| In
this section:FATAL ACCIDENTS ACTS | FINANCIAL SERVICES | FREEDOM OF INFORMATION | GUARANTEE | HEALTH AND SAFETY | HIGHWAY | HOUSING | HUMAN RIGHTS | HUSBAND & WIFE | IMMIGRATION | INDUSTRIAL AND PROVIDENT SOCIETIES | INDUSTRIAL RELATIONS | INJUNCTION | INSURANCE | JUDICIAL PRECEDENT | JUDICIAL REVIEW |
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| FATAL ACCIDENTS ACTS |
Damages — Widow’s dependency — Husband killed in accident at work— Widow receiving payments out of death in service benefit scheme and trust fund established by employer — Whether “benefit” to be disregarded in assessing damages — Fatal Accidents Act 1976 (c 30), ss 3, 4 (as substituted by Administration of Justice Act 1982 (c 53), s 3(1))
Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140
[2008] WLR (D) 140
07/05/08
Damages — Claim for dependency — Solicitor’s negligence in discontinuing personal injury claim after victim’s death — Whether claim for dependency extinguished — Whether solicitor liable to dependants — Fatal Accidents Act 1976, s 1
Reader v Molesworths Bright Clegg [2007] EWCA Civ 169
[2007] WLR (D) 49
02/03/07
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| FINANCIAL SERVICES |
Confidential information — Production of documents — Trust’s adviser required as part of litigation to produce for inspection information supplied to Financial Services Authority and given to back to adviser — Adviser ordered to allow inspection of warning notices — Whether adviser “obtaining” information from authority and therefore prohibited from disclosing it — Whether inspection of warning notices would result in their prohibited “publication” — Financial Services and Markets Act 2000, ss 348, 391
Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others [2007] EWCA Civ 197
[2007] WLR (D) 57
9/03/07
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Public authority — Information supplied under statutory procedure — Statute forbidding disclosure for other purposes of information given in confidence — Whether information exempt from disclosure pursuant to freedom of information request — Animals (Scientific Procedures) Act 1986, s 24(1) — Freedom of Information Act 2000, s 44(1)
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another [2008] EWCA Civ 870
[2008] WLR (D) 273, CA Civ
30/07/08
Public authority — British Broadcasting Corporation — Application for disclosure of internal BBC report — Information Commissioner deciding BBC not “public authority” for purpose of request — Whether report held for “purposes other than those of journalism, art or literature” — Whether decision of Commissioner subject to appeal to Information Tribunal — Whether subject to judicial review — Freedom of Information Act 2000, ss 3(1), 7(1), 50, 57, Sch 1)
British Broadcasting Corporation v Sugar and another; R (British Broadcasting Corporation) v Information Tribunal; R (Sugar) v Information Commissioner; [2008] WLR (D) 14
[2008] WLR (D) 14
25/01/08
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| GUARANTEE |
Guarantee—Indemnity—Oral promise to answer for another’s debt—Enforceability of undertaking—Proper approach to distinguishing contracts—Statute of Frauds 1677 (29 Car 2, c 3), s 4
Pitts v Jones [2007] EWCA Civ 1301
[2007] WLR (D) 329
06/12/07
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| HEALTH AND SAFETY |
Employer’s liability — Suitability of equipment — Employee habitually collecting client from own home for day care — Employee injured when pushing client in wheelchair down ramp — Whether ramp “work equipment” for “use at work” — Whether employer strictly liable — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), regs 4, 5
Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83
WLR (D) 83
11/03/08
Employer’s liability — Work equipment — Employee driving underground train using traction brake controller — Employee developing tenosynovitis due to strain caused by manner of holding controller — Whether risk assessment and training by employer adequate — Whether duty on employer to ensure adequacy of training strict or absolute — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 9
Allison v London Underground Ltd [2008] EWCA Civ 71
[2008] WLR (D) 45
08/02/08
Employer’s Liability — Council home for elderly and mentally infirm — Carer’s injury due to slipping in urine on wet floor — Correct test to be applied to the construction of safety regulation in conjunction with Code of Practice — Whether employers failing to comply with regulatory requirement — Health and Safety at Work etc Act 1974, s 16; Workplace (Health, Safety and Welfare) Regulations 1992, reg 12
Ellis v Bristol City Council [2007] EWCA Civ 685
[2007] WLR(D) 192
05/07/07
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| HIGHWAY |
Right of way — Definitive map — Rights for mechanically propelled vehicles — Local surveying authority determining to upgrade to byway open to all traffic — Application to modify definitive map and statement — Whether failure to comply with statutory requirements as to making of such applications rendering application invalid — Whether invalidity of such application preventing operation of saving provision relating to extinguishment of existing rights — Wildlife and Countryside Act 1981, s 53(5), Sch 14, paras 1, 3 — Natural Environment and Rural Communities Act 2006, s 67
R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132
[2008] WLR (D) 132
29/04/08
Public procession — Advance notice — Mass cycle rides in central London — Rides taking place monthly for 12 years — Participants promoting cycling — No organiser or fixed route — Whether requiring advance notice to police — Whether “commonly or customarily” held in police area — Public Order Act 1986, s 11(2)
Kay v Commissioner of Police of the Metropolis
[2007] WLR (D) 143
21/05/07
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| HOUSING |
Secure tenancy — Death of tenant — Tenant’s son succeeding to tenancy but deliberately failing for three years to notify local authority of mother’s death — Local authority claiming possession with view to moving occupant to smaller property — Whether son estopped from asserting date of mother’s death to defeat local authority’s claim — Whether proprietory estoppel — Housing Act 1985, s 84, Sch 2, ground 16
Newport City Council v Charles; [2008] WLR (D) 245
[2008] WLR (D) 245
17/07/08
Demoted tenancy — Proceedings for possession — Housing authority seeking order for possession — Claimant contending review by housing officer of original decision to terminate tenancy not independent or impartial — Whether procedure contravening tenant’s rights to fair hearing — Housing Act 1996, ss 143E–F (as inserted by Anti-Social Behaviour Act 2003, s 14(5), Sch 1, para 1) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Demoted Tenancies (Review of Decisions) (England) Regulations 2004 (SI 1679/2004)
R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224
[2008] WLR (D) 224
02/07/08
Homelessness — Review — Council deciding applicant not in priority need for assistance as a homeless person — Officer reviewing decision failing to give notice of intention to find against applicant — Applicant unable to make written or oral representations — Whether discretion to dispense with notice — Allocation of Housing and Homelessness (Review Procedure) Regulations 1999, reg 8(2)
Johnston v London Borough of Lambeth [2008] EWCA Civ 690
[2008] WLR (D) 200
19/06/08
Secure tenancy — Order for possession suspended provided tenant paid rent arrears — Tenant assaulted by assailants while in occupation as tolerated trespasser and deciding not to return to flat — Tenant retaining keys even after collecting his personal belongings — Whether liability to pay mesne profit continuing until tenant notified landlord his occupation had ceased
Merton London Borough Council v Jones; [2008] WLR (D) 194
[2008] WLR (D) 194
16/06/08
Secure tenancy — Right to buy — Tenant in receipt of housing benefit exercising right to buy long lease of council flat — Tenant serving operative notice of delay on council — Whether housing benefit “payment of rent” — Whether purchase price to be reduced — Whether jurisdiction to hear dispute following execution of lease — Housing Act 1985 (as amended by Housing Act 1988, s 124), ss 153A(5), 153B, 181
Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624
[2008] WLR (D) 192
12/06/08
Secure tenancy — Right to buy — Local authority granting tenancies of dwelling houses to employees — Contract requiring employees to occupy dwelling houses — Whether requirement imposed for better performance of their duties — Whether employees having statutory right to buy — Housing Act 1985, Sch 1, para 2(1)
Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29
[2008] WLR (D) 29
01/02/08
Secure tenancy — Death of tenant — Family member succeeding to periodic tenancy — Housing authority seeking possession on ground property more extensive than successor tenant reasonably requiring — Additional family members subsequently occupying property — Whether composition of successor tenant’s family to be determined at date of succession or possession hearing — Housing Act 1985, Sch 2, Pt III, ground 16
Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126
- [2008] 1 WLR 359
07/11/07
Secure tenancy — Homeless person in priority needs — Local authority taking lease from housing trust to accommodate homeless people under statutory duty — Local authority seeking possession — Whether tenancy secure tenancy — Whether head lessee being private landlord relevant reason to provide security to tenant
Westminster City Council v Boraliu
[2007] WLR (D) 287
02/11/07
Secure tenancy— Claim for possession — Offence committed by the prospective tenant prior to taking up tenancy — Conviction after taking up tenancy — Whether offence committed prior to taking up tenancy sufficient ground to make possession order — Housing Act 1988, s 7, Sch 2, ground 14, as amended by the Housing Act 1996, s 148
Raglan Housing Association Ltd v Alex Patrick Fairclough
[2007] WLR (D) 285
01/11/07
Restrictive covenants — Variation — Planning permission granted to convert single dwelling house into flats — Application to vary restrictive covenants — Factors to be considered in exercise of court’s discretion — Housing Act 1985, s 610
Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949
[2007] WLR (D) 250
10/10/07
Assured tenancy — Order for possession — Execution of order for possession suspended — Whether tenancy terminated — Whether occupant remaining as “tolerated trespasser” — Housing Act 1985, s 82(2) — Housing Act 1988, s 5(1)
Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404
[2007] WLR (D) 115
02/05/07
Secure tenancy — Claim for possession — Order for possession suspended on condition tenant complying with terms of tenancy — Tenant continuing in occupation as tolerated trespasser — Landlord issuing new proceedings for possession on basis that occupation no longer tolerated — Whether issue of new proceedings permissible — Whether warrant exercisable under the original order for possession — Housing Act 1985, ss 82(2), 85(2).
London & Quadrant Housing
Trust v Ansell
[2007] WLR (D) 95
19/04/07
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| HUMAN RIGHTS |
Jurisdiction — Compatibility — Rule of law of member state — Decision of European Court of Human Rights — Circumstances in which Court of Appeal bound to follow decision of European court
Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22
[2008] WLR (D) 22
29/01/08
Right to life — Test for breach of right to life —Compulsorily detained mental patient leaving hospital and committing suicide — Whether hospital trust liable for breach of deceased’s right to life — Proper test to establish breach of right to life — Human Rights Act 1998, Sch 1, Pt I, art 2
Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) [2007] EWCA Civ 1375 [2007] WLR (D) 342
[2007] WLR (D) 342
20/12/07
Statutory provision — Declaration of incompatibility — Whether statute to be read compatibly with Human Rights Convention — Care Standards Act 2000, s 82(4)
R (Wright and ors) v Secretary of State for Health and anor [2007] EWCA Civ 999
- [2008] 2 WLR 536
24/10/07
Right to life — State’s procedural duty to investigate attempted suicide — Prisoner at young offender institution attempting suicide — Secretary of State refusing to hold enhanced public investigation into attempted suicide — Nature and scope of procedural duty — Whether threshold met — Human Rights Act 1998, Sch 1, Pt I, art 2
R (JL (by the Official Solicitor as litigation friend)) v Secretary of State for the Home Department [2007] EWCA Civ 767
[2007] WLR (D) 236
24/07/07
Right to freedom of thought, conscience and religion — Policy of slaughter for cattle testing positive for bovine tuberculosis — Whether to be applied to sacred bullock of Hindu temple — Human Rights Act 1998, Sch 1, Pt I, art 9 — Council Directive 77/391/EEC
R (Swami Suryananda, representing the Community of the Many Names of God) v Welsh Ministers
[2007] WLR (D) 211
23/07/07
Right to peaceful enjoyment of possessions — Disability premium — Cessation of payments on ground homeless claimant “without accommodation” — Whether Convention right to peaceful possessions engaged — Whether unlawful discrimination on ground relating to status — Human Rights Act 1998, Sch 1, Pt I, art 14, Pt II, art 1
R (RJM) v Secretary of State for Work and Pensions [2007] EWCA Civ 614
[2007] WLR(D) 180
28/06/07
Right to marry — Interference with — Persons subject to immigration control — Requirement of written permission from Secretary of State to marry — Whether breach of right to marry — Whether discrimination on grounds of religion or nationality — Human Rights Act 1998 ( c 42), Sch 1, Pt 1, arts 12, 14 — Asylum and Immigration (Treatment of Claimants etc ) Act 2004 (c19), s 19 — Immigration(Procedure for Marriage) Regulations 2005 (SI 2005/15), regs 7,8
R (Baia and another) v Secretary of State for the Home Department; R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants, intervening); R (Baia and another) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants, intervening)
- [2008] QB 143
23/05/07
Right to liberty — Suspected terrorist — Secretary of State making non-derogating control order — Whether obligations imposed amounting to deprivation of liberty — Whether compliance with Secretary of State’s duty to keep prosecution of subject under review condition precedent to renewal of order — Human Rights Act 1998, Sch 1, Pt I, art 5 — Terrorism Act 2005, ss 2, 8(2)
Secretary of State for the Home Department v E [2007] EWCA Civ 459
- [2008] AC 499
17/05/07
Right to life — Witness protection — Witness in imminent criminal prosecution seeking protection following threats from accused — Police taking no steps to protect witness — Witness murdered by accused before trial — Whether positive obligation on police to protect witness — Whether police in breach of obligation — Quantum of damages — Human Rights Act 1998, Sch 1, Pt I, art 2
Van Colle and another v Chief Constable of the Hertfordshire Police [2007] EWCA Civ 325
[2007] WLR (D) 98
24/04/07
Right to enjoyment of possessions — Medical practitioner — GP unlawfully deprived of right to practise within National Health Service — Whether future income capable of being “possession” — Whether inclusion on list of authorised practitioners capable of being “possession” — Human Rights Act 1998 (C 42), s6, sch 1, Pt II, art 1 — National Health Service (Performers Lists) Regulations 2004 (SI No 2004/585)
R (Malik) v Waltham Forest NHS Primary Health Care Trust (Secretary of State for Health interested party)
- [2008] 1 WLR 17
28/03/07
Public authority — Functions of public nature — Local authority under duty to provide accommodation for claimants — Local authority arranging for accommodation to be provided by private care home — Whether private care home exercising functions of public nature in providing accommodation — Whether transfer of local authority care home to private organisation unlawfully depriving residents of Convention rights — National Assistance Act 1948, ss 21, 26 — Human Rights Act 1998, s 6(3)(b), Sch 1, Pt I, arts 3, 8
R (Johnson and others) v Havering London Borough Council; YL v Birmingham City Council and others [2007] EWCA Civ 26
- [2008] QBD 1
30/01/07
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| HUSBAND
AND WIFE |
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| IMMIGRATION |
Asylum — Illegal entrant — Claimant arriving in United Kingdom on false papers and using two identities — Tribunal refusing claimant asylum partly on ground that his credibility damaged — Construction of statute — Whether tribunal’s assessment of credibility restricted by statute — Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 8(1)
JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260
[2008] WLR (D) 260
28/07/08
Appeal — Removal — Secretary of State ordering expulsion of EEA national on grounds of public policy — Claimant with right to reside having committed robberies — Immigration tribunal and judge on reconsideration not assessing seriousness of propensity to commit robberies— Whether Court of Appeal having jurisdiction to pursue point of general importance not raised below— Whether threatened future criminal conduct sufficiently serious threat to society to justify expulsion — Immigration (European Economic Area) Regulations 2006 (SI No 1003 of 2006), reg 21 — Citizens Directive 2004/38/EEC (OJ 29/06/2004 L229, p35)
Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238
[2008] WLR (D) 238
11/07/08
Limited leave to enter — Application to extend stay — Students wishing to changes courses or re-sit examinations —- Tribunal finding students confined to course for which leave granted and making passing of examination requirement of any extension — Whether rules confining student to single course of study — Whether failure of examinations negating satisfactory progress — Immigration Rules (HC 395), r 60
GO and others v Secretary of State for the Home Department [2008] EWCA Civ 747; [2008] WLR (D) 225
[2008] WLR (D) 225
01/07/08
Asylum — Internal relocation — Claimant seeking protection in United Kingdom on humanitarian grounds — Claimant having been subjected to harsh and degrading treatment in country of origin — Relocation in country of origin inadequate to protect claimant — Tribunal failing to consider claimant’s particular case — Whether claimant entitled to humanitarian protection — Refugee Or Person In Need Of International Protection (Qualification) Regulations 2006 (SI 2006/2525)
AA (Uganda) v Secretary of State for the Home Office [2008] EWCA Civ 579; [2008] WLR (D) 170
[2008] WLR (D) 170
22/05/08
Asylum — Political opinion — Iranian soldier deserting following order to lay land mines during peacetime — Whether action so ordered constituting gross violation of human rights and atrocity
BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159
[2008] WLR (D) 159
20/05/08
Asylum — Illegal entrant — Claimant entering United Kingdom illegally and claiming asylum having previously made claim in Greece —Immigration Service proposing to return claimant to Greece — Statutory deeming provision preventing Home Secretary from considering whether claimant’s return would contravene Convention rights — Whether provision incompatible with Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Asylum and Immigration (Treatment of Claimants etc) Act 2004, Sch 3, Pt 2, para 3(2)
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464
[2008] WLR (D) 150
14/05/08
Appeal — Leave to enter and remain — Application to remain as postgraduate doctor under rules favourable to applicant — Change in immigration rules after date of application restricting scope of applications — Secretary of State considering and refusing application under new rules — Whether new rules having retrospective effect — Whether decision lawful – Statement of Changes in Immigration Rules 2006 (HC 1016)
MO (Nigeria) v Secretary of State for Home Office
[2008] WLR (D) 107
10/04/08
Deportation — Conducive to public good — Deportation orders made by Secretary of State on ground of national security — Appeal to Special Immigration Appeals Commission —Whether real risk of torture on return — Whether assurances by receiving state sufficient to ensure safety on return — Human Rights 1998, Sch 1, Pt I, art 3
AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104
[2008] WLR (D) 104
09/04/08
Deportation — Conducive to public good — Deportation order made by Secretary of State on ground of national security — Appeal to Special Immigration Appeals Commission — Whether risk of unfair trial on return in breach of Convention right — Application of test of flagrant denial of justice to risk of torture — Human Rights 1998, Sch 1, Pt I, art 6
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290
[2008] WLR (D) 103
09/04/08
Appeal — Entry clearance — Claimants refused entry clearance — Appeal taking some time to be heard — Claimants in meantime suffering changed circumstances — Whether appeal tribunal able to consider circumstances arising after date of refusal — Whether consideration confined to circumstances appertaining at time of decision to refuse entry — Nationality, Asylum and Immigration Act 2002, ss 82(1), 85(4)(5)
AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149
WLR (D) 67
29/02/08
Asylum — Appeal — Statutory review or judicial review — Direction that judicial review hearing take place before statutory review — Listing mistake resulting in final determination under statutory review — Whether judicial review appropriate — Whether court to set aside final determination — Nationality, Immigration and Asylum Act 2002 , s 103A (as inserted by section 26(6) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004)
R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party [2008] EWCA Civ 100
WLR (D) 57
Refusal of entry — Mother or grandmother — Applicant separated from husband and seeking admission to UK as dependent mother over 65 of man present and settled in UK — Whether applicant’s position to be treated analogous to that of widow — Immigration Rules (HC 251), para 317(i)
MB (Somalia) v Entry Clearance Officer: 20 February 2008 [2008] EWCA Civ 108
[2008] WLR (D) 54
20/02/08
European Union citizen — Other family members — Right of European Union citizen to move to United Kingdom — Duty to facilitate entry and residence of dependant or member of household of citizen “in country from which they have come”to member state to which citizen had moved — Whether applicable only to other family members who had been dependant or member of household in EEA state from which citizen had moved — Council Regulation (EEC) No 1612/68, art 10(2) — Parliament and Council Directive 2004/38/EC, art 3(2)(a)
KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same [2008] EWCA Civ 13
[2008] WLR (D) 11
25/01/08
Refusal of entry — Child — Child seeking to join mother settled in UK — Mother having no earned income and living on state benefits — Mother’s friends offering to contribute to child’s support in UK — Whether entry requirement of adequate maintenance satisfied — Immigration Rules (HC 395), r 297(v)
MW (Liberia) v Secretary of State for the Home Department: [2007] EWCA Civ 1376
- [2008] 1 WLR 1068
20/12/07
Appeal — Removal — Claimant overstayed visitor’s visa and joined by children —Application for permission to remain after marriage to British citizen refused after delay — Whether failure to take into account Home Office policy — Whether removal proportionate — Whether impact of removal on spouse relevant consideration — Human Rights Act 1998, Sch 1, Pt I, art 8
AB (Jamaica) v Secretary of State for the Home Department [2007] EWCA Civ 1302
[2007] WLR (D) 328
06/12/07
Asylum — Appeal — Extent to which decision-maker bound by previous findings of fact in case involving different claimant
AA (Somalia) v Secretary of State for the Home Department; AH (Iran) v Same [2007] EWCA Civ 1040
[2007] WLR (D) 277
25/10/07
Deportation — Detention pending removal — Claim for asylum refused — Exceptional leave to remain granted — Claimant convicted of serious crime — Home Secretary making deportation order and order for detention pending removal — Claimant detained after otherwise entitled to release from prison but refusing to return voluntarily — Lack of carrier for enforced returners — High risk of claimant absconding and re-offending if not detained — Whether claimant’s reasons for not wishing to return relevant — Whether lengthy period of detention pending removal lawful — Immigration Act 1971, s 3(5)(a)
R(A) v Secretary of State for the Home Department
[2007] WLR (D) 230
30/07/07
Deportation — Conductive to public good — Deportation orders made by Secretary of State on ground of national security —Whether real risk of torture on return —Whether consideration of closed material to determine risk unlawful — Whether status of refugee capable of being lost as result of act committed after recognition — Human Rights Act 1998, Sch 1, Pt I, art 3 — Convention and Protocol relating to the Status of Refugees (1951), art 1F(c)
MT (Algeria) and others v Secretary of State for the Home Department (Liberty intervening) [2007] EWCA Civ 808
- [2008] 2 WLR 159
30/07/07
Asylum — Deportation — Secretary of State notifying claimants of decision to deport following rejection of claims for asylum and exceptional leave to remain — Claimants’ legal advisers failing to apply for judicial review of deportation decisions until removal imminent — Practice to be followed
R (Madan) v Secretary of State for the Home Department:
R (Kapoor) v Secretary of State for the Home Department [2007] EWCA Civ 770
[2007] WLR (D) 216
25/07/07
Asylum and Immigration Tribunal — Judicial review — Tribunal immigration judge dismissing claimant’s appeal from Secretary of State’s refusal of asylum — Tribunal senior immigration judge refusing claimant’s application for permission to appeal — Claimant applying for judicial review of tribunal’s decision — Whether judicial review available — Nationality, Immigration and Asylum Act 2002, s 103A (as inserted by Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 26(6))
R (F (Mongolia)) v Secretary of State for the Home Department [2007] EWCA Civ 769
[2007] WLR (D) 215
25/07/07
Leave to enter — Indefinite leave to remain as victim of domestic violence — Refusal of leave to spouse seeking leave before expiration of probationary period — Refusal based on spouse’s failure to provide evidence specified by Immigration Directorate Instructions — Whether instructions to be applied inflexibly — Immigration Rules HC 395, para 289A(iv)
Ishtiaq v Secretary of State for the Home Department
[2007] WLR (D) 107
26/04/07
Appeal from Asylum and Immigration Tribunal — AIT granting permission to appeal — Subsequent application for extension of time for filing of appellant’s notice — Guidance
BR (Iran) v Secretary of State for the Home Department; MD (Iran) v Same [2007] EWCA Civ 198
[2007] WLR (D) 68
13/03/07
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| INDUSTRIAL AND PROVIDENT SOCIETIES |
Transfer of engagements between societies — Contract — Transferee society seeking to claim for breach of building contract entered into by transferor society — Contract prohibiting assignment without consent — Whether transfer overriding contractual prohibition — Industrial and Provident Societies Act 1965, s 51(1)
Stansell Ltd and another v Co-operative Group (CWS) Ltd [2006] EWCA Civ 538
[2006] WLR (D) 120
09/05/06
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| INDUSTRIAL RELATIONS |
Employment Appeal Tribunal — Procedure — Employment tribunal issuing certificate of correction substantially changing originally promulgated decision — Employment Appeal Tribunal reinstating original decision and remitting to tribunal without direction — Whether certificate of correction exceeding slip rule embargo — Whether Employment Appeal Tribunal's decision error of law — The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, sch 1, para 37(1)
Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134
[2008] WLR (D) 134
30/04/08
Employment tribunals — Striking out proceedings — Protected disclosures — Whistleblower alleging unfair dismissal — Employer’s pre-trial application for deposit and striking out — Whether apparent bias by tribunal — Whether order properly made before determination of factual disputes — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), Sch 1, rr 18, 20
Ezsias v North Glamorgan National Health Trust
[2007] WLR (D) 55
7/02/07
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| INJUNCTION |
Jurisdiction to grant — Restraint of foreign proceedings — Claimant obtaining High Court damages award in England against foreign companies — Judgment debtors issuing proceedings in Yemen seeking to avoid liability under English judgment — Judgment creditor seeking anti-suit injunction — Whether necessary to establish separate cause of action — Whether jurisdiction to grant injunction
Masri v Consolidated Contractors International Co SAL and another (No 3) [2008] EWCA Civ 625
[2008] WLR (D) 184
06/06/08
Anti-suit injunction restraining parallel proceedings outside jurisdiction — Jurisdiction over individual contracts of employment — Whether proceedings “in matters relating to individual contracts of employment”— Whether “employer” bringing proceedings — Council Regulation (EC) 44/2201, s 5, arts 18, 20, 21
Samengo-Turner and others v J & H Marsh & McLennan (Services) Ltd and others [2007] EWCA Civ 723
- [2008] ICR 18
12/07/07
Interlocutory — Comparative advertising — Trade mark infringement — Claimant seeking injunction to restrain defendant from publication in advertising of test results of defendant’s product — Whether injunction curtailing freedom of expression — Whether to be granted — Human Rights Act 1998, s 12(3)
Boehringer Ingelheim Ltd and ors v Vetplus Ltd [2007] EWCA Civ 584
[2007] WLR(D) 169
20/06/07
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Liability insurance — Notification requirements — Insured failing to comply with notification requirements — Insurer initially dealing with claim before rejecting it — Whether insurer discharged from liability in respect of claim — Whether doctrine of election applying — Whether insurer’s initial conduct constituting election to waive insured’s failure and accept claim
Kosmar Villa Holidays plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147; WLR (D) 71
WLR (D) 71
29/02/08
Reinsurance — Construction — Same or equivalent wording in reinsurance and underlying insurance — Whether having same meaning in both contracts
Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69
WLR (D) 69
29/02/08
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Court of Appeal decision — How far binding — Decision of Court of Appeal inconsistent with subsequent decision of European Patent Office Board of Appeal — Whether Court of Appeal to follow earlier Court of Appeal decision — Whether matter to be referred to House of Lords — Whether Court of Appeal entitled to depart from ratio decidendi of its own earlier decision
Actavis UK Ltd v Merck & Co Inc [2008] EWCA Civ 444; [2008] WLR (D) 168
[2008] WLR (D) 168
21/05/08
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| JUDICIAL REVIEW |
Public authority — Legitimate expectation — Ex gratia scheme to compensate victims of miscarriages of justice — Withdrawal of scheme without consultation or prior notice — Statutory scheme continuing with reduced level of legal costs — Solicitors specialising in miscarriage of justice compensation cases and victims with claims not yet submitted seeking judicial review — Whether legitimate expectation of consultation prior to change of policy — Whether withdrawal of scheme and reduction in fees without notice unfair
R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755
[2008] WLR (D) 233
09/07/08
Ex gratia compensation scheme — Scope of scheme — Minister’s policy statement introducing scheme to compensate those detained in custody following wrongful conviction or charge — Whether applicable to detention pursuant to failed extradition proceedings — Appropriate test in interpreting ministerial policy statements
R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72
[2008] WLR (D) 49
14/02/08
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