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8 Mar 2012, 3:09 am by sally
Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61 “In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.” WLR Daily, 6th March 2012 Source: www.iclr.co.uk [read post]
28 Jul 2011, 2:53 am by tracey
Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39;  [2011] WLR (D)  257 “A judge was entitled to conclude that a helmet worn by a fictional character in a film was not a ‘sculpture’ for the purposes of copyright protection. [read post]
2 Apr 2012, 3:29 am by sally
Gregg and another v Pigott and others [2012] EWHC 732 (Ch); [2012] WLR (D) 104 “The phrase ‘statutory next of kin’ in an English settlement made in 1948 should be construed in such a way as to eliminate discrimination against adopted children by virtue of articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.” WLR Daily, 29th March 2012 Source: www.iclr.co.uk [read post]
16 Mar 2012, 4:55 am by tracey
AB and others v Ministry of Defence: [2012] UKSC 9;  [2012] WLR (D)  79 “Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.” WLR Daily, 14th March 2012 Source: www.iclr.co.uk [read post]
17 Oct 2011, 4:33 am by sally
Motto and others v Trafigura Ltd and another [2011] EWCA Civ 1150; [2011] WLR (D) 292 “Where a costs judge determined that base costs were disproportionate for the purposes of CPR r 44.4(2)(a), to render them proportionate the judge was required to satisfy himself that the work on each item on the bill of costs was necessary, and, if necessary, that the cost of the item was reasonable. [read post]
28 Jul 2011, 2:47 am by tracey
Autoclenz Ltd v Belcher and others [2011] UKSC 41;  [2011] WLR (D)  255 “In the employment context, the courts should focus on the reality of the relationship between the parties, which might not be accurately reflected by the written documentation. [read post]
10 Aug 2011, 2:40 am by sally
Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272 “Proceedings before the Special Immigration Appeals Commission to determine the immigration bail conditions of a person subject to a deportation order were interim proceedings in the deportation proceedings or ancillary to them. [read post]
11 Aug 2011, 2:02 am by sally
Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272 “Proceedings before the Special Immigration Appeals Commission to determine the immigration bail conditions of a person subject to a deportation order were interim proceedings in the deportation proceedings or ancillary to them. [read post]
4 Aug 2011, 2:44 am by sally
Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271 “A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat. [read post]
11 Aug 2011, 2:06 am by sally
JSC BTA Bank v Solodchenko and others [2011] EWHC 2163 (Ch); [2011] WLR (D) 273 “The court had jurisdiction to order a solicitor to disclose his client’s contact details if satisfied it was just and convenient to do so to ensure the effectiveness of an earlier order. [read post]
12 Mar 2012, 3:56 am by sally
Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67 “The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.” WLR Daily, 7th March 2012 Source: www.iclr.co.uk [read post]
28 Jul 2011, 2:41 am by tracey
Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862;  [2011] WLR (D)  254 “For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value. [read post]
21 Feb 2012, 2:55 am by tracey
MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135;  [2012] WLR (D)  36 ” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.” WLR Daily, 24th January 2012 Source: www.iclr.co.uk [read post]
10 Nov 2011, 2:15 am by sally
Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322 “An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.” WLR Daily, 9th November 2011 Source: www.iclr.co.uk [read post]
17 Feb 2012, 2:31 am by sally
British Broadcasting Corporation and another v Sugar (No 2) [2011] UKSC 4; [2012] WLR (D) 33 “Once it was established that information requested under the Freedom of Information Act 2000 was held by the BBC as a public authority for the purposes of journalism, it was effectively exempt from production under the Act, even if it was also held by the authority for other, possibly more important, purposes.” WLR Daily, 15th February 2012 Source: www.iclr.co.uk [read post]
7 Jul 2011, 2:59 am by sally
NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220 “The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. [read post]
27 Jan 2012, 2:38 am by tracey
West Tankers Inc v Allianz SpA and another: [2012] EWCA Civ 27;  [2012] WLR (D)  9 “In an appropriate case, the court had jurisdiction under section 66 of the Arbitration Act 1996 to order judgment to be entered in the terms of an arbitral award where the award was declaratory in form and, more particularly, where it took the form of a negative declaration.” WLR Daily, 24th January 2012 Source: www.iclr.co.uk [read post]
17 Dec 2019, 9:00 pm by Laurent Teyssèdre
L'Opposante avait cité un usage antérieur, en l'espèce un siège d'un véhicule Volkswagen Fox. [read post]