| In
this section: DAMAGES | DATA PROTECTION | DEFAMATION | DEVOLUTION | DISCRIMINATION | EDUCATION
| EMPLOYMENT | ENVIRONMENT | EUROPEAN COMMUNITY | EUROPEAN COMMUNITY LAW | EVIDENCE
| EXTRADITION | FAIR TRADING | GRENADA | HIGHWAY | HOUSING | HOUSE OF LORDS | HUMAN RIGHTS | HUSBAND
& WIFE | IMMIGRATION | INJUNCTION | INSOLVENCY | INTERNATIONAL LAW |
| |
| DAMAGES |
Measure of Damages — Time charter — Late redelivery — Whether charterers liable for damages for owners' loss of profit on subsequent fixture
Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48
[2008] WLR (D) 232
09/07/08
Exemplary —Misfeasance in public office — Whether exemplary damages recoverable without proof of material damage
Watkins v Secretary of State for the Home Department and others [2006] UKHL 17
- [2006] 2 AC 395; [2006] 2 WLR 807
29/03/06
|
| DATA PROTECTION |
Personal data — Access request — Request to health board for information on incidences of childhood leukaemia — Health board refusing on ground of risk of identification of living individuals— Commissioner ordering release of information in perturbed form — Whether Commissioner entitled to make order — Freedom of Information (Scotland) Act 2002 (asp 13), ss 1, 2, 38— Data Protection Act 1998 (c 29), ss 1(1), 2, 4
Common Services Agency v Scottish Information Commissioner [2008] UKHL 47
[2008] WLR (D) 231
09/07/08
|
| DEFAMATION |
Pleadings — Presumption of damage — Libel claim by foreign corporation — Whether common law presumption of damage compatible with publisher’s right to freedom of expression — Whether corporation required to prove special damage — Human Rights Act 1998, Sch 1, Pt I, art 10
Privilege — Qualified — Newspaper publication concerning alleged monitoring by Saudi Arabia of bank accounts of prominent businessmen to prevent transfer of funds to terrorist organisations — Businessman and his trading company named — Form of pleadings required for defence — Whether qualified privilege attaching to publication
Jameel and another v Wall Street Journal Europe Sprl [2006] UKHL 44
- [2007] Bus LR 291; [2006] 3 WLR 642
11/10/06
|
|
Scotland — Human rights — Right to fair hearing within reasonable time — Unreasonable delay between charge and trial — Whether charges to be dismissed — Scotland Act 1998 (c 46), s 57(2), Sch 6
Spiers (Procurator Fiscal) v Ruddy [2007] UKPC D2
- [2008] 2 WLR 608
12/12/07
Scotland — Human rights — Claim alleging breach of Convention right by prison governor — Whether act of governor act of member of Scottish Executive — Whether claim against member of Scottish Executive for breach of Convention right subject to Human Rights Act time-bar — Public interest immunity claim — Whether necessary for court to examine redacted documents — Human Rights Act 1998, ss 6(1), 7(5), Sch 1, Pt I, art 8 — Scotland Act 1998, ss 54(3), 57(2), 100, 129(2)
Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)
[2007] WLR (D) 273
17/10/07
|
| DISCRIMINATION |
Disability — Housing — Landlord seeking possession against disabled tenant on ground of unlawful subletting — Whether unlawful discrimination — Disability Discrimination Act 1995, ss 22(3), 24(1)
Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205
[2008] WLR (D) 205
25/06/08
Race — Selection of local election candidate — Complaint of race discrimination — Whether to be heard by employment tribunal or county court —Race Relations Act 1976, ss 12, 25
Watt (formerly Carter) v Ahsan
- [2008] 2 WLR 17
21/11/07
Employment — Sex — Majority of female school catering staff settling equal pay claims — Employers’ letter to all staff claiming that success of claims by minority likely to result in substantial reduction of meals service — Complaints by minority of victimisation — Whether less favourable treatment by reason of pursuing equal pay claims — Sex Discrimination Act 1975, ss 4(1)(a), 6(2)(b)
Derbyshire and others v St Helens Metropolitan Borough Council (Equal Opportunities Commission and others intervening) [2007] UKHL 16
[2007] WLR (D) 105
25/04/07
Sex — Employment — Employees over 65 at time of dismissal — Applications for redundancy payments and complaints of unfair dismissal precluded by domestic legislation — More men than women in employment after age 65 — Whether legislation discriminating against men — Employment Rights Act 1996, ss 109(1)(b), 156(1)(b) — EC Treaty, art 141 — Council Directive 97/80/EC, art 2
Secretary of State for Trade and Industry v Rutherford (No 2);
Same v Bentley [2006] UKHL 19
[2006] WLR (D) 112
3/05/06
Sex — Equal pay — Transfer of undertaking — When time limit for bringing claim in employment tribunal starts to run — Equal Pay Act 1970, s 2(4)
Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3)
Fletcher and others v Midland Bank plc and others (No 3)
[2006] WLR (D) 64
8/03/06
|
| EDUCATION | School — Exclusion — Pupil excluded from school while criminal charg pending — Failure to consider readmission or permanent exclusion when criminal charges discontinued — Whether breach of Convention right to education — Human Rights Act 1998, Sch 1, Pt II, art 2
A v Head Teacher and Governors of Lord Grey School [2006] UKHL 14
- [2006] 2 AC 363; [2006] 2 WLR 690
22/03/06
School — Exclusion — School insisting that pupils wear school uniform — Refusal to allow pupil to attend school wearing strict Muslim dress — Whether limitation on right to manifest religion — Whether breach of right to education — Human Rights Act 1998, Sch 1, Pt I, art 9, Sch 1, Pt II, art 2
R (SB) v Head Teacher and Governors of Denbigh High School [2006] UKHL 15
- [2006] 2 WLR 719
22/03/06
|
| EMPLOYMENT | Transfer of undertaking — Applicants seconded by transferor to work for transferee's business — Applicants later becoming employees of transferee — Whether change of employer “by reason of” transfer of undertaking — Council Directive 77/187/EEC, art 3(1)
North Wales Training and Enterprise Council Ltd (t/a Celtec) v Astley and others
[2006] WLR (D) 160
21/06/06
Contract of employment — Part-time worker — Retained fire fighters claiming less favourable treatment than whole-time fire fighters — Whether same type of contract — Whether engaged in same or broadly similar work — Part-time workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), regs 2(3)(4), 5
Matthews v Kent and Medway Towns Fire Authority and others [2006] UKHL 8
[2006] WLR (D) 55
1/03/06
Contract
of employment— Church minister— Whether relationship with church constituting
"employment" for purposes of sex discrimination claim— Whether
claim relating to "matters spiritual"— Whether employment tribunal
having jurisdiction to determine claim
Percy
v Church of Scotland Board of National Mission
- [2006] 2 AC 28
15/12/05
|
|
Protection — Waste disposal — Whether permit requirement for waste disposal extending to sites carrying out treatment prior to disposal elsewhere — Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000/1973), reg 9, Sch 1, s 5.3(c)
United Utilities Water plc v Environment Agency for England and Wales [2007] UKHL 41
[2007] WLR (D) 257
17/10/07
Protection — Contaminated land — Contamination of land by operation of gasworks — Contamination caused or knowingly permitted by claimant's statutory predecessors — Whether claimant as successor in title liable for remediation of contaminated land — Whether “appropriate person” — Environmental Protection Act 1990, s 78F (as inserted by Environment Act 1995, s 57)
R (National Grid Gas plc) v Environment Agency
[2007] WLR(D) 176
27/06/07
|
|
Freedom of Movement — Goods and services — Statute prohibiting hunting of wild mammals with dogs — Restriction imposed to prevent or reduce suffering to wild mammals — Whether having effect of quantitative restrictions on imports and on interstate trade in services — Whether restriction lawful and proportionate — Hunting Act 2004 ( c 37) — EC Treaty, arts 28 EC, 49 EC
Human rights — Statutory provision — Compatibility — Right to respect for private and family life and home — Right to freedom of assembly — Right to enjoyment of possessions — Statute prohibiting hunting of wild mammals with dogs — Restriction imposed to prevent or reduce suffering to wild mammals — Whether restriction in fringing Convention rights of hunters — Whether restriction justified and proportionate — Human Rights Act 1998 ( c 42), Sch 1, Pt I, arts 8, 11 and 14, Pt II, art 1 — Hunting Act 2004
R (Countryside Alliance and others) v Attorney General and another; R (Derwin and other) v Same: [2007] UKHL 52
[2007] WLR (D) 312
28/11/07
|
| EUROPEAN
COMMUNITY LAW | Breach of
Community law — Remedy — Alleged contravention of Community law in UK
tax rules on group loss relief — Whether statutory procedure for determination
of tax disputes to be followed
Autologic
Holdings plc and others v Inland Revenue Commissioners
- [2006] 1 AC 118;
[2005] 3 WLR 339
28/07/05
| | EVIDENCE | Privilege — “Without prejudice” correspondence — Debtor’s letters referring to “the outstanding balance” and “the outstanding amount” — Not marked “without prejudice” — Whether admissible as acknowledgments of debt
Bradford & Bingley plc v Rashid [2006] UKHL 37 -
[2006] 1 WLR 2066
12/07/06
|
| EXTRADITION | Extradition offence — Jurisdiction — Defendant charged in USA with offences of price fixing and obstructing US investigators — Whether extradition offences — Extradition Act 2003, s 137(2)
Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81
- [2008] 2 WLR 673
12/03/08
European arrest warrant — Validity — Aggregate sentence of more than four months — Sentences attributable to individual offences not ascertainable — Extradition Act 2003 (as modified by Extradition Act 2003 (Multiple Offences) Order 2003, art 2(2), Sch, para 1(1)), ss 2(6)(e), 10(2), 65(3)
Pilecki v Circuit Court of Legnica, Poland [2008] UKHL 7; [2008] WLR (D) 34
- [2008] 1 WLR 325
06/02/08
Habeas corpus — Jurisdiction — European arrest warrant — Extradition order made against applicant — Subsequent alleged fundamental change of circumstances — Whether habeas corpus appropriate —Whether excluded by statutory provisions — Extradition Act 2003, s 34
Hilali v Governor of Whitemoor Prison and another [2008] UKHL 3; [2008] WLR (D) 18
[2008] WLR (D) 18
30/01/08
Extradition offence — European framework list offence — Defendant subject to European arrest warrant for alleged offence — Warrant indicating defendant’s conduct falling within European framework offence list — Whether warrant and certificate to be separate documents — Extradition Act 2003, s 64
Dabas v High Court of Justice in Madrid, Spain [2007] UKHL 6
- [2007] 2 WLR 254
28/02/07
Extradition
offence — European framework list offence — Defendant convicted and
sentenced in absence in Belgium — Some acts forming part of alleged offences
taking place in United Kingdom — Whether "conduct" constituting
extradition offences — Extradition Act 2003, s 65
Office
of King's Prosecutor, Brussels v Cando Armas and another [2005] UKHL 67
- [2006] 2 AC 1; [2005] 3 WLR 1079
17/11/05
|
|
Consumer credit — Credit card — Card transactions entered into abroad — Claim by cardholder for misrepresentation or breach of contract by supplier — Whether statutory remedy available against card issuer where transaction entered into abroad — Consumer Credit Act 1974, s 75
Office of Fair Trading v Lloyds TSB Bank plc and others [2007] UKHL 48
- [2008] AC 316
31/10/07
|
| GRENADA |
Constitution — Misbehaviour in public office — Removal of Director of Audit for misbehaviour — Whether writing of intemperate and abusive letter to Finance Minister amounting to unbecoming conduct justifying removal for misbehaviour — Grenada Constitution Order 1973, Sch 1, s 87(6)
Lawrence v Attorney General of Grenada [2007] UKPC 18
[2007] WLR (D) 76
26/03/07
|
| HIGHWAY |
Right of way — Dedication — “Sufficient evidence” of intention not to dedicate — Whether overt acts coming to attention of users of way required — Whether sufficient if intention manifested at some point during 20-year period — Highways Act 1980, s 31
R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs; R (Drain) v Same (Yattendon Estates Ltd intervening) (consolidated appeals) [2007] UKHL 28
- [2008] AC 221
20/06/07
|
| HOUSING |
Secure tenancy — Death of tenant — Local authority’s grant of periodic tenancy to husband and wife as joint tenants — Wife sole tenant by survivorship following husband’s death and becoming secure tenant after statutory enactment of secure tenancies — Whether wife successor to secure tenancy — Whether son entitled to succeed — Housing Act 1985, s 88(1) (as amended by Housing Act 1996, s 141(1), Sch 14, para 1)
Birmingham City Council v Walker: [2007] UKHL 22
[2007] WLR (D) 129
16/05/07
Secure tenancy — Homeless persons — Local authority short life housing leased to housing trust to accommodate homeless persons to whom no statutory duty owed — Local authority terminating housing trust’s lease and seeking possession against occupiers — Whether occupiers becoming secure local authority tenants on termination of housing trust’s lease — Whether local authority infringing occupiers’ human rights by seeking orders for possession — Human Rights Act 1998, Sch 1, Pt 1, art 8
Kay v Lambeth London Borough Council; Leeds City Council v Price [2006] UKHL 10 - [2006] 2 AC 465; [2006] 2 WLR 570
08/03/06
|
| HOUSE OF LORDS |
Practice — Appearance of counsel — Duty of counsel appearing before House of Lords
Practice Statement (House of Lords: Appearance of Counsel); [2008] WLR (D) 175
[2008] WLR (D) 175
22/05/08
Practice — Disclosure of draft speeches — Practice of disclosing draft speeches to counsel prior to delivery of judgment —Purpose of disclosure to correct misprints, errors of fact of ambiguities — Attempt to reargue case abuse of procedure
R (Edwards) v Environment Agency; [2008] WLR (D) 119
[2008] WLR (D) 119
16/04/08
Appeal to — Academic point of law — Repeal of statute making appeal no longer on a point of general public importance — Whether House of Lords to hear appeal
R (Bushell and others) v Newcastle upon Tyne Licensing Justices and another [2006] UKHL 7 - [2006] 1 WLR 496
15/02/06
|
| HUMAN
RIGHTS |
Right to life — State’s duty to investigate death — Servicemen killed in Iraq during invasion by United Kingdom forces — Whether Convention obligation to protect right to life requiring independent inquiry into decision as to lawfulness of invasion of Iraq — Human Rights Act 1998, Sch 1, Pt I, art 2
R (Gentle and another) v Prime Minister and others [2008] UKHL 20; [2008] WLR (D) 100
- [2008] 2 WLR 879
09/04/08
Right to liberty — Detention of suspected terrorist — Suspect detained by British forces in Iraq acting under United Nations Resolution — Whether lawful when contrary to Human Rights Convention — Human Rights Act 1998, Sch 1, Pt I, art 5(1) — United Nations Charter, arts 25, 103
R (Al-Jedda) v Secretary of State for Defence (JUSTICE and another intervening) [2007] UKHL 58
- [2008] 2 WLR 31
12/12/07
Right to fair trial — Suspected international terrorists — Secretary of State issuing non-derogating control orders — Court hearing to consider whether Secretary of State’s orders flawed — Justification for order contained in closed material — Essence of closed material not disclosed to suspected terrorists — Whether statutory provisions for supervision by court compatible with right to fair hearing — Human Rights Act 1998 ( c 42), Sch 1, Pt 1, art 6 — Prevention of Terrorism Act 2005 ( c 2), s 3 , Sch 1, para 4
Right to fair trial — Suspected international terrorists — Secretary of State issuing non-derogating control order — Suspected terrorist required to remain within specified residence 14 hours a day and otherwise confined to small urban area — Prohibition on contact with other persons unless prior authorisation — Whether obligations amounting to deprivation of liberty — Human Rights Act 1998 ( c 42), Sch 1, Pt 1, art 5 — Prevention of Terrorism Act 2005 ( c 2), s 2 House of Lords
Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46
- [2008] AC 440
31/10/07
Right to liberty — Suspected terrorists — Secretary of State issuing non-derogating control orders — Suspected terrorists required to remain in specified residence 18 hours a day and otherwise to confined to small urban area — Prohibition on contact with other persons without prior authorisation — Whether obligations amounting to unlawful deprivation of liberty — Whether, if so, orders to be quashed — Human Rights Act 1998, ( c 42), Sch 1, Pt 1, art 5 — Prevention of Terrorism Act 2005 ( c 2), ss 1, 2
Secretary of State for the Home Department v JJ and others [2007] UKHL 45
- [2008] AC 385
31/10/07
Right to Liberty — Suspected terrorist — Secretary of State making non-derogating order against respondent — Respondent required to remain at home during specified hours — Prohibition on meeting people without authorisation — Whether obligations imposed on respondent amounting to deprivation of liberty — Secretary of State becoming aware of material implicating respondent in terrorism-related offences — Failing to forward material to police and renewing control order — Whether breach of Secretary of State’s duty to keep prosecution of controlled person under review — Whether compliance with such duty condition precedent to renewal of order — Whether order to be quashed — Human Rights Act 1998 ( c 42), Sch 1, Pt I, art 5 — Prevention of Terrorism Act 2005 ( c 2), ss 2,8
Secretary of State for the Home Department v E and another [2007] UKHL 47
- [2008] AC 499
31/10/07
Public authority — Functions of public nature — Private care home seeking to remove local authority funded resident — Whether care home “public authority” exercising “functions of public nature” — National Assistance Act 1948, s 21(as amended by Local Government Act 1972, s 195, Sch 23; Children Act 1989, s 108(5), Sch 13; and National Health Service and Community Care Act 1990, s 42(1)) — Human Rights Act 1998, s 6(1)(3)(b)
YL v Birmingham City Council [2007] UKHL 27
- [2008] HL(E) 95
20/06/07
Jurisdiction — Actions of state agents abroad — Five Iraqi civilians killed by British troops during military operations in the field — Sixth dying in British military detention base allegedly after torture — Whether actions of soldiers within scope of Human Rights Convention — Whether actions of soldiers within scope of Human Rights Act 1998 — Whether breach of United Kingdom’s procedural duty to investigate deaths and torture — Human Rights Act 1998, ss 6(1), 7(1), Sch 1, Pt I, arts 2, 3 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 1
R (Al-Skeini and others) v Secretary of State for Defence (Aire Centre and 10 others intervening)
[2007] WLR (D) 162
13/06/07
Rights to freedom of expression and peaceful enjoyment of possessions — Interference with — Refusal of sex establishment licence — Applicant’s Convention rights not considered — Decision to refuse licence not itself violating rights — Whether should be quashed — Human Rights Act 1998, Sch 1, Pt I, art 10, Pt II, art 1
Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19
[2007] WLR (D) 141
25/04/07
Prohibition of discrimination — Family — Non-resident parent living with same-sex partner — Statutory method of calculation resulting in parent’s liability to pay higher child support contributions than if living with heterosexual partner — Whether discrimination
M v Secretary of State for Work and Pensions [2006] UKHL 11
- [2006] 2 AC 91; [2006] 2 WLR 637
8/03/06
Appeal to — Academic point of law — Repeal of statute making appeal no longer on a point of general public importance — Whether House of Lords to hear appeal
Right to fair
trial — Suspected international terrorists — Secretary of State issuing
certificates to detain under temporary emergency statutory provisions — Detention
on basis of reasonable suspicion — Alleged reliance on evidence of third
parties subject to torture in foreign state — Whether evidence admissible
— Anti-terrorism, Crime and Security Act 2001, ss 21, 23, 25 — Special
Immigration Appeals Commission (Procedure) Rules 2003 (SI 2003/1034), r 44(3)
— Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment (1990) (Cm 1775), art 15
A
and others v Secretary of State for the Home Department
(No 2) [2005] UKHL 71 - [2006] 2 AC 221; [2005] 3 WLR 1249
8/12/05
Inhuman
or degrading treatment — Refusal of asylum support to late claimant —
Whether support necessary to avoid breach of Convention right — Human Rights
Act 1998, Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002,
s 55(1)(5)
R
(Limbuela) v Secretary of State for the Home Department
R (Tesema) v Same
R
(Adam) v Same
- [2006] 1 AC 396; [2005] 3 WLR 1014
3/11/05
Right
to fair trial— Determination of civil rights and obligations— Child
Support Agency— Mother prohibited from bringing proceedings for maintenance
against absent father— Whether entitled to judicial review— Whether
civil rights engaged— Child Support Act 1991, s 8 (as amended by Social Security
Act 1998, Sch 7, para 22)— Human Rights Act 1998, Sch 1, Pt I, art 6(1)
R
(Kehoe) v Secretary of State for Work and Pensions [2005] UKHL 48
-
[2006] 1 AC 42;
[2005] 3 WLR 252
14/07/05
|
| HUSBAND
& WIFE | Financial provision — Means of parties — Wealthy husbands — Assessment of ancillary relief to wife — Matrimonial Causes Act 1973, ss 25, 25A (as amended by Matrimonial and Family Proceedings Act 1984, s 3)
Miller v Miller - [2006] 2 AC 618; [2006] 2 WLR 1283
24/05/06
Divorce
— Jurisdiction — Petitioner illegal overstayer in United Kingdom —
Whether petitioner "habitually resident" or "domiciled" in
England and Wales — Domicile and Matrimonial Proceedings Act 1973, s 5(2)
Mark v Mark
- [2006] 1 AC 98; [2005] 3 WLR 111
30/06/05
|
| IMMIGRATION | Asylum — Leave to enter and remain — Secretary of State introducing policy to grant indefinite leave to enter and remain to families with children and young adults — Claimants as parentless young adults refused such leave — Whether different treatment discriminatory — Whether policy justifiable — Human Rights Act 1998, Sch 1, Pt I, arts 8, 14
AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same [2008] UKHL 42; [2008] WLR (D) 213
[2008] WLR (D) 213
25/06/08
Appeal — Leave to enter and remain — Secretary of State refusing claimant’s application for indefinite leave to remain — Appeal to adjudicator on human rights grounds — Whether adjudicator’s assessment limited to effect on claimant alone — Human Rights Act 1998, Sch 1, Pt I, art 8 — Immigration and Asylum Act 1999, s 65
Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209
[2008] WLR (D) 209
25/06/08
Asylum — Determination of claim — Delay in decision-making process — Relevance — Human Rights Act 1998, Sch 1, Pt I, art 8
EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203
[2008] WLR (D) 203
25/06/08
Asylum — Refusal - Claimant required to return to home country to apply for entry clearance — Whether proportionate and appropriate — Right to respect for family life — Desirability of maintenance and enforcement of immigration control — Human Rights Act 1998, Sch 1, Pt I, art 8
Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202
[2008] WLR (D) 202
25/06/08
Asylum — Illegal entry or presence — Appellant arriving in United Kingdom and obtaining false documentation for onward travel to seek asylum elsewhere — Appellant attempting to leave United Kingdom by presenting false documents to airline for transport to preferred country of refuge — Appellant prosecuted for use of false documentation and dishonest attempt to obtain travel services from airline — Whether protected from prosecution — Immigration and Asylum Act 1999 ( c 33), s 31— Convention and Protocol relating to Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 31
R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165
[2008] WLR (D) 165
21/05/08
Limited leave to enter — Trainee doctor — Departmental guidance preventing NHS hospitals from offering training contracts to overseas trainees — Existing trainees with limited leave to enter unable to renew training posts and losing entitlement to stay — Whether guidance lawful
R (BAPIO Action Ltd) v Secretary of State for the Home Department and another [2008] UKHL 27; [2008] WLR (D) 133
- [2008] 2 WLR 1073
30/04/08
Asylum — Internal relocation — Claimant fleeing persecution seeking asylum in United Kingdom — Whether unreasonable to expect claimant to relocate to safe haven in own country — Test to be applied
AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening)
[2007] WLR (D) 299
14/11/07
Appeal — Leave to enter and remain — Secretary of State refusing claimants’ applications — Claimants having no right to enter and remain under Immigration Rules — Appeals to adjudicator on human rights grounds — Whether adjudicator’s assessment of proportionality limited to review of Secretary of State’s decision — Whether adjudicator himself deciding on merits whether decision proportionate — Human Rights Act 1998 , Sch 1, Pt 1,art 8 — Immigration and Asylum Act 1999, s 65
Huang v Secretary of State for the Home Department; Kashmiri v Same [2007] UKHL 11
[2007] WLR (D) 69
21/03/07
Asylum — Internal relocation — Claimant fleeing persecution in country of nationality and seeking asylum in United Kingdom — Availability of safe haven in country of nationality — State agents sanctioning or conniving in persecution — Whether unreasonable or unduly harsh to expect claimant to relocate to safe haven — Whether standard of human rights in safe haven relevant — Convention and Protocol relating to Status of Refugees (1951) and (1967) (Cmnd 3906), art 1A(2)
Januzi v Secretary of State for the Home Department;
Hamid v Secretary of State for the Home Department;
Gaafar v Secretary of State for the Home Department;
Mohammed v Secretary of State for the Home Department [2006] UKHL 5
- [2006] 2 AC 426
15/02/06
Asylum
— Refusal of asylum support — Asylum claimant granted temporary admission
— Secretary of State refusing support because claimant not "lawfully
present in United Kingdom"— Meaning of "lawfully present"
— Whether claimant eligible for support — Immigration Act 1971 ( c 77),
s 11(1), Sch 2, para 21 — Immigration and Asylum Act 1999 ( c 33) , s 115
— Social Security (Immigration and Asylum) Consequential Amendments Regulations
2000 (SI 2000/636), Sch, Pt 1, para 4
Szoma
v Secretary of State for Work and Pensions [2004] UKHL 64
-
[2006] 1 AC 564; [2005] 3 WLR 955
27/10/05
Illegal entrant — Temporary admission
"pending" removal — Whether removal no longer pending when continued
lack of safe route — Whether exceptional leave to enter to be granted —
Immigration Act 1971, Sch 2, paras 16, 21 — Nationality, Immigration and
Asylum Act 2002, s 67
R (Khadir) v Secretary of State for the Home Department - [2006] 1 AC 207; [2005] 3 WLR 1
16/06/05
|
| INJUNCTION |
Freezing order — Jurisdiction — Without notice application — Case for substantive relief not formulated — Whether order properly made — Freezing order set aside — Whether proper to order costs in favour of respondent on indemnity basis
Fourie v Le Roux and others [2007] UKHL 1
[2007] WLR (D) 5
24/01/07
|
| INSOLVENCY |
Winding up — Distribution of assets — Principal liquidation in Australia — Ancillary liquidation in England — Scheme for pari passu distribution of assets under Australian law different from English law — Whether English court should exercise discretion to direct remission of English assets to Australian liquidators — Insolvency Act 1986, s 426(4)(5)
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101
[2008] WLR (D) 101
09/04/08
Administration order — Debts or liabilities incurred by administrator — Insurance policy entered into by company — Claims handling rights transferred to insurer on subsequent appointment of administrators — Whether insurer’s claims-handling expenses having priority over company’s other debts — Insolvency Act 1986, s 19(5)
Freakley and others v Centre Reinsurance International Co and others
- [2006] 1 WLR 2863
11/10/06
|
| INTERNATIONAL LAW |
State immunity — Civil claims alleging torture — Alleged torture by state officials while in custody of foreign state — Whether state immunity applicable — State Immunity Act 1978, s 1 — Human Rights Act 1998, Sch 1, Pt I, art 6 — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (1990) (Cm 1775), arts 1, 14(1)
Jones v Ministry of the Interior of the Kingdom of Saudi Arabia and another (Secretary of State for Constitutional Affairs and others intervening)
Mitchell and others v Al-Dali and others [2006] UKHL 26
- [2006] 2 WLR 1424
14/06/06
|
|
