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18 Apr 2011, 2:13 am
Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136 “The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union. [read post]
12 Mar 2010, 3:27 am
Bradford & Bingley plc v Ashcroft [2010] EWCA Civ 223; [2010] WLR (D) 74 ”There was no need to re-analyse a part-payment of a mortgage debt or to put a gloss on it in terms of acknowledgment for the purposes of calculating whether or not the limitation period had expired because s 29(5) of the Limitation Act 1980 made provision for a freestanding mechanism for the computation of time. [read post]
7 Sep 2010, 2:21 am
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that… [read post]
4 Aug 2008, 9:32 am
Donaldson v O'Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275 “The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors' meeting should make such an appointment. [read post]
31 Oct 2008, 9:50 am
R (Purdy) v Director of Public Prosecutions [2008] EWHC 2565; [2008] WLR (D) 337 “The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted under s 2(1) of the Suicide Act 1961 for assisting another person to commit suicide. [read post]
3 Dec 2010, 1:58 am
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]
7 Mar 2011, 2:39 am
Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71 “A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]
18 Apr 2008, 1:39 am
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114 “S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
25 Mar 2008, 5:04 am
Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91 “A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum. [read post]
16 Jul 2010, 9:33 am
R (Rickets) v Basildon Magistrates’ Court [2010] WLR (D) 186 “If goods were left outside a charity shop it could be inferred that it was the owner’s intention to donate them as a gift to the shop, and they were not abandoned but remained the property of the person who deposited them until taken into the control or possession of the charity; and if some other person removed the goods in the meantime he might be found to have committed an offence of theft. [read post]
25 Nov 2008, 10:03 am
Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364 “A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient. [read post]
5 Nov 2010, 3:23 am
Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276 “An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence. [read post]
2 Sep 2008, 8:26 am
Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298 “The correct approach to the assessment of damages on a landowner's claim against a council in respect of its tenants' trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights. [read post]
30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
29 Jun 2010, 1:58 am
Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162 “In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations. [read post]
28 Jul 2008, 8:42 am
CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254 “A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller's suppliers chose, for whatever reason, not to make them available. [read post]
31 Jul 2008, 9:14 am
McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266 “A foreign prosecuting authority's plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
2 Mar 2012, 2:57 am
Regina v S(C): [2012] EWCA Crim 389; [2012] WLR (D) 54 “Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.” WLR Daily, 29th February 2012 Source: www.iclr.co.uk [read post]
19 Aug 2009, 7:28 am
Postal Service, --- F.Supp.2d ----, 2009 WL 2496282 (D. [read post]
