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7 Sep 2010, 2:26 am
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
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
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
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]
25 Apr 2012, 1:53 am
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
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]
16 Jul 2010, 2:37 am
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]
8 Apr 2008, 1:51 am
Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96 “Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant's death were not liable for failing to secure for the deceased's estate what, on the full facts, would have amounted a an uncovenanted windfall. [read post]
14 Oct 2010, 2:02 am
Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248 “S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities. [read post]
29 Jul 2008, 8:35 am
Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258 “Access to land to remove oil vested in the Crown from beneath the subsoil, without obtaining access rights from the owner of the land, amounted to an actionable trespass entitling the landowner to compensation, which was to be assessed on the basis of what would be fair and reasonable between willing parties. [read post]
10 Jul 2014, 7:33 am
Jewell (D. [read post]
8 Jul 2021, 3:03 am
Repsis (D. [read post]
13 Jan 2018, 8:00 pm
Consider Hanberry v. [read post]
30 Sep 2019, 6:05 am
In Diaz v Ibarra, 2019 WL 4394491 (D. [read post]
6 Jun 2012, 4:46 am
The case, Shawn D. [read post]
16 Apr 2024, 2:43 am
SEDLIK v. [read post]
14 Nov 2008, 10:00 am
Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D); [2008] WLR (D) 356 “The United Kingdom's decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment… [read post]
