Results: 247209

• Heron Bros Ltd v Central Bedfordshire Council

  20 Mar 2015 [2015] EWHC 604 (TCC); [2015] PTSR 1146; [2015] BLR 362; [2015] WLR (D) 137, QBD (Edwards-Stuart J)

  Subsequent considerations : 1 negative. Subsequent citations: 10.
  PUBLIC PROCUREMENT — Claim form — Service
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  Case index catchwords

  PUBLIC PROCUREMENT — Claim form — Service — Claimant seeking to challenge defendant’s procurement process — Whether claim form served within prescribed time limit — Whether power or discretion to extend time for service — When valid service effected — Whether time limits breaching European Union principle of equivalence — Whether sending unsealed copy of claim form to defendant valid service within time limit — Whether defects in served claim form curable — Public Contracts Regulations 2006 (SI 2006/5), reg 47F (as inserted by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and amended by Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(4)) — CPR rr 6.14, 7.5(1)

  7 Case(s) considered

  2 Statutory Instruments considered

• Criminal proceedings against SF (Openbaar Ministerie v SF)

  11 Mar 2020 (Case C-314/18); EU:C:2020:191; EU:C:2019:427; [2020] 1 WLR 4021; [2020] WLR(D) 191, ECJ (President of Chamber M Vilaras, President of Court, acting as Judge of Fourth Chamber, K Lenaerts, Judges D Šváby, K Jürimäe, N Piçarra, Advocate General P Pikamäe)

  Subsequent citations: 7.
  EXTRADITION — European arrest warrant — Execution

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in criminal matters
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  Case index catchwords

  EXTRADITION — European arrest warrant — Execution — Executing member state requesting issuing member state to guarantee return of requested person to executing member state in order to serve sentence — Whether requested person to be returned as soon as sentence becoming final — Whether executing authority permitted to adapt duration of sentence on requested person’s return — Council Framework Decision 2002/584/JHA, art 5(3) — Council Framework Decision 2008/909/JHA, arts 8, 25

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 5(3) — Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Time of return — Framework Decision 2008/909/JHA — Article 3(3) — Scope — Article 8 — Adaptation of the sentence imposed in the issuing Member State — Article 25 — Enforcement of a sentence under Article 5(3) of Framework Decision 2002/584/JHA

  2 Case(s) considered

  2 EU Enactments considered

• Home Credit Slovakia a s v Bíróová (Home Credit Slovakia a.s. v Klára Bíróová)

  09 Nov 2016 (Case C-42/15); EU:C:2016:842; [2017] Bus LR 573; [2016] WLR (D) 586, ECJ

  Subsequent citations: 12.
  FAIR TRADING — Consumer credit — Agreement

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC
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  Case index catchwords

  FAIR TRADING — Consumer credit — Agreement — Requirement that credit agreement be drawn up on durable medium and include certain information — Whether agreement must also be signed — Whether permissible for requisite information to be included in separate document cross-referenced in credit agreement — Whether specific dates on which repayments to be made part of requisite information — Whether requirement that agreement state in amortisation table part of repayment instalment allocated to repayment of capital — Penalty under national law for failure to provide information — Parliament and Council Directive 2008/48/EC, arts 3(m), 10(1)(2), 23

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 — Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ — Contract referring to another document — Requirement for the agreement to be in ‘written form’ within the meaning of national law — Indication of information required by reference to objective criteria — Information to be included in a fixed-term credit agreement — Effect of failure to include mandatory information — Proportionality

  2 Case(s) considered
• Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)

  25 Jul 2018 (Case C-220/18PPU); EU:C:2018:589; EU:C:2018:547; [2019] 1 WLR 1052; [2018] WLR(D) 517, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan Advocate General M Campos Sánchez-Bordona)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2023. Subsequent citations: 28.
  EXTRADITION — European arrest warrant — Grounds for non-execution
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  Case index catchwords

  EXTRADITION — European arrest warrant — Grounds for non-execution — Requested person arrested pursuant to European arrest warrant issued for purpose of serving custodial sentence — Executing judicial authority having evidence of deficiencies in detention conditions in requesting member state — New legal remedy enabling prisoners in requesting member state to challenge detention conditions — Whether executing judicial authority able to rule out real risk that requested person would be subjected to inhuman and degrading treatment — Whether executing authority required to assess detention conditions in all prisons in which requested person could potentially be detained — Charter of Fundamental Rights of the European Union, art 4 — Council Framework Decision 2002/584/JHA (as amended by Council Framework Decision 2009/299/JHA, art 2(2)), arts 1(3), 5, 6(1)

  2 Case(s) considered

  2 EU Enactments considered
• Karen Millen Fashions Ltd v Dunnes Stores

  19 Jun 2014 (Case C-345/13); EU:C:2014:2013; [2014] Bus LR 756; [2014] 2 All ER (Comm) 443; [2014] WLR (D) 273, ECJ

  Subsequent considerations : 2 positive; most recently considered: 2017. Subsequent citations: 8.
  DESIGN — Unregistered Community design — Validity

  EUROPEAN UNION — Regulation (EC) No 6/2002 — Community design
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  Case index catchwords

  DESIGN — Unregistered Community design — Validity — Requirement that design possess individual character in comparison with other designs — Presumption of validity where certain conditions satisfied — Whether assessment of character to be made by reference to earlier individualised designs or by amalgam of specific features of earlier designs — Whether presumption of validity applying only if design proven to have individual character — Council Regulation (EC) No 6/2002, arts 6, 85(2)

  EUROPEAN UNION — Regulation (EC) No 6/2002 — Community design — Article 6 — Individual character — Different overall impression — Article 85(2) — Unregistered Community design — Validity — Conditions — Burden of proof

  1 EU Enactment considered

• Devon and Somerset Fire and Rescue Authority v Howell

  13 Feb 2023 [2023] EWHC 257 (Ch); [2023] ICR 686; [2023] WLR(D) 82, Ch D (Judge Davis-White KC sitting as a deputy High Court judge)

  PENSIONS — Early retirement — Firemen’s Pension Scheme
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  Case index catchwords

  PENSIONS — Early retirement — Firemen’s Pension Scheme — Scheme giving member right to retire at 50 conditional on permission of employer — Statute increasing normal minimum pension age from 50 to 55 — Exception provided where member having “actual or prospective right” to benefit at 5 April 2006 — No permission at that date for defendant member to serve early retirement notice — Whether member having “prospective right” to retire at 50 — Finance Act 2004 (c 12), Sch 36, para 22(4)(a)

  1 Statute considered

• R (CN) v Secretary of State for Health and Social Care

  04 Feb 2022 [2022] EWCA Civ 86; [2022] 4 WLR 73; [2022] WLR(D) 68, CA (Sir Geoffrey Vos MR, King, Dingemans LJJ)

  Subsequent citations: 6.
  HUMAN RIGHTS — Discrimination — Similar relevant status
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  Case index catchwords

  HUMAN RIGHTS — Discrimination — Similar relevant status — Claimant contracting hepatitis B from contaminated NHS blood transfusion — Ex gratia scheme supporting those contracting hepatitis C or HIV from unscreened contaminated blood supplied by NHS — Scheme not including those with hepatitis B since NHS blood screened for such virus — Whether those infected with hepatitis B in relevantly similar position to those infected with hepatitis C or HIV — Whether exclusion from scheme of those with hepatitis B justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1

  3 Case(s) considered

  1 Statute considered

• Thorpe v Frank

  07 Nov 2017 [2017] UKUT 427 (TCC), UT (Judge Elizabeth Cooke)

  14 Feb 2019 [2019] EWCA Civ 150; [2019] 1 WLR 6217; [2019] WLR(D) 101, CA (McCombe, David Richards, Newey LJJ)

  Subsequent citations: 2.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Owner of bungalow paving over triangle of land in front of bungalow — Triangle in fact part of title to neighbouring bungalow — Whether paving of triangle sufficient to constitute taking factual possession of triangle for purposes of adverse possession claim — Whether necessary to have prevented others from passing over triangle — Limitation Act 1980 (c 58), s 15, Sch 1, paras 1, 8(1)

  3 Case(s) considered

  1 Statute considered

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
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  Case index catchwords

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Camera di Commercio di Lecce v Manni (Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Salvatore Manni)

  09 Mar 2017 (Case C-398/15); EU:C:2017:197; [2018] Bus LR 25; [2017] WLR (D) 163, ECJ (President of Chamber M Ilešič, Judges A Prechal, A Rosas, C Toader, E Jarašiūnas Advocate General Y Bot)

  Subsequent citations: 7.
  DATA PROTECTION — Personal data — Access to

  EUROPEAN UNION — Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data
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  Case index catchwords

  DATA PROTECTION — Personal data — Access to — Data subject to disclosure in companies register — Director of insolvent company seeking to have details of insolvency removed or anonymised — Whether individuals entitled to request, after certain period of time elapsed, to limit access to personal data — First Council Directive 68/151/EEC, art 3 — Parliament and Council Directive 95/46/EC, art 6(1)(e)

  DATA PROTECTION — Personal data — Access to — European Union law requiring entry of personal data items in company register — Whether data subject having right to limit access to data after dissolution of company — First Council Directive 68/151/EEC (as amended by Parliament and Council Directive 2003/58/EC, art 3), arts 2, 3 — Parliament and Council Directive 95/46/EC, arts 6(1)(e), 12(b)

  EUROPEAN UNION — Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 6(1)(e) — Data subject to disclosure in the companies register — First Directive 68/151/EEC — Article 3 — Winding-up of the company concerned — Restriction of access to that data by third parties

  1 Case considered