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13 Oct 2008, 9:20 am
Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-304/07); [2008] WLR (D) 312 “The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process. [read post]
4 Nov 2010, 2:59 am by sally
Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275 “When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its… [read post]
3 Feb 2011, 3:56 am by traceydennis
Regina (ZH Tanzania) v Secretary of State for the Home Department [2011] UKSC 4; [2011] WLR (D) 32 “The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. [read post]
3 Dec 2012, 3:40 am by sally
M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359 “The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national… [read post]
4 Feb 2011, 1:47 am by sally
Office of Fair Trading v Purely Creative Ltd and others [2011] EWHC 106 (Ch); [2011] WLR (D) 34 “For the purposes of applying the causation test in regulations 5 and 6 of the Consumer Protection from Unfair Trading Regulations 2008 the combined effect of all relevant misleading acts and omissions had first to be ascertained, and then subjected to the test whether, taken in the aggregate, it would probably cause the average consumer to take a transactional decision which he… [read post]
25 Jan 2011, 2:10 am by sally
CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12 “Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring… [read post]
16 Jan 2014, 11:41 pm by Kevin LaCroix
The German Federal High Court of Justice has ruled in a landmark decision known as ARAG v. [read post]
22 Feb 2012, 2:03 am by sally
Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37 “In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled… [read post]
12 Feb 2018, 10:53 pm by Christopher J. Gray
On May 29, 2013, AEI V first offered securities through its private placement pursuant to Regulation D (“Reg D”) of the federal securities laws. [read post]
6 Mar 2008, 1:23 am
Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73 “The assets of an unincorporated association, which was not a charity and which had ceased to exist due to the fall in its membership to below two, did not pass to the Crown as bona vacantia but vested in the sole surviving member of the association. [read post]
5 Nov 2010, 3:25 am by traceydennis
Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277 “An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988. [read post]
11 Feb 2011, 2:44 am by traceydennis
Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42 “A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006. [read post]
28 Jan 2011, 3:23 am by traceydennis
Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23 “A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do. [read post]