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4 Apr 2011, 2:34 am by sally
Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119 “Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. [read post]
30 Apr 2009, 2:13 am
Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 139 “Where an accused deliberately fled from a jurisdiction where his trial was pending, he was not, save in exceptional circumstances, entitled to rely, under s 82 of the Extradition Act 2003, on the passage of time due to delay [...] [read post]
6 Nov 2009, 2:14 am
R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316  ”Where a United Kingdom court had made a declaration of incompatability pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further [...] [read post]
19 Jun 2009, 1:31 am
AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194 “The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time [...] [read post]
26 Nov 2007, 12:59 am
***Staff Attorney, Vermont Public Defender's office. 1 "IT'S LIKE DEJA VU ALL OVER AGAIN:"* WILLIAMS V. [read post]
21 May 2009, 2:07 am
Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160 “The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General's reference, but his right of appeal still remained extant [...] [read post]
23 Jul 2010, 3:14 am by traceydennis
Regina v A and others [2010] EWCA Crim 1622; [2010] WLR (D) 194 “Where a murder was committed by a number of defendants acting together recent authority did not establish that the secondary party’s foresight of the principal’s intention was never relevant. [read post]
5 Aug 2009, 2:20 am
Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279 “Where an employer sought an injunction to restrain a strike, a union's failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the [...] [read post]
28 Jan 2009, 2:49 am
Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23 “The requirement of s 329(2) of the Criminal Justice Act 2003, that the court's permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion [...] [read post]
18 Jun 2009, 2:35 am
Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191 “Where the only proven debt against a bankrupt's estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer [...] [read post]
31 Jul 2012, 1:30 am by sally
KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230 “The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. [read post]
2 Feb 2011, 1:31 am by sally
JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27 “Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct… [read post]
30 Aug 2012, 3:08 am by tracey
Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159;   [2012] WLR (D)  255 “The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of… [read post]
4 Nov 2010, 2:56 am by sally
Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274 “As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more… [read post]