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3 Aug 2009, 2:44 am
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273 “Where permission for the redevelopment of the claimant's land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that [...] [read post]
11 May 2009, 2:48 am
Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others; [2009] WLR (D) 149 “Money payments made in the form of discretionary service charges by customers to waiters and bar staff by credit or debit card or by cheque, and collected by the proprietor/employer to be transmitted to employees via a ‘tronc’ system (an arrangement [...] [read post]
17 Dec 2009, 3:03 am
Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; [2009] WLR (D) 363 "A dependent family member of an EU national who retained worker status should be treated as living in Great Britain under the terms of art 2 of Council Directive 2004/38/EC (the Citizenship Directive) for the purpose of considering the [...] [read post]
22 Jun 2009, 1:29 am
R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198 “The phrase ‘further submissions’, in the context of the Secretary of State's obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, [...] [read post]
17 Nov 2009, 2:35 am
Southern Pacific Personal Loans Ltd v Walker and another [2009] EWCA Civ 1176 ; [2009] WLR (D) 333 "A credit broker’s administration fee entered into the 'charge for credit' and did not form part of the total 'amount of credit' for the purposes of the Consumer Credit Act 1974, even though payment of the fee was [...] [read post]
6 May 2009, 2:06 am
Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143 “In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, [...] [read post]
17 Nov 2009, 2:21 am
Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166; [2009] WLR (D) 329 Â "For the purpose of accrual of a cause of action in the tort of negligence, damage which flowed from an unsecured contingent liability incurred by the claimant insurer, under after the event legal expenses insurance policies, was suffered [...] [read post]
29 Jan 2009, 2:09 am
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27 “It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer's state and the taxpayer had no opportunity to show that the [...] [read post]
14 Dec 2009, 4:04 am
Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360 "S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the [...] [read post]
17 Jun 2009, 2:29 am
Bocardo SA v Star Energy UK Onshore Ltd and anr [2009] EWCA Civ 579; [2009] WLR (D) 187 “A party, under licence from the Crown to search for, bore and obtain oil, which drilled and used pipelines to extract the oil from land without the grant of permission by the owner of the paper title in [...] [read post]
6 Oct 2009, 2:12 am
R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292 “In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those [...] [read post]
3 Aug 2009, 2:51 am
Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275 “There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company's officer who was outside the jurisdiction. [read post]
17 Nov 2009, 2:31 am
Independent News and Media Ltd and Others v A [2009] EWHC 2858 (Fam); [2009] WLR (D) 332 "Since Court of Protection proceedings were within the recognised exceptions to the open justice principle article 10 rights were not immediately engaged and it was for an applicant to demonstrate 'good reason' before the court was obligated to conduct [...] [read post]