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24 Feb 2010, 2:51 am
Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47 “In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. [read post]
24 Jan 2011, 2:25 am
Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7 “Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable… [read post]
12 Mar 2012, 3:40 pm
On February 21, 2012, the Supreme Court announced its decision in Marmet Health Care Center, Inc. v. [read post]
13 May 2010, 2:50 am
ZN (Afghanistan) and others v Entry Clearance Officer [2010] UKSC 21; [2010] WLR (D) 121 “Family members who sought entry to the United Kingdom to join a sponsor who had been granted asylum but had subsequently obtained British citizenship still had to satisfy the rules dealing with applications to join a person who had been granted asylum and, therefore, they did not have to meet the maintenance and accommodation requirements imposed by the general rules relating to applications by… [read post]
6 Apr 2012, 2:36 pm
On April 2, 2012 the Supreme Court announced its decision in Florence v. [read post]
3 Jun 2010, 2:55 am
Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140 “A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. [read post]
16 Jun 2010, 1:31 am
Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148 “The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction… [read post]
22 Jun 2007, 2:17 am
Sharma and others v. [read post]
1 Feb 2010, 2:32 am
R (Huitson) v HM Revenue and Customs [2010] EWHC 97 (Admin); [2010] WLR (D) 11 ”It was within the permissible area of discretionary judgment of Parliament, and compatible with art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, to legislate with retrospective effect to prevent taxpayers from seeking to use, by wholly artificial arrangements, a Double Tax Arrangement such as existed between the United Kingdom and the Isle of… [read post]
25 Apr 2012, 4:31 pm
On April 17, 2012, the Supreme Court announced its decision in Caraco Pharmaceutical Laboratories, Ltd. v. [read post]
1 Aug 2007, 2:33 am
R (Donnachie) v. [read post]
29 May 2012, 8:36 am
On May 21, 2012, the Supreme Court announced its decision in Taniguchi v. [read post]
21 Mar 2011, 6:14 am
Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90 “Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation… [read post]
13 Mar 2012, 3:35 am
Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71 “National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. [read post]
31 Oct 2008, 9:46 am
Boreh v Ealing London Borough Council [2008] EWCA Civ 1176; [2008] WLR (D) 334 “The suitability of accommodation offered by a local housing authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made. [read post]
30 Aug 2007, 11:55 am
Compuware Corp v. [read post]
8 Feb 2010, 4:07 am
NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28 “A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. [read post]
26 Apr 2010, 3:23 am
Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100 “Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. [read post]
8 Feb 2010, 3:11 am
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24 ”When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. [read post]
18 Oct 2010, 1:55 am
Laws v Metropolitan Police Authority and another [2010] EWCA Civ 1099; [2010] WLR (D) 254 “By reg 37(1) of the Police (Injury Benefit) Regulations 2006, on a review of an injury pension payable under those regulations, the only duty of the police authority was to consider whether, since any previous review, the degree of pension disablement had substantially altered, and it was not open to the authority to reduce or increase a pension on such a review by virtue of a conclusion that… [read post]
