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14 Apr 2011, 2:15 am by sally
Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV (Case C-153/10); [2011] WLR (D) 130 “A person who made customs declarations in his own name and on his own behalf could not rely on a binding tariff information of which he was not the holder, but which associated company on whose instructions he made those declarations. [read post]
12 Feb 2010, 2:38 am by traceydennis
R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31 “As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the… [read post]
25 Mar 2011, 3:53 am by traceydennis
Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) (Case T-369/07);  [2011] WLR (D)  101 “The three-month time limit under article 9(3) of Directive 2003/87/EC during which the Commission might reject a member state’s plan stating the total quantity of greenhouse gas emission allowance that it intended to allocate, started to run from the initial… [read post]
8 Nov 2011, 2:46 am by sally
Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin); [2011] WLR (D) 315 “In the context of the Extradition Act 2003, through interpretation of article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’) and recognising differences of terminology used among member states, a ‘judicial authority’ was not confined to a judge… [read post]
22 Mar 2012, 3:59 am by sally
Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90 “Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that… [read post]
22 Jul 2011, 1:40 am by sally
Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236 “The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. [read post]
28 Mar 2012, 3:01 am by sally
Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97 “For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed… [read post]
4 Apr 2012, 2:24 am by sally
AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106 “In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was sufficiently… [read post]
22 Jul 2011, 1:54 am by sally
Fulham Football Club (1987) v Richards and another [2011] EWCA Civ 855; [2011] WLR (D) 241 “A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. [read post]
4 Jul 2012, 2:16 am by sally
Regina (R and others) (Children) v Child and Family Court Advisory and Support Service [2012] EWCA Civ 853; [2012] WLR (D) 189 “Although CAFCASS was under a statutory duty in general terms to provide a scheme for the representation of children in care proceedings in England, that duty did not extend to a specific obligation to ensure that a particular child in an individual case was represented or that representation should be arranged in accordance with a precise timetable. [read post]
3 Aug 2009, 2:53 am
R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810; [2009] WLR (D) 276 “On an application for judicial review of the Secretary of State's alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK [...] [read post]
10 Nov 2008, 10:34 am
R (Hillingdon London Borough Council and others) v Lord Chancellor and another [2008] EWHC 2683 (Admin); [2008] WLR (D) 347 WLR DAily, 7th November 2008 Source; www.lawreports.co.uk Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. [read post]
26 Jun 2012, 2:04 am by sally
Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182 “The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”… [read post]
14 Mar 2011, 3:41 am by traceydennis
British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) [2011] EWCA Civ 245; [2011] WLR (D) 83 “On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal. [read post]
18 May 2012, 1:34 am by sally
In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another [2012] WLR (D) 147 “Arrears of rent due during the provisional liquidation period were to be treated as an expense of the liquidation and payable in priority to most other liquidation expenses. [read post]
13 Jul 2009, 2:44 am
Hovell v Ashford & St Peter's Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237 “An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (’JES’). [read post]
30 Jul 2010, 2:44 am by traceydennis
Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206  ”A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm. [read post]