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25 Apr 2012, 1:53 am by sally
Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117 “Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a… [read post]
10 Oct 2008, 9:10 am
[Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310] “A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to work… [read post]
25 Oct 2010, 2:30 am by sally
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262 “In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of… [read post]
2 May 2008, 1:47 am
Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134 “Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had been an act of direct sex discrimination and victimisation. [read post]
15 Jun 2010, 2:07 am by sally
Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146 “A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. [read post]
22 Oct 2010, 3:55 am by traceydennis
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
25 Nov 2010, 2:09 am by traceydennis
Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296 “It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. [read post]
11 Apr 2008, 1:37 am
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101 “If the country of the principal winding up of an insolvent company was a designated "relevant country" for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal… [read post]
17 Nov 2008, 11:34 am
Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358 “In concluding that a valuation of the claimant's land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. [read post]
6 Aug 2008, 8:19 am
Greenweb Ltd v Wandsworth London Borough Council; [2008] WLR (D) 286 “On the proper interpretation of ss 14(1) and 15 (3) of the Land Compensation Act 1961 the amount of compensation payable for compulsory acquisition of vacant land on which Victorian houses had stood prior to their destruction during the Second World War should be based on the assumption that planning permission had been granted for specified development even though planning permission for such… [read post]
3 Aug 2010, 3:31 am by michael
Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216 “In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the… [read post]
1 Mar 2011, 2:53 am by sally
Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66 “The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions… [read post]
19 Feb 2008, 2:03 am
R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72; [2008] WLR (D) 49 “The court was entitled to decide the meaning of a ministerial policy introducing an ex gratia compensation scheme. [read post]
7 Sep 2010, 2:26 am by traceydennis
Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240 “An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. [read post]
14 Jan 2011, 2:38 am by traceydennis
Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1 “In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of… [read post]
14 Mar 2008, 2:54 am
Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87 “Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer's request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect the… [read post]
25 Mar 2010, 3:09 am by sally
Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89 “To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. [read post]
25 Nov 2011, 3:52 am by sally
Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340 “The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working… [read post]
16 Jul 2010, 2:37 am by traceydennis
Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182 “The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10… [read post]
28 Jul 2008, 8:45 am
Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255 “Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client's right to sue the adviser in negligence accrued on the date when the transfer was made and… [read post]