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20 Oct 2011, 2:48 am by tracey
Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust [2011] EWCA Civ 1149;  [2011] WLR (D)  294 “A claim for damages for personal injury was a chose in action capable of assignment. [read post]
21 Jan 2009, 2:23 am
Angel & Co (a firm) v Jenkins O'Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9 “When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened [...] [read post]
20 Feb 2009, 2:36 am
Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) [2009] EWHC 254 (Comm); [2009] WLR (D) 61 “The ‘damages’ awarded in respect of  ’the damage in question’  from which reduction was made pursuant to s 2(3)(b) of the Civil Liability (Contribution) Act 1978 in the event of contributory negligence on the part of [...] [read post]
22 Jul 2009, 1:48 am
Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2 “When a court was reviewing an international arbitration award made under ss 100-103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard [...] [read post]
9 Feb 2009, 2:10 am
Haringey London Borough Council v Department of Children, Schools and Families and another; [2009] WLR (D) 38 “S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom. [read post]
14 May 2010, 2:40 am by traceydennis
R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2010] UKSC 20; [2010] WLR (D) 123 “A planning authority, in considering the exercise of its compulsory purchase powers in relation to one site, was not entitled to take into account a commitment by a developer to secure the redevelopment of another unconnected site. [read post]
2 May 2008, 1:44 am
R (BAPIO Action Ltd) v Secretary of State for the Home Department and another [2008] UKHL 27; [2008] WLR (D) 133 “Departmental guidance to NHS trusts which had the effect of preventing trainee doctors from overseas being offered postgraduate training places in NHS hospitals was unlawful. [read post]
28 Jan 2009, 2:54 am
R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25 “The decision to abandon a prosecution because of the victim's mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim's rights under art 3 of [...] [read post]
30 Oct 2009, 3:14 am
Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-140/08); [2009] WLR (D) 308 “In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition [...] [read post]
16 Jul 2009, 2:58 am
Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others  [2009] EWHC 1696 (Ch); [2009] WLR (D) 242 “There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that [...] [read post]
28 Jan 2009, 2:52 am
R (The Electoral Commission) v City of Westminster Magistrates' Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24 “There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so. [read post]
26 Jun 2012, 2:07 am by sally
F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183 “Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.” WLR Daily, 22nd June 2012 Source: www.iclr.co.uk [read post]
2 Dec 2010, 2:09 am by sally
Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London [2010] EWHC 3098 (Admin); [2010] WLR (D) 305 “A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives. [read post]
18 Jul 2012, 3:44 am by tracey
International Leisure Ltd and another v First National Trustee Co UK Ltd and others: [2012] EWHC 1971 (Ch);  [2012] WLR (D)  208 “The rule against reflective loss and the extent to which a shareholder could sue for loss primarily suffered by and primarily belonging to a company did not extend to loss suffered by holders of a debenture.” WLR Daily, 16th July 2012 Source: www.iclr.co.uk [read post]
1 Aug 2011, 7:31 am by tracey
Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2011] UKSC 42;  [2011] WLR (D)  267 “Equilibrium of assets and liabilities was not a requirement of the definition of a money purchase pension scheme under section 181 of the Pension Schemes Act 1993.” WLR Daily, 27th July 2011 Source: www.iclr.co.uk [read post]
8 May 2009, 2:58 am
Symeou v Public Prosecutor's Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146 “The jurisdiction to order a person's discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation [...] [read post]