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19 Jul 2011, 2:41 am
Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey [2011] EWCA Civ 813; [2011] WLR (D) 233 “The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and… [read post]
1 Aug 2008, 9:35 am
R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53; [2008] WLR (D) 272 “The statutory scheme requiring the Secretary of State's permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry… [read post]
25 Mar 2008, 5:10 am
Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93 “On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on… [read post]
26 May 2009, 11:23 pm
In this case, D is for decision. [read post]
12 Mar 2009, 3:28 am
HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87 “When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he [...] [read post]
25 Jul 2008, 8:49 am
Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250 “The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child. [read post]
23 Jul 2008, 9:09 am
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247 “The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order. [read post]
28 Aug 2020, 12:52 am
Resurrecting Animus/Renewing Intent by William D. [read post]
26 Sep 2019, 7:00 am
Eleven Engineering et al v. [read post]
18 May 2016, 6:20 am
CIVIL – BREACH OF CONTRACT DA 15-0241, 2016 MT 115, KEVIN D. [read post]
19 Jul 2012, 7:49 am
(Touro College - Jacob D. [read post]
14 Oct 2009, 10:33 am
BRETZ, INC., d/b/a BRETZ RV & MARINE, a Montana corporation, Defendant and Appellee. [read post]
21 Mar 2012, 9:22 am
G v de Visser (Case C-292/10); [2012] WLR (D) 87 “Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace… [read post]
9 May 2012, 1:54 am
Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139 “The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. [read post]
27 Jun 2011, 6:43 am
Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207 “Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the… [read post]
25 Jan 2012, 2:04 am
Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5 “At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding… [read post]
28 May 2010, 2:18 am
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136 “Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. [read post]
15 Nov 2010, 2:14 am
Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288 “S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
3 Apr 2012, 2:25 am
Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105 “A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and… [read post]
26 Apr 2010, 3:18 am
R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99 “The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds… [read post]
