ICLR ONLINE. USER GUIDE.
Contents
1. Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment 2004 EWCA Civ 1394 2005 B 699 1990 Cm 1775 art 14 1 9 808 CA In two separate actions the claimants made allegations that they had been systematically tortured imprisoned in Saudi Arabia and claimed damages for the resulting psychological problems they suffer returning to the United Kingdom The claimant in the first action made claims against the Kingdom of Saudi and the officials allegedly responsible for the torture including allegations of assault battery trespass an imprisonment In the second action three claimants made claims against four named individuals including in negligence against the third and fourth defendants The Kingdom of Saudi Arabia claimed state immuni preliminary hearings the claim against the Kingdom of Saudi Arabia was dismissed and permission to ser individual defendants out of the jurisdiction was refused on the ground of state immunity On appeals by the claimants Subsequent Consideration Held 1 affirming the dismissal of the claim against the Kingdom of Saudi Arabia that a state by reasor status was entitled to claim immunity against suit ratione personae in an English court under section 1 1 Cases Considered State Immunity Act 1978 and although torture was prohibited under international law no express or ir exception to immunity existed where acts of tafi amp ure were alleged and that ac2. ICLR ONLINE USER GUIDE ICLR Online User Guide v 2 February 2014 TABLE OF CONTENTS GETTING STARTED 4 ICLR ONLINE CASE LAW UPDATE EMAIL SERVICE 6 ICLR ONLINE INTERFACE AND NAVIGATION 9 CASE SEARCH 12 CASE RESULTS 17 CASE VIEW 19 VIEWING THE PDF VERSION OF A CASE REPORT 22 LINKING TO CASES AVAILABLE ON BAILII 23 CITATOR 24 THE BRIEFCASE 27 ICLR JUDICIAL TREATMENT TYPES 29 GLOSSARY 30 COVERAGE AND CITATIONS 31 ICLR ONLINE USER GUIDE GETTING STARTED Minimum System Requirements Windows XP or later Mac OS X or later ICLR Online will work on most internet browsers but for the optimum experience it is recommended that you use the service on the following internet browsers Internet Explorer 10 or later Google Chrome Mozilla Firefox 15 or later Safari 5 or later JavaScript enabled Cookies and frames enabled in the browser ICLR Online also works on most popular mobile and tablet devices including Apple iPad and Android based tablets Logging on to ICLR Online Open the main ICLR home page at www iclr co uk Click on the grey Register Login button or the red Go to ICLR Online button both of which are located on the top right hand corner of the screen Enter your Username and Password into the Existing Users Login form pictured and then click on the red Login button When the Account Overview page appears click on the red Go to ICLR Online button The ICLR Online Welcome Pag
3. D38 25 Feb 2014 European Union Public procurement Contract review procedure Fastweb v ASL Alessandria 201 3 PTSR D43 25 Feb 2014 Tort Joint tortfeasors Cbmmon Latest Case Summaries click case to view Discrimination Sex Equal treatment Betriu Montull v INSS 2013 ICR 1323 25 Feb 2014 Employment Unfair dismissal Constructive dismissal Blackburn v Aldi Stores Ltd 2013 ICR D37 25 Feb 2014 Industrial relations Employment Appeal Tribunal Appeal to Dozie v Addison Lee plc 2013 ICR D38 25 Feb 2014 European Union Public procurement Contract review procedure Fastweb v ASL Alessandria 2013 PTSR D43 25 Feb 2014 Tort Joint tortfeasorg Common Latest Law Reports click case to view 10 Discrimination Sex Equal treatment Betriu Montull v INSS 2013 ICR 1323 25 Feb 2014 Employment Unfair dismissal Constructive dismissal Blackburn v Aldi Stores Ltd 2013 ICR D37 25 Feb 2014 Industrial relations Employment Appeal Tribunal Appeal to Dozie v Addison Lee plc 2013 ICR D38 Q25 Feb 2014 European Union Public procurement Contract review procedure Fastweb v ASL Alessandria 2013 PTSR D43 Q25Feb 2014 Tort Jointtortfeaqors Common Latest Case Notes click case to view Case View Display The Case View Display screen consists of four components e he Case Navigation Bar this toolbar allows you to scroll
4. Neutral citation references are also deep linked to BAILII on the Index Card Click on the blue hyperlink on the Citator Overivew to view the corresponding transcript on BAILII Citator Prest v Prest Alternative Case Petrodel Resources Ltd v Prest Ships Names Date of Judgment 26 Oct 2012 CA Court 12 Jun 2013 SCIE Publication Heferences 2012 EWCA Civ 1385 2013 2 AC 415 2013 2 WLR 557 2013 1 AM EH 795 2012 WLR 0 286 CA 2013 URKSC 34 2013 2 AC 415 2013 3 WLR 1 2013 WLR D 237 SC E 22 CITATOR What is Citator The Citator database indexes and stores information about all cases published by leading English case report series including but not limited to those cases published by the ICLR Citator displays this information in the form of Citator Overviews What are Citator Overviews Citator Overviews are unique to ICLR Online They display in one place all the indexed information about a particular case including e Any alternative names under which the case may be known e Any ships names involved in the case e Dates of all judgment s given in the course of the litigation if reported by ICLR e Names of judges and or courts e Publication references for ICLR series and other leading case reports of the judgments given in the case at each hearing level e Subject matter catchwords e Appellate history of the case showing the effect of any appeal s on earlier hearings e
5. jurisdiction Not followed The court has declined to follow a decision of a court of coordinate jurisdiction in a case where the facts were the same or substantially the same Disapproved The court disagrees with a previous decision but either it is not necessary for the purpose of the case before it to overrule the previous decision or both courts being of coordinate jurisdiction there is no power to overrule the previous decision Overruled The court decides that a previous decision of a court of inferior jurisdiction in unrelated proceedings is wrong Departed from The Supreme Court has decided not to follow its own previous decision 28 GLOSSARY Briefcase A tool which allows the user to store and retrieve cases needed for future reference by creating bundles and saving documents into them Bundle a folder created within the briefcase containing links to case reports or index cards Case Report the published report of a judgment including a headnote keywords lists of cases cited a note of the appearances and a summary of the procedural history and background facts Catchwords see Keywords Citation a generic term for case references using either case numbers or publication references Digest a summary report of a judgment indicated by a D before the page number in the publication reference Dynamic view the display of the case report as a continuous document with internal and external hyperlinks as
6. located at the top of the page e Click on the red Register Now button e Complete Step 1 of the New User Registration form and click on the red Continue button New User Registration Step 2 of 2 Please enter your details are required fields Email Address danielhoadley msn com wish tn receive emails about Email Alerts Renewal Reminders Special promotions Forgotten password Username daniel hoadley icirco uk Password s _1 Passwords should contain a mix of letters and numbers and be atleast 7 characters long RepeatPassword Passwords are case sensitive Choose a security question and response Ouestian Your Favourite film Response Mary Poppins amp Back to Step 1 Submit e Complete Step 2 of the New User Registration form ensuring that the Email Alerts checkbox is ticked Then click on the red Submit button e Upon completion of the process you will be taken to your My Account area and will receive the weekly email alert e Note If you would like to make sure that your ICLR Online email alerts arrive safely in your email inbox please take a moment to add alerts iclr co uk to your address book ICLR ONLINE INTERFACE AND NAVIGATION Navigating ICLR Online is straightforward and intuitive Following successful completion of the login process you will be taken to the ICLR Online welcome page From here you can begin searching our archive of case law which stretch
7. names e Citation searches for cases according to the specified citation entered e Free Text searches for cases according to words or phrases entered into the field 12 The Advanced Search Form To open Advanced Search click on the green Advanced Search bar This will expand the Advanced Search form and collapsed the simple form Search ICLR Online a Dashboard Q Searci Q Search Q Advanced Search Case name s Enter one or more words in the case name Citation Enter a Meutral Citation or publication reference Free text Enter words or phrases in quotes from a document Catchwords Enter subject matter keyword or phrases Date range Date range On or after this date On or before this date Judge Enter judge name s Court Other specify Enter court name or abbreviation The Advanced Search form consists of the same search fields as Simple Search Case Name s Citation and Free Text in addition to the following advanced search fields e Catchwords looks for words and phrases in the keywords or catchwords of the report as contained in the Subject Matter tab of the index card e Date looks for cases reported on or after a specified date or within a specified date range e Judge looks for cases according to the name of a specified judge e Court looks for cases according to the court selected from the drop down menu or specified in the Other specify field To collapse Advanced Search form
8. opposed to PDF page display EU case number a case number set by the Court of Justice of the European Union which uniquely identifies either the judgment of the General Court EGC formerly Court of First Instance or CFI or the judgment and the opinion of the Advocate General in the Court of Justice ECJ eg Case C 441 07 Index Card document generated from the index database containing the most complete and up to date information about a case at all hearing levels and its relationship to other cases and legislation Keywords also known as catchwords a series of words and phrases used to locate a case report in a hierarchical or tree structured taxonomy of subject matters The words appear at the top of the case report and are replicated under the Subject Matter tab of the relevant index card Neutral Citation a case number set by the court when issuing judgment which uniquely identifies that particular judgment eg 2011 EWHC 2339 Comm Party name one of the names used in a case report PDF portable document format Shows a printed document in its typeset format regardless of the software used to display it NB If PDF case reports do not display within the case report frame the right hand frame in ICLR online as intended this may require some adjustment of the browser settings Publication reference the reference used to identify a case report published in a series of law reports as opposed to a case number or neut
9. or may not be a volume number Other series WLR Weekly Law Reports WLR D WLR Daily Case Summaries ICR Industrial Cases Reports ICR D ICR Digests Bus LR Business Law Reports Bus LR D Business Law Reports Digests PTSR Public and Third Sector Law Reports PTSR CS or D Public and Third Sector Law Reports Case Summaries or Digests 30 Note All above series use square brackets as part of the citation WLR always uses volume numbers ICR may do for some years CONTACTING ICLR SUPPORT Telephone 44 207 242 6471 option 1 Email enquiries iclr co uk 31
10. report to enable you Know exactly eres ese ee ease where you are inside the report agni Criminal Justice Act 1538 il n new or newly discovered fact shows bevond reasonable doubt that ther a hasbeen a miscarriage o ai tise Comnerset on under tam NT mer Fumana FEE SERS JURAT CUYO RTE SE NEO E A T nn Tim Owen QC and Hugh Southe poca m EORUM imant in the first case However if you wish to disable header rs an appeal against conviction is allowed on a referenoe by the Criminal Cases Review Commission compensa minal Justice Act 1988 if a esequi i tei red fact shows bey ond reasonable doubt that there has been a m Stine man nck Me noes A Pe e her es nnd nth ME Ma bas bene information simply click once on any header within the report to toggle to continuous text mode To restore header information click on the highlighted page number e g lt 55 gt VIEWING THE PDF VERSION OF A CASE REPORT Toggle to PDF View When viewing a case report in the default Dynamic View you have the option to toggle the view to display the PDF version of the case report the typeset layout used for the printed publication PDFs are available for all full text law reports available on ICLR Online The PDF will open in a new browser window 21 LINKING TO CASES AVAILABLE ON THE BRITISH AND IRISH LEGAL INFORMATION INSTITUTE BAILII WEBSITE In dynamic view wherever a neutral citation appears in the text of a report ICLR Online will automatical
11. search string Thus 2011 EWHC 28 Admin may be entered as 2010 ewhc 28 Searching by Free Text The Free Text field Searches entire documents for words or phrases entered All words or phrases entered in the Free Text field are automatically searched as though linked by the Boolean connector AND For example snail bottle will look for cases containing both words snail and bottle wherever they appear in the document A number of Boolean connectors may be used to target your Free Text search 14 Boolean Operators and Search Connectors AND Use the AND command to guide your search with more precision When the AND operator is used only documents that contain every word or phrase separated by AND in the search string will be retrieved from the Case Search database For example prohibition and torture will only retrieve cases in which the words prohibition and torture appear OR Use the OR command to locate allied terms and concepts When the OR operator is used documents that contain either or both of the terms specified in the search string will be retrieved from the Case Search database For example drug or narcotic will return cases in which the word drug or the word narcotic appears or case where both words appear NOT Use the NOT command to exclude particular words or phrases from your search query For example ginger not beer will return cases in which the word ginger but not the word beer appears Double Quota
12. 5 The fact that inadequate representation rendere as unfair see R v Forbes 2001 1 AC 473 para 24 R v A No 2 2002 M and Randall v The Queen I 2002 1 WLR 2237 para 28 The Court of Appeal Ted any part of a report the reference to that A9 EE TEE ee LA ee case is displayed as a blue hyperlink enabling easy linking to that case report within ICLR Online To navigate to a linked case simply click on the blue link Navigating to Pages within a Case Report The dynamic view allows you to quickly navigate to specific pages of interest within a case report To navigate to a page enter the page number in the Page field on the navigation bar located above the case report and click on the Page icon or press Enter on your keyboard 20 The Case Report Navigation Bar lt Prev Next gt Eriefcase Frint KPDF e Prev move to the previous matched search term e Next move to first or next matched search term e Briefcase add the case report to the Briefcase e Print print the current case report e PDF view the current case report as a court ready PDF e Page move to a specific page within the report e Goto Navigate to Catchwords Headnote Facts Judgment s and Orders Toggling Header Display On and Off The dynamic reader defaults to i i The facts are stated m the jodgmest of Lord Kerr of Tonaghmore JS display each page break within the a R Adams v Justice Secretary Argument
13. ards stored in a bundle will when retrieved be displayed in their current most up to date form 2 ICLR JUDICIAL TREATMENT TYPES Followed The court is expressing itself as bound by a previous decision of a court of coordinate or superior jurisdiction in a case where the material facts were the same or substantially the same Approved The court approves a previous decision of a court of inferior jurisdiction or dicta of a judge in a court of coordinate or inferior jurisdiction in unrelated proceedings Applied The court is applying the principle of or dicta in a previous decision to the case before it the facts of which are materially different from those of the earlier case Considered The court considers a previous decision but does not actually follow apply distinguish it etc Explained The court interprets a previous decision and states what it means Distinguished The court decides that it need not follow a previous case by which it would otherwise be bound because there is some salient difference e g of a fact or the terms of a document between the previous case and the one before it Doubted The court is doubtful as to the correctness of a previous decision without going so far as disagreeing with it Not applied The court chooses not to apply a previous decision or dicta in a previous decision this may be because the earlier decision is only of persuasive authority e g Privy Council or another common law
14. click on the green Advanced Search banner To expand the Simple Search form click on the green Search banner TS Searching by Case Name s To search by case name s simply enter all or part of a case name into the Case Name s search field and click Submit Search Case name s Donoghue Enter one or more words in the case name Note the Case Name s search field ignores the v symbol Accordingly Donoghue v Stevenson may simply be entered as Donoghue Stevenson Unless the name is a common one it is not necessary to enter it in its entirety For example the term Donoghue will return Donoghue v Stevenson in the list of results alongside other documents matching that term The Case Name s field does not use implied truncation For example the term Horn will not return results for Horne Horner or Horncastle To enable term truncation use the symbol at the end of the search term for example Horn Use the symbol for individual letters or foreign accents For example Soci t Anonyme for Soci t Anonyme Searching by Citation The Citation field allows you to search for cases using a neutral citation e g 2010 EWCA Civ 647 or a standard law report citation e g 2010 1 AC 373 It is not necessary to include square brackets in the search string Thus 2010 EWCA Civ 647 may be entered as 2010 ewca civ 647 Similarly for neutral citations it is not necessary to include the division identified as part of the
15. cordingly the claim had Words amp Phrases properly struck out post paras 13 14 22 27 99 100 102 136 Al Adsani v Government of Kuwait No 2i 19 6 107 ILR 536 CA and Al Adsani v United Kingdom 34 EHRR 273followed Commentary 2 Allowing the appeals against the refusal td order service out of the jurisdiction that a state offici Legislation Cor entitled to state immunity ratione materiae in carrfing out the business of the state under section 14 1 of the Immunity Act 1978 that torture constituted a cJime under international law for which states were requi Case View Reading Pane 11 CASE SEARCH What is Case Search The Case Search function is a full text case report retrieval tool There are two locations within ICLR Online from which a case search may be performed e From the search form on the Dashboard note this is the same as the default search form in Case Search e From Case Search To use the Case Search function click on the ey icon which is located on the left navigation bar The Simple Search Form Search ICLR Online Za Dashboard Q Search Case name s Enter ane or more words in the case name Citation Enter a Meutral Citation or publication reference Free text Enter words or phrases in quotes from a document Submit Search The Case Search function defaults to the Simple Search form which comprises of three search fields e Case Name s searches full and partial cases
16. e Case View consist of three main elements e he Citator Overview e The Case Report Navigation Bar e he Case Reading Pane Linking from Judge s Name to Judgment 19 Viewing a case report in dynamic view enables you to be able to link from a judge s name listed at the header of a report to the beginning of that judge s judgment in the report Simply click on the judge s name which appears as a blue hyperlink at the head of the report Footnote Preview and Linking Some of the cases reported by ICLR include footnote references within the headnote typically where legislation has been cited Dynamic view allows you to quickly preview the contents of footnote reference and link to the text of a footnote at the end of the report titted acts of torture would therefore be inappropr aan Rights 3 e To preview a footnote simply hover the eKingdomq agin aa isos S rra ea divi first action in the determination of his civil rights and Ingd curse of your mouse over the blue footnote mthe jurisdebliatons or of any criminal charge against s u m everyone is entitled to a fair and public refe rence vases within a reasonable time by an independent and impartial tribunal established by law e To link to a footnote click on the blue it for state immunity in respect of a torture claim t f ootnote r ef erence over other international rules of law so that the gr of torture and had established a universal crimin Linking to the Opera
17. e will appear Home My Account Home My Account My Account My Homepage Account Overview Existing Users Login Change Details Welcome Daniel Hoadley Username daniel hoadley iclr co uk Change Login Password s Go to ICLR Online Go to My Account Logout Forgotten Password Note Users accessing their accounts via IP authentication will not be prompted to enter a Username or Password Session Inactivity and Security For security reasons your research session will automatically sign itself out after a period of 20 minutes of inactivity Home My Account Existing Users Login Username Password Forgotten Password New User Registration You have been timed out of ICLR Online Please logon again Logging out of ICLR Online When you finish a research session on ICLR Online it is recommended that you log out of your account before closing your Internet browser To log out of ICLR Online click on the Logout button on the green navigation bar at the top of the screen Daniel Hoadl Logout ICLR ONLINE CASE LAW UPDATE EMAIL SERVICE As an ICLR Online subscriber you have the option to receive a weekly email alerting you to new cases made available via ICLR Online By default new subscribers are set to receive email alerts when the account is set up New cases are listed according to their subject matter and links are provided so that you can navigate straight to the cases from the email
18. ecd 2013 IVAR 1551 25 Feb 2014 bramigeation Appeal Asylum and Immigration Tribunal ately Hama Garratern E2012 2391 1 The Navigation Bar The Navigation Bar is always displayed on the left side and allows you to move to the various functions and viewing modes that make up the ICLR Online workspace Dashboard Icon Case Search leon Case View Icon Briefcase Icon My Account Help Icon The Dashboard When you log in to your ICLR Online Account you will be taken to the Dashboard The Dashboard consists of a search form for quick case report retrieval and three updating feeds The first feed lists recently added case summaries WLR Dailies The second feed lists recently added case reports The third feed lists recently added Case Notes The Dashboard is accessed using the on the Navigation Bar Latest Case Summaries Q Latest Law Reports Latest Case Notes Case name s Enter one or more words in the case name Citation Enter a Neutral Citation or publication reference Free text Enter words or phrases in quotes fromfa document Submit Search Case search form Discrimination Sex Equal treatment Betriu Montull v INSS 2013 ICR 1323 25 Feb 2014 Employment Unfair dismissal Constructive dismissal Blackburn v Aldi Stores Ltd 201 3 ICR D37 Q25 Feb 2014 Industrial relations Employment Appeal Tribunal Appeal to Dozie v Addison Lee plc 2013 ICR
19. es back to 1865 Case namais M Enter ane i M wi nthe case ame Ca ation Enter Neutral Cit h n or puhblicasor reference Free text This is the Dashboard a new feature which lists the latest added content data slarnped for freshness Other fealures include v New united case search form find both cases reported by CLA and Discrimination Sex Equal trestment Betriu Montull v INSS 2013 ICR 1323 O25 Feb 2014 Employment Unfair disrresval Constructive dismissal Blackbum v Aldi Stores Lid 201 3 ICR D37 OS Fed xn4 Industrial relations Employment Appeal Tribunal Appeal to Dome v Addison List pic 7013 ICR p38 OS Fed M14 European Union Pub procurement Contract review procedure Fastweb v ASL Alessandria 2013 TSR D43 O Fed 2014 Tort Joint tortfeasors Common uet gn Fish amp Fish Lid v Sea Shepherd Uk 2013 1 WLR 3700 O25 Fed 2014 Practice Appeal Permission to A Child Adopton Placement Order 2013 1 YAR 3720 O25 Feb 2014 arrest otaon of estates Persoal representalive Replacernent In re Goodman decd 2013 IVAR 1551 25 Feb 2014 branigeation Appeal Asylum and Immigration Tribunal Patel wv Hames Sarraten E217 2S9 E Discrimination Sex Equal veatment Betriu Montull v INSS 2013 ICR 1323 025 Feb 2014 Employment Urifoir diomieso Constructive dismissal Blackbur v Aldi Stores Ltd 2013 ICR D37 25 Feb 2014 Indu
20. g affirmed reversed etc in the same litigation e Subsequent judicial consideration of the case showing the effect of later decisions on the status of any judgments given in the case at each hearing level e Key cases judicially considered in the judgment s given in the case e Any Case Comments contributed by practitioners on the case e Any words or phrases taken from a statute or other document in the context of which they have been judicially considered in the case e Any statutory or other legislative provisions which have been construed in the case The information is displayed in tabbed sections of the Index Card which can be opened or closed by clicking on the section tab Note Index Cards can also be saved using the Briefcase function see THE BRIEFCASE section below 23 The Citator Overview Tabs The Subject Matter tab provides a succinct exposition of the key issues of law raised in the case report taken from the Subject Matter HUSBAND AND WIFE Financial relief Transfer of catchwords in the report property Properties held by companies controlled by husband Wife alleging that properties belonging beneficially to husband Husband and companies failing to comply with orders for disclosure Husband ordered to transfer properties to wife or to cause them to be so transferred Whether property to which husband entitled Whether conditions for piercing companies corporate veil
21. ice Republic of Lithuania Lavrov v Minisry of Justice Estonia 12 Oct 2012 Citator 2012 EWHG 2771 Admin 2012 WLR D 276 2013 1 All ER 1220 DC Antonov intervening 20 Nov 2013 Citator 2013 UKSC 71 2013 3 WLR 1485 2013 WLH Dj 446 SC E EXTRADITION European arrest warrant Validity ww Catchwords EXTRADITION European arrest warrant Validity vw Catchwords 4 case s considered 1 Catchword Preview in Case Results View The first three keywords or catchwords from the case report are displayed under each case name To click on the Catchwords button Ministry of Justice Republic of Lithuania v Bucnys Sakalis v Ministry of Justice Republic of Lithuania Lavrov v Minisry of Justice Estonia Sakalis v Ministry of Justice Republic of Lithuania Lavrov v Minisry of Justice Estonia 12 Oct 2012 Citator 2012 EWHC 2771 Admin 2012 WLR D 276 2013 1 All ER 1220 DC Antonov intervening 20 Nov 2013 Citator 2013 UKSC 71 2013 3 WLR 1485 2013 WLR D 446 SC E EXTRADITION European arrest warrant Validity Requirement for issue by judicial authority Government ministries issuing warrants for arrest and extradition of absconding convicted persons Ministries variously acting at request of court and of prison authority Whether in each case ministry acting as judicial authority so as to validate issue of warrant Requirement for Serious Organised Crime Agency t
22. itself Case Law Updates 13 July 2012 CaseReports Reports Adoption Arrangements for adoption Placement order Coventry City Council v O CA 2012 3 WLR 208 Children Children in need Welfare services R A 4 Child v Kent County Council CA 2012 PTSR 912 Conflict of laws Sovereign immunity Diplomatic immunity Khurts Bat v Federal Court of Germany DC 2012 3 WLR 180 Contempt of court Breach of injunction Freezing order JSC BTA Bank v Ablyazov No 7 CA 2012 1 WLR 1988 Highway Duty to maintain highway Highway authority Cusack v Harrow LBC CA 2012 PTSR 970 Human rights Peaceful enjoyment of possessions Deprivation of possessions R New London College Lid v Home Secretary CA 2012 PTSR D21 Human rights Peaceful enjoyment of possessions Discrimination on grounds of sex Humphreys v Revenue and Customs Comrs SC E 2012 PTSR 1024 Local government Homeless persons Refusal of offer of accommodation Bubb v Wandsworth LBC CA 2012 PTSR 1011 Mental disorder Mental health tribunal Application to R Modaresi v Health Secretary CA 2012 PTSR 999 Planning Development Environmental impact assessment R Burridge v Breckland District Council QBD 2012 PTSR D23 Signing up for ICLR Case Law Updates If you are not currently signed up to receive ICLR s case law alerts you can subscribe by following these instruction e Go to www clr co uk e Click on the grey Register Login button
23. ly create a link from that reference to it counterpart transcript on BAILII www bailii org Linked neutral citations appear as green hyperlinks Click on the green hyperlink to view the corresponding transcript on BAILII OL o4 t Lo 00 ee ee ee P ES 3 Aid R 0d mop pete The following cases are referred to in the judgment Adams v Cape Industries pic 1990 Ch 423 i990 2 WLR 57 1991 1 AI ER 929 1990 BCLC 479 CA Algosaib o Saad Investments Co Ltd 2010 CICA 1 2011 1 CILR 178 Cayman Islands Court of Appeal Antonio Gramsci Shipping Corpn v Stepanovs 2011 EWHC 333 Comm 2011 Bus LR D117 2012 1 All ER Comm 292 2011 1 Lloyd s Rep 6475 2012 1 BCLC 561 2012 BCC 182 ni yn 567 11 i HK ODIO MH hid S ms CL P BH mid CLP P H d 5 fal Belletti v Moric 2000 EVWHC 2316 Comm 2010 Bus LR Dag 2010 1 All ER Comm 412 ben H shem Uam oai 2005 BYVAL 2390 Pami 2000 Cardie v LAD Builders Pty Ltd 1990 HCA 18 1999 198 CLR 380 Creasey vu Breachwood Motors Ltd 19903 BCLC 480 Dadourian Group International Ine v Azuri Ltd 2005 EWHC 1768 Ch y 2006 WILE 239 Garnet Investments Ltd v BNP Paribas Suisse S 2009 10 GLK 1 Guernsey Court of Appeal Gilford Motor Co Ltd v Horne 1933 Ch 335 CA Jones y Lipman 1962 1 WLR 832 1962 1 AIL ER 442 Kensington International Ltd v Republic of Congo 2005 EWHC 2684 Comm 2006 2 BCLC 296 Lindsay v OLoughnane 2010 EWHC 528 OB 2012 BCC 153
24. o certify warrant as having been issued by judicial authority having function of issuing arrest warrants Whether requirement referring to European arrest warrants or domestic arrest warrants Extradition Act 2003 s 2 2 7 Council Framework Decision 2002 584 JHA art 6 To collapse the catchwords display click on the Catchwords button again Opening a Case from Case Results View ICLR Online provides the following means of accessing the case from results view Opening the Citator Overview To open the Citator Overview click on the name of the case or on the Citator link Opening the report To open the report click on the blue citation for the report you wish to read Linking to the BAILII transcript To open the BAILII transcript where a neutral citation has been assigned click on the green neutral citation The BAILII transcript will then open in a new browser window Editing your search You can refine your search terms from the Case Results View by clicking on the Edit Search button located on the Case Results navigation bar situated above the results list Edit Search Search Results 21 30 of 702 results Resorting the list of the results The list of results can be sorted in the following ways e Most recent first 18 e Oldest first e A Z by Case Name e Z A by Case Name Browse through multiple pages of results using the Prev and Next buttons CASE VIEW When you select a case f
25. ral citation eg 1978 OB 500 29 COVERAGE AND CITATIONS The following table lists the various series of reports issued by ICLR since 1865 and modes of citation used for them The Law Reports First series 1865 1875 LRHA amp E Admiralty and Ecclesiastical Cases LR CCR Crown Cases Reserved LR CP Common Pleas Cases LR Ch App Chancery Appeal Cases LR HL House of Lords English and Irish Appeals LR Eq Equity Cases LR Ex Exchequer Cases LR PC Privy Council Appeals LR P amp D Probate and Divorce Cases LR OB Queen s Bench Cases LR Sc amp Div House of Lords Scotch and Divorce Appeals The Law Reports Second series 1875 1890 App Cas Appeal Cases ChD Chancery Division CPD Common Pleas Division 1875 80 Ex D Exchequer Division 7875 80 PD Probate Divorce and Admiralty Division OBD Queen s Bench Division Note the letters LR are not used in these citations The Law Reports Third series 1890 to present day AC Appeal Cases Ch Chancery Division Fam Family Division from 1972 P Probate Divorce and Admiralty Division 1891 1971 OB or KB Queen s or King s Bench Division Note The first and second series may appear with a year of judgment in round brackets this is not part of the official citation and should not be entered into a citation search field For the third series the year in square brackets forms part of the citation and should be entered into the search and there may
26. rom results view you will then be presented with the dynamic version of the selected report and or the case s Citator Overview Case Report Citator Navigation Bar Overview Briefcase lt Prev Next gt Briefcase amp Print KPDF Page f o Go to Citator 2013 3 WLR 1 lt View Results Prest v Prest Supreme Court Prest v Petrodel Resources Ltd and others Alternative Case Petrodel Resources Ltd v Prest 2013 UKS C 34 Names On appeal from PrestuPrest Ships Names 2013 March 5 6 Lord Neuberger of Abbotsbury PSC Baroness Hale of Richmond Lord Mance Date of Judgment 26 Oct2012 CA June 12 Lord Clarke of Stone cum Ebony Lord Wilson Lord Sumption JJSC Lord Court 12 Jun 2013 SC E Walker of Gestingthorpe Publication References Husband and wife Financial relief Transfer of property Properties held by companies controlled by husband Wife 2012 EWCA Civ 1395 2013 2 AC 415 2013 2 WLR 557 alleging that properties belonging beneficially to husband Husband and companies failing to comply with orders 2013 1 AR ER 795 2012 WLR D 296 CA for disclosure Husband ordered to transfer properties to wife or to cause them to be so transferred Whether 2013 UKSC 34 2013 2 AC 415 2013 3 WLR 1 2013 property to which husband entitled Whether conditions for piercing companies corporate veils WLR D 237 SC E established Whether court entitled
27. s established Whether court entitled to draw adverse inferences as to beneficial ownership of properties Whether jurisdiction to order husband to transfer properties hekd by companies to wife Matrimonial Causes Act 1873 s 24 1 a CA 2013 2 AC 415 2013 2 WLA 557 SC E 2013 2 AC 415 2013 3 WLA 1 The Appellate History tab gives you a clear colour coded breakdown of a case s journey through the courts Appellate History X Praestv Prest 2011 EWHC 2956 Fam Decision of Moylan J reversed Prest v Prest 2013 2 WLH 557 CA X Prestv Prest 2013 2 WLR 557 2013 1 Al ER 785 CA Decision of the Court of Appeal reversed in part Praest v Prest 2013 2 AC 415 2013 3 WLR 1 SCIE Subsequent Consideration The Subsequent Consideration provides a summary of how the case you are reviewing has been treated by subsequent cases giving you a clear indication of the case s status as authority Prest v Prest 2013 3 WLR 1 SCIE Applied in Bilta UK Ltd v Nazir No 2 2014 Ch 52 2013 3 WLR 1167 CA Each entry is colour coded and follows ICLR s own detailed and editorially constructed judicial treatment schema Considered in Antonio Gramsci Shipping Corpn v See the ICLR JUDICIAL TREATMENT Recoletos Ltd 2013 2 All ER Comm 781 CA TYPES section below 24 E The Cases Considered tab summarises the cases which the case you are reviewing actively considered and indicates that case s stat
28. strial relations Criploymernt Appeal Tribunal Appeal to Dorie v Addison Lee pit 2013 ICH O38 OS Feb 2014 European Union Public procurement Contract review procedure Fashwot v ABL Alessandria 2013 PTSR O43 Q25leb 2014 Tort Joint tortleasors Common design Fish amp Fish Ud v See Shepherd Uk 2013 1 WLR 3700 O25Feb 2014 Practice Appeal Fermission to appeal In re C A Child Adoption Placement Order 201 3 1 WLR 3720 Q25 Feb 2014 Putiminestr ation of estates Persiono represerilalive Replacement In re Goodman decd 2013 3 WLR 1551 25 Feb 2014 Immigration Appeal Asylurn and Immigration Tribuna ately iMams Garratarn 011 1172 VAT E2 Discrimination Sex Equal treatment Be riu Montull v INSS 2013 ICR 1323 25 Feb 2014 Employment Unfair disrmescal Constructive dismissal Blackbum v Aldi Stores Lid 201 3 ICR D37 O25 Fen 214 Industrial relations Employment Appeal Tribunal Appeal to Dome v Addison Lint pic 2013 ICR p38 O25 Fen 2014 European Union Pub e procurement Contract review procedure Fastweb v ASL Alessandria 2013 PTSR D43 Ome 2014 Tort Jointtortteasors Common de sagr Fish amp Fish Lid v Sea Shepherd UK 2013 1 WLR 3700 OS Fed 2014 Practice Appeal Permission to et In re C A Child Adopter Placement Order 2013 1 YAR 3720 Q25 Feb 2014 Mimmis aon of estates eror representalive Replacement In re Goodman d
29. through matches to your search query toggle to PDF view print report and open your Briefcase e he Case View Reading this is the full text of the selected report is displayed as a continuous interactive document e The Citator Overview places vital index information side by side with the full text report Citator Overview Case Navigation Bar ICLR E Dashboard lt View Results Briefcase lt Prev Next gt Brie Print PDF Page pL Go to v 2005 QB 699 Jones v MinistWr of the Interior Court of Appeal ofthe Kingdom of Saudi Arabia Jones v Ministry ofthe Interior ofthe Kingdom of Saudi Arabi Briefcase and another Secretary of State for Constitutional Affairs and S ecreta ry of State for another intervening amp My Account Constitutional Affairs Mitchell and others v Al Dali and others zs intervenin Help g 2004 EWCA Civ 1394 2004 May 11 12 Lord Phillips of Worth Matravers MR Mance and Neuberg Alternative Case Mitchell v 4l Dali Oct 28 Names Ships Names International law State immunity Civil claims alleging torture Claims alleging systematic tort claimants by state officials while in custody of foreign state Whether state entitled to immunity in ri sid bes ini m Eso A of torture claims Whether state entitled to claim immunity in respect of claims against officials Immunity Act 1978 c 39 ss 102 14 1 1 Human Rights Act 1998 c 42 Sch 1 Pt I art Publication References
30. tion Marks Double quotation marks can be used to guide your search query in reference to specified phrases For example public international law will return cases in which the words public and international and law appear together adjacently as a phrase Combining Operators You can use operation in combination formulate more focused search queries For example public international law not torture will return cases that include the words public and international and law as a phrase but will exclude results where the word torture also appears elsewhere in the document 15 Searching by Catchwords The Catchwords field looks for words and phrases in the keywords or catchwords of the report as contained in the Subject Matter tab of the index card This is a Boolean search so phrases should be enclosed in double quotations and may be connected by the terms AND OR NOT Date of Judgment Use the Date of Judgment fields to narrow your search to cases falling on or after the specified date or within a range of specified dates Enter dates in full using the dd mm yyyy format or use the date picker by clicking on the icon Judge Use the Judge field to search for cases involving the specified judge It is not necessary to enter the judge s full title Accordingly the term Bean is the same as Bean J Court The Court field allows you to narrow your search to cases decided by the specified court or tribunal Either select on of the co
31. tive Paragraphs Dynamic view enables you to move quickly to the l l l operative paragraphs in a judgment To move toan by or with the connivance of a public lisproportionate as inconsistent with operative paragraph click on the blue paragraph cle 6 assuming it to apply and that a reference at the end of the headnote and the report post paras 9 10 14 15 19 24 28 32 34 EHRR 273 followed will automatically scroll to the relevant paragraph cndiu Movtsirute Exp Binediet Ga LEES LH BLADE NICHE LID ID BELS ATE LEME DU I3 YW LESE CMTS ALS LIDE LV Es MI DDOO EMI IH D4 Lee Le LOL Dee DH LENE Kingdom would be obviously affected even though it is not a named party 32 Both these errors in my respectful opinion sprang from what I think was a misreading of Pinochet No 3 200 1 AC 147 Despite Lord Phillips MB s change of mind in this case para 128 the distinction between criminal proceedings which were the subject of universal jurisdiction under the Torture Convention and civil proceedings which were not was fundamental to that decision This is not a distinction which can be wished away a3 Fourthly the court appears to have ruled that the exercise of jurisdiction should be governed by appropriate use or development of discretionary principles para 96 and see also para 195 This is to mistake Linking to Other Cases Cited in the Case Report Where a case reported by ICLR iS cited in ustria 1989 13 EHRR 36 para 6
32. to draw adverse inferences as to beneficial ownership of properties Whether m jurisdiction to order husband to transfer properties held by companies to wife Matrimonial Causes Act 1973 c 18 s Oo 24 1 a Subject Matter The wife issued a claim for ancillary relief under section 23 of the Matrimonial Causes Act 1973 1 against her husband who was the sole owner of a number of complexly structured offshore companies The wife alleged that the husband had used Appellate History the companies to hold legal title to properties which belonged beneficially to him However the husband failed to comply with orders for the full and frank disclosure of his financial position and the companies which were joined as parties to the proceedings failed to file a defence or to comply with o for disclosure The judge rejected the wife s submission that the husband had been guilty of any impropriety in relation tolhe companies such as would entitle the court to pierce the corporate veil but held that in matrimonial proceedings for anpillary relief section 24 1 a of the 1973 Act conferred a wider Words amp Phrases jurisdiction to pierce the corporate veil The judge conclufied that since the husband had the practical ability to procure the Subsequent Consideration Cases Considered transfer of the properties he was entitled to them withirfthe meaning of Legislation Considered 2 2013 3 WLR Dract v Dract Case Reading Pane Th
33. ton located on the light grey bar above the My Bundles display area Adding Case Reports and Index Cards to a Bundle e To add a Case Report or Index Card to a bundle in your Briefcase area click on the Briefcase icon located above the Case Report Citator Overview you wish to store e The Briefcase display area will open If you have opened a bundle during the current research session that bundle will be displayed e To add the selected Case Report Index to an open bundle click on the Add Case Report Add Index Card button located on the light grey bar above the bundle display area amp International Law Back to Briefcase Add Index Card ADAMS v ADAMS ATTORNEY GENERAL INTERVENING Q o BANK MELLAT v HELLINIKI TECHNIKI S A Q o Jones v Ministry of the Interior of the Kingdom of Saudi Arabia and another Secretary of State for Constitutional Affairs and others intervening Qo o HEDLEY BYRNE amp CO LTD v HELLER amp PARTNERS LTD Q e To add the selected Case Report Index Card to a different bundle click on the Back to Briefcase button and then select the bundle you wish to store the selected content in The click on the Add Case Report Add Index Card button 26 Retrieving Case Reports and Citator from a Bundle Case Reports and Index Cards stored in a bundle can be opened in dynamic or PDF view opened printed or saved to disk using the icons located to the right of the content stored in the selected bundle Index c
34. urts from the drop down list or select Other specify and enter the name of the court in the Other specify search field 16 CASE RESULTS Case Results View The Case Results is compromised of individual hits that match the terms entered in Case Search The information provided in each hit depends of how much information ICLR holds on the case in question The following information where available will be presented in each hit 21 The name of the case e g Ministry of Justice Republic of Lithuania v Bucnys Any additional names associated with the case The date of judgment s A link to the Citator Overview for the case The Neutral Citation assigned to the case which links to the transcript of the case on BAILII org The concertina of parallel references associated with the case References highlighted in blue may be viewed in full text on ICLR Online Those in black type are not held in the ICLR Online database but are provided for referencing purposes The first three catchwords assigned to the case e g EXTRADITION European arrest warrant Validity The Catchwords expand button when expanded the full list of catchwords are set out The number of cases considering the case in question The number of cases considered by the case in question Ministry of Justice Republic of Lithuania v Bucnys Sakalis v Ministry of Justice Republic of Lithuania Lavrov v Minisry of Justice Estonia oakalis v Ministry of Just
35. us in law in a convenient colour coded form Cases Considered in Prest v Prest 2013 2 AC 415 2013 3 WLR 1 SCIE Ben Hashem v Al Shayif 2008 1 FLA 115 Dictum of Munby J para 164 approved O British Haiways Board v Herrington 1972 AC 877 1972 2 WLA 537 1872 1 All ER 749 HLIE Considered o Gencor ACP Ltd v Dalby 2000 2 BCLC 734 Considered Trustor AB v Smallbone Mo 2 2001 1 WLH 1177 2001 3 All ER 887 Considered Words amp Phrases The Words amp Phrases tab highlight legal words and phrases construed in the case you are reviewing Entitled Matrimonial Causes Act 1873 s 24 1 a Legislation Considered The Legislation Considered tab sets out key legislative provisions construed in Statutes the case you are reviewing Matrimonial Causes Act 1973 c 18 s 24 1 a 25 THE BRIEFCASE The Briefcase feature allows you to store and retrieve case reports and index cards and to organise them into user designated bundles To use this feature click on Briefcase button on the side navigation bar Creating Bundles e To create a new bundle in your Briefcase enter the name of the new bundle in the text field located at the top of the Briefcase display area e hen click on the Create Bundle button e Your new bundle will then appear in the My Bundles list My Bundles Note The Briefcase area lists twelve Bundles per page To navigate through your bundles click on the Next but
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