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20 Apr 2011, 1:41 am
North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138 “Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. [read post]
20 Apr 2010, 2:43 am
Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 394; [2010] WLR (D) 97 “In calculating the liability to corporation tax of an insurer in respect of its basic life and general annuity business, the taxpayer was entitled to relief in respect of losses incurred in past years, including years prior to 2003, when the law had been amended to make specific reference to the right to carry losses forward in respect of that type of business. [read post]
18 Aug 2008, 8:40 am
Cobbe v Yeoman's Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293 “A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided. [read post]
18 Apr 2008, 1:38 am
TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113 “The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement. [read post]
4 Mar 2008, 1:29 am
Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68 “The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31… [read post]
18 Apr 2008, 1:36 am
Principal and Fellows of Newnham College in the University of Cambridge v Revenue and Customs Commissioners [2008] UKHL 23; [2008] WLR (D) 111 “For the purposes of para 3A(7) of Sch 10 to the Value Added Tax Act 1994 a party was "in occupation" of land if it had the right to occupy the land as if it were the owner and to exclude any other person from enjoyment of such a right. [read post]
9 Sep 2008, 9:39 am
Aspinall's Club Ltd v Al-Zayat (No 2) [2008] EWHC 2101 (Comm); [2008] WLR (D) 301 “A fixed-term deferral or postponement of a sum owed to a gaming club by a patron amounted to the providing or allowing of credit contrary to s 16(1)(b) of the Gaming Act 1968. [read post]
14 Oct 2008, 8:37 am
Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314 “On an appeal against a decision of a licensing authority on a point of procedure a magistrates' court may not displace a lawful decision and remit the case on the basis that the authority's discretion should have been exercised differently. [read post]
28 May 2010, 2:28 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]
19 Jul 2012, 4:47 am
Regina (Alvi) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening):[2012] UKSC 33; [2012] WLR (D) 211 “Any requirement which, if not satisfied, would lead to an application for leave to enter or remain in the United Kingdom being refused, was a rule ‘as to the practice to be followed’ in the administration of the Immigration Act 1971 and therefore had to be laid before Parliament in… [read post]
3 Mar 2011, 2:09 am
Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69 “A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school. [read post]
12 Nov 2010, 3:03 am
R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287 “The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance. [read post]
25 Nov 2010, 2:18 am
Revenue and Customs Commissioners v Holland and another In re Paycheck Services 3 Ltd and others [2010] UKSC 51; [2010] WLR (D) 298 “A director of a corporate director of a company was not a de facto director of that company, who was thereby liable for the misuse of its assets, if his acts were done entirely within the ambit of the discharge of his duties and responsibilities as a director of the corporate director. [read post]
26 Oct 2010, 4:04 am
Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265 “Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. [read post]
25 Nov 2010, 2:15 am
Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297 “When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council. [read post]
13 Mar 2008, 2:05 am
R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79 “The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society. [read post]
25 Mar 2008, 5:07 am
Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92 “A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. [read post]
28 Feb 2011, 2:05 am
41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62 “The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building. [read post]
3 Dec 2010, 1:48 am
HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307 “Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme. [read post]
30 Mar 2011, 2:51 am
Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107 “Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. [read post]
