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29 Oct 2008, 10:28 am
Club la Costa (UK) plc v Gebhard and another [2008] EWHC 2552 (QB); [2008] WLR (D) 332 “A valid offer to make amends under s 2(2) of the Defamation Act 1996 could not be made without the offeror conceding that the ’specific defamatory meaning’ which the statement conveyed was defamatory of the person bringing the complaint. [read post]
6 Jun 2012, 2:51 am
Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169 “The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in… [read post]
1 Aug 2012, 3:45 am
Regina (YZ (China)) v Secretary of State for the Home Department [2012] EWCA Civ 1022; [2012] WLR (D) 237 “Where a foreign national was removed from the United Kingdom in consequence of the unlawful issue of a certificate under section 96(2) of the Nationality, Immigration and Asylum Act 2002 following refusal by the Secretary of State of his application for revocation of a deportation order, there was no presumption that the court should order his return to pursue an… [read post]
21 Mar 2011, 3:47 am
Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D) “It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the… [read post]
11 Mar 2008, 2:21 am
Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77 “Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that… [read post]
16 Jul 2010, 2:20 am
Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180 “It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or… [read post]
18 Feb 2010, 1:53 am
O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42 “Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. [read post]
17 May 2011, 2:05 am
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158 “The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council… [read post]
4 Dec 2009, 2:45 am
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350 “A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. [read post]
3 Feb 2012, 2:48 am
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19 “Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. [read post]
3 May 2011, 2:18 am
Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146 “Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. [read post]
27 Apr 2010, 2:50 am
Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103 “A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. [read post]
20 Jan 2011, 1:25 am
Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5 “A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. [read post]
24 Feb 2010, 2:51 am
Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47 “In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. [read post]
24 Jan 2011, 2:25 am
Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7 “Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a… [read post]
13 May 2010, 2:50 am
ZN (Afghanistan) and others v Entry Clearance Officer [2010] UKSC 21; [2010] WLR (D) 121 “Family members who sought entry to the United Kingdom to join a sponsor who had been granted asylum but had subsequently obtained British citizenship still had to satisfy the rules dealing with applications to join a person who had been granted asylum and, therefore, they did not have to meet the maintenance and accommodation requirements imposed by the general rules relating to… [read post]
3 Jun 2010, 2:55 am
Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140 “A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. [read post]
16 Jun 2010, 1:31 am
Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148 “The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a… [read post]
1 Feb 2010, 2:32 am
R (Huitson) v HM Revenue and Customs [2010] EWHC 97 (Admin); [2010] WLR (D) 11 ”It was within the permissible area of discretionary judgment of Parliament, and compatible with art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, to legislate with retrospective effect to prevent taxpayers from seeking to use, by wholly artificial arrangements, a Double Tax Arrangement such as existed between the United Kingdom and the… [read post]
21 Mar 2011, 6:14 am
Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90 “Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in… [read post]
