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1 Apr 2011, 11:41 am
Toute personne qui contrevient à cet article est passible de méfait de troisième degré tel que stipulé par l’article s.775.082 ou s. 775.083 ou, s’il s’agit d’une corporation, l’article s.775.083. [read post]
16 Dec 2021, 3:30 am
Bernard D. [read post]
18 Oct 2010, 1:59 am
Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd [2010] EWHC 2538 (Ch); [2010] WLR (D) 255 “Considerations that the institution of proceedings for relief under s 244 of the Insolvency Act 1986 in respect of a transaction to which the company was a party was extortionate when the issue was only triable and the consequences of thereby rescuing the company less than reasonably practicable were relevant to the… [read post]
21 Mar 2011, 3:47 am
Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D) “It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the… [read post]
13 Mar 2012, 3:35 am
Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71 “National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. [read post]
31 Oct 2008, 9:46 am
Boreh v Ealing London Borough Council [2008] EWCA Civ 1176; [2008] WLR (D) 334 “The suitability of accommodation offered by a local housing authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made. [read post]
8 Feb 2010, 4:07 am
NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28 “A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. [read post]
24 Mar 2010, 3:56 am
Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83 “A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the… [read post]
25 Jul 2008, 8:59 am
Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253 “In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be "associated" not only at the time of leaving the group but also at the time of the relevant intra-group transfer. [read post]
10 Oct 2008, 9:10 am
[Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310] “A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to… [read post]
15 Jun 2010, 2:07 am
Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146 “A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. [read post]
11 Apr 2008, 1:37 am
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101 “If the country of the principal winding up of an insolvent company was a designated "relevant country" for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the … [read post]
17 Nov 2008, 11:34 am
Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358 “In concluding that a valuation of the claimant's land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. [read post]
3 Aug 2010, 3:31 am
Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216 “In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom… [read post]
14 Mar 2008, 2:54 am
Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87 “Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer's request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect… [read post]
25 Mar 2010, 3:09 am
Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89 “To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. [read post]
28 Jul 2008, 8:45 am
Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255 “Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client's right to sue the adviser in negligence accrued on the date when the transfer was… [read post]
24 Feb 2010, 2:51 am
Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47 “In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. [read post]
7 May 2007, 7:44 pm
Co. v. [read post]
14 Oct 2010, 11:00 am
Professional Responsibility Dismissal Where the referee's finding that Judge Joan F. [read post]
