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11 Nov 2011, 3:19 am
Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285; [2011] WLR (D) 323 “A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. [read post]
11 Apr 2013, 11:25 am
Martin Surfacing, 263 F.R.D. 47 (D. [read post]
30 Jan 2007, 3:01 pm
I wonder who'd win? [read post]
2 Jan 2012, 2:25 am
Il est aussi devenu facile pour ceux qui ont accès à certaines données de la vendre à d’autres. [read post]
9 Dec 2010, 2:24 am
Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219 “The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr… [read post]
8 Apr 2008, 1:51 am
Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96 “Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant's death were not liable for failing to secure for the deceased's estate what, on the full facts, would have amounted a an uncovenanted windfall.… [read post]
17 Nov 2009, 2:23 am
Maher and another v Groupama Grand Est [2009] EWCA Civ 1191; [2009] WLR (D) 330 "While the existence of a legal right to claim interest was properly to be classified as a substantive matter to be determined by reference to the lex causae, an award of interest under s 35A of the Senior Courts Act 1981, [...] [read post]
16 Jul 2010, 2:20 am
Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180 “It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual… [read post]
8 Feb 2010, 3:11 am
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24 ”When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. [read post]
22 Oct 2010, 3:55 am
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
25 Nov 2010, 2:09 am
Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296 “It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. [read post]
7 Sep 2010, 2:26 am
Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240 “An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. [read post]
14 Jan 2011, 2:38 am
Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1 “In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise… [read post]
16 Jul 2010, 2:37 am
Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182 “The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in… [read post]
9 Apr 2009, 2:41 am
R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134 “The Pensions Appeal Tribunal did not, on an appeal against the defence secretary's interim assessment of the degree of a person's disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence [...] [read post]
1 May 2009, 2:41 am
R (M) v East Sussex County Council; [2009] WLR(D) 141 “The failure by a local education authority to amend a child's statement of special educational needs during the year of the child's transfer between phases of schooling, and to name and specify the type of school, was a breach of its obligations under s 324 of [...] [read post]
27 Nov 2011, 7:09 am
Tout d’abord, à la suite d’un accident, il est primordial de demeurer sur place et de déclarer cet accident aux autorités policières, et ce même si les dommages aux véhicules vous semblent minimes et que vous pensez ne pas être blessé. [read post]
13 Sep 2010, 2:52 am
Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241 “S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. [read post]
23 Sep 2011, 4:17 pm
See Walton v. [read post]
22 May 2008, 4:16 am
Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158 “Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant's failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003. [read post]