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23 Apr 2009, 10:02 am
Why do people look to the mental states of person rather than the outcomes the person produces? [read post]
23 Jan 2012, 7:32 am by Rick Hasen
Carr and its early one person, one vote progeny were wrongly decided. [read post]
5 Nov 2010, 3:34 am by traceydennis
Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280 “When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to… [read post]
22 Jun 2010, 1:25 am by sally
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal. [read post]
17 Dec 2010, 3:41 am by traceydennis
Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332 “Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process. [read post]
31 Jul 2008, 9:14 am
McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266 “A foreign prosecuting authority's plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
27 Feb 2008, 1:19 am
However, confiscation proceedings could not properly be brought against the personal assets of the partners on the basis of the partnership's conviction. [read post]
4 Aug 2008, 9:27 am
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274 “Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded. [read post]
4 Aug 2008, 9:32 am
Donaldson v O'Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275 “The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors' meeting should make such an appointment. [read post]
31 Oct 2008, 9:50 am
R (Purdy) v Director of Public Prosecutions [2008] EWHC 2565; [2008] WLR (D) 337 “The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted under s 2(1) of the Suicide Act 1961 for assisting another person to commit suicide. [read post]
4 Mar 2010, 2:28 am by sally
Regina v Upper Bay Ltd [2010] WLR (D) 60 “The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
3 Dec 2010, 1:58 am by sally
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]