Prohibited Behaviour in UK Law

Leading Cases
  • Padfield v Minister of Agriculture, Fisheries and Food
    • House of Lords
    • 14 Febrero 1968

    Parliament must have conferred the discretion with the intention that it should be used to promote the policy and objects of the Act; the policy and objects of the Act must be determined by construing the Act as a whole and construction is always a matter of law for the Court.

  • Roche Products Ltd and Others v Provimi Ltd
    • Queen's Bench Division (Commercial Court)
    • 06 Mayo 2003

    It seems to me to be arguable that where two corporate entities are part of an "udertaking" (call it "Undertaking A") and one of those entities has entered into an infringing agreement with other, independent, "undertakings", then if another corporate entity which is part of Undertaking A then implements that infringing agreement, it is also infringing Article 81.

  • Cooper Tire & Rubber Company Europe Ltd and Others v Dow Deutscheland Inc. and Others
    • Queen's Bench Division (Commercial Court)
    • 27 Octubre 2009

    The Dow Defendants also relied upon Article 5(3) of the Judgments Regulation to establish jurisdiction. In view of my decision on Article 6(1) it is strictly unnecessary to lengthen this judgment yet further with a discussion of all the arguments. I will simply express my conclusions as shortly as possible. However, it is also common ground that if jurisdiction is established on that basis it is only established in respect of the damage which occurred in England.

  • Sel-imperial Ltd (Claimant Respondent) v The British Standards Institution (Defendant Applicant)
    • Chancery Division
    • 23 Abril 2010

    Moreover, it is important that competition claims are pleaded properly. To contend that a party has infringed competition law involves a serious allegation of breach of a quasi-public law, which can indeed lead to the imposition of financial penalties as well as civil liability. A defendant faced with such a claim is entitled to know what specific conduct or agreement is complained of and how that is alleged to violate the law.

  • Crehan v Inntrepreneur Pub Company CPC
    • Court of Appeal (Civil Division)
    • 01 Julio 2004

    In our judgment it was inappropriate for the judge to adopt the approach that he should receive such evidence and hear such submissions, as the effect of the judge second-guessing the Commission and concluding that the Commission was wrong has been to create an irreconcilable inconsistency in the application of the Community's competition policy to the relevant market. We do not say that the Commission is infallible; far from it.

  • National Grid Plc v The Gas & Electricity Markets Authority
    • Court of Appeal (Civil Division)
    • 23 Febrero 2010

    I would reject Mr Turner's overarching submission as to the need for any finding of abuse to be based on a benchmark. It is true that benchmarks of a kind have been applied in certain pricing contexts, such as in drawing a dividing line between competitive low pricing and abusive predatory pricing, and that according to para 21 of its guidance document the Commission's own approach to assessing anti-competitive foreclosure is usually to make a comparison with an appropriate counterfactual.

  • BHB Enterprises Plc v Victor Chandler (International) Ltd
    • Chancery Division
    • 27 Mayo 2005

    These are notoriously burdensome allegations, frequently leading to extensive evidence, including expert reports from economists and accountants. The recent history of cases in which such allegations have been raised illustrate that they can lead to lengthy and expensive trials. Before a party has to respond to an allegation like this, it is incumbent on the party making the allegation to set out clearly and succinctly the major facts upon which it will rely.

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Legislation
  • Renting Homes (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ... ... the contract is made as a result of an order under section 116 (prohibited conduct standard contract) ... (4) The third exception applies if the ... (c) section 55 (anti-social behaviour and other prohibited conduct), ... (d) sections 103(1)(b) and (2) and 108 ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order ... (11) The period specified in this subsection is the ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... ; to create an offence in relation to controlling or coercive behaviour in intimate or family relationships; to make provision for the prevention ... (a) to secure that any person is prohibited from dealing with the property, ... (b) for assistance in connection with ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... sentences.Part 10 is about custodial sentences.Part 11 is about behaviour orders.GeneralPart 12 contains miscellaneous and general provision about ... sentence for certain offences involving firearms that are prohibited weapons) .But this is subject to section 74 and Chapter 4 of Part 12 ... ...
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Books & Journal Articles
  • Information behaviour of women: theoretical perspectives on gender
    • No. 66-1, January 2010
    • Journal of Documentation
    • 113-139
    Purpose: The purpose of this paper is to examine whether there is a need to consider gender or sex differences as variables in information behaviour research and, if so, how? Design/methodology/ap...
    ... ... in information behaviour.Research limitations/implications – The meta-synthesis is a top-level synthesis, as the numberof studies prohibited a more detailed approach. Further meta-synthesis of a few high quality researchstudies would help to confirm the findings.Practical implications ... ...
  • Queer(ed) Risks: Life Insurance, HIV/AIDS, and the ‘Gay Question’
    • No. 37-4, December 2010
    • Journal of Law and Society
    In 2004 the Association of British Insurers (ABI) issued its second Statement of Best Practice on HIV and Insurance. This prohibited use of the ‘gay question’ (employed by some underwriters in appl...
    ... ... This prohibited use of the ` gay question' (employed by some underwriters in application ... men, and unnecessary, given the availability of alternative ` behaviour-based' risk criteria. While the overhaul of this controversial practice is ... ...
  • The social construction of violence in old age
    • No. 9-1, March 2007
    • The Journal of Adult Protection
    • 33-38
    Varying definitions and conceptualisations of violence in old age exist within and between the scientific community, medical and social work professionals, family carers and the elderly persons the...
    ... ... that any criticism of sub-standardequipment or inappropriate behaviour iswelcome and necessaryto improve the caresituation of older people, the ... Unpleasant,or even prohibited behaviour like scolding,neglect, isolation, financial exploitation, ... ...
  • Incivility as Dissent
    • No. 68-1, February 2020
    • Political Studies
    State attempts to legislate for civility, such as the UK’s Injunctions to Prevent Nuisance and Annoyance, are usually challenged on libertarian grounds. This article develops a novel democratic cha...
    ... ... a conceptual analysis, linking the forms of annoying  behaviour targeted by legislation with the practice of incivility. It then ... In the original draft of the Bill, IPNAs broadened the range of prohibited  behaviour to include ‘conduct capable of causing nuisance and ... ...
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Law Firm Commentaries
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Forms
  • General form of injunction for interim application or originating application
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... [The court is satisfied that (the conduct which is prohibited by this injunction, consists of or includes ... the use or threatened use ... power given in [section 91 of the Anti-social Behaviour Act 2003], [section 43 of the Policing and Crime ... Act 2009] arrest ... ...
  • Provide supplemental information when making or responding to allegations of harm and domestic violence
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... “Domestic violence/abuse” means any incident of threatening behaviour, violence or abuse (psychological, physical, ... sexual, fnancial or ... Children Act 1989 are as follows: ... Prohibited Steps: this prevents a ... parent from taking a particular action ... as ... ...
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