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3 Nov 2011, 3:29 am by sally
Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310 “Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide… [read post]
25 Jan 2012, 2:01 am by sally
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4 “Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. [read post]
1 Feb 2012, 2:29 am by sally
Regina (Elam) v Secretary of State for Justice [2012] EWCA Civ 29; [2012] WLR (D) 14 “The licence expiry date applicable to a prisoner serving consecutive terms of imprisonment including at least one term of 12 months or more was to be determined by the provisions of section 264(3) of the Criminal Justice Act 2003 unless all the offences for which the sentences were imposed had been committed before section 264 came into force on 4 April 2005; in such a case, section 37(1) of… [read post]
31 Oct 2011, 3:12 am by sally
Lovat v Hertsmere Borough Council [2011] EWCA Civ 1185; [2011] WLR (D) 306 “In the definition of ‘an excluded tenancy’ for the purposes of the additional right to enfranchisement applicable to tenancies not at a low rent under section 1AA of the Leasehold Reform Act 1967, the phrase ‘the house which the tenant occupies under the tenancy’ in section 1AA(3)(a) was to be construed as referring solely to the ‘house’ as defined in section 2(1)… [read post]
6 May 2011, 2:12 am by sally
Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available… [read post]
27 May 2011, 3:07 am by sally
Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179 “To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. [read post]
27 May 2011, 2:50 am by sally
FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178 “Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC)… [read post]
20 Jun 2011, 2:50 am by sally
Miguel v State of Trinidad and Tobago [2011] UKPC 14; [2011] WLR (D) 198 “A constitutional provision which exempted both existing laws and enactments which altered existing laws from its protection did not extend to an enactment which altered a law that had existed before the Constitution came into force but had since been abolished. [read post]
27 Nov 2009, 1:46 am
R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council [2009] UKSC 8; [2009] WLR (D) 342 "Where an asylum seeker’s claim to be under the age of 18 (and so entitled to accommodation under s 20(1) of the Children Act 1989) was disputed by the local authority who would have to provide [...] [read post]
17 Nov 2009, 2:26 am
Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates’ Court [2009] EWHC 2885 (Admin); [2009] WLR (D) 331 "The term 'summary proceedings'  in s 79 (10) of the Environmental Protection Act 1990 did not include the service of a notice of abatement under s 80 of the Act. [read post]
16 Nov 2009, 2:53 am
Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190; [2009] WLR (D) 328 "The line of Employment Appeal Tribunal authority requiring an employment judge, who was considering an application for relief from sanctions, to consider all the factors identified in CPR r 3.9 was overruled. [read post]
10 Nov 2009, 2:01 am
Regina (Bristol-Myers Squibb Pharmaceuticals Ltd) v National Institute for Health and Clinical Excellence [2009] EWHC 2722 (Admin); [2009] WLR (D) 318 "Art 6 of Council Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L40) ('the [...] [read post]
31 Aug 2007, 10:21 am
Klynveld Peat Marwick Goerdeler, 977 F.Supp. 654, 658 (S.D.N.Y.1997), aff'd 173 F.3d 844 (2d Cir.1999) (citing McGregor v. [read post]