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29 Jan 2009, 2:09 am
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27 “It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer's state and the taxpayer had no opportunity to show that the [...] [read post]
14 Dec 2009, 4:04 am
Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360 "S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the [...] [read post]
30 Nov 2010, 2:46 am
ITV Broadcasting Ltd and others v TV Catch Up Ltd [2010] EWHC 3063 (Ch); [2010] WLR (D) 301 “For the purposes of s 20 of the Copyright, Designs and Patents Act 1988, there was no requirement that the mode of communication to the public of a broadcast had to itself have the characteristics of a broadcast. [read post]
3 Nov 2011, 3:23 am
Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308 “A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.” WLR Daily, 25th October 2011 Source:… [read post]
3 Aug 2009, 2:51 am
Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275 “There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company's officer who was outside the jurisdiction. [read post]
12 Jan 2009, 1:49 am
East Devon District Council v Boundary Committee of the Electoral Commission [2009] EWHC 4 (Admin); WLR(D) 5 “The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals. [read post]
2 Mar 2009, 3:07 am
Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72 “Where the landlord's consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease. [read post]
12 Mar 2012, 4:00 am
W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69 “The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.” WLR Daily, 7th… [read post]
11 Mar 2010, 2:57 am
Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70 “S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
3 Aug 2009, 2:44 am
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273 “Where permission for the redevelopment of the claimant's land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that [...] [read post]
5 Sep 2023, 4:47 am
When I served on the D. [read post]
22 Jan 2010, 2:32 am
British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5 “In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. [read post]
27 Oct 2010, 2:43 am
Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268 “An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. [read post]
28 Jan 2011, 3:17 am
Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21 “A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. [read post]
14 Oct 2010, 1:58 am
Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246 “A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their… [read post]
24 Mar 2010, 4:03 am
Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86 “A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the… [read post]
13 Jun 2012, 11:28 am
Federal courts continue to interpret last year’s Wal-Mart v. [read post]
18 Jul 2011, 1:05 am
V. [read post]
4 Mar 2010, 2:26 am
Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59 “The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the… [read post]