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1 | The seventh chapter of Deuteronomy records the following instructions given by Moses to the people of Israel, after delivering the Ten Commandments at Mount Sinai: 1.
When the Lord thy God shall bring thee into the land whither thou goest to possess it, and hath cast out many nations before thee, the Hittites, and the ... | E challenged JFSs (formerly the Jews Free School) refusal to admit his son, M, to the school.
JFS is designated as a Jewish faith school.
It is over subscribed and has adopted as its oversubscription policy an approach of giving precedence in admission to those children recognised as Jewish by the Office of the Chief R... | longest | 109 | 52,119 |
2 | It is the role of the common law to adapt to meet new circumstances and challenges.
Mesothelioma has been and is a tragedy for individuals and families.
It is caused by exposure to the inhalation of asbestos dust, and has a gestation period measured typically in decades.
The more fibres inhaled, the greater the risk of... | The present appeal is from Guernsey, where there is no equivalent of the 2006 Act.
The common laws of England and Guernsey are agreed to be identical in this area.
The principal issues are: (1) whether the reasoning in Barker still applies in Guernsey [8], and means that an employers liability insurer covering an emplo... | longest | 57 | 45,790 |
3 | The three appellants in these two appeals were each convicted of murder.
Each had his conviction quashed pursuant to a reference to the Court of Appeal by the Criminal Cases Review Commission (CCRC) in the exercise of its powers under Part II of the Criminal Appeal Act 1995 (the 1995 Act).
In each case no order was mad... | Section 133 of the Criminal Justice Act 1988 (s 133) provides that the Secretary of State for Justice shall pay compensation when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyon... | longest | 75 | 44,919 |
4 | These appeals raise the question whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non working households, equivalent to the net median earnings of working households.
The legislation is challenged unde... | The benefit cap was introduced in the Welfare Reform Act 2012 and implemented by the Benefit Cap (Housing Benefit) Regulations 2012 (the Regulations).
The main issue in this appeal is whether the Regulations are unlawful under the Human Rights Act 1998.
It is argued that the cap has an unjustifiably discriminatory impa... | longest | 38 | 40,669 |
5 | These proceedings arise out of the deaths of three young men who lost their lives while serving in the British Army in Iraq and the suffering by two other young servicemen of serious injuries.
The units in which they were serving were sent to Iraq as part of Operation TELIC.
This operation, which lasted from January 20... | These proceedings concern three sets of claims which arise out of the deaths of three young British servicemen and the serious injuries of two other young British servicemen in Iraq.
The first set (the Challenger claims) arise from a friendly fire incident involving British tanks which caused the death of Cpl Stephen A... | longest | 25 | 33,778 |
6 | This appeal concerns the permissibility and in particular compatibility with European Union law and Human Rights Convention rights, of a procedure (conveniently described as a closed material procedure) whereby an applicant and his representatives may be excluded from certain aspects of employment tribunal proceedings ... | This appeal concerns the permissibility of a procedure whereby a claimant in employment tribunal proceedings may be excluded along with his representatives from certain aspects of those proceedings on grounds of national security.
In particular the question arises as to whether such a procedure, known as a closed mater... | longest | 7 | 33,609 |
7 | This appeal concerns whether certain rules of the payment card schemes operated by Visa and Mastercard have the effect of restricting competition, in breach of article 101(1) of the Treaty on the Functioning of the European Union (TFEU), and equivalent national legislation.
The rules in question provide for fees which ... | This appeal concerns whether certain rules of the Visa and Mastercard payment card schemes have the effect of restricting competition, in breach of article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and equivalent national legislation.
The appellants, Visa and Mastercard, operate open four par... | longest | 39 | 33,473 |
8 | Percy McDonald was diagnosed as suffering from mesothelioma in July 2012.
Sadly, at the beginning of February 2014, just before the appeal in his case was due to be heard by this court, Mr McDonald died.
His widow, Edna McDonald, has been substituted as respondent in the appeal.
The period between diagnosis and death i... | Between 1954 and March 1959 Percy McDonald attended Battersea power station in the course of his employment as a lorry driver for a firm known as Building Research Station to collect pulverised fuel ash.
Between 1954 and January 1957 he was at the power station approximately twice a month but this fell to about twice e... | longest | 118 | 31,942 |
9 | Each of the appellants has been convicted on indictment of a serious criminal offence.
Each has had an appeal against conviction dismissed by the Court of Appeal.
Each appeals on the ground that he did not receive a fair trial, contrary to article 6 of the European Convention on Human Rights (article 6) (The Convention... | The appellants were convicted of serious criminal offences after trials in which the victims of the offences did not give evidence: in one case because he had since died and in the other because she had run away in fear when the trial was about to commence.
In each case a statement from the victim was admitted pursuant... | longest | 35 | 31,260 |
10 | The Scottish Parliament was established by section 1 of the Scotland Act 1998.
It was opened on 1 July 1999.
Section 29(1) of the Act provides: An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.
This provision lies at the heart of the... | As originally enacted, s.33 and Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (the RTOA) provided that the maximum sentence that a Sheriff sitting summarily could impose in respect of the offence of driving while disqualified (s.103(1)(b) of the Road Traffic Act 1988 (the RTA)) was six months imprisonment... | longest | 48 | 26,727 |
11 | The question at issue on this appeal is what connection must a foreign company have with the United Kingdom to entitle an English court to wind it up, if its centre of main interests (or COMI) is in another member state of the European Union.
The answer depends on the meaning of two words, economic activity, in EU Regu... | Olympic Airlines SA was wound up by a court in Athens on 2 October 2009.
The main liquidation proceedings are ongoing in Greece.
The company pension scheme has a 16m deficit.
Olympic Airlines SA is liable to make good the deficit by s 75 of the Pensions Act 1995.
It is unlikely to be able to do so.
Members of the pensi... | 0-8k | 111 | 2,968 |
12 | This is an interlocutory appeal in a criminal case which concerns the correct construction of section 92(1) of the Trade Marks Act 1994 (the 1994 Act).
The appellants are a limited company and two individuals connected with its management.
They are indicted for, inter alia, offences of unauthorised use of trade marks, ... | This is an interlocutory appeal in a criminal case in which the appellants are defendants indicted for offences of unauthorised use of trademarks, contrary to section 92(1) of the Trade Marks Act 1994 (the 1994 Act).
An offence is committed under that section where a person does any of the following three things (with ... | 0-8k | 37 | 3,350 |
13 | Para 352D of the Immigration Rules provides for the grant of leave to enter to the child of a parent who has been admitted to the UK as a refugee.
The issue in this case is whether the Para extends, or should be treated as extending, to a child for whom a family member has taken parental responsibility under the Islami... | The issue in this appeal is whether AA falls within the definition of an adopted child in paragraph 352D of the Immigration Rules.
AA was born in Somalia on 21 August 1994.
Her family were torn apart by events in Somalia and her father was killed in the mid 1990s.
AA became separated from her mother and other siblings ... | 0-8k | 28 | 3,658 |
14 | The council appeals against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the councils emergency powers.
The respondent (Manolete) pursued the claim as assignee of Stylus Sports Ltd (Stylu... | In June 2006 the Appellant, Hastings Borough Council (the Council), exercised its emergency powers to restrict public access to Hastings Pier on account of its being in a dangerous condition as a result of serious structural defects.
The Respondent, Manolete Partners PLC (Manolete), pursued a claim for compensation aga... | 0-8k | 50 | 6,207 |
15 | The issue in this appeal is: what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, when such approval has never been given? In particular, is any evid... | The issue in the appeal is: what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, when such approval has never been given? In particular, is any evide... | 0-8k | 97 | 4,095 |
16 | Mr Thomas Arthur Watkins lived near Tredegar in South Wales.
He was employed by the National Coal Board (later British Coal Corporation) (British Coal) as a miner from 1964 until 1985.
In that employment he was required to use vibratory tools and as a result of such exposure, in common with very many other miners, Mr W... | This appeal relates to a compensation scheme (the Scheme) set up in 1999 by the Department for Trade and Industry to provide tariff based compensation to miners employed by the British Coal Corporation (British Coal) who suffered from a medical condition called vibration white finger (VWF) as a result of excessive expo... | 0-8k | 12 | 6,158 |
17 | For some four centuries, the United Kingdom and its component nations have been a major source of emigration.
As a result, schemes for defining the right to British nationality have been complicated by the need to accommodate those born abroad but having significant connections with the United Kingdom by descent.
Until... | Under section 5(1) of the British Nationality Act 1948 the general rule was that British citizenship was available to a person by descent if his or her father was a citizen of the United Kingdom and Colonies at the time of the persons birth.
But, if the persons father was himself a citizen by descent only, then unless ... | 0-8k | 81 | 4,968 |
18 | The claimant, Declan OByrne, was vaccinated on 3 November 1992 with an HIB vaccine (the Product).
He alleges that the Product was defective and that it caused him brain damage.
The vaccine in question was manufactured in France by a French company, now known as Aventis Pasteur SA (APSA).
On 18 September 1992 APSA sent ... | The Respondent was vaccinated on 3 November 1992 with a vaccine (the Product) manufactured in France by a French company, now known as Aventis Pasteur SA (APSA).
On 18 September 1992 APSA sent a consignment of the vaccine, including the Product, to its then wholly owned subsidiary, Aventis Pasteur MSD Ltd (APMSD), in E... | 0-8k | 113 | 6,406 |
19 | The issue in this case is the proper approach of the immigration appellate authorities where the Secretary of State has decided that a national of the European Economic Area who is lawfully living in the United Kingdom should be removed on the ground of abuse of the right to reside here.
The abuse in question happened ... | An EU citizen with a permanent right of residence in a host member state may have that right removed in the case of abuse of rights or fraud, such as marriages of convenience.
The issue in this appeal is which party bears the burden of proof of establishing that a proposed marriage is one of convenience.
Ms Sadovska is... | 0-8k | 102 | 4,252 |
20 | In circumstances in which at the time of a divorce a spouse, say a wife, is awarded capital which enables her to purchase a home but later she exhausts the capital by entry into a series of unwise transactions and so develops a need to pay rent, is the court entitled to decline to increase the order for the husband to ... | The Appellant and Respondent are former husband and wife.
They divorced in 2002 after a marriage of approximately fifteen years, and the financial issues in the divorce were resolved by way of a consent order.
Under the terms of that order the wife received 230,000 in settlement of her capital claims against the husban... | 0-8k | 30 | 4,249 |
21 | This appeal raises two important questions, one procedural and the other substantive, arising out of the decision of a planning inspector under the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Listed Buildings Act).
It concerns the correct treatment of a pair of early 18th century lead urns (or fini... | This appeal raises two important questions about the interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Listed Buildings Act).
The case concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals (the items).
The items were ... | 8k-16k | 53 | 9,637 |
22 | The question at issue on this appeal is: in what circumstances is it permissible to sue an unnamed defendant? It arises in a rather special context in which the problem is not uncommon.
On 26 May 2013 Ms Bianca Cameron was injured when her car collided with a Nissan Micra.
It is common ground that the incident was due ... | On 26 May 2013, the respondent, Ms Bianca Cameron, was injured when her car collided with a Nissan Micra.
It is not in dispute that the incident was due to the negligence of the driver of the Micra.
The registration number of the Micra was recorded, but the driver made off without stopping or reporting the accident to ... | 8k-16k | 22 | 8,722 |
23 | This appeal raises an issue as to the applicability of the equitable doctrine of marshalling.
Lord Hoffmann explained the doctrine in characteristically pithy terms in In re Bank of Credit and Commerce International SA (No 8) [1998] AC 214, 230 231 as: [A] principle for doing equity between two or more creditors, each ... | In 2005, the Assets Recovery Agency (ARA) obtained an interim receiving order over certain properties acquired by Mrs Szepietowskis husband with money allegedly obtained through drug trafficking, mortgage fraud and concealment from the Revenue.
In November 2006, the ARA began civil proceedings against Mr and Mrs Szepie... | 8k-16k | 16 | 12,882 |
24 | This is a case concerning the application of EU rules regarding food hygiene in relation to meat and poultry to certain chicken and pork products manufactured by the appellant, Newby Foods Ltd (Newby).
Newby contends that these products should not be classified as mechanically separated meat (MSM) within point 1.14 of ... | This case is about the application of EU food hygiene rules to certain chicken and pork products manufactured by the appellant, Newby Foods Ltd (Newby).
Specifically, the appeal concerns whether these products should be classified as mechanically separated meat (MSM) within point 1.14 of Annex I to EU Regulation No 853... | 8k-16k | 21 | 12,743 |
25 | This is an appeal against a decision of the Court of Appeal upholding a series of case management decisions by judges of the Chancery Division.
It arises out of a joint venture between Apex Global Management Ltd (Apex), a Seychelles company owned by Mr Almhairat, and Global Torch Ltd (Global), a BVI company owned by Pr... | This appeal arises out of a joint venture between Apex Global Management Ltd (Apex), a Seychelles company owned by Mr Almhairat, and Global Torch Ltd (Global), a British Virgin Islands company owned by Prince Abdulaziz (the Prince), Mr Abu Ayshih and Mr Sabha.
Apex and Global set up an English company Fi Call Ltd (Fi C... | 8k-16k | 73 | 11,208 |
26 | This appeal arises out of the payment of value added tax which was not due, because the supplies in question were exempt from VAT under the relevant EU directive.
At the time of the payment, however, the supplies were treated as taxable by the UKs VAT legislation, which had incorrectly transposed the directive, and wer... | This appeal and cross appeal arise out of claims made by certain investment trust companies (the ITCs) for refunds of VAT which they had paid on the supply of investment management services from investment managers (the Managers).
The VAT transpired not to be due, because the supplies in question were exempt from VAT u... | 8k-16k | 31 | 15,739 |
27 | These appeals are brought by a Polish national, Roksana Mirga, and an Austrian national, Wadi Samin, against decisions of the Court of Appeal upholding determinations that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom ... | These two appeals concern the claims of two EU nationals to claim benefits in the United Kingdom.
Ms Mirga was born in Poland and, having previously lived in the UK with her parents for four years, moved back here in 2004.
The benefit rights of people from Poland in the UK were mostly governed by the Accession (Immigra... | 8k-16k | 99 | 8,252 |
28 | Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouses application to set aside a financial order in divorce proceedings on the ground of a fraudulent no... | The appellant ("the wife") used to be married to the respondent ("the husband"), a former solicitor.
In 2002, the wife petitioned for a divorce.
In response to her financial claims, the husband asserted that all of his ostensible wealth represented assets held on behalf of his clients [4 6].
In 2004, the wife's claims ... | 8k-16k | 71 | 10,291 |
29 | Allegations that a bribe was paid to procure a contract are by no means unknown in international business disputes heard by the Commercial Court in London.
Allegations that evidence was procured by torture are thankfully rare.
In this case allegations of both bribery and torture were made.
A claim under a guarantee of ... | This appeal arises out of a claim by the appellant under a guarantee of a contract, to charter a vessel which was met with a defence from the respondent that the contract was procured by bribery and that the guarantee was therefore unenforceable.
The bribery allegation was based on evidence of confessions that the appe... | 8k-16k | 79 | 14,434 |
30 | The flags protest, as it has become known, took place throughout Northern Ireland in late 2012 and early 2013.
The series of demonstrations and marches that the protest involved presented the Police Service with enormous, almost impossible, difficulties.
They strove to deal with those difficulties by using different po... | The Public Processions (Northern Ireland) Act 1998 (the 1998 Act) placed responsibility for the management of parades in Northern Ireland in the hands of an independent statutory body called the Parades Commission.
The Act placed a duty on anyone proposing to organise a public procession to give advance notice to the p... | 8k-16k | 115 | 11,547 |
31 | This appeal challenges the validity of two patents, which seek to confer a monopoly over the creation of a range of types of transgenic mouse.
The subject matter, genetic engineering for medical purposes, is of great technical complexity, but the legal question which falls for determination in this court may be quite s... | In 2001 Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse.
Regenerons breakthrough was a hybrid version of the gene that produces antibodies, combining a section of the mouses genetic material (the constant region DNA) with a section of genetic material from a human (the variable ... | 8k-16k | 60 | 14,217 |
32 | This appeal raises the question whether the Commissioner of Police of the Metropolis (the Commissioner) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from economic and reputational harm.
Background facts
The pleaded fact... | On 2 December 2003 the Respondents, four police officers serving in the Metropolitan Police Service (the officers), took part in the arrest of a suspected terrorist, BA.
BA subsequently made allegations that the officers had seriously assaulted and injured him during the arrest.
In October 2004, the Independent Police ... | 8k-16k | 82 | 8,869 |
33 | This appeal concerns the statutory right of appeal against decisions by the Secretary of State for the Home Department (the Secretary of State) to refuse protection claims and human rights claims under Part 5 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) as amended.
The particular question for deci... | The appellant is a Jamaican national who arrived in the United Kingdom on 9 October 1998 when he was seven years old.
He has several criminal convictions, including two robberies that triggered deportation proceedings.
On 17 July 2013, a deportation order was issued.
He appealed to the First tier Tribunal (Immigration ... | 8k-16k | 72 | 12,919 |
34 | On 29 November 2010 the Immigration Rules were amended so as to require a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here (the Rule).
Clearly, for a variety of reasons, some people would find this much har... | The appellants in these cases challenged the validity of an amendment to the Immigration Rules in 2010 requiring a foreign spouse or partner of a British citizen or person settled in the United Kingdom to pass a test of competence in the English language before coming to live here (rule E ECP 4.1 and E LTRP 4.1 in Appe... | 8k-16k | 0 | 14,240 |
35 | These appeals concern requests made for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union.
The requests relating to the appellants Mindaugas Bucnys (Bucnys) and Marius Sakalis (Sakalis) come from t... | These three appeals concern requests for extradition under European arrest warrants (EAWs).
The Lithuanian Ministry of Justice issued EAWs for Mindaugas Bucnys based on convictions for housebreaking and fraud and for Marius Sakalis based on his conviction for sexual assaults.
The Estonian Ministry of Justice issued an ... | 8k-16k | 8 | 14,836 |
36 | This appeal offers an opportunity for this court to consider, for the first time, the extent to which the right to the free use of sporting and recreational facilities provided in a country club environment may be conferred upon the owners and occupiers of an adjacent timeshare complex by the use of freehold easements.... | Broome Park is a substantial country estate near Canterbury.
It originally included the Mansion House, Elham House and surrounding lands.
In 1967, Elham House and adjoining land were conveyed away.
This is the alleged dominant tenement of the disputed easement.
The seller retained the rest of Broome Park, including the... | 16k+ | 103 | 17,126 |
37 | On a Tuesday afternoon in July 2008 Mrs Elizabeth Robinson, described by the Recorder as a relatively frail lady then aged 76, was walking along Kirkgate, a shopping street in the centre of Huddersfield, when she was knocked over by a group of men who were struggling with one another.
Two of the men were sturdily built... | In July 2008, the Appellant, then aged 76, was knocked over on a street in the centre of Huddersfield by a group of men.
Two of the men were police officers (DS Willan and PC Dhurmea) and the third was a suspected drug dealer (Williams) whom they were attempting to arrest.
As the officers struggled with Williams, he ba... | 16k+ | 9 | 21,223 |
38 | The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made.
The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of the assets of a group of companies referred to as ... | On 6 December 2010 the Crown Prosecution Service applied to the Crown Court for restraint orders under section 41 of the Proceeds of Crime Act 2002 (POCA) against two individuals, and restraint and receivership orders (under section 48 POCA) against Eastenders Group.
Eastenders Group, of which the individuals were the ... | 16k+ | 17 | 17,268 |
39 | This appeal concerns the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent.
In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not identify an optimal dosage regime.
A pharmaceutical company, which had acquire... | Tadalafil is the generic name for a drug which is sold under the brand name CIALIS for the treatment of, among other things, erectile dysfunction (ED).
Tadalafil is a competitor (second in class) to sildenafil, which was and is sold under the brand name, VIAGRA.
The patent which is the subject of this appeal is EP(UK) ... | 16k+ | 6 | 16,559 |
40 | The interim injunction the subject of this application has attracted much attention.
Whatever the decision of the Supreme Court, it will probably give rise to further, entirely legitimate, debate on the value of such injunctions in the internet age.
But the majority of this Court has concluded that, in the light of leg... | PJS is married to YMA.
Both are well known individuals in the entertainment business.
They have two young children.
Between 2009 and 2011 PJS had a sexual relationship with AB and, on one occasion, with AB and CD.
In January 2016 the editor of the Sun on Sunday newspaper, published by News Group Newspapers (NGN), notif... | 16k+ | 90 | 16,877 |
41 | This case concerns the framework which will govern an application for the grant of development consent for the construction of a third runway at Heathrow Airport.
This is a development scheme promoted by the appellant, Heathrow Airport Ltd (HAL), the owner of the airport.
As a result of consideration over a long period... | This appeal concerns the lawfulness of the Airports National Policy Statement (the ANPS) and its accompanying environmental report.
The ANPS is the national policy framework which governs the construction of a third runway at Heathrow Airport.
Any future application for development consent to build this runway will be ... | 16k+ | 33 | 23,569 |
42 | The appellant was questioned at an airport under Schedule 7 to the Terrorism Act 2000 (TA 2000), which requires a person in her position to answer questions asked by police officers, immigration officers and customs officers for the purpose there set out.
She refused to answer the questions and was subsequently convict... | On 4 January 2011, Mrs Sylvie Beghal passed through East Midlands Airport with her three children on returning from visiting her husband in Paris, a French national in custody on terrorist offences.
She was stopped by police and, although not formally detained, arrested or suspected of being a terrorist, was told they ... | 16k+ | 64 | 21,083 |
43 | The question at issue on this appeal is whether two provisions of the State Immunity Act 1978 are consistent with the European Convention on Human Rights and the European Union Charter of Fundamental Rights.
The two provisions are section 4(2)(b) and section 16(1)(a).
I shall set out both below, but in summary the effe... | Ms Janah is a Moroccan national who was recruited in Libya to work as a domestic worker for the Libyan government at its London embassy.
Ms Benkharbouche is a Moroccan national who was recruited in Iraq to work for Sudan at its London embassy.
Both were dismissed from their employment and then issued claims in the Empl... | 16k+ | 23 | 20,409 |
44 | The appellant Dermot Patrick OBrien (Mr OBrien) is a retired barrister.
He also held part time judicial office as a recorder appointed under section 21 of the Courts Act 1971, as amended.
He claims to be entitled to a pension in respect of his part time non salaried judicial work.
The case raises questions of domestic ... | This appeal raises questions of European Union law.
These questions have their origins in an EU Framework Agreement on part time work which was concluded in 1997.
It was implemented by a Council Directive of the same year, which was extended to the United Kingdom in 1998.
Directives are binding as to the result to be a... | 16k+ | 78 | 18,457 |
45 | The principal issue in these two appeals relates to the circumstances in which the concept of statutory incompatibility will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes.
In R (Newhaven Port & Properties Ltd) v East Sussex County C... | The issue in the two appeals relates to the circumstances in which statutory incompatibility will defeat an application by a member of the public to register land as a town or village green (a green) under the Commons Act 2006 (the Act) where the land is held by a public authority for statutory purposes.
At issue in th... | 16k+ | 89 | 21,368 |
46 | This is a remarkable case in more than one respect.
The appeal depends upon whether the Court is bound to stay action 2006 Folio 815 (the 2006 proceedings) under Article 27 of Regulation 44/2001 of the Council of the European Union (the Regulation) and, if not, whether it should do so under Article 28.
Before Burton J ... | On 3 May 2006, the vessel Alexandros T sank and became a total loss 300 miles south of Port Elizabeth with considerable loss of life.
Her owners were Starlight Shipping Company (Starlight).
Starlight made a claim against their insurers, who denied liability on the basis that the vessel was unseaworthy with the privity ... | 16k+ | 43 | 25,080 |
47 | Two appeals are before the Court by prisoners who were convicted of murder and sentenced to life imprisonment.
In the case of the appellant Peter Chester, the tariff period fixed expired many years ago, but he has not yet satisfied the Parole Board that it is no longer necessary for the protection of the public that he... | The appellants in these two appeals are prisoners serving sentences of life imprisonment imposed for murder, combined in the case of McGeogh with a later sentence of seven and a half years for violent escape from lawful custody.
Both the appellants claim that their rights have been and are being infringed because they ... | 16k+ | 88 | 26,673 |
48 | The Scottish Parliament was established by section 1 of the Scotland Act 1998.
It was opened on 1 July 1999.
Section 29(1) of the Act provides: An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.
This provision lies at the heart of the... | As originally enacted, s.33 and Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (the RTOA) provided that the maximum sentence that a Sheriff sitting summarily could impose in respect of the offence of driving while disqualified (s.103(1)(b) of the Road Traffic Act 1988 (the RTA)) was six months imprisonment... | 16k+ | 68 | 26,727 |
49 | In early 2006 the appellant, The United States of America, decided for strategic reasons to close the watercraft repair centre, known as RSA Hythe, which the United States Army maintained in Hampshire.
The respondent, Mrs Nolan, was employed there as a civilian budget assistant, and the closure on 30 September 2006 inv... | In 2006 the United States of America (USA) closed a watercraft repair centre (the Base) which it maintained in Hampshire.
Mrs Nolan was employed at the Base by the appellant and was dismissed for redundancy the day before it closed.
Mrs Nolan complained that the appellant had failed to consult with any employee represe... | 16k+ | 15 | 18,626 |
50 | These appeals raise important and difficult issues in the field of equity and trust law.
Both appeals raise issues about the so called rule in Hastings Bass.
One appeal (Pitt) also raises issues as to the courts jurisdiction to set aside a voluntary disposition on the ground of mistake.
It is now generally recognized t... | These appeals raise important and difficult issues in the field of equity and trust law.
Both appeals raise issues about the so called rule in Hastings Bass, which is concerned with trustees who make decisions without having given proper consideration to relevant matters which they ought to have taken into account.
In ... | 16k+ | 98 | 24,933 |
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