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13 May 2008, 1:42 am
Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch); [2008] WLR (D) 146 “The duty in s 4(2) of the Trustee Act 2000 (‘the Act') was a separate and independent duty, which was not restricted to exercises of the power of investment. [read post]
22 Jun 2009, 1:42 am
Owens v City of Westminster Magistrates' Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20 “When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within [...] [read post]
28 May 2012, 2:20 am
Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162 “Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.” WLR Daily, 21st May 2012 Source: www.iclr.co.uk [read post]
21 Apr 2011, 2:18 am
ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141 “The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children. [read post]
26 May 2009, 4:01 am
Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170 “It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company's freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an [...] [read post]
5 Mar 2009, 2:15 am
R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78 “A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was [...] [read post]
20 Mar 2009, 3:34 am
King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100 “The Crown Court's jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales. [read post]
27 Jan 2009, 2:13 am
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19 “S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not [...] [read post]
7 Apr 2009, 1:32 am
Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128 “An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent's standard terms could extend to the continuing use of unfair terms in an existing contract. [read post]
18 Jun 2009, 2:33 am
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189 “The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so [...] [read post]
18 May 2009, 3:12 am
Francois v Hutchinson 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154 “On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant's grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in [...] [read post]
2 Apr 2009, 2:23 am
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114 “The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be [...] [read post]
7 Dec 2011, 2:25 am
Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351 “In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.” WLR Daily, 5th December 2011 Source: www.iclr.co.uk [read post]
2 Nov 2009, 4:27 am
BTA Bank JSC v Ablyazov and others [2009] EWCA Civ 1958; [2009] WLR (D) 311 “The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf [...] [read post]
20 Mar 2009, 3:37 am
Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101 “The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt. [read post]
26 May 2009, 3:55 am
Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169 “When a legally assisted person's solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to [...] [read post]
7 Dec 2009, 3:15 am
Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354 "The words 'that person' in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time. [read post]
30 Nov 2010, 2:42 am
Shanks v Unilever plc and others [2010] EWCA Civ 1283; [2010] WLR (D) 300 “‘That person’ in s 41(2) of the Patents Act 1977 meant the actual assignee with its actual attributes rather than a notional non-connected counterparty operating in the appropriate market at the appropriate time. [read post]
8 May 2009, 3:00 am
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147 “Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company's cross claim was not merely [...] [read post]
13 Feb 2009, 1:42 am
Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50 “Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. [read post]