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24 Apr 2008, 1:08 am
Ashley and Another v Chief Constable of Sussex Police House of Lords “A civil claim against the police for assault and battery by the family of an unarmed man shot dead during a police raid was not to be struck out despite the responsible officer's acquittal of murder because, in civil law, a plea of mistaken self-defence required not only that the assailant's mistaken belief that he had been under threat had been honestly held, as required by the criminal law, but also… [read post]
7 Feb 2011, 3:00 am
Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36 “Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order… [read post]
6 Nov 2008, 10:14 am
Regina (Reynolds) v Independent Police Complaints Commission Court of Appeal “Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty to investigate independently the cause of the injury even if that meant that it had to investigate… [read post]
9 Nov 2010, 5:00 am
Supreme Court will hear AT&T Mobility LLC v. [read post]
25 Jan 2010, 2:59 am
Kennedy v Information Commissioner and another [2010] WLR (D) 6 “The Information Tribunal was correct in holding that the wording of s 32(2) of the Freedom of Information Act 2000 had a very wide scope. [read post]
13 Aug 2007, 3:04 am
No entitlement to trial Regina (Singh) v Stratford Magistrates Court “Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). [read post]
2 Nov 2007, 1:32 am
I've probably written more about Broussard v. [read post]
14 Jun 2011, 11:09 am
In Fensterstock v. [read post]
6 Aug 2008, 7:21 pm
In Atlantic v. [read post]
8 May 2009, 4:20 am
Records v. [read post]
22 Sep 2012, 5:23 am
On September 20, 2012, the Michigan Court of Appeals ordered the opinion in Loutts v Loutts vacated and a new opinion was released. [read post]
24 May 2007, 2:54 am
Tax statute is not discriminatory Boake Allen Ltd. v. [read post]
16 Jul 2012, 3:44 am
Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202 “A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an… [read post]
5 Apr 2011, 1:24 am
Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122 “A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio. [read post]
31 Jul 2012, 1:30 am
KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230 “The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. [read post]
21 Jun 2011, 2:17 am
Regina (Gaunt) v Office of Communications (Liberty intervening) [2011] EWCA Civ 692; [2011] WLR (D) 201 “The provisions of the Ofcom Broadcasting Code had to be interpreted, as well as being applied in a particular case, so as to comply with the requirements of the right to freedom of expression in article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
2 Feb 2011, 1:31 am
JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27 “Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant… [read post]
5 Apr 2011, 1:22 am
Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121 “National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property. [read post]
24 Jun 2010, 1:55 am
Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155 The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise. [read post]
14 Mar 2012, 4:25 am
Revenue and Customs Commissioners v First Nationwide [2012] EWCA Civ 278; [2012] WLR (D) 73 “The tax status of preference dividends from a Cayman Islands company to whose shares the taxpayer had subscribed, was determined by the machinery by which they were distributed. [read post]
