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28 Feb 2012, 3:19 am
Edgerton v Edgerton and another: [2012] EWCA Civ 181; [2012] WLR (D) 47 “Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. [read post]
23 Jan 2009, 3:12 am
R v Kousar [2008]; [2009] WLR (D) 16 “A wife who shared the matrimonial home with her husband, whom she knew was storing merchandise from his business at home, but acquiesced in it being there and did not demand he remove it, was not in control or possession of the goods within the meaning of s [...] [read post]
25 Jul 2008, 4:18 pm
Posted by D. [read post]
24 Jun 2022, 8:41 am
Steven D. [read post]
13 Feb 2014, 6:40 am
Narragansett Indian Tribe (D. [read post]
11 Apr 2010, 5:58 am
Stock analyzing the Supreme Court's recent decision in Kucana v. [read post]
17 Jul 2009, 3:24 am
R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244 “A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, [...] [read post]
9 Mar 2016, 7:44 am
RUNKLE, Plaintiff and Appellant, v. [read post]
22 Jul 2009, 1:46 am
R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249 “Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party [...] [read post]
16 Dec 2008, 11:20 am
R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387 “For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by [...] [read post]
4 Nov 2009, 7:31 am
Posted by D. [read post]
4 Dec 2009, 12:39 pm
THE ESTATE OF BERT SHULTZ, d/b/a BAYVIEW CENTER, Defendant, and CITY OF POLSON, Defendant and Appellant. [read post]
3 Apr 2009, 2:33 am
Doleman v Shaw [2009] EWCA Civ 283; [2009] WLR (D) 115 “On a true construction of s 178(4) of the Insolvency Act 1986, on the disclaimer of a lease by a liquidator, although the company ceased to be bound by the tenant covenants so far as its own obligations were concerned, it was treated as still [...] [read post]
28 Oct 2009, 9:59 am
WALTON and THEODORA D. [read post]
4 Nov 2009, 7:31 am
Posted by D. [read post]
11 Jun 2009, 1:36 am
R v Islam [2009] UKHL 30; [2009] WLR (D) 177 “When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the [...] [read post]
8 Jul 2009, 3:24 am
R v Downer [2009] EWCA Crim 1361; [2009] WLR (D) 233 “The offence of aggravated burglary under s 10 (1) of the Theft Act 1968 was not to be regarded as an indivisible offence and, in order to find out what constituted a burglary, it was essential to have regard to the two types of burglary [...] [read post]
2 Jul 2017, 9:00 pm
Dans les décisions G2/12 et G2/13, la Grande Chambre de recours avait jugé que si la CBE interdisait clairement de breveter des procédés essentiellement biologiques d'obtention de végétaux et d'animaux, les végétaux et animaux obtenus par des procédés essentiellement biologiques n'étaient quant à eux pas exclus de la brevetabilité. [read post]
29 Jan 2010, 1:43 am
Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10 “A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. [read post]
7 Dec 2010, 2:26 am
Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216 “The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by… [read post]
