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19 Dec 2008, 10:18 am
Egan v Central Manchester and Manchester Children's University Hospitals NHS Trust [2008] EWCA Civ 1424; [2008] WLR (D) 394 “Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the [...] [read post]
24 May 2012, 1:58 am by sally
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) [2012] EWCA Civ 689; [2012] WLR (D) 159 “The protection against costs provided to HM Revenue and Customs by section 144(2) of the Customs and Excise Management Act 1979, in respect of proceedings brought against them on account of the seizure or detention of any thing on reasonable grounds, applied to claims for judicial review. [read post]
17 Nov 2010, 1:56 am by sally
BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290 “There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998. [read post]
19 Nov 2009, 1:45 am
Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners [2009] EWHC 2908 (Ch); [2009] WLR (D) 334 "The United Kingdom’s thin capitalisation ('thin cap') provisions which remained in force, in a potentially discriminatory form, until 2004 were not proportionate to achieve the purpose of preventing abusive tax avoidance because they did not [...] [read post]
31 May 2012, 2:33 am by tracey
Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening): [2012] EWHC 1372 (Ch);  [2012] WLR (D)  163 “The ‘football creditor rule’ under which football creditors, such as the club’s players and managers, were paid in full in priority to other creditors did not offend either the pari passu principle or the anti-deprivation rule. [read post]
13 Mar 2012, 3:33 am by sally
Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another [2012] EWCA Civ 265; [2012] WLR (D) 70 “A contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.” WLR Daily, 9th March 2012 Source: www.iclr.co.uk [read post]
2 Nov 2009, 4:22 am
Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) [2009] UKSC 3; [2009] WLR (D) 310 “Information about a person's convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within [...] [read post]
17 Dec 2009, 4:38 am
R (E) v Governing Body of JFS and another (United Synagogue and others intervening) [2009] UKSC 15; [2009] WLR (D) 366 "A Jewish school which, in the event of the school being oversubscribed, gave priority to children who were recognised as Jews according to the tenets of Orthodox Judaism, ie the children of mothers who were [...] [read post]
2 Jul 2009, 2:13 am
Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222 “When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be [...] [read post]
20 Oct 2011, 2:51 am by tracey
Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158;  [2011] WLR (D)  295 “When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.” WLR Daily, 18th october 2011 Source: www.iclr.co.uk [read post]
27 Apr 2012, 3:10 am by tracey
Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening); [2012] UKSC 16;  [2012] WLR (D)  124 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors could be justified as a means of achieving legitimate aims relating to recruitment and promotions within the firm. [read post]
22 Jun 2009, 1:39 am
L'Oréal SA and others v Bellure NV and others (Case C-487/07); [2009] WLR (D) 203 “The claimants, producers and marketers of luxury perfumes, were the proprietors in the United Kingdom of well-known trade marks, some in the form of word marks alone, and others being word and figurative marks including a representation of the bottle or [...] [read post]
12 Nov 2009, 3:35 am
Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd [2009] EWCA Civ 1159; [2009] WLR (D) 321 "A claimant bringing an action in tort for exposure to asbestos dust resulting in mesothelioma was required to establish that the tortious exposure had materially increased the risk of contracting the disease. [read post]
3 Mar 2009, 2:11 am
Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) [2009] EWCA Civ 97; [2009] WLR (D) 75 “A ‘notice of an amount of the debt’ within the meaning of s4(5) of the Late Payment of Commercial Debt (Interest) Act 1998 did not have to be correct before the court [...] [read post]
5 Aug 2009, 2:17 am
R (Sainsbury's Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278 “S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or [...] [read post]
2 Dec 2009, 3:46 am
R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349 "The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to [...] [read post]
20 Jul 2009, 1:44 am
Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245 “Where the relevant regulator was considering whether a mobile telecommunications company had ’significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded. [read post]
3 Aug 2009, 2:38 am
R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) [2009] UKHL 45; [2009] WLR (D) 271 “The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to [...] [read post]