A third party who would be prejudiced by a limitation direction sought by the company being restored to the Register of Companies was entitled to be heard in opposition to it.
 All ER (D) 385 (Mar) | Wed, 26/03/2003
If the English court properly applied s97 of the it should not in practice, because of the matters of which it had to be satisfied before doing so under s97(1)(a), (b) and (c), decide to enforce an external confiscation order where it would be contrary...
 All ER (D) 351 (Mar) | Mon, 24/03/2003
The ingredients of the offence of belonging, or professing to belong, to a proscribed organisation contrary to s11(1) of the were set out fully in that section. The defence contained in s11(2) of the Act imposed a legal rather than an evidential...
 All ER (D) 342 (Mar) | Fri, 21/03/2003
R (on the application of Naing) v Immigration Appeal Tribunal R (on the application of Eyaz) v Immigration Appeal Tribunal
Rule 18(6) of the Immigration Asylum Appeals (Procedure) Rules 2000 was plainly not ultra vires and did not seek to usurp to primacy of art3 of the European Convention on Human Rights and art33 of the Geneva Convention. Furthermore, on its true...
 All ER (D) 337 (Mar) | Fri, 21/03/2003
Whether or not a person fell within the protection of the Geneva Convention Relating to the Status of Refugees 1951 depended on the facts. Not all means of investigating suspected terrorist acts fell outside the protection of the convention. The mere...
 All ER (D) 302 (Mar) | Thu, 20/03/2003
The fact that an animal's behaviour, although not normal behaviour for animals of that species, was nevertheless normal behaviour for the species in the particular circumstances did not take the case outside s2(2)(b) of the .
 All ER (D) 305 (Mar) | Thu, 20/03/2003
Sepet v Secretary of State for the Home Department Bulbul v Secretary of State for the Home Department
There was currently neither a legal rule binding in international law nor authority which recognised a right to conscientious objection to compulsory military service, such as would give rise to a good case for refugee status if it were not respected...
 All ER (D) 306 (Mar) | Thu, 20/03/2003
The test the County Court should apply when considering a statutory appeal under s204A of the was to determine whether there was a strong prima facie case that the authority had prima facie exercised its discretion correctly. There was no question of...
 All ER (D) 294 (Mar) | Wed, 19/03/2003
Although it was not expressly a condition precedent to any reference to adjudication of a dispute as to an extension of time under the JCT standard form of building contract (1980 Edn), that the dispute should have first been referred to the architect...
 All ER (D) 281 (Mar) | Wed, 19/03/2003
Where there was no issue of fact a special adjudicator, on an appeal based upon art8 of the European Convention on Human Rights, was only concerned with the question whether the Secretary of State had struck a fair balance between the need for...
 All ER (D) 283 (Mar) | Wed, 19/03/2003