Part 1

• Case No.:

  1. Father of J (a child) v Mother [HL]

     • File size: 60kb

     • Matter: ".... applications for the summary return of children to countries which are not parties to the Hague Convention on the Civil Aspects of International Child Abduction ...."

  2. Impregilo SpA v Lesotho Highlands Development Authority [HL]

     • File size: 128kb

     • Matter: ".... jurisdiction of arbitrators under the Arbitration Act 1996 which are of great importance for the effective functioning of the statute ...."

  3. Fishermen & Friends of the Sea v Environment Management Authority of Trinidad & Tobago [PC]

     • File size: 53kb

     • Matter: "Trinidad has valuable offshore deposits of oil and natural gas, .... These have brought great economic benefits to Trinidad and Tobago but have also brought concerns about the environmental effects ...."

  4. Biolyse Pharma Corporation v Canada [SCC]

     • File size: 306kb

     • Matter: ".... “the balance struck under the Patent Act” in which the public gives an inventor the right to prevent anybody else from using his or her invention for a period of 20 years in exchange for disclosure of what has been invented ...."

  5. Canada v Vaid [SCC]

     • File size: 156kb

     • Matter: "The former Speaker of the House of Commons .... is accused of constructively dismissing his chauffeur, ...., for reasons that amount to workplace discrimination and harassment under the Canadian Human Rights Act ...."

  6. Ng v Max Share Ltd [CFA]

     • File size: 153kb

     • Matter: ".... vexatious litigant .... will almost invariably be unrepresented and will pursue abusive proceedings ...."

  7. Noise Control Authority v Step In Ltd [CFA]

     • File size: 75kb

     • Matter: ".... occupant of the flat above .... complained to the Noise Control Authority about the noise emanating from Chasers. Occupants of other flats also complained about that noise ...."

  8. Fyffes Plc v DCC Plc [SCIre]

     • File size: 99kb

     • Matter: ".... inspection of documents .... the documents are such as would normally be entitled to legal professional privilege .... it is claimed that Respondent waived that privilege."

  9. Kennedy v Law Society of Ireland [SCIre]

     • File size: 59kb

     • Matter: ".... “two-pronged investigation”. One prong of the investigation .... whether the appellant had complied with the Accounts Regulations. That was the only disclosed purpose of the investigation. The other prong, however, which was not originally disclosed, was the investigation of suspect litigation processed by the appellant ...."

  10. Johnson v California [USSC]

      • File size: 136kb

      • Matter: "... unwritten policy of racially segregating prisoners .... each time they enter a new correctional facility .... whether strict scrutiny is the proper standard of review for an equal protection challenge to that policy."

  11. Smith v Massachusetts [USSC]

      • File size: 50kb

      • Matter: "Midway through a jury trial, the judge acquitted petitioner of one of the three offenses charged .... whether the Double Jeopardy Clause forbade the judge to reconsider that acquittal later in the trial."

  12. Anjaleem Enterprises Pvt Ltd v Commissioner of Central Excise, Ahmedabad [SCInd]

      • File size: 64kb

      • Matter: "the appellant has claimed exemption, therefore, the burden was on the appellant to show that the programmed EPROM constituted a "recorded media" under tariff item 85.24 .... [The] matter was examined by the department which came to the conclusion that EPROM was basically a chip or an IC classifiable under tariff item ...."

  13. Bryson v Three Foot Six Ltd [NZSC]

      • File size: 80kb

      • Matter: "Mr. Bryson did work for Three Foot Six Ltd .... [W]hether he did so as an employee or as an independent contractor. Only if he was an employee can he pursue his personal grievance claims .... under the Employment Relations Act 2000."

  14. Povey v Qantas Airways Ltd [HCA]

      • File size: 215kb

      • Matter: ".... [appellant] alleged that, "[d]uring the course of or following the flights" from Sydney to London and return, he suffered from deep venous thrombosis ("DVT") caused by.... what was said to be cramped seating from which it was not easy to move, ...."

  15. Ame v Min for Immigration & Multicultural & Indigenous Affairs [HCA]

      • File size: 190kb

      • Matter: ".... on 16 September 1975 .... Papua New Guinea became an independent sovereign state .... This case concerns the citizenship changes that occurred on Independence Day."

Part 2

• Case No.:

  1. Mark v Mark [HL]

     • File size: 77kb

     • Matter: "whether a person can be either habitually resident or domiciled in England and Wales if her presence in the United Kingdom is a criminal offence under the Immigration Act .... whether our courts have jurisdiction .... to entertain her divorce petition."

  2. Spectrum Plus Ltd v National Westminster Bank Plc [HL]

     • File size: 222kb

     • Matter: ".... issue of major importance concerning the power of your Lordships' House to give a ruling in this 'prospective only' form. The bank argued the House has this power."

  3. Commissioner of Police v Cavanaugh [PC]

     • File size: 29kb

     • Matter: "For the first time .... Soufriere Hills volcano .... became active .... the Governor .... declared by proclamation that a state of public emergency existed .... direct that all unsafe areas be evacuated by a specified time ...."

  4. Smith & Nephew Inc v Glegg [SCC]

     • File size: 45kb

     • Matter: ".... physician’s duty of professional secrecy .... access to the psychiatric record kept by a physician consulted by a patient who is suing her attending physicians and the manufacturer of a metal prosthesis used by one of them ...."

  5. Chaoulli v Quebec [SCC]

     • File size: 305kb

     • Matter: "The demand for health care is constantly increasing, and one of the tools used by governments to control this increase has been the management of waiting lists ... [appellants] submit that the delays resulting from waiting lists violate their rights under the Charter ...."

  6. Intellectuals Forum v State of Andhra Pradesh [SCInd]

     • File size: 112kb

     • Matter: ".... at a jurisprudential level, it falls on this court to lay down the law regarding the use of public lands or natural resources, which have a direct link to the environment of a particular area, by the Government."

  7. Li v Bank of China (HK) Ltd [CFA]

     • File size: 63kb

     • Matter: ".... [appellant] claimed to be entitled to rescind the mortgages .... she had been procured to enter into them either by misrepresentations .... or by the undue influence of Mr. Li .... The Bank, it was said, had actual or constructive notice of these improprieties."

  8. Manchester City FC plc v Royle [CAEW]

     • File size: 38kb

     • Matter: "The number of points to its credit was such that .... relegation was inevitable. However, Mr. Royle remained in post until the last match ... He was then summarily dismissed [and] .... compensation payable would be based upon the fact that the Club was now in the First Division."

  9. Igen Ltd v Kay Wong [CAEW]

     • File size: 128kb

     • Matter: "three appeals from the Employment Appeal Tribunal .... they all raise questions on the interpretation and application of the statutory provisions comparatively recently introduced into the Sex Discrimination Act 1975 and the Race Relations Act 1976 ...."

  10. Stewart v Dutra Construction Co [USSC]

      • File size: 46kb

      • Matter: ".... whether a dredge is a “vessel” under the Longshore and Harbor Workers’ Compensation Act."

  11. Brown v Payton [USSC]

      • File size: 85kb

      • Matter: ".... jury instructions in the penalty phase of his trial for capital murder did not permit consideration of all the mitigation evidence.... the general mitigation instruction did not make it clear to the jury that it could consider evidence concerning Payton’s post-crime religious conversion ...."

  12. Rosenstein v State of Israel [SCIsr]

      • File size: 319kb

      • Matter: "An Israeli citizen is wanted in the United States, .... The State of Israel, in which he is present and in which the conspiracy was made, is being asked, on the basis of the extradition treaty between the two states, to extradite him."

  13. Saxena v Pandit [SCInd]

      • File size: 94kb

      • Matter: "appellant filed .... for dissolution of marriage under Section 13(1)(1-a) and (iii) of the Hindu Marriage Act, 1955 on the grounds of mental and physical cruelty and insanity ...."

  14. Fingleton v The Queen [HCA]

      • File size: 251kb

      • Matter: ".... appellant was the Chief Magistrate in Queensland. Following a trial .... she was convicted of an offence against s 119B of the Code, which prohibits unlawful retaliation against a witness."

  15. Polyaire Pty Ltd v K-Aire Pty Ltd [HCA]

      • File size: 69kb

      • Matter: "a person .... infringe the monopoly in a registered design if, without the licence or authority of the owner, that person .... 'applies the design or any fraudulent or obvious imitation of it to any article in respect of which the design is registered.'"

Part 3

• Case No.:

  1. Khadir v Sec of State for Home Department [HL]

     • File size: 55kb

     • Matter: "A person is 'liable to be detained' within the meaning of Schedule 2 to the Immigration Act 1971 where there is power to detain him even if it would not be a proper exercise of that power actually to do so."

  2. Carson v Secretary of State for Work and Pensions [HL]

     • File size: 135kb

     • Matter: "[appellant's] case is typical of .... UK pensioners living abroad .... she has paid the same national insurance contributions as a UK resident and should receive the same pension .... she claims that her treatment is incompatible with the prohibition of discrimination in article 14 of the European Convention ...."

  3. Attorney General for Jersey v Holley [PC]

     • File size: 118kb

     • Matter: ".... examination of the law relating to provocation as a defence or, more precisely, as a partial defence to a charge of murder."

  4. GreCon Dimter Inc v JR Normand Inc [SCC]

     • File size: 80kb

     • Matter: ".... a choice of forum clause in which the parties have opted for a foreign authority."

  5. Provincial Court Judges' Association of New Brunswick v New Brunswick (Min of Justice) [SCC]

     • File size: 200kb

     • Matter: ".... question of judicial independence and the need to maintain independence both in fact and in public perception."

  6. Sec of Justice v Bernard Lau [CFA]

     • File size: 101kb

     • Matter: ".... questions concerning the validity of provisions of the Public Officers Pay Adjustment Ordinance, and the Public Officers Pay Adjustments (2004/2005) Ordinance, which purported to reduce the pay of public officers, and .... whether the Ordinances are in breach of .... the Basic Law"

  7. Lo v Hong Kong Housing Authority [CFA]

     • File size: 57kb

     • Matter: "whether [the respondent Housing Authority] has the power to dispose of .... retail and carpark facilities within its housing estates to the Link Real Estate Investment Trust .... The issue concerns the legal capacity of the Authority and turns on the proper interpretation of the Housing Ordinance, ...."

  8. SB v Denbigh High School [CAEW]

     • File size: 109kb

     • Matter: "an appeal by SB against an order made by Bennett J .... whereby he dismissed her application for judicial review of a decision of the Headteacher and Governors of Denbigh High School, .... who had refused to allow her to attend the School if she was not willing to comply with their school uniform requirements."

  9. Precis (521) plc v William M Mercer Ltd [CAEW]

     • File size: 144kb

     • Matter: "Precis contends that Mercer owed it a duty of care with respect to .... the Acturial Valuation Report, ... and that accordingly Mercer is liable .... for professional negligence .... Mercer denies that it owed a duty of care .... [and] that by virtue of the Contracts (Rights of Third Parties) Act 1999 it is entitled to rely on the exclusion clause in the Confidential Agreement."

  10. City of Sherrill, NY v Oneida Indian Nation of NY [USSC]

      • File size: 77kb

      • Matter: "[the Tribe] resists the payment of property taxes to Sherrill on the ground that [its] acquisition of fee title to discrete parcels of historic reservation land revived the [Tribe's] ancient sovereignty .... Consequently, the Tribe maintains, regulatory authority .... no longer resides in Sherrill."

  11. Jackson v Birmingham Board of Education [USSC]

      • File size: 71kb

      • Matter: "Jackson, a teacher .... brought suit against the Birmingham Board of Education alleging that the Board retaliated against him because he had complained about sex discrimination in the high school’s athletic program."

  12. Fennell v Dublin City Council [SCIre]

      • File size: 137kb

      • Matter: "This case concerns important issues of retrospectivity in the application of the European Convention on Human Rights Act, 2003 which came into law on the 31st December, 2003 ...."

  13. Herut v Chairman for General Elections Committee for the Sixteenth Knessett [SCIsr]

      • File size: 64kb

      • Matter: "Herut approached .... Justice M. Cheshin [Elections Committee Chairman] .... requesting that he approve the following jingle for broadcast on radio, during the time set aside for election propaganda broadcasting, ...."

  14. Air Link Pty Ltd v Paterson [HCA]

      • File size: 280kb

      • Matter: ".... an apparent oversight of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) .... The pleader framed the claims .... for damages for common law negligence and breach of contract .... No such causes of action exist under Australian law in respect of air carriage injuries ...."

  15. Roncevich v Repatriation Commission [HCA]

      • File size: 143kb

      • Matter: ".... meaning of .... "defence-caused", "defence service" and "arose out of, or was attributable to, any defence service" as used in sub-ss (1) and (5) of s 70 of the Veterans' Entitlement Act 1986 (Cth)"

Part 4

• Case No.:

  1. Commissioner of Inland Revenue v Autologic Holdings Plc [HL]

     • File size: 171kb

     • Matter: "In 2002 Marks & Spencer Plc appealed against the refusal of group relief, on the ground that these statutory limitations on the territorial scope of group relief were incompatible with, and overridden by, Community law .... other international groups of companies showed interest in following Marks & Spencer's lead .... Inland Revenue [contends that] .... the loss relief group litigation .... are not properly justiciable in the High Court. Claims for group relief should be made to an inspector of taxes. If he wrongly refuses a claim the taxpayer should appeal to the General or Special Commissioners."

  2. Kehoe v Sec of State for Work & Pensions [HL]

     • File size: 124kb

     • Matter: "[Mrs. Kehoe] contends that, ...., the Child Support Act 1991 gives her a right to recover financial support for the children from Mr. Kehoe and that the provisions of the Act purporting to deny her a power of direct enforcement against him are inconsistent with .... article 6 of the European Convention on Human Rights."

  3. Jagdeo Singh v Trinidad & Tobago [PC]

     • File size: 46kb

     • Matter: "Mr. Jagdeo Singh, was convicted on two counts of corruption ...."

  4. R v Hamilton [SCC]

     • File size: 97kb

     • Matter: "The respondent .... offered for sale through the Internet access to a “credit card number generator” — in terms that extolled its use for fraudulent purposes .... he also offered for sale bomb “recipes” and information on how to commit burglaries."

  5. R v Marshall [SCC]

     • File size: 145kb

     • Matter: "Can members of the Mi’kmaq people in Nova Scotia and New Brunswick engage in commercial logging on Crown lands without authorization, contrary to statutory regulation? More precisely, do they have treaty rights or aboriginal title entitling them to do so?"

  6. PCCW-HKT Telephone Ltd v The Telecommunications Authority [CFA]

     • File size: 92kb

     • Matter: "the Authority issued a direction to .... PCCW to supply unbundled local loops to a competitor. PCCW appealed to the Appeal Board .... PCCW desired that the direction be suspended pending appeal .... the Authority submitted that the Appeal Board has no discretion to suspend."

  7. River Trade Terminal Co Ltd v Secretary for Justice [CFA]

     • File size: 57kb

     • Matter: "appellant began to allow .... “intra-Asia vessels”, .... to berth and to discharge and load their cargoes at the RTT. This, the government contends, is a breach of [Special Condition] 16."

  8. Robertson v Dept for Environment, Food & Rural Affairs [CAEW]

     • File size: 60kb

     • Matter: "They all argue that a comparison should be made between their pay and the higher pay received by two female civil servants, who worked at the relevant date as Senior Personal Secretaries in a different Government Department ...."

  9. R v Konzani [CAEW]

     • File size: 69kb

     • Matter: "In November 2000, the appellant was informed that he was HIV positive .... he was specifically informed of the risks of passing the infection on to any sexual partners, and its dire consequences. Thereafter he had sexual relationships the three complainants."

  10. Muehler v Mena [USSC]

      • File size: 51kb

      • Matter: "We hold that Mena’s detention in handcuffs for the length of the search was consistent with our opinion in Michigan v Summers, 452 U.S. 692 (1981), and that the officers’ questioning during that detention did not violate her Fourth Amendment rights."

  11. City of Rancho Palos v Abrams [USSC]

      • File size: 53kb

      • Matter: "When a federal statute creates a new right but fails to specify whether plaintiffs may or may not recover damages or attorney’s fees, we must fill the gap in the statute’s text by examining all relevant evidence .... The inquiry varies from statute to statute. Sometimes the question is whether, despite its silence, Congress intended us to recognize an implied cause of action."

  12. JF v DPP [SCIre]

      • File size: 52kb

      • Matter: ".... applicant obtained leave from the High Court to apply, by way of judicial review, for an order restraining the respondent from proceeding with the prosecution, essentially on the ground of delay .... [The] prosecutor filed a Statement of Opposition ...."

  13. Assn for Civil Rights in Israel v Chairman of General Elections Committee for the 16th Knessett [SCIsr]

      • File size: 48kb

      • Matter: "[Chairman of the Central Elections Committee] disqualified segments of two of Raam’s and Balad’s election propaganda broadcasts which displayed the Palestinian flag. [The] Association for Civil Rights in Israel, approached this Court with a petition for the invalidation of the Chairman's decision ...."

  14. 

      • File size: kb

      • Matter:

  15. Bankstown City Council v Alamdo Holdings Pty Ltd [HCA]

      • File size: 68kb

      • Matter: "beside the Land stormwater is carried by an unlined channel which runs in part within an easement and in part within a drainage reserve. The Council operates a drainage system to the south of the Land which collects stormwater."

Part 5

• Case No.:

  1. Sentence Review Commissioners v McClean [HL]

     • File size: 162kb

     • Matter: ".... the Northern Ireland (Sentences) Act 1998, .... The key feature .... is a declaration that a prisoner is eligible for release .... Such a declaration may be made in respect of a prisoner serving a life sentence ...."

  2. Roberts v The Parole Board [HL]

     • File size: 294kb

     • Matter: ".... whether the Parole Board, ...., is able, within the .... Criminal Justice Act 1991, and compatibly with article 5 of the European Convention .... (a) to withhold material relevant to the appellant's parole review from the appellant's legal representatives and instead (b) to disclose that material to a specially appointed advocate, who would represent the appellant ...."

  3. Marlborough Aquaculture Ltd v The Chief Executive, Ministry of Fisheries [PC]

     • File size: 68kb

     • Matter: "Section 67J(2) of the Fisheries Act 1983 provides that a marine farming permit shall only be issued to a person who holds a coastal permit granted under section 12 of the Resource Management Act 1991 for the area applied for .... how the relevant provisions of these two statutes are to be interpreted and implemented ...."

  4. Orbanski v Canada [SCC]

     • File size: 116kb

     • Matter: "whether police officers were authorized to ask the drivers about their prior alcohol consumption and, ...., to request the performance of sobriety tests at the roadside without first informing the driver of his right to counsel"

  5. Canada v Toronto Star Newspapers Ltd [SCC]

     • File size: 39kb

     • Matter: "It is now well established that court proceedings are presumptively “open” in Canada. Public access will be barred only when the appropriate court, in the exercise of its discretion, concludes that disclosure would subvert the ends of justice or unduly impair its proper administration."

  6. Smith v City of Jackson, Mississippi [USSC]

     • File size: 110kb

     • Matter: "Petitioners, .... contend that salary increases received in 1999 violated the Age Discrimination in Employment Act of 1967 because they were less generous to officers over the age of 40 .... [Suit] raises the question whether the “disparate-impact” theory of recovery announced in Griggs v Duke Power Co., 401 U.S. 424 (1971), for cases brought under Title VII of the Civil Rights Act of 1964, is cognizable under the ADEA."

  7. Bates v Dow Agroscience LLC [USSC]

     • File size: 75kb

     • Matter: "Petitioners [Texas peanut farmers] allege that .... their crops were severely damaged by the application of respondent’s newly marketed pesticide named “Strongarm.” .... whether the Federal Insecticide, Fungicide, and Rodenticide Act pre-empts their state-law claims for damages."

  8. National Association of Health Stores v Department of Health [CAEW]

     • File size: 112kb

     • Matter: "application to strike down two measures adopted under statutory powers by the Secretary of State for Health. The principal measure was an Order made under the Medicines Act 1968 prohibiting the sale for medicinal purposes of kava-kava, a widely used herbal anxiolytic ...."

  9. Layla Uddin (a child) v Birmingham City Council [CAEW]

     • File size: 107kb

     • Matter: ".... case returned to the Court of Appeal .... for further consideration of the refusal of the Court of Appeal to grant permission to appeal on the 4th March 2004. The further application is made subject to the principles in Taylor v Lawrence ...."

  10. Crompton BV v Leo Laboratories Ltd [SCIre]

      • File size: 58kb

      • Matter: "If the claim is not properly made under Article 5(3), the Irish courts have no jurisdiction .... Alternatively, if the contract contains a term conferring exclusive jurisdiction on the Dutch Courts, that will prevail over any claimed special jurisdiction pursuant to Article 5."

  11. Upadhyay v State of Andhra Pradesh [SCInd]

      • File size: 77kb

      • Matter: "Presently, we are considering mainly the issue of directions for the development of children who are in jail with their mothers, who are in jail either as under-trial prisoners or convicts. Children, for none of their fault, but per force, have to stay in jail with their mothers."

  12. Bharat Sanchar Nigam Ltd v Union of India [SCInd]

      • File size: 120kb

      • Matter: "Goods do not include electromagnetic waves or radio frequencies for the purpose of Article 366(29A)(d). The goods in telecommunication are limited to the handsets supplied by the service provider."

  13. Sungsuwan v The Queen [SCNZ]

      • File size: 152kb

      • Matter: "".... particular acts or omissions of counsel may in retrospect be seen to have possibly affected the outcome but they were deliberately judged at the time to be in the interests of the accused. In some cases the accused will have agreed or acquiesced – only to complain after conviction."

  14. Jarratt v Commissioner of Police of NSW [HCA]

      • File size: 224kb

      • Matter: "The issues concern the application of the requirements of natural justice to the removal of Mr. Jarratt from the office of Deputy Commissioner, ...., and the consequences of a failure to comply with those requirements."

  15. Ruddock v Taylor [HCA]

      • File size: 262kb

      • Matter: "Following each decision to cancel his visa, the appellant was detained in immigration detention. The first period of detention lasted 161 days, the second 155 days. For some time during each period of detention he was kept in prison .... After his release he brought action .... claiming damages for false imprisonment."

Part 6

• Case No.:

  1. Gregg v Scott [HL]

     • File size: 240kb

     • Matter: "A patient is suffering from cancer. His prospects are uncertain .... doctor negligently misdiagnoses his condition .... necessary treatment is delayed for months .... prospects of recovery become nil or almost nil. Has the patient a claim for damages against the doctor?"

  2. Concord Trust v Law Debenture Trust Corporation Plc [HL]

     • File size: 60kb

     • Matter: ".... it is not a matter of surprise that Condition 10(d) of the Bond Terms entitled the Trustee in certain circumstances to require the supervisory board of Elektrim SA to appoint to its management board a person nominated by the holders of not less than 25 per cent in value."

  3. Tiwari v The State of Trinidad & Tobago [PC]

     • File size: 44kb

     • Matter: ".... how appellate courts should determine the date from which an unsuccessful appellant's sentence should run."

  4. Attorney General for Gibraltar v Shimidzu [PC]

     • File size: 51kb

     • Matter: ".... whether the provisions of section 232 of the Criminal Procedure Ordinance 1952 [on costs order against convicted defendants] violate the provisions of the Constitution of Gibraltar."

  5. Imperial Tobacco Canada Ltd v British Columbia [SCC]

     • File size: 169kb

     • Matter: "Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, authorizes an action by the government of British Columbia against a manufacturer of tobacco products for the recovery of health care expenditures incurred by the government in treating individuals exposed to those products."

  6. Pace v Diguglielmo [USSC]

     • File size: 62kb

     • Matter: "As in Artuz, we are guided by the “common usage” and “commo[n] underst[anding]” of the phrase “properly filed.” Id., at 8, 9. In common understanding, a petition filed after a time limit, and which does not fit within any exceptions to that limit, is no more “properly filed” than a petition filed after a time limit that permits no exception."

  7. Pasquantino v United States [USSC]

     • File size: 93kb

     • Matter: "At common law, the revenue rule generally barred courts from enforcing the tax laws of foreign sovereigns. The question presented in this case is whether a plot to defraud a foreign government of tax revenue violates the federal wire fraud statute, 18 U.S.C. § 1343 (2000 ed., Supp. II)."

  8. Jones v Reg [HL]

     • File size: 167kb

     • Matter: "... all the demonstrators said that their actions were justified, not only morally but also legally, because they were aimed at preventing a greater evil, namely the war in Iraq and its probable consequences."

  9. Brunce v Postworth Ltd [CAEW]

     • File size: 56kb

     • Matter: "appeal which is concerned with .... use of workers supplied by an employment agency to a client in situations where, in the past, the worker would normally have been regarded as the employee of either the employment agency or the client."

  10. O'Brien v Justice M Moriarty [SCIre]

      • File size: 164kb

      • Matter: "The standard to be met on [an application for leave for judicial review] is, as stated in G v Director of Public Prosecutions [1994] 1 I.R. 374: per Finlay CJ: “... that the facts averred in the affidavit would be sufficient, if proved, to support a stateable ground for the form of relief sought by way of judicial review” ..."

  11. Air Canada v Canadian Human Rights Commissiion [SCC]

      • File size: 59kb

      • Matter: "To determine whether an employer is discriminating in remunerating male and female employees, comparisons must inevitably be made among groups of employees ... But before they can be made, it is necessary first to determine which group or groups of employees can be compared ..."

  12. Commissioner of Customs, Chennai v Pentamedia Graphics Ltd [SCInd]

      • File size: 25kb

      • Matter: "learned counsel appearing for the Revenue contended that the imported goods are only data and not programme or set of instructions and therefore not covered under the notification. He further contended that the imported files were mere information and not capable of being manipulated by automatic data processing machine."

  13. 

      • File size: kb

      • Matter: ""

  14. Doyle v Australian Securities & Investment Commission [HCA]

      • File size: 48kb

      • Matter: "After a trial ... Roberts-Smith J made a declaration ... that the appellant, .., by his presence and voting at board meetings of [the Company] ... and by signing a Circular Resolution .., while being a director of the Company, had made improper use of his position as a director ..."

  15. NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [HCA]

      • File size: 234kb

      • Matter: "Undue delay in decision-making, whether by courts or administrative bodies, is always to be deplored. However, that comfortable generalisation does little to advance the task of legal analysis when it becomes necessary to examine the consequences of delay. The circumstances in which delay, of itself, will vitiate proceedings, or a decision, are rare."

Part 7

• Case No.:

  1. Fraser v Canterbury Diocesan Board of Finance [HL]

     • File size: 81kb

     • Matter: "The historical background to the [School Sites Act 1841] and the facts directly relevant to this appeal reflect the slow and sometimes contentious development of universal elementary education in this country over two centuries. At the beginning of the 19th century the general state of education was very bad."

  2. Jackson v Attorney General [HL]

     • File size: 267kb

     • Matter: "The appellants all, in differing ways, have an interest in fox-hunting. They wish that activity to continue. They challenge the legal validity of the Hunting Act 2004 which, on its face, makes it an offence to hunt a wild mammal with a dog ..."

  3. Barlow Clowes International Ltd v Eurotrust International Ltd [PC]

     • File size: 39kb

     • Matter: "Mr. Peter Clowes ... operated a fraudulent off-shore investment scheme purporting to offer high returns from the skilled investment of funds in UK gilt-edged securities. He attracted about £140 million, mainly from small UK investors."

  4. Leonelli-Contino v Contino [SCC]

     • File size: 181kb

     • Matter: "As a result of having Christopher with him for an additional night each week ... the father requested a reduction in child support based on the s. 9 shared custody provisions, but the mother refused."

  5. E.B. v Order of the Oblates of Mary Immaculate in the Province of British Columbia [SCC]

     • File size: 141kb

     • Matter: "Children who have suffered sexual abuse in residential schools are extremely vulnerable people ... To impose vicarious liability on the school, the law requires “a strong connection between what the employer was asking the employee to do (the risk created by the employer’s enterprise) and the wrongful act."

  6. Small v US [USSC]

     • File size: 60kb

     • Matter: "The question before us focuses upon the words “convicted in any court.” Does this phrase apply only to convictions entered in any domestic court or to foreign convictions as well? We hold that the phrase encompasses only domestic, not foreign, convictions."

  7. Gonzales v Raich [USSC]

     • File size: 198kb

     • Matter: "California ... authorize[s] the use of marijuana for medicinal purposes ... [W]hether the power vested in Congress by Article I, §8, of the Constitution “[t]o make all Laws which shall be necessary and proper for carrying into Execution” its authority to “regulate Commerce with foreign Nations, and among the several States” includes the power to prohibit the local cultivation and use of marijuana in compliance with California law."

  8. Crofts v Cathay Pacific Airways Ltd [CAEW]

     • File size: 96kb

     • Matter: "whether an Employment Tribunal had jurisdiction ... The appellants are air pilots. They ... live in this country. They were employed, under contracts of employment with companies registered in Hong Kong, to pilot aircraft owned by Cathay Pacific Airways Ltd. They were dismissed."

  9. Michael Douglas v Hello! Ltd [CAEW]

     • File size: 311kb

     • Matter: "The guests [to the Douglases' wedding] began arriving ... There were speeches, entertainers, music, and dancing ... [It] transpired that a paparazzo, ... had infiltrated the reception, and surreptitiously taken photographs, including some of the bride and groom ..."

  10. O'Brien v DPP [SCIre]

      • File size: 38kb

      • Matter: "Whether, ... an accused person, who has been arrested and detained ... has been consciously and deliberate deprived of his constitutional right of access to his solicitor ... the trial Judge should, as a matter of law, rule that the entire period of the detention thereafter is ... unlawful and rule as therefore inadmissible in evidence all inculpatory statements made at any time in the course of the period of detention ..."

  11. 

      • File size:

      • Matter: ""

  12. Prakash Singh v India [SCInd]

      • File size: 56kb

      • Matter: "When the recommendations of National Police Commission were not implemented, ... this petition under Article 32 [Constitution of India] was filed ... praying for issue of directions to Government of India to frame a new Police Act on the lines of the model Act drafted by the Commission"

  13. Felton v Johnson [NZSC]

      • File size: 42kb

      • Matter: "Venning J held that the franchisees were creditors of Mr. Johnson [adjudicated bankrupt] ... for the purposes of s 47 [Property (Relationships) Act 1976]. The Judge ... found that there was an imbalance ... between what was received by Mrs. Johnson and her actual entitlement under the Act and that the [matrimonial property] agreement therefore had the effect of defeating creditors."

  14. Neindorf v Junkovic [HCA]

      • File size: 168kb

      • Matter: "... the appellant, as occupier of the premises, owed the respondent a duty of care. The issue concerns the standard of care owed by the appellant to the respondent, and whether there was, in the circumstances of the case, a breach of duty."

  15. Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [HCA]

      • File size: 45kb

      • Matter: "In conducting its review, the Tribunal did not tell the appellant that it had received the letter; the Tribunal did not tell the appellant that the allegations made in the letter had been made; the Tribunal did not ask the appellant about the substance of any of the allegations made in the letter."

Part 8

• Case No.:

  1. Mersey Care National Health Service Trust v Munjaz [HL]

     • File size: 204kb

     • Matter: "Mersey Care National Health Service Trust, as managers of Ashworth Hospital, implemented a written policy governing the seclusion of patients detained at the hospital ... whether that policy is unlawful, ... inconsistent with the domestic law of England and Wales or because it fails to comply with the European Convention on Human Rights."

  2. Synthon BV v Smithkline Beecham Plc [HL]

     • File size: 97kb

     • Matter: "proceedings arise out of the more or less simultaneous discovery in about 1997 by the appellants ... and the respondents ... that a different paroxetine salt, paroxetine methanesulfonate ("PMS"), has properties which make it more suitable for pharmaceutical use."

  3. Century National Merchant Bank Ltd v Davies [PC]

     • File size: 52kb

     • Matter: "appeals ... concern the lawfulness of action taken by the Minister of Finance ... under statutory powers to assume temporary management of three financial institutions, and the remedies available to aggrieved parties in the event of unlawfulness."

  4. Hilewitz v Minister of Citizenship & Immigration [SCC]

     • File size: 136kb

     • Matter: "appeals involve the interpretation of a provision of the Immigration Act, denying admission to persons who would cause “excessive demands” on Canadian social services as a result of a health impairment."

  5. The Lego Case [SCC]

     • File size: 113kb

     • Matter: "After the expiry of the last LEGO patents in Canada, the respondent began manufacturing and selling similar bricks, using the same locking method. Kirkbi is now relying on an unregistered trade-mark, the “LEGO indicia”, which consists of the well-known geometrical pattern of raised studs on the top of the bricks as the basis for a claim of passing off."

  6. Johanns v Livestock Marketing Association [USSC]

     • File size: 80kb

     • Matter: "For the third time ... we consider whether a federal program that finances generic advertising to promote an agricultural product violates the First Amendment. In these cases, unlike the previous two, the dispositive question is whether the generic advertising at issue is the Government’s own speech and therefore is exempt from First Amendment scrutiny."

  7. Granholm v Heald [USSC]

     • File size: 170kb

     • Matter: "... cases present challenges to state laws regulating the sale of wine from out-of-state wineries to consumers in Michigan and New York ... It is evident that the object and design of the Michigan and New York statutes is to grant in-state wineries a competitive advantage over wineries located beyond the States’ borders."

  8. Curtin v Clerk of Dáil Éireann [SCIre]

     • File size: 213kb

     • Matter: "... the Court is asked to interpret the provisions of Article 35.4.1 of the Constitution regarding the parliamentary procedure for the removal of judges from office."

  9. 

     • File size:

     • Matter: ""

  10. Cirpaci v Min for Justice [SCIre]

      • File size: 54kb

      • Matter: "The legitimate interest of the State in the control of immigration frequently conflicts with claims of migrants based on family reunification."

  11. Union of India v Dwarka Prasad Tiwari [SCInd]

      • File size: 40kb

      • Matter: ".... the Court should not interfere with the administrator's decision unless it was illogical or suffers from procedural impropriety or was shocking to the conscience of the Court, in the sense that it was in defiance of logic or moral standards."

  12. State of Punjab v Amritsar Beverages Ltd [SCInd]

      • File size: 25kb

      • Matter: ".... that fulfillment of the conditions .... in the proviso contained in Clause (b) of Sub-section (3) of Section 14 [General Sales Tax Act, 1948] are imperative in character, the authorities may take recourse to the aforementioned procedure in respect of seizure of a hard disk."

  13. L v The Queen [NZSC]

      • File size: 87kb

      • Matter: "appellant was found guilty on the attempted sexual violation .... The 15 year old complainant testified that the appellant had grabbed his penis and tried to put it into her vagina. He said he would not let it go in. She tried doing it a couple of times and he then stopped her ...."

  14. Ringrow Pty Ltd v BP Australia Pty Ltd [HCA]

      • File size: 55kb

      • Matter: "The law of penalties, in its standard application, is attracted where a contract stipulates that on breach the contract-breaker will pay an agreed sum which exceeds what can be regarded as a genuine pre-estimate of the damage likely to be caused by the breach."

  15. New South Wales v Bujdoso [HCA]

      • File size: 71kb

      • Matter: "Silverwater Prison is a prison in and conducted by the State of New South Wales. The issue in the appeal is whether the State was in breach of its duty of care to the respondent when he was assaulted during his imprisonment there."

Part 9

• Case No.:

  1. Sec of State for the Dept of Health v MH [HL]

     • File size: 56kb

     • Matter: "How can a patient who is so severely mentally disordered that she cannot apply to a court or tribunal challenge her detention in hospital?"

  2. Rimmington v Regina [HL]

     • File size: 165kb

     • Matter: "These appeals, heard together, raise important and difficult questions concerning the definition and ingredients, today, of the common law crime of causing a public nuisance."

  3. Merson v Cartwright [PC]

     • File size: 48kb

     • Matter: "the appellant ..., established her entitlement against the respondents, ..., and the Attorney General of the Bahamas, to damages for assault and battery, false imprisonment, malicious prosecution and contravention of her constitutional rights."

  4. Clingham v Beaver [USSC]

     • File size: 107kb

     • Matter: "Oklahoma has a semi-closed primary system, in which a political party may invite only its own party members and voters registered as Independents to vote in the party’s primary. The Court of Appeals held that this system violates the right to freedom of association of the Libertarian Party of Oklahoma ..."

  5. Cutter v Wilkinson [USSC]

     • File size: 70kb

     • Matter: "In response to petitioners’ complaints, respondent prison officials have mounted a facial challenge to the institutionalized-persons provision of RLUIPA; respondents contend, inter alia, that the Act improperly advances religion in violation of the First Amendment’s Establishment Clause."

  6. Merk v International Association of Bridge [SCC]

     • File size: 96kb

     • Matter: "the respondent trade union seeks to narrow the protection given to employees under the Saskatchewan “whistleblower” legislation ... The somewhat unusual situation ... arises from the fact that the respondent union is itself being prosecuted by one of its own employees ..."

  7. Medovarski v Min of Citizenship & Immigration [SCC]

     • File size: 96kb

     • Matter: "words of this statute, ..., must be interpreted having regard to the object, text and context of the provision, considered together: ... In interpreting s. 196 to determine whether it eliminates appeals for permanent residents for whom a stay from an order for removal had been granted, I consider the purpose of the IRPA and its transitional provisions, the French and English text ..."

  8. Harding v The Pub Estate Co Ltd [CAEW]

     • File size: 42kb

     • Matter: "The courts have become increasingly familiar in recent years with claims by employees for damages for personal injuries caused by stress at work."

  9. Hyperion Records Ltd v Dr Sawkins [CAEW]

     • File size: 98kb

     • Matter: "Does copyright subsist in modern performing editions of the out-of-copyright music of Michel-Richard de Lalande, the principal court composer at the courts of Louis XIV and Louis XV?"

  10. Min for Health & Children v PJ Carrol & Co Ltd [NZSC]

      • File size: 31kb

      • Matter: "The appellants ... point out that the litigation relates to alleged unconstitutionality of anti-smoking legislation and that notwithstanding the factual admissions referred to by Kelly J. the proportionality of the impugned measures is heavily in issue."

  11. 

      • File size: kb

      • Matter: ""

  12. Directorate General of Doordarshan v Anand Patwardhan [SCInd]

      • File size: 54kb

      • Matter: "... appellant in the present matter is Doordarshan who have decided not to telecast the documentary film made by the respondent titled "Father, son and Holy War". The respondent is a filmmaker."

  13. Peterson Portable Sawing Systems v Lucas [NZSC]

      • File size: 71kb

      • Matter: "... we are presented only with the issue of whether claim 7 ... is invalid on the grounds of lack of novelty and obviousness ..."

  14. Bhola v Trinidad and Tobago [PC]

      • File size: 39kb

      • Matter: "their Lordships ... direct that the time between the appellant’s conviction and the determination of his appeal should count as part of his term of imprisonment which should be deemed to run as from the date of his conviction ..."

  15. 

      • File size: kb

      • Matter: ""

Part 10

• Case No.:

  1. Sec of State for Foreign Affairs v Quark Fishing Ltd [HL]

     • File size: 133kb

     • Matter: "This appeal raises a question on the territorial reach of the Human Rights Act 1998. South Georgia and the South Sandwich Islands are in the remote south Atlantic. They are a British overseas territory as defined in the British Overseas Territories Act 2002, but they are not part of the United Kingdom."

  2. R v Soneji [HL]

     • File size: 139kb

     • Matter: "The purpose of confiscation proceedings is to recover the financial benefit that the offender obtained from his criminal conduct."

  3. Panday v Gordon [PC]

     • File size: 48kb

     • Matter: "This defamation action arises out of what Mr. Panday said on that occasion. The plaintiff ... is a well-known businessman. He was chairman of a large media house which operates several newspapers and a television station ..."

  4. Deck v Missouri [USSC]

     • File size: 114kb

     • Matter: "We hold that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is “justified by an essential state interest” – such as the interest in courtroom security – specific to the defendant on trial."

  5. Lingle v Chevron USA Inc [USSC]

     • File size: 50kb

     • Matter: "... in Agins v City of Tiburon, 447 U.S. 255 (1980), the Court declared that government regulation of private property “effects a taking if [such regulation] does not substantially advance legitimate state interests ....” [T]his language has been ensconced in our Fifth Amendment takings jurisprudence."

  6. Mikisew Cree First Nation v Copps [SCC]

     • File size: 92kb

     • Matter: "The fundamental objective of the modern law of aboriginal and treaty rights is the reconciliation of aboriginal peoples and non-aboriginal peoples and their respective claims, interests and ambitions. The management of these relationships takes place in the shadow of a long history of grievances and misunderstanding."

  7. Landor & Hawa International Ltd v Azure Designs Ltd [CAEW]

     • File size: 65kb

     • Matter: "whether Landor enjoys UKUDR protection in respect of the Expander Design, ... whether UKUDR protection is excluded because the Expander Design constitutes "a method or principle of construction"."

  8. Chirnside v Fay [NZSC]

     • File size: 230kb

     • Matter: "whether parties to a joint venture owe each other fiduciary duties; what remedy is appropriate for breach of such duties; and whether, in arriving at a remedy, a fiduciary ... should be given an allowance for the effort he has made in bringing the venture to profit."

  9. D.O. v DPP [SCIre]

     • File size: 76kb

     • Matter: "On any consideration of the nature and course of the cross-examination of the accused by counsel for the D.P.P., ... one is driven to the conclusion that the jury were improperly influenced ..."

  10. Sheedy v The Information Commissioner [SCIre]

      • File size: 118kb

      • Matter: "The Irish Times, applied to the Department of Education under the Freedom of Information Act, 1997, for access to a number of Tuairiscí Scoile, including the report written in respect of the appellant’s school. The Department refused to grant such access, ..."

  11. Mansfield v Director or Public Prosecutions (Western Australia) [HCA]

      • File size: 89kb

      • Matter: "The first ground taken by the primary judge is that, in the exercise of its jurisdiction under the [Criminal Property Confiscation Act 2000], ... the Supreme Court cannot, in the exercise of its discretion, require the provision by the [DPP] of an undertaking as to damages ..."

  12. Avas Vikas Sansthan v AVS Engineers Association [SCInd]

      • File size: 77kb

      • Matter: "It was submitted ... that abolition of posts is a matter of policy and is an inherent right of the employer particularly on the closure of a project due to lack of funds and heavy loss. The natural consequence of abolition of posts in any organization is the termination of services of the employees engaged ..."

  13. Barrett v Rosenthal [SCCalif]

      • File size: 137kb

      • Matter: "These provisions (Communications Decency Act of 1996, s.230(c)(1), (e)(3)) have been widely and consistently interpreted to confer broad immunity against defamation liability for those who use the Internet to publish information that originated from another source. The immunity has been applied regardless of the traditional distinction between "publishers" and "distributors.""

  14. 

      • File size: kb

      • Matter: ""

  15. CSR Ltd v Maddalena [HCA]

      • File size: 242kb

      • Matter: "... the Full Court concluded that the respondent "suffered a psychiatric injury caused by his exposure to asbestos ... and that his injury was caused by the [appellants'] negligence". Because of an unresolved conflict as to the respective liabilities of the former employers the Full Court ordered that the proceedings be remitted ..."