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31 Jul 2012, 1:32 am
Selwood v Durham County Council and others [2012] EWCA Civ 979; [2012] WLR (D) 231 “When determining whether a defendant owed a common law duty of care to a claimant in respect of the actions of a third party on the basis of foreseeability, proximity and fairness, justice and reasonableness, in accordance with the test laid down in Caparo Industries plc v Dickman [1990] 2 AC 605, there was no need to show that the defendant had assumed any responsibility for the… [read post]
7 Mar 2023, 4:43 am
Here are the materials in Stinson Lumber Co. v. [read post]
26 Jul 2013, 6:22 am
Editor's Note: The following post comes to us from Marco V. [read post]
1 Apr 2011, 3:02 am
Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 14; [2011] WLR (D) 114 “It was objectively justified, under regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, for the Secretary of State for Children, Schools and Families to employ teachers on a succession of fixed-term contracts for secondment to European Schools. [read post]
14 Oct 2008, 8:38 am
R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another; [2008] WLR (D) 315 “The Independent Police Complaints Commission did not act incompatibly with Convention rights in not giving a direction to chief officers to prohibit conferring between officers following a fatal shooting by police officers. [read post]
4 Jan 2011, 1:51 am
R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341 “R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family… [read post]
24 May 2018, 2:11 pm
Texas v. [read post]
10 Jan 2007, 6:04 am
Car Toys, Inc., Slip Copy, 2006 WL 3487686 (D. [read post]
20 Apr 2010, 4:23 am
App. 1975), aff'd, Andresen v. [read post]
15 Oct 2014, 10:59 am
There was a Rule 36 judgment in Thermolife v. [read post]
20 Jun 2011, 2:48 am
Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others [2011] EWCA Crim 1462; [2011] WLR (D) 197 “For the purposes of deciding the starting point for determining the minimum term to be served by a defendant sentenced to life imprisonment on conviction of murder committed with a knife the fact that the defendant had taken a knife from the kitchen of a home to another room in the same home, even if a locked door was forced,… [read post]
5 Apr 2017, 7:09 am
Note: Anthony D. [read post]
31 Aug 2012, 2:19 am
Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin); [2012] WLR (D) 256 “Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F… [read post]
28 Aug 2012, 3:00 am
Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin); [2012] WLR (D) 254 “In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against… [read post]
31 May 2012, 2:38 am
Cavenagh v William Evans Ltd: [2012] EWCA Civ 697; [2012] WLR (D) 164 “Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. [read post]
10 Aug 2012, 2:44 am
Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840; [2012] WLR (D) 247 “A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. [read post]
6 Jun 2012, 2:49 am
Samsung Electronics (UK) Ltd v Apple Inc: [2012] EWCA Civ 729; [2012] WLR (D) 166 “Where the proprietor of a registered Community design, the validity of which was already in issue in proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) or another Community design court, brought a counterclaim alleging infringement of the design against a claimant who had issued a claim in a Community design court seeking a… [read post]
4 May 2012, 3:18 am
AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563; [2012] WLR (D) 134 “Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules,… [read post]
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]
18 Jul 2012, 3:37 am
Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939; [2012] WLR (D) 206 “Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court… [read post]
