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20 Jul 2015, 1:00 am by Guy Stuckey-Clarke, Olswang LLP
Original Supreme Court decision However, the House of Lords allowed the appeal by a majority of 3 to 2 in R (Bancoult) v Foreign Secretary (No 2) [2008] UKHL 61. [read post]
13 Nov 2014, 5:49 am by Ayesha Christie, Matrix
The case of Gaughran v Chief Constable of the Police Service of Northern Ireland was heard by the Supreme Court on 16 October 2014, on appeal from [2012] NIQB 88. [read post]
16 Apr 2009, 8:47 am
On Wednesday, April 22, in Ricci v. [read post]
31 Aug 2012, 2:19 am by tracey
Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin);   [2012] WLR (D)  256 “Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the… [read post]
28 Aug 2012, 3:00 am by tracey
Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin);   [2012] WLR (D)  254 “In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against orders for… [read post]
31 May 2012, 2:38 am by tracey
Cavenagh v William Evans Ltd: [2012] EWCA Civ 697;  [2012] WLR (D)  164 “Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. [read post]
10 Aug 2012, 2:44 am by tracey
Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840;  [2012] WLR (D)  247 “A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. [read post]
5 Jun 2007, 2:16 am
Employees’ free advice compensation is chargeable to income tax Revenue and Customs Commissioners v Barclays Bank plc Court of Appeal “Payments to former employees of a bank to compensate them for the termination of an arrangement to provide them with a free tax advice service were made in connection with past service and were chargeable to income tax as relevant benefits requiring the bank to account to the Revenue for the tax under the pay-as-you-earn provisions. [read post]
6 Jun 2012, 2:49 am by tracey
Samsung Electronics (UK) Ltd v Apple Inc: [2012] EWCA Civ 729;   [2012] WLR (D)  166 “Where the proprietor of a registered Community design, the validity of which was already in issue in proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) or another Community design court, brought a counterclaim alleging infringement of the design against a claimant who had issued a claim in a Community design court seeking a… [read post]
15 Jul 2011, 2:54 am by tracey
St Prix v Secretary of State for Work and Pensions [2011] EWCA Civ 806;  [2011] WLR (D)  226 “A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had deliberately been excluded… [read post]
12 Jun 2007, 1:57 am
Housing authority need not state the obvious that the offer is  final Omar v. [read post]
4 May 2012, 3:18 am by tracey
AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563;  [2012] WLR (D)  134 “Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules, could be… [read post]
11 Nov 2011, 3:19 am by tracey
Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323 “A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. [read post]
18 Jul 2012, 3:37 am by tracey
Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206 “Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have… [read post]
4 May 2012, 3:10 am by tracey
SAS Institute Inc v World Programming Ltd: (Case C-406/10);  [2012] WLR (D)  131 “The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such, were not… [read post]