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24 May 2012, 1:52 am
Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156 “A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. [read post]
30 Aug 2012, 3:08 am
Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159; [2012] WLR (D) 255 “The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the… [read post]
27 Jun 2011, 6:45 am
Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208 “An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. [read post]
1 Jun 2007, 11:28 am
Holme Roberts & Owen LLP have an information page on KSR v. [read post]
22 May 2012, 5:00 am
The opening brief on the merits was filed last Tuesday in Rose v. [read post]
7 Feb 2011, 5:23 pm
Today DOJ sought and received an extension until 17 February to respond to the complaint in Partington v. [read post]
18 Dec 2009, 2:12 am
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372 “Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings. [read post]
3 May 2012, 2:07 am
DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127 “The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if… [read post]
26 Jun 2012, 2:10 am
Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184 “A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. [read post]
19 Apr 2012, 8:42 am
On April 16, 2012, the Supreme Court heard oral argument in Christopher v. [read post]
20 Jul 2010, 2:23 am
Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192 “An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. [read post]
4 Oct 2007, 2:48 am
Celebrities enjoy no extra right to privacy Murray v Express Newspapers plc and Another “Where an individual was engaged in innocuous, routine activity in a public place, such as a street, that activity attracted no right or expectation of privacy and, accordingly, there was no prohibition on the taking or publishing of photographs of famous people engaged in such activity in a public place unless there were special circumstances such as harassment or distress caused to the… [read post]
5 Apr 2012, 2:39 am
Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108 “An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”… [read post]
4 Nov 2010, 2:56 am
Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274 “As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or… [read post]
20 Feb 2012, 3:18 am
Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137; [2012] WLR (D) 35 “The date from which interest ran on an award of costs in the county court in favour of a successful litigant was, by reason of article 2 of the County Court (Interest on Judgment Debts) Order 1991, the date the order for costs was made, not the date on which costs were assessed or agreed. [read post]
25 Apr 2012, 1:51 am
Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116 “European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. [read post]
30 Oct 2007, 3:13 am
Police had good defence to unlawful detention claim Austin and Another v Commissioner of Police of the Metropolis Court of Appeal “It was lawful only in extreme and exceptional circumstances for the police to contain demonstrators and members of the public caught up in that demonstration who themselves did not appear to be about to commit a breach of the peace. [read post]
18 Jul 2007, 2:38 am
Addition of parties is not same as substitution Adelson and Another v. [read post]
14 Oct 2010, 2:20 am
Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251 “If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. [read post]
7 Jun 2012, 3:15 am
Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171 “When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his… [read post]
