Search for: "S. v. D."
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22 May 2008, 4:35 am
SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160 “A judge considering dispensing with parental consent to adoption had to focus on the child's welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications. [read post]
31 Jul 2008, 9:11 am
Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265 “The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. [read post]
11 Feb 2010, 2:58 am
R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30 “The interference that the imposition of a serious crime prevention order would make to a defendant’s freedom of action had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit. [read post]
4 Aug 2008, 9:35 am
Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278 “It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children's party did not have a duty of care to keep the children playing on it under uninterrupted supervision. [read post]
25 Apr 2008, 8:36 am
R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127 “Evidence obtained during ’safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984. [read post]
9 Jun 2017, 12:40 pm
S., at 236—a decision more akin to a district court’s preenforcement review of a subpoena than the warrantless searches and seizures we considered in Ornelas v. [read post]
19 Mar 2018, 2:11 pm
(See Rothman v. [read post]
11 Dec 2016, 2:24 pm
” (Quelimane Co. v. [read post]
4 Apr 2011, 2:24 am
Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117 “A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid… [read post]
31 Mar 2011, 2:55 am
Regina v Taylor (George Charles) [2011] EWCA Crim 728; [2011] WLR (D) 108 “Records kept on computer that affected or related to a company’s property or affairs were within the composite expression ‘book or paper affecting or relating to the company’s property or affairs’ within section 206(1)(c) of the Insolvency Act 1986. [read post]
8 Jul 2010, 2:14 am
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171 “Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best. [read post]
13 Aug 2008, 8:36 am
R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292 “A person's need for a refrigerator in which to keep medication did not amount to "need of care and attention" within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation. [read post]
20 May 2010, 3:30 am
Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129 “An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. [read post]
7 Jun 2022, 3:00 am
Over on The D&O Diary, Kevin LaCroix blogged about a Delaware federal court’s decision in Liberty Insurance Underwriters v. [read post]
16 May 2008, 1:59 am
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150 “The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person's removal would… [read post]
7 May 2010, 2:21 am
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113 “A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. [read post]
22 Nov 2011, 2:27 am
Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334 “The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. [read post]
9 Dec 2010, 2:21 am
Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218 “The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. [read post]
6 May 2014, 8:43 am
For example, in Westernbank Puerto Rico v. [read post]
18 Oct 2024, 3:30 am
Leah Litman The Supreme Court’s recent opinion in Securities and Exchange Commission v. [read post]