group Newspapers Ltd (NGN).
During that period, Mr Clive Goodman was employed ... |
This appeal is concerned with the interpretation of a solicitors professional indemnity insurance policy (the Policy) written by AIG Europe Ltd (AIG).
It raises a legal question of general public importance both because it concerns a term of an insurance policy, which is, or is similar to, terms in all professional ind... | Impact Funding Solutions (Impact) entered into a disbursements funding master agreement (DFMA) with solicitors, Barrington Support Services Ltd (Barrington), by which Impact, by entering into loan agreements with Barringtons clients, provided funds to Barrington to hold on behalf of its clients and to use to make disbu... |
The first Star Wars film (later renamed Star Wars Episode IV A New Hope in order to provide for prequels as well as sequels) was released in the United States in 1977.
It was an enormous commercial success.
It won an Oscar for best costume design.
This appeal is concerned with intellectual property rights in various ar... | The appeal raises two distinct legal issues: (1) The definition of sculpture in the Copyright, Designs and Patents Act 1988, and, in particular, the correct approach to three dimensional objects that have both an artistic purpose and a utilitarian function; (2) Whether an English court may exercise jurisdiction in a cl... |
Where an international commercial contract contains an agreement to resolve disputes by arbitration, at least three systems of national law are engaged when a dispute occurs.
They are: the law governing the substance of the dispute; the law governing the agreement to arbitrate; and the law governing the arbitration pro... | The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the seat of the arbitration, the place chosen for the arbitration in the arbitration agreement.
On 1 February 2016, a power plant in Rus... |
When the law extinguishes obligations as a result of the effluxion of time it is important that there is certainty as to when the clock is started.
Yet many within the legal profession in Scotland have been unsure about this important matter.
This is another appeal about the meaning of the provisions of the Prescriptio... | The appellants (the trustees) are the trustees of the Inter Vivos Trust of the late William Strathdee Gordon (the trust).
The trust owns farmland comprising three fields (a grazing field, a 40 acre field and a 50 acre field) which were acquired due to their long term development potential.
Each field was let out under ... |
The seventh chapter of Deuteronomy records the following instructions given by Moses to the people of Israel, after delivering the Ten Commandments at Mount Sinai: 1.
When the Lord thy God shall bring thee into the land whither thou goest to possess it, and hath cast out many nations before thee, the Hittites, and the ... | E challenged JFSs (formerly the Jews Free School) refusal to admit his son, M, to the school.
JFS is designated as a Jewish faith school.
It is over subscribed and has adopted as its oversubscription policy an approach of giving precedence in admission to those children recognised as Jewish by the Office of the Chief R... |
This appeal arises out of an unfortunate but isolated oversight in the offices of the West London Mental Health NHS Trust.
It occurred over the New Year period at the end of 2010.
The consequences have long since ceased to have any practical significance for any of the parties.
No relief, financial or otherwise, is now... | The appeal arises out of an unfortunate but isolated oversight in the offices of the West London Mental Health NHS Trust at the end of 2010.
Mrs Modaresi, who suffers from schizophrenia, was detained under s.2 of the Mental Health Act 1983 (the Act) on 20 December 2010 for assessment.
By s.66(1)(a) of the Act she had a... |
The claimant Kevin Nunn was convicted in November 2006 of the murder of his girlfriend following the ending of their relationship.
His application for leave to appeal to the Court of Appeal (Criminal Division) was refused after hearing counsels written and oral representations on his behalf.
He continues to protest tha... | Mr Nunn was convicted in November 2006 of killing his girlfriend following the end of their relationship.
Her body was found by a river two days after that end, having been subjected to various indignities and abuses.
Evidence was given at trial that he had rowed noisily with her on the night she disappeared, and had b... |
A mother appeals against an order of the Court of Appeal (Thorpe, Longmore and McFarlane LJJ), [2011] EWCA Civ 1385, dated 14 December 2011, that she should forthwith return her son, WS (whom I will call W), and who was born on 13 November 2009 so is aged two, to Australia.
The order was made pursuant to article 12 of ... | A mother appeals against an order of the English Court of Appeal that she should immediately return her son, WS (hereafter W), who is aged two, to Australia.
The order was made pursuant to Article 12 of the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980 (the Conv... |
The appellant, Ms Samuels, was an assured shorthold tenant of 18 Dagger Lane, West Bromwich, Birmingham, where she lived with four children.
In July 2011, having fallen into rent arrears, she was given notice to leave.
She later applied to the respondent council as homeless under Part VII of the Housing Act 1996.
But i... | The appellant, Ms Samuels, was an assured shorthold tenant of a property in West Bromwich, Birmingham, where she lived with four children.
In July 2011, having fallen into rent arrears, she was given notice to leave.
She later applied to the respondent council to be treated as homeless under Part VII of the Housing Act... |
The central issue in this case is whether Ms Tamara Gubeladze (the respondent), a Latvian national living in the United Kingdom, is entitled to receive state pension credit, a means tested benefit.
She relies on regulation 5(2) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) (the 2006 Regula... | By a Treaty signed at Athens on 16 April 2003 (the Athens Treaty), ten Accession States became member states of the EU.
The Act of Accession, annexed to the Athens Treaty, permitted the existing member states to apply national measures regulating access to their labour markets by nationals of the eight most populous Ac... |
The appellant, Mr Campbell, was employed by the company (the first respondent) as an apprentice joiner.
The second respondent, Mr Gordon, was the sole director of the company and responsible for its day to day operation.
On 28 June 2006 the appellant suffered an injury whilst working with an electric circular saw.
Alth... | The Appellant, Mr Campbell, was employed as an apprentice joiner by a company whose sole director was Mr Gordon, the Respondent.
The Respondent was responsible for the day to day operation of the company.
The Appellant suffered an injury whilst working with an electric saw on 28 June 2006.
The companys employers liabil... |
The four respondents to these appeals have all been convicted or received cautions or reprimands in respect of comparatively minor offending.
The disclosure of their criminal records to potential employers has made it more difficult for them to obtain jobs, or may make it more difficult in future.
In each case, the rel... | The respondents to these appeals (Mrs Gallagher, P, G and W) have all been convicted or received cautions or reprimands in respect of relatively minor offending.
The disclosure of their criminal records to potential employers has made, or may in future make, it more difficult for them to obtain employment.
In each case... |
The distinct legal personality of companies has been a fundamental feature of English commercial law for a century and a half, but that has never stopped businessmen from treating their companies as indistinguishable from themselves.
Mr Michael Hunt is not the first businessman to make that mistake, and doubtless he wi... | This appeal arises from an unsuccessful management buyout of Evo Medical Solutions (Evo) made through Evo Medical Solutions Ltd (EMSL) in 2006.
The buyout was funded by an interest bearing loan of 15m to EMSL by Swynson Ltd (Swynson), a company owned and controlled by Mr Hunt, a wealthy investor.
Prior to the buyout, S... |
This appeal concerns the assessment of compensation for compulsory acquisition of two parcels of grazing land, amounting in all to 26.85 acres (10.86 ha) (the reference land), formerly owned by the present appellant (the claimants).
They were part of a much larger area of some 420 acres (170ha) acquired under the North... | This appeal concerns two parcels of grazing land one mile east of Rochdale, totalling 26.85 acres, formerly owned by the appellant and which were subject to compulsory acquisition under the North West Development Agency (Kingsway Business Park, Rochdale) Compulsory Purchase Order 2002 (the CPO).
Responsibility for payi... |
These are three of five conjoined appeals which were heard by the Court of Appeal in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] LGR 559.
They are concerned with possession proceedings brought by a local authority in circumstances where the occupier is not a secure tenant under Part IV of the Housing Act ... | These appeals concern the making of orders for possession of a persons home in favour of a local authority.
The issue is whether, in circumstances where the occupier is not a secure tenant, the court that makes the order must consider the proportionality of making it.
Most residential occupiers of property owned by loc... |
This is an appeal against a decision of the Court of Appeal allowing the respondents appeal from a decision of Mr Andrew Sutcliffe QC, sitting as a Deputy High Court Judge, who granted the appellants relief against a debarring order, in circumstances where such relief had already been refused by another judge.
The back... | Mr Thevarajah entered into an agreement with the Appellants, Mr Riordan and Eugene and Barrington Burke, to buy the shares that they owned in Prestige Property Developer UK Ltd (the Company).
Having paid 1.572m to the Appellants, Mr Thevarajah sought specific performance of the agreement in proceedings issued in March ... |
These appeals are concerned with a little used provision in article 1F(c) of the Geneva Convention on the Status of Refugees (the Refugee Convention).
This excludes from refugee status and protection any person with respect to whom there are serious reasons for considering that . he has been guilty of acts contrary to ... | These appeals concern a little used provision in article 1F(c) of the Geneva Convention on the Status of Refugees.
This excludes from protection any person with respect to whom there are serious reasons for considering thathe has been guilty of acts contrary to the purposes and principles of the United Nations.
Both ap... |
This appeal is about the rights of the owner of a time chartered ship after the ship has been lawfully withdrawn for non payment of hire.
The question must often have arisen in practice but, oddly enough, there is no direct authority upon it.
The MT Kos is a 301,000 mt VLCC.
She was time chartered by her owners to Petr... | The appeal concerns the rights of the owner of a time chartered ship to payment for use of the ship and fuel by the charterer to discharge cargo after the ship has been lawfully withdrawn for non payment of hire.
The appellant is the owner of the ship MT Kos.
The ship was time chartered to the respondent on 2 June 2006... |
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties.
The principal question of law which it raises is whether a local authority or its employees may owe... | The claimants, who have been given anonymity, seek damages for personal injuries suffered while they were children living in the area of the defendant council.
They maintain that the injuries were suffered as a result of the councils negligent failure to exercise its powers under the Children Act 1989 (the 1989 Act) so... |
This appeal raises the question whether the tort of malicious prosecution includes the prosecution of civil proceedings.
It also raises a question about whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or... | For the purposes of the appeal, the Court was invited to assume that Mr Gubay controlled a leisure company, Langstone, of which Mr Willers was a director.
Mr Willers was later dismissed as director of Langstone and in 2010 Langstone sued Mr Willers for alleged breach of contractual and fiduciary duties in pursuing liti... |
The issue in this appeal is whether the appellant is entitled to subsidiary protection status under articles 2 and 15 of EU Council Directive 2004/83/EC on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international pr... | The appellant is a Sri Lankan national who arrived in the UK in January 2005 aged 28.
He was given leave to enter as a student and his leave to remain was extended to 30 September 2008.
His application for an extension was refused.
He claimed asylum on 5 January 2009 on the grounds that he had been a member of the Libe... |
Act) provide as follows: Sections (1) and (2) of section 123 of the Insolvency Act 1986 (the 1986 (1) A company is deemed unable to pay its debts (a) [non compliance with a statutory demand for a debt exceeding 750 presently due] (b) to (d) [unsatisfied execution on judgment debt in terms appropriate to England and Wal... | Interest bearing loan notes (the notes) to the value of 660m were issued to certain companies (the Noteholders) by a special purpose vehicle formed by the Lehman Brothers group, Eurosail UK 2007 3BL (the Issuer).
The Issuer used the issue of the notes to fund the purchase of a portfolio of mortgage loans, to the value ... |
In 1981 Samuel Brush worked as a postman.
He was also a member of the Ulster Defence Regiment.
Members of that regiment were frequently targeted by paramilitary groups then operating in Northern Ireland.
Because of that Mr Brush was wearing light body armour and carrying a personal protection weapon when he was ambushe... | In June 1981, Mr McGeough was implicated in the attempted murder of Samuel Brush, a postman and member of the Ulster Defence Regiment who was shot in County Tyrone.
In the course of the attack, Mr Brush managed to fire a gun at his assailants, striking one of them.
Mr McGeough subsequently presented at a nearby hospita... |
This appeal concerns the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency (the Agency) restricting certain forms of salmon fishing in the Severn Estuary.
Mr Motts interest
The respondent, Mr Mott, has a leasehold interest in a so called putcher rank fisher... | The Respondent, Mr Mott, has a leasehold interest in a putcher rank fishery on the banks of the Severn Estuary.
A putcher rank is an old fishing technique, involving the use of conical baskets to trap adult salmon as they attempt to return from the open sea to their river of origin to spawn.
According to Mr Motts evide... |
This appeal is concerned with the interpretation of article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Recast Regulation)), which sets out a speci... | This appeal is about article 24(2) of the Brussels I Recast Regulation (Regulation (EU) No 1215/2012) (the Recast Regulation).
This sets out special jurisdictional rules on the governance of corporations.
The sixth appellant (Koza Altin) is a publicly listed company in Turkey.
It is part of the Koza Ipek Group (the Gro... |
This appeal raises a question about the boundary between the jurisdiction of the First tier Tribunal (Tax Chamber) and that of the county court or the High Court.
Underlying that issue is a question of the legality of the approach which Her Majestys Commissioners of Revenue and Customs (the Revenue) have taken to entri... | This test case raises a question about the jurisdictional boundary between the specialist tax tribunal and the ordinary courts, as well as an underlying issue as to the approach taken by the Revenue to enquire into a claim for loss relief made as part of a tax avoidance scheme used by some 200 taxpayers [1].
On 31 Octo... |
The common law has long protected the liberty of the subject, through the machinery of habeas corpus and the tort of false imprisonment.
Likewise, article 5 of the European Convention on Human Rights begins: Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty save in the fo... | The issue in this appeal is whether it is within the scope of parental responsibility to consent to living arrangements for a 16 or 17 year old child which would otherwise amount to a deprivation of liberty within the meaning of article 5 of the European Convention of Human Rights (ECHR), in particular where the child ... |
The central issue in this appeal is whether the Court of Appeal in Northern Ireland was entitled to order that a claim for damages under section 8 of the Human Rights Act 1998, for breach of the requirement under article 2 of the European Convention on Human Rights that an investigation into a death should begin prompt... | On 25 November 1992, Pearse Jordan was shot and killed by a member of the Royal Ulster Constabulary.
In 1994, his father, Hugh Jordan, made an application to the European Court of Human Rights (ECtHR) complaining that the failure to carry out a prompt and effective investigation into his sons death was a violation of a... |
The issue in this appeal is whether section 31(3)(d) of the Adoption and Children (Scotland) Act 2007 is within the legislative competence of the Scottish Parliament.
It is contended on behalf of the appellant that the provision is incompatible with the Convention rights set out in Schedule 1 to the Human Rights Act 19... | The issue in the appeal is whether section 31(3)(d) of the Adoption and Children (Scotland) Act 2007 (the 2007 Act) is incompatible with the Convention right set out in article 8 of the European Convention on Human Rights 1950 (the Convention), with the consequence that it is outside the legislative competence of the S... |
A feature of the trial is that in the public interest all those directly taking part are given civil immunity for their participationThus the court, judge and jury, and the witnesses including expert witnesses are granted civil immunity.
This is not just privilege for the purposes of the law of defamation but is a true... | The appellant in this case challenged the rule that an expert witness enjoyed immunity from any form of civil action arising from the evidence he or she gave in the course of proceedings.
The appellant had been hit by a car in March 2001 and suffered physical and psychiatric consequences.
He consulted solicitors with a... |
This appeal is sensitive and important.
I regret that I have failed to contain this judgment within fewer than 78 paragraphs, plus 25 paragraphs of a schedule to it.
The Court of Appeal has made a rare finding that the judges conduct of the trial was unfair towards one of the parties.
When made in respect of the conduc... | The respondent (the claimant) sued the appellants (the defendants) for libel in respect of an article which they published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK.
The Court of Appeal found that the conduct of the trial by Mr Justice Jay (the judge) in the Hig... |
This judgment deals with the first, and major, limb of this appeal.
At the end I shall explain the position in relation to the second limb.
On 2 June 2006 the appellant (TNL) published an article (the Article) which defamed the respondent, (Sergeant Flood), who is a Detective Sergeant in the Extradition Unit of the Met... | The respondent is a Detective Sergeant with the Metropolitan Police Service (MPS) Extradition Unit.
The appellant is the publisher of The Times newspaper and of material on The Times website.
On 2 June 2006 the appellant published an article which named the respondent as a detective accused of taking money to disclose ... |
From time to time cases come before the courts that try the patience of even the most phlegmatic of judges.
This, I fear, is one of them.
On the one side there is an articulate and determined litigant who suffers from an implacable belief that his case has not been dealt with justly and, because he has run out of money... | This case concerns an aspect of the Supreme Court's jurisdiction to hear appeals in Scottish civil cases.
Mr and Mrs Politakis are the directors and the only shareholders of Apollo Engineering Ltd (Apollo).
They wish to appeal against two orders that were made in a case stated for the opinion of the Inner House of the ... |
The Immigration Act 1971 is now more than forty years old, and it has not aged well.
It is widely acknowledged to be ill adapted to the mounting scale and complexity of the problems associated with immigration control.
The present appeals are a striking illustration of the difficulties.
They concern the system for lice... | These appeals concern the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points based system of immigration control.
Tier 4 deals with the grant of leave to enter or remain in the United Kingdom to migrants to the UK from outside the... |
The respondent stood trial at the Central Criminal Court on a charge of entering into or becoming concerned in a money laundering arrangement, contrary to section 328(1) of the Proceeds of Crime Act 2002.
The particulars of the offence were that he and another between the first day of August 2011 and the 13th day of Ja... | A fraudster, B, established four ghost websites falsely pretending to offer cut price motor insurance.
In order to carry out this plan he recruited associates to open bank accounts for channelling the proceeds.
H was one such associate.
One website was named AM Insurance, which operated from 1 September 2011 to January... |
These appeals raise the question as to the test which is to be applied when considering whether a gay person who is claiming asylum under the Convention relating to the Status of Refugees 1951, as applied by the 1967 Protocol (the Convention) has a well founded fear of persecution in the country of his or her nationali... | The Supreme Court unanimously allows the appeal, holding that the reasonable tolerability test applied by the Court of Appeal is contrary to the Convention and should not be followed in the future.
HJ and HTs cases are remitted for reconsideration in light of the detailed guidance provided by the Supreme Court.
There i... |
The fundamental issue in this case is a simple one.
Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non British mother simply because they were not married to one another at the time of his birth or at any time thereafter? If the parents h... | The appellant, Mr Johnson, was born in Jamaica in 1985 to a Jamaican mother and British father who were not married to one another.
His father moved to the United Kingdom with him when he was four, and he has lived here ever since.
Under the law in force at his birth, Mr Johnson became a Jamaican citizen but not a Brit... |
In March 2017 local authorities in England were looking after 72,670 children, a figure which has been rising steadily for the past nine years.
They do so either as part of a range of services provided for children in need or under a variety of powers to intervene compulsorily in the family to protect children from har... | This appeal concerns the limits of a local authoritys powers and duties to provide accommodation for children in need under section 20 of the Children Act 1989 (CA).
The appellants are the parents of eight children, at the relevant time aged 14, 12, 11, 9, 7, 5, 2 and 8 months.
On 5 July 2007 their 12 year old son was ... |
Until relatively recent times, English judges were obliged to impose sentences of imprisonment for life only in cases of murder.
A judge might also impose a discretionary life sentence in other cases where a determinate sentence would not provide adequate protection to the public against the risk of serious harm presen... | These appeals concern the circumstances in which a prisoner serving a life sentence or an indeterminate sentence of imprisonment for public protection (IPP), who has served the minimum period specified for the purposes of retribution and deterrence (the tariff), and whose further detention is justified only if it is ne... |
We have before us two cases under the Extradition Act 2003 involving the parents of young children.
In one, an Italian court has issued a European Arrest Warrant (EAW) in respect of both parents of three children now aged 11, 8 and 3, the parents having been convicted of a series of drug trafficking offences.
The paren... | These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court.
The issue in all three is whether extradition would be incompatible with the rights of the Appellants children to respect ... |
If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered to that address? Or when the letter comes to the attention of the employee and he has eithe... | The issue in this appeal is when the notice period begins to run, if an employee is dismissed on written notice posted to his home address.
If the answer is not specified in the contract of employment, is it (i) when the letter would have been delivered in the ordinary course of post; (ii) when it was in fact delivered... |
A makes a careless misrepresentation which causes economic loss to B. There was no contract between them.
But did A owe a duty of care to B? No, said the trial judge.
Yes, said the appellate court.
So it is A who brings this further appeal.
Ms Steel, who was the first defender and is now the first appellant, is a solic... | The First Appellant, Jane Steel, is a solicitor.
In 2007 she was a partner in Bell & Scott LLP, the Second Appellant, who were a firm of solicitors in Glasgow.
In her capacity as a solicitor Ms Steel had, for many years, acted for a Mr Hamish Munro, and subsequently a company in which he had an interest Headway Caledon... |
The appellant (Mr Youssef), an Egyptian national, has been living in this country since 1994.
He challenges a decision made by the respondent Secretary of State on 14 September 2005, in his capacity as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions ... | The appellant is an Egyptian national who has lived in the UK since 1994.
He is subject to an asset freeze imposed on persons associated with Al Qaida under Chapter VII of the United Nations Charter.
The United Nations Security Council Sanctions Committee maintains a list of persons and entities subject to the asset fr... |
This is the first time the highest court (whether the House of Lords or Supreme Court) has been required to decide an appeal on section 84 of the Law of Property Act 1925.
That section confers on the Upper Tribunal a power, in specified circumstances, to discharge or modify restrictive covenants affecting land.
In this... | This case raises a fundamental dilemma over the use of land.
On the one side, there is a property company which seeks to ensure that 13 new affordable houses do not go to waste.
On the other, there is a charitable childrens trust which seeks to ensure that terminally ill children in a hospice can enjoy, in privacy, the... |
This is an appeal from an interlocutor of the First Division of the Inner House of the Court of Session (the Lord President (Hamilton), Lord Reed and Lord Emslie) in a joint referral to the Special Commissioners by Scottish Widows Plc (the Company) and Her Majestys Revenue and Customs (HMRC) under para 31 of Schedule 1... | Scottish Widows Plc (Scottish Widows) is a life assurance company.
It was established in 2000, when it acquired the business of Scottish Widows Fund and Life Assurance Society (the Society) under a scheme of transfer which had been approved by the Court of Session in Scotland.
Scottish Widows acquired assets under the ... |
The appellant, Paul Macklin, was convicted after trial on 26 September 2003 of a charge of possession of a handgun in contravention of section 17 of the Firearms Act 1968, and a further charge of assaulting two police officers by repeatedly presenting the handgun at them.
The only issue in dispute at his trial was whet... | In 2003 the appellant, Mr Macklin, was convicted of possession of a handgun in contravention of section 17 of the Firearms Act 1968, and a further charge of assaulting two police officers by repeatedly pointing the handgun at them.
The issue in dispute at his trial was whether he was the person who had been pursued by ... |
On 29 January 1981 Mr Jivraj and Mr Hashwani entered into a joint venture agreement (the JVA), containing an arbitration clause which provided that, in the event of a dispute between them which they were unable to resolve, that dispute should be resolved by arbitration before three arbitrators, each of whom should be a... | The parties entered into a joint venture agreement on 29 January 1981.
Article 8 provided that any dispute arising from the joint venture should be resolved by arbitration before three arbitrators, each of whom was required to be a respected member of the Ismaili community (the Requirement).
The Ismaili community compr... |
On 29 January 1981 Mr Jivraj and Mr Hashwani entered into a joint venture agreement (the JVA), containing an arbitration clause which provided that, in the event of a dispute between them which they were unable to resolve, that dispute should be resolved by arbitration before three arbitrators, each of whom should be a... | The parties entered into a joint venture agreement on 29 January 1981.
Article 8 provided that any dispute arising from the joint venture should be resolved by arbitration before three arbitrators, each of whom was required to be a respected member of the Ismaili community (the Requirement).
The Ismaili community compr... |
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