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1 Mar 2012, 3:10 am by tracey
Cartwright and another v Registrar of Companies: [2012] EWHC 359 (Ch);  [2012] WLR (D)  48 “Where a company’s administrators sent notice to the registrar of companies to place the company into voluntary liquidation, and the notice was sent and received by the registrar before the termination of the administration, but the administrative steps to bring about that registration occurred after the end of administration, paragraph 83(4) of Schedule… [read post]
20 May 2011, 2:13 am by tracey
Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582;  [2011] WLR (D)  165 “Parties and their lawyers using the tribunal system should not draw the appellate courts into unnecessary speculation as to what the law would be if an employment tribunal had found the facts differently. [read post]
17 Nov 2011, 2:39 am by tracey
Williams v Essex County Council: [2011] EWCA Civ 1315;  [2011] WLR (D)  329 “A statement of special educational needs automatically lapsed when a person ceased to be a child, which was at 19 years. [read post]
16 Feb 2010, 9:50 am by michael
Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39 “A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. [read post]
24 Feb 2012, 3:48 am by tracey
City of London v Samede and others: [2012] EWCA Civ 160;  [2012] WLR (D)  41 “While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail… [read post]
10 Mar 2011, 3:05 am by sally
Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74 “Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment… [read post]
7 Sep 2012, 2:39 am by tracey
Rahman and Others v Secretary of State for the Home Department: Case C-83/11;   [2012] WLR (D)  259 “Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. [read post]
8 Jun 2011, 6:53 am by admin
On considère depuis le XIIIème siècle qu’il vaut mieux pour établir la vérité qu’un tiers se charge de la chercher, et malgré les fréquents projets prévoyant sa suppression, ce juge reste inébranlable. [read post]
4 Aug 2008, 9:56 am
Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284 “The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual's life arose from the state's… [read post]
19 Dec 2008, 10:31 am
R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398 “The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to [...] [read post]
14 Apr 2009, 2:49 am
R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138 “As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person [...] [read post]
22 Oct 2009, 1:59 am
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301 “The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the [...] [read post]
3 Mar 2009, 2:07 am
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74 “The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. [read post]
27 Jan 2009, 2:19 am
Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21 “On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to [...] [read post]
6 Feb 2009, 2:13 am
Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31 “When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard [...] [read post]