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14 May 2010, 2:37 am by traceydennis
Cooper v Attorney General  [2010] EWCA Civ 464; [2010] WLR (D) 122 “The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal… [read post]
17 Mar 2011, 3:36 am by sally
Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89 “The status of an ‘employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social… [read post]
20 May 2010, 3:20 am by sally
Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125 “Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or… [read post]
16 Dec 2010, 7:08 am by sally
Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328 “To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. [read post]
8 Apr 2010, 3:05 am by traceydennis
Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93  ”The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at… [read post]
2 May 2008, 1:52 am
Curistan v Times Newspapers Ltd [2008] EWCA Civ 432; [2008] WLR (D) 135 “The qualified privilege which attached to a “fair and accurate” report of parliamentary proceedings was not necessarily lost because of the addition of extraneous non-privileged material in the same article. [read post]
29 Apr 2010, 3:14 am by sally
Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106 “A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. [read post]
16 Nov 2009, 2:51 am
Regina v Patel; Regina v Hussain [2009] EWCA Crim 2311; [2009] WLR (D) 327 "The Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 were not to be construed as prohibiting transactions which were not intended to have the effect, nor had the effect, of releasing a medical product into a distribution scheme which would lead [...] [read post]
4 Aug 2008, 9:33 am
Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276 “It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter. [read post]
26 Mar 2019, 12:01 am by Emmanuel Barthe
Ce billet cherche à mettre à jour — sans le réécrire en entier — celui que j'ai publié en juillet 2017 : Affelnet : le logiciel d'affectation dans les lycées à Paris bugue sévèrement pour la deuxième année consécutive. [read post]
6 Apr 2010, 11:17 am by J. Catherine Kunz
The Federal Circuit in its March 19, 2010 decision in ATK Thiokol, Inc. v. [read post]
25 Mar 2011, 3:57 am by traceydennis
Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket (Case C-540/09);  [2011] WLR (D)  103 “The exemption from VAT laid down in article 13B(d)(5) of Sixth Council Directive 77/388/EEC applied to services supplied by a credit institution, for consideration, in the form of an underwriting guarantee to a company wishing to issue shares, where under that guarantee the credit institution undertook to acquire any shares which were not… [read post]