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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]
4 May 2012, 3:10 am
SAS Institute Inc v World Programming Ltd: (Case C-406/10); [2012] WLR (D) 131 “The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such,… [read post]
27 Feb 2012, 2:59 am
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09); [2012] WLR (D) 45 “The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be… [read post]
27 Jul 2011, 2:29 am
Regina (Huitson) v Revenue and Customs Commissioners [2011] EWCA Civ 893 ; [2011] WLR (D) 248 “Section 58 of the Finance Act 2008 which amended fiscal legislation regarding double taxation relief with retrospective effect, thereby removing tax relief from tax avoidance schemes to United Kingdom residents, was neither disproportionate nor incompatible with article 1 of the First Protocol to the Convention for the Protection of Human Rights and… [read post]
16 Dec 2011, 4:15 am
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369 “The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of… [read post]
23 Apr 2023, 1:22 pm
The D. [read post]
30 Apr 2009, 6:35 am
LEXIS 35549 (D. [read post]
20 Mar 2009, 3:39 am
Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102 “Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party. [read post]
20 Jan 2016, 6:28 am
RICHARD CONVERSE d/b/a DC TAX SERVICE, INC., Respondents and Appellants. [read post]
12 Mar 2009, 3:32 am
R v Seddon; [2009] WLR (D) 88 “In a European arrest warrant which sought a defendant's return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … [...] [read post]
11 Jun 2009, 1:31 am
R v Fazal [2009] WLR (D) 175 “A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant's bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002. [read post]
22 Jul 2009, 1:44 am
Slade v Slade [2009] EWCA Civ 748; [2009] WLR (D) 248 “When a court was sentencing a contemnor for conduct which had already been the subject of sentencing founded upon a criminal conviction it was essential that the second court should be fully informed of the factors and circumstances reflected in the first sentence. [read post]
3 Aug 2009, 2:41 am
R v C [2009] UKHL 42; [2009] WLR (D) 272 “The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability. [read post]
25 Mar 2008, 5:13 am
R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94 “The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence. [read post]
25 Mar 2008, 5:01 am
B v B [2008] EWCA Civ 543; [2008] WLR (D) 90 “In ancillary relief cases the source and origin of assets was one of the factors that had to be taken into account in determining distribution since the primary objectives of the exercise were fairness and an absence of discrimination between the parties. [read post]
