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25 Feb 2008, 1:46 am
R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party [2008] EWCA Civ 100; [2008] WLR (D) 57 “Where a statutory review of an immigration appeal mistakenly went ahead before a judicial review application establishing a good arguable case had been heard resulting in a final determination, that determination should be set aside and the judicial review proceed. [read post]
30 Nov 2010, 2:48 am
Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others [2010] EWHC 3099 (Ch); [2010] WLR (D) 303 “The end users of a commercial on-line media monitoring service who did not hold a Web End-User Licence from the publishers committed infringement of the publishers’ copyright in receiving and using the service. [read post]
12 Jul 2010, 2:48 am
Regina (Raphael) v Highbury Corner Magistrates’ Court and another [2010] EWHC 1502 (Admin); [2010] WLR (D) 178 “There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force. [read post]
26 Feb 2008, 1:34 am
Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58 “Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank's obligation was to carry out an honest, but otherwise subjective valuation. [read post]
12 Aug 2008, 8:35 am
Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd [2008] EWCA Civ 955; [2008] WLR (D) 289 “A manufacturer and seller of goods who lost them through the fault of another before he could make delivery and earn the price could recover that price as damages for their loss. [read post]
7 May 2008, 1:11 am
Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138 “S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation. [read post]
26 Nov 2010, 3:03 am
Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299 “Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to… [read post]
4 Aug 2008, 9:55 am
Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283 “A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the… [read post]
5 Nov 2010, 3:32 am
Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279 “When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the… [read post]
2 Jun 2010, 2:26 am
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch); [2010] WLR (D) 138 “The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts. [read post]
4 Aug 2008, 9:38 am
Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281 “The expenditure on a warehouse building which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building and therefore did not qualify as a capital allowance under s 18 of the Capital Allowances Act 1990. [read post]
11 Apr 2011, 2:53 am
Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129 “A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental… [read post]
3 Jun 2008, 1:30 am
Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176 “Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty. [read post]
31 Jul 2008, 9:20 am
R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60; [2008] WLR (D) 267 “Where, following threats by a foreign state as to the consequences, affecting national security, if he pursued an investigation into alleged corruption, the Director of the Serious Fraud Office had discontinued it, he had been entitled in his discretion to do so. [read post]
19 Mar 2008, 2:31 am
Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89 “In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director. [read post]
3 Feb 2011, 3:50 am
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2011] UKSC 5; [2011] WLR (D) 31 “A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage. [read post]
11 Mar 2011, 2:56 am
Ruiz Zambrano v Office national de L’emploi (ONEm) (Case C-34/09); [2011] WLR (D) 81 ”A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship. [read post]
14 Oct 2010, 2:01 am
Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport [2010] EWCA Civ 1093; [2010] WLR (D) 247 “The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus. [read post]
29 Apr 2008, 1:12 am
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another; [2008] WLR (D) 129 “Where a public official reasonably believed that information had been given under a statutory procedure in circumstances which gave rise at that time to a reasonable expectation of privacy, and the statute prohibited disclosure for purposes other than those to which the Act related, that information was exempt from disclosure under the Freedom of… [read post]
24 Oct 2008, 8:39 am
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322 “Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful. [read post]
