| In
this section: DAMAGES | DATA PROTECTION | DISCRIMINATION | EDUCATION | EMPLOYMENT | ESTOPPEL | EUROPEAN COMMUNITY | EXTRADITION | FAIR TRADING | FREEDOM OF INFORMATION | HEALTH AND SAFETY | HIGHWAY | HOUSING | HOUSE OF LORDS | HUMAN RIGHTS | HUSBAND
& WIFE | IMMIGRATION | INJUNCTION | INSOLVENCY |
| |
| 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] 3 WLR 345
09/07/08
|
| 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] 1 WLR 1550
09/07/08
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| DISCRIMINATION |
Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, ss 1(1)(a)(1A), 3 (as inserted and amended by Race Relations Act 1976 (Amendment) Regulations 2003 (SI 2003/1626), regs 3, 4 and amended by Race Relations Act 1976 (Amendment) Regulations 2008 (S.I. 2008/3008), reg 2)
R (E) v Governing Body of JFS and another (United Synagogue and others intervening); [2009] UKSC 15
[2009] WLR (D) 366
16/12/09
Disability — Impairment having substantial adverse effect — Whether “likely” to recur unless treatment continued — Whether test being“could well happen” — Disability Discrimination Act 1995, s 1(1), Sch 1, para 6(1)
Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) ; [2009] UKHL 37
[2009] WLR (D) 222
01/07/09
Political opinion — Employment — Northern Ireland — Prohibition against refusal of employment on grounds of political opinion — Exception where opinion including approval of use of violence for political ends connected with affairs of Northern Ireland — Whether exception extending to past opinions — Fair Employment and Treatment (Northern Ireland) Order 1998 (SI 1998/3162 (NI 21)) — —
McConkey v Simon Community Northern Ireland; [2009] UKHL 24
[2009] WLR (D) 161
20/05/09
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] 3 WLR 194
25/06/08
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| EDUCATION |
School — Exclusion — Severely disabled child with special educational needs — Local special school no longer able to cope with his behaviour — Parents asked to remove him from school pending assessment for new placement at residential school — New placement not secured until 18 months later — Child receiving virtually no education during intervening period — Whether arguable case of breach of child’s right to education — Whether time to be extended to allow claim to be brought — Human Rights Act 1998 (c 42), ss 6, 7, Sch 1, Pt II, art 2
A v Essex County Council; [2010] UKSC 33
[2010] WLR (D) 184
14/07/10
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| EMPLOYMENT |
Working time provisions — Paid annual leave — Employees absent from work through sickness — Whether entitled to paid annual leave during period of absence — Whether holiday pay recoverable as unlawful deduction from wages — Employment Rights Act 1996, ss 13, 23, 27(1)(a) — Working Time Regulations 1998 (SI 1998/1833) (as amended by Working Time (Amendment) Regulations 2001 (SI 2001/3256), reg 2), regs 13, 14, 16, 30
Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others); [2009] UKHL 31
[2009] WLR (D) 178
10/06/09
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| ESTOPPEL |
Conduct, by — Proprietary estoppel — Expectation of inheritance — Claimant working on deceased’s farm — Deceased making oblique assurances of intention to leave farm to plaintiff — Claimant continuing to work without remuneration for many years — Deceased dying intestate — Whether assurances constituting sufficiently clear representations to establish proprietary estoppel
Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111
25/03/09
Conduct, by — Proprietary estoppel — Oral agreement for redevelopment of property — Defendants’ unconscionable withdrawal — Whether proprietary estoppel or constructive trust in favour of claimant — Whether claimant entitled to quantum meruit — Law of Property (Miscellaneous Provisions) Act 1989, s 2(1)(5)
Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293
- [2008] 1 WLR 1752
30/07/08
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| EUROPEAN COMMUNITY |
Social security — Employee registration — Requirement for nationals from new member states of European Union seeking employment in United Kingdom to register under Home Office scheme — Failure to register for minimum period precluding right to claim welfare benefits — Whether scheme contrary to Community law as disproportionate — Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219), reg 7
Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D) 356
12/11/08
|
| EXTRADITION |
Compatibility with Convention rights — Right to respect for family life — Whether extraditee’s ill-health and family ties outweighing public interest in prevention of crime — Extradition Act 2003 (c 41), s 87(1)(3)
Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52
24/02/10
European arrest warrant — Validity — European arrest warrants issued by requesting state — Subsequent European arrest warrant issued in respect of same offences — Existence of earlier warrant not set out in new warrant — Whether rendering new warrant invalid — Extradition Act 2003, s 2(4)(b) — Council Framework Decision 2002/584/JHA, art 8(1)
Louca v Public Prosecutor, Bielefeld; [2009] UKSC 4
[2009] WLR (D) 337
19/11/09
“Unjust or oppressive” — Delay — Accused deliberately fleeing jurisdiction — Whether entitled to rely on passage of time since alleged offence — Extradition Act 2003, s 82
Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 119
29/04/09
Appeal — Jurisdiction — Notice of appeal against extradition order filed within permitted period but served outside it — Whether notice “given” on time — Whether court having power to extend time — Whether notice given after 4 pm deemed to be given the next day — Extradition Act 2003 ss 26(4), 103(9)
Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12
21/01/09
Extradition offence — European framework list offence — Italian court finding fugitive guilty in his absence of drugs offence and passing sentence — Judgment and sentence not enforceable until appeal process concluded — European arrest warrant stating that accused of offence — Whether accused or convicted — Extradition Act 2003, ss 2(3), 11(5)
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51
- [2008] 1 WLR 1724
30/07/08
Abuse of process — Plea bargain — Whether disparity between predicted consequences of accepting or of refusing plea bargain offer constituting undue pressure on defendant
McKinnon v Government of the United States of America [2008] UKHL 59
- [2008] 1 WLR 1739
30/07/08
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
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| FAIR TRADING |
Consumer credit — Agreement — Loan agreement providing for payment of broker administration fee — Fee deferred and interest payable on charge for credit during period allowed for repayment — Whether statutory prohibition on interest on charge for credit — Whether fee properly characterised as “credit” rather than “charge for credit” — Whether agreement correctly stating amount of credit — Whether requirement to state cost of credit — Whether agreement enforceable — Consumer Credit Act 1974, s 9(4) — Consumer Credit (Total Charge for Credit) Regulations 1980 (SI 1980/51), reg 4
Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another; [2010] UKSC 32
[2010] WLR (D) 175
07/07/10
Contract — Unfair terms — Banks charging for unauthorised overdrafts — Investigation by Office of Fair Trading — Whether charges exempt from assessment as to fairness — Whether relating to adequacy of price or remuneration for services supplied in exchange — Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083), reg 6(2)(b) — Council Directive 93/13/EEC, art 4(2)
Office of Fair Trading v Abbey National plc and others; [2009] UKSC 6
[2009] WLR (D) 341
25/11/09
Consumer credit — Agreement — Agreement for installation of photocopier in retail premises for use by customers — Retailer accounting for sums paid by customers but making no other payment — Whether consumer hire agreement — Consumer Credit Act 1974, s 15
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd; [2009] UKHL35
[2009] WLR (D) 190
17/06/09
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| FREEDOM OF INFORMATION |
Public authority — British Broadcasting Corporation — Application for disclosure of internal BBC report — Information Commissioner deciding BBC not “public authority” for purpose of request — Whether decision of Commissioner subject to appeal to Information Tribunal — Freedom of Information Act 2000, ss 3(1), 7(1), 50, 57, Sch 1)
British Broadcasting Corporation v Sugar and another [2009] UKHL 9; [2009] WLR (D) 51
11/02/09
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| HEALTH AND SAFETY |
Employer’s liability — Work equipment — Carer collecting client from home — Wheelchair ramp at client’s home causing injury to carer — Whether ramp equipment “used ... at work” — Whether employer in breach of statutory duty to maintain — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), regs 2(1), 3(2), 5(1)
Smith v Northamptonshire County Council; [2009] UKHL 27
[2009] WLR (D) 165
20/05/09
Statutory offence — Burden of proof — Employee killed in accident at work — Employers’ duty not to expose to risk to health or safety — Whether necessary for prosecution to identify specific failures of duty by employee — Whether sufficient for prosecution to prove risk of danger for burden to shift to employer to establish not reasonably practicable to do more — Health and Safety at Work etc Act 1974, ss 2(1), 3(1)
R v Chargot (trading as Contract Services) and others [2008] UKHL 73
[2008] WLR (D) 379, HL(E)
10/12/08
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| HIGHWAY |
Public procession — Mass cycle rides— Rides in central London taking place monthly for 12 years — No organiser or fixed route — Whether event requiring advance notice to police — Public Order Act 1986, s 11
Kay v Commissioner of Police of the Metropolis [2008] UKHL 69
[2008] WLR (D) 369
26/11/08
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| HOUSING |
Secure tenancy — Claim for possession — Order for possession suspended on condition tenant paying rent arrears — Tenant failing to comply with terms — Subsequent death of tenant — Whether tenancy terminated — Whether tenant’s estate entitled to apply to revive tenancy — Housing Act 1985 (c 68), ss 82(2), 85(2)
Austin v Southwark London Borough Council; [2010] UKSC 28
[2010] WLR (D) 156
23/06/10
Secure tenancy — Right to buy — Reduction in purchase price where council delaying processing claim — Reduction being amount of rent paid by tenant during period of delay — Whether housing benefit “payment of rent” for purpose of reducing price — Housing Act 1985, ss 153A, 153B (as inserted by Housing Act 1988, s 124)
Hanoman v Southwark London Borough Council (No 2); [2009] UKHL 29
[2009] WLR (D) 181
10/06/09
Possession order — Effect — Order for possession suspended on condition assured tenant paying rent arrears — Whether tenancy terminated — Order for possession suspended on condition tenant paying rent arrears — Tenant failing to comply with terms of order but making late payment in full — Whether order to be discharged —Secure tenant of flat serving notice to exercise right to buy — Landlord subsequently obtaining order for possession — Possession order discharged — Whether tenant required to serve fresh notice to buy — Housing Act 1985, ss 9, 85, 121(1)
Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green: [2008] UKHL 70
[2008] WLR (D) 382
10/12/08
Residential accommodation — Duty to provide — HIV-positive claimant overstaying leave to enter — Need for medication to be stored in refrigerator — Whether constituting “need for care and attention” — Whether local authority obliged to provide claimant with residential accommodation— National Assistance Act 1948, s 21(1)(a) (as amended by Local Government Act 1972, s 195(6), Sch 23, para 2(1), Children Act 1989, s 108(5), Sch 13, para 11(1) and National Health Service and Community Care Act 1990, s 42(1))
R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292
- [2008] 1 WLR 1808
30/07/08
Housing benefit — Assessment — Local reference rent — “Locality” — “Neighbourhood” — Extent — Number of neighbourhoods to be included — Whether to be included on basis only of facilities and services specified — Rent Officers (Housing Benefit Functions) Order 1997 (as amended by Rent Officers (Housing Benefit Functions) (Amendment) Order 2001, art 2), Sch 1, Pt I, paras 1, 3, 4
R (Heffernan) v Rent Service; [2008] WLR (D) 279
- [2008] 1 WLR 1702
30/07/08
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| 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] 1 WLR 1143
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] 1 WLR 1587
16/04/08
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| HUMAN RIGHTS |
Right to life — State’s duty to investigate death — Jurisdiction — Soldier dying of heatstroke while carrying out duties off base in Iraq — Whether soldier’s death within scope of Human Rights Convention or of legislation giving domestic effect to Convention — Whether procedural requirements implicit in Convention right to life applying to inquest into soldier’s death — Human Rights Act 1998, Sch 1, Pt I, art 2 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (cmd 8969), art 1
R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening); [2010] UKSC 29
[2010] WLR (D) 165
30/06/10
Inhuman or degrading treatment — Risk of violence — Suspected terrorist challenging control order — Control order requiring residence in town with community tensions and racist attacks on Muslim community — Order granted prohibiting identification of suspected terrorist — Whether order to be continued — Whether identification would breach suspected terrorist’s Convention rights — Human Rights Act 1998, Sch 1, Pt I, arts 3, 8
Secretary of State for the Home Department v AP (No 2); [2010] UKSC 26
[2010] WLR (D) 154
23/06/10
Right to liberty — Suspected terrorist — Home Secretary making non-derogating control order against respondent — Respondent required to remain in specified residence for 16 hours a day — Specified residence 150 miles away from home town — Whether overall effect of curfew and social isolation amounting to unlawful deprivation of liberty — Whether particular difficulties of family in visiting respondent to be taken into account — Human Rights Act 1998, Sch 1, Pt I, art 5 — Prevention of Terrorism Act 2005 (c 2), s 2
Secretary of State for the Home Department v AP; [2010] UKSC 24
[2010] WLR (D) 149
16/06/10
Respect for private and family life — Interference with — Right to freedom of expression — Claimants challenging designation as suspected terrorists and obtaining orders prohibiting identification throughout proceedings — Press applying to discharge orders to enable identification of claimants in full report of proceedings — Balance of Convention rights — Whether orders to be discharged — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10
In re Guardian News and Media Ltd and others; [2010] UKSC 1
[2010] WLR (D) 13
27/01/10
Right to free elections — Interference with — Law providing for two unelected members to sit in legislature and prohibiting aliens from standing for election — Whether infringing right to free elections ensuring free expression of people’s opinion in choice of legislature — Whether breaching right of European citizen to stand as election candidate
R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others; [2009] UKSC 9
[2009] WLR (D) 349
01/12/09
Respect for private life — Interference with — Right to freedom of expression — Attorney General’s reference — House of Lords making order prohibiting identification of defendant — BBC wishing to make programme identifying him — Application for discharge of order — Balance of Convention rights — Human Rights Act 1998, Sch 1, Pt I, arts 6(2), 8, 10
In re
Attorney General’s Reference (No 3 of 1999); [2009] UKHL 34 [2009] WLR (D) 192
17/06/09
Right to fair trial — Suspected international terrorists — Secretary of State issuing non-derogating controls orders — Court hearing to consider whether Secretary of State’s decision flawed — Some or all of material not disclosed to controlee — Special advocates appointed to represent controlee with sight of closed material not disclosed to controlee — Whether hearing necessarily unfair in absence of disclosure to controlee of irreducible minimum of information — Whether procedure in breach of controlee’s Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10), Sch, para 4 — CPR, Pt 76
Secretary of State for the Home Department v AF (No 3); [2009] UKHL 28
[2009] WLR (D) 180
10/06/09
Right to fair hearing — Determination of civil rights and obligations — Statutory provisions for referring care workers and including them in list of persons precluded from working with vulnerable adults — Whether provisional inclusion in list without hearing breaching worker's Convention rights right to fair trial and to private life — Whether statute to be read as providing for opportunity for worker to make representations prior to provisional inclusion — Whether incompatible with Convention rights — Human Rights Act 1998, Sch 1, Pt I, arts 6(1), 8(1)— Care Standards Act 2000, s 82(4)(b)
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20
21/01/09
Right to fair trial — Delay in prosecution process — Defendant charged in Scotland with offences relating to child pornography following arrest and interview by police in England — Whether reasonable time requirement to be calculated from date of charge or interview — Human Rights Act 1998, Sch 1, Pt I, art 6(1)
Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392
[2008] WLR (D) 392
15/12/08
Right to life — Breach — Compulsorily detained mental patient absconding from hospital and committing suicide — Action against hospital trust for breach of deceased’s Convention right to life — Proper approach to establishing breach — Human Rights Act 1998, Sch 1, Pt 1, art 2
Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386
[2008] WLR (D) 386
10/12/08
Inhuman or degrading punishment — Extradition — Possibility of mandatory life sentence without eligibility for parole — State Governor having power to reduce sentence — Whether inhuman or degrading punishment — Human Rights Act 1998, Sch 1, Pt I art 3
R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72
[2008] WLR (D) 380, HL(E)
10/12/08
Right to life — State’s duty to investigate attempted suicide — Prisoner at young offender institution attempting suicide — Permanent brain damage resulting — Secretary of State refusing to hold public investigation into attempted suicide — Whether state obliged to hold investigation — Whether internal investigation effective compliance with duty — Human Rights Act 1998, Sch 1, Pt 1, art 2
R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2008] UKHL 68; [2008] WLR (D) 368
[2008] WLR (D) 368
26/11/08
Inhuman or degrading treatment — Positive obligation on state — Actions of police in ensuring children’s safe passage to school during sectarian riots — Whether violation of right to protection from inhuman and degrading treatment — Human Rights Act 1998, Sch 1, Pt I, art 3
E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351
[2008] WLR (D)
12/11/08
Right to peaceful enjoyment of possession — Disability premium — Cessation of payment to homeless claimants — 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 (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328
[2008] WLR (D) 328
22/10/08
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 — Human Rights Act 1998, Sch, 1, Pt I, art 2
Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50
- [2008] 3 WLR 593
30/07/08
Right to marry — Interference with — Persons subject to immigration control — Requirement of written permission from Secretary of State to marry — Permission refused to illegal immigrant — Whether breach of right to marry — Whether discrimination on grounds of religion or nationality — Human Rights Act 1998, Sch 1, Pt I, art 12 — Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 19 — Immigration (Procedure for Marriage) Regulations 2005 (SI 2005/15), regs 7, 8
R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53
- [2008] 3 WLR 549
30/07/08
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
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| HUSBAND & WIFE |
Financial provision — Financial relief — Marriage dissolved and financial provision for wife made by Nigerian court — Wife living in England and applying to English court for financial relief — Principles for English court to apply in deciding whether appropriate to grant financial relief after foreign divorce — Matrimonial and Family Proceedings Act 1984, Pt III
Agbaje v Agbaje; [2010] UKSC 13
[2010] WLR (D) 71
10/03/10
Financial provision — Post-nuptial agreement — Terms covering parties’ potential future separation — Whether binding
MacLeod v MacLeod [2008] UKPC 64
[2008] WLR (D) 402
17/12/08
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| IMMIGRATION |
Asylum — Permission to work — Claimants making fresh asylum applications after initial asylum applications fail — Fresh applications not determined within one year of presentation — Whether claimants entitled to permission to work — Council Directive 2003/9/EC, art 11(2)
Regina (ZO (Somalia)) v Secretary of State for the Home Department; [2010] UKSC 36
[2010] WLR (D) 203
28/07/10
Asylum — Fear of persecution — Claimants practising homosexuals in countries of nationality where homosexuality proscribed — Refusal of claims for failure to establish well-founded fear of persecution — Whether claimants reasonably to be expected to tolerate discretion to avoid persecution if returned to country of nationality — Test to be applied — Whether claimants entitled to refugee status — Convention and Protocol relating to Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1A(2)
HJ v Secretary of State for the Home Department; [2010] UKSC 31
[2010] WLR (D) 174
07/07/10
Asylum — Deportation — Removal directions following failed asylum claim — Whether freestanding right of appeal against removal directions on ground proposed destination not in accordance with law — Nationality, Immigration and Asylum Act 2002, s 82(2)(h)
MS (Palestinian Territories) v Secretary of State for the Home Department; [2010] UKSC 25
[2010] WLR (D) 150
16/06/10
Refusal of entry — Family of refugee — Sponsor granted asylum in United Kingdom and subsequently obtaining British citizenship — Wife and children seeking leave to join sponsor — Whether rules relating to family of those granted asylum or to family members in general applicable — Whether maintenance and accommodation requirements having to be satisfied — Statement of Changes in Immigration Rules (1994) (HC 395) (as amended by Statement of Changes in Immigration Rules (2002) (Cm 5597)), rr 352A, 352D
ZN (Afghanistan) and others v Entry Clearance Officer; [2010] UKSC 21
[2010] WLR (D) 121
12/05/10
International crime — Asylum seeker active member of organisation committing terrorist acts — Secretary of State refusing asylum on grounds asylum seeker complicit in war crimes and crimes against humanity perpetrated by organisation — Whether applying correct principles — Whether joint criminal enterprise — Whether asylum seeker excluded from protection of Refugee Convention — Convention relating to the Status of Refugees (1951) (Cmd 9171), art 1F(a)
R (JS (Sri Lanka)) v Secretary of State for the Home Department; [2010] UKSC 15
[2010] WLR (D) 79
17/03/10
Refusal of entry — Family members — Claimants seeking leave to enter United Kingdom to join relative — Third parties offering to contribute to support — Whether third party support to be included when considering whether claimants could be maintained without recourse to public funds — Statement of Changes in Immigration Rules (1994) (HC 395) (as amended by Statement of Changes in Immigration Rules (2000) (Cm 4851), rr 34, 42), rr 281(v), 297(v), 317(iva)
Mahad v Entry Clearance Officer; [2009] UKSC 16
[2009] WLR (D) 367
16/12/09
Asylum — Appeal — Claimants’ asylum and human rights claims rejected — Deportation orders made — Claimants making representations on asylum and human rights grounds for revocation of deportation orders — Secretary of State refusing to revoke deportation orders — Whether claimants’ rights of appeal to Asylum and Immigration Tribunal against refusals exercisable from within United Kingdom — Whether rights so exercisable only where “asylum claim” or “human rights claim” fresh — Nationality, Immigration and Asylum Act 2002, ss 92(4)(a), 113
BA (Nigeria) v Secretary of State for the Home Department; [2009] UKSC 7
[2009] WLR (D) 344
26/11/09
Appeal — Asylum and Immigration Tribunal — Two minor applicants seeking entry clearance to join family in United Kingdom — Secretary of State refusing application — Applicants’ situation deteriorating badly pending appeal — Statutory provision preventing changes in circumstances being taken into account on appeal — Whether provision incompatible with applicants’ right to respect for family life — Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 8 — Nationality, Immigration and Asylum Act 2002 (c 41), 85(5) (as amended by Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), Sch 2, Pt I, para 18)
AS (Somalia) v Secretary of State for the Home Department; [2009] UKHL 32
[2009] WLR (D) 194
17/06/09
Immigration rules — Effect — Applicant seeking leave to remain as postgraduate doctor under immigration rules favourable to person with overseas medical degree — Change in immigration rules after date of application restricting leave to enter and remain as postgraduate doctor to person with recognised UK medical degree from UK institution — Secretary of State considering and refusing application under new rules — Whether applicant entitled to have application determined under rules applying at date of application — Immigration Act 1971 (c 77), s 3(2)1 — Statement of Changes in Immigration Rules (2006) (HC 1016)
Odelola v Secretary of State for the Home Department; [2009] UKHL 25
[2009] WLR (D) 162
20/05/09
Asylum — Illegal entrant — Claimant entering United Kingdom illegally and claiming asylum — Claimant previously claiming asylum in Greece — Immigration Service proposing to return claimant to Greece — Statutory deeming provision preventing Home Secretary from considering whether claimant's return contravening his Convention rights — Whether incompatible with Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3 — Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), Sch 3, paras 2, 3(2)
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148
06/05/09
Deportation – Conducive to public good – Appeal from Special Immigration Appeals Commission – Whether restricted to error of law or irrationality – Whether deportees facing real risk of torture – Approach of commission in determining risk – Special Immigration Appeals Commission Act 1997, s 7 – Human Rights Act 1998, Sch 1, Pt I, arts 3, 6
RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same; Othman v Same [2009] UKHL 10; [2009] WLR (D) 60
18/02/09
Asylum — Certification of claim — Refusal of claim as “clearly unfounded” — Applicant making further submissions — Whether Secretary of State required to consider if further submissions amounting to fresh claim with “realistic prospect of success” — Nationality, Immigration and Asylum Act 2002, s 94(2) — Immigration Rules (HC 395), r 353
ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32
04/02/09
Asylum — Removal — Divorced mother losing custody of child as consequence of removal — Whether infringement of right to family life — Human Rights Act 1998, Sch I, Pt1, arts 8, 14
EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) [2008] UKHL 64; [2008] WLR (D) 00; [2008] WLR (D) 325
[2008] WLR (D) 325
22/10/08
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] 1 WLR 1434
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] 3 WLR 166
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] 3 WLR 178
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] 1 WLR 1420
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] 2 WLR 1178
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
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| INJUNCTION |
Trespass — Order for possession — Travellers trespassing in part of wood — Threatened movement to other woods owned by claimant if order made — Whether order might be made in respect of other woods — Whether injunction to restrain occupation appropriate
Secretary of State for the Environment, Food and Rural Affairs v Meier and others; [2009] UKSC 11
[2009] WLR (D) 347
01/12/09
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| 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
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