Search for: "Laws v. Laws"
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17 Dec 2009, 2:18 am
Omojudi v United Kingdom European Court of Human Rights "Deporting a sex offender who had indefinite leave to remain and had lived in the United Kingdom for 26 years was disproportionate and a breach of his right to a family life. [read post]
28 Oct 2009, 3:21 am
Regina v Greene (Jeremy Herbert) Court of Appeal (Criminal Division) “Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had [...] [read post]
2 Apr 2009, 2:16 am
In re Overnight Ltd Goldfarb v Higgins and Another Chancery Division “The cause of action for fraudulent trading under section 213 of the Insolvency Act 1986 accrued on the making of the winding-up order. [read post]
8 Jun 2009, 2:30 am
Rank Nemo (DMS) Ltd and Others v Coutinho Court of Appeal “An employment tribunal had no jurisdiction to enforce a discrimination compensation award it made to an employee; however, if the employee had entered a county court judgment on the award and the employer still failed to pay the money, then the employment tribunal could link the [...] [read post]
27 May 2010, 2:41 am
British Airways plc v Unite Court of Appeal “It was not appropriate to adopt an over-literal interpretation of a poorly drafted section which might defeat the policy behind the relevant Act. [read post]
9 Apr 2009, 2:34 am
Hussain (Zakir) v Secretary of State for the Home Department Court of Appeal “Evasion of immigration controls for a long time was not in itself a reason for deciding that an applicant, unlawfully in the United Kingdom, should not be allowed to stay. [read post]
24 Mar 2009, 3:50 am
Laroche v Spirit of Adventure (UK) Ltd Court of Appeal “A hot-air balloon was an aircraft governed by the Warsaw Convention on International Carriage by Air 1929, as scheduled to the Carriage by Air Act, 1961 and a passenger in it had to bring an action for personal injuries within the two-year period in article 29 [...] [read post]
9 Apr 2010, 2:33 am
O’Beirne v Hudson Court of Appeal “Where a consent order provided for costs to be assessed on the standard basis, the costs judge was not entitled to vary that order or tie himself to assessing by reference to the small claims track. [read post]
25 Nov 2009, 1:44 am
Regina v S(K) Court of Appeal (Criminal Division) "A judge should not continue to try a case alone after discharging the jury because of jury tampering where an informed objective bystander might legitimately conclude that there was a real possibility of bias by the judge. [read post]
11 Aug 2009, 1:56 am
Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) House of Lords “A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that they [...] [read post]
3 Apr 2009, 2:25 am
Kelly and Another v GE Healthcare Ltd Chancery Division “Compensation for employed inventors of inventions of outstanding benefit to the employer should be determined after the event, not before, in accordance with all available evidence so as to secure a just and fair reward to the employee. [read post]
17 Feb 2010, 5:17 am
Allison v HM Advocate Supreme Court “In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions. [read post]
4 Apr 2013, 3:37 pm
Loving V. [read post]
30 Oct 2009, 3:03 am
Joseph and Others v Spiller and Another Court of Appeal “Where terms in an agency contract were unlawfully contained in a separate document to the main contract, that breach did not necessarily operate to render the entire contract, or even the terms themselves, unenforceable. [read post]
6 Oct 2009, 2:05 am
MA (Pakistan) v Secretary of State for the Home Department Court of Appeal “It was not only cases involving children where it should be rare to dismiss an immigration appeal founded on article 8 of the European Convention of Human Rights, protecting the right to family life, on the ground that the claimant should apply for leave [...] [read post]
25 Jan 2010, 2:57 am
AXA Insurance plc and Another v Sulaman Court of Appeal “It was not usually helpful to compare factual details in one case with another to decide whether to deprive a litigant of some costs. [read post]
20 Oct 2009, 2:08 am
Earles v Barclays Bank plc Queen’s Bench Division “Although there was no duty on parties to preserve documents before proceedings commenced, after that the situation was radically different. [read post]
2 Jun 2009, 2:12 am
Napier and Another v Pressdram Ltd Court of Appeal “A barrister who made a complaint against his solicitor to his professional body owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication against the solicitor where the subject matter underlying the adjudication was nothing private to [...] [read post]
10 Jul 2009, 2:07 am
R v G(G) and Another Court of Appeal “Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive. [read post]
7 Apr 2009, 1:37 am
Regina (A) v Director of Establishments of the Security Service Court of Appeal “The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal. [read post]
