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England and Wales Case Law

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Immigration law

Oguz v Secretary of State for the Home Department

The Court of Appeal held it had power to refer a question to the Court of Justice of the European Union and adjourned the appeal pending that referral.

  • Referral to court of justice of the european union
  • Binding authority
  • Appeals process
  • Immigration-law
  • European-union-law
  • Court-of-appeal-procedure
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Immigration law [2010] EWCA Civ 311

Oguz v Secretary of State for the Home Department

Oguz v Secretary of State for the Home Department [2010] EWCA Civ 311 (23 March 2010)

The Court of Appeal held it had power to refer a question to the CJEU in this immigration appeal and adjourned the case pending that referral.

  • Referral to court of justice of the european union
  • Binding authority
  • Acte clair
  • Appeal procedure
  • Immigration-law
  • European-union-law
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Commercial law [2008] EWHC 1135 (Comm)

Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Ors

Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Ors [2008] EWHC 1135 (Comm) (03 June 2008)

Commercial Court judgment finding surety bonds were written beyond authority, exposures were misstated, and premium was not fully accounted for.

  • Surety bonds
  • Binding authority
  • Fiduciary duties
  • Conspiracy to defraud
  • Dishonest assistance
  • Breach of contract
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Banking law [2003] EWHC 2138 (Comm)

DP Mann & Ors v Coutts & Co.

DP Mann & Ors v Coutts & Co. [2003] EWHC 2138 (Comm) (16 September 2003)

Commercial Court claim by Lloyd’s syndicate claimants against Coutts & Co. over a client account letter and sweeper arrangement was dismissed.

  • Duty of care
  • Fiduciary accounts
  • Misrepresentation
  • Negligence
  • Binding authority
  • Client accounts
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Insurance law [2001] EWHC 499 (Comm)

Syndicate 1242 At Lloyd's v Morgan Read & Sharman Ltd.

Syndicate 1242 At Lloyd's v Morgan Read & Sharman Ltd. [2001] EWHC 499 (Comm) (03 August 2001)

The High Court held that no binding authority was granted by Syndicate 1242 to MRS, because any agreement was conditional on underwriting information that was never supplied.

  • Binding authority
  • Agency
  • Insurance contracts
  • Lloyd's regulatory regime
  • Conditional agreements
  • Consumer protection
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Civil procedure [2000] EWCA Civ 129

Clark v University of Lincolnshire and Humberside

Clark v University of Lincolnshire and Humberside [2000] EWCA Civ 129 (14 April 2000)

The Court of Appeal held that judgments on applications for permission to appeal are not binding precedents and are, at most, persuasive authority.

  • Precedential value of permission to appeal judgments
  • Binding authority
  • Persuasive authority
  • Binding-authority
  • Persuasive-authority
  • Permission-to-appeal
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.