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7 Nov 2010, 7:05 am
Now on the Northwestern University Law Review Colloquy, a four-part symposium on the recent Establishment Clause case, Salazar v. [read post]
3 May 2007, 2:15 am
R (Dost Mohammed) v. [read post]
24 Mar 2010, 3:56 am
Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83 “A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full… [read post]
25 Jul 2008, 8:59 am
Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253 “In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be "associated" not only at the time of leaving the group but also at the time of the relevant intra-group transfer. [read post]
17 Dec 2010, 3:15 am
DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330 “Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts… [read post]
9 Dec 2010, 2:24 am
Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219 “The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr 2.39(1) and (3) and 2.38(5) were to be… [read post]
11 Apr 2008, 1:37 am
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101 “If the country of the principal winding up of an insolvent company was a designated "relevant country" for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators… [read post]
6 Jun 2011, 2:21 pm
On May 23, 2011, the Supreme Court announced its decision in General Dynamics Corp. v. [read post]
2 May 2008, 1:47 am
Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134 “Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had been an act of direct sex discrimination and victimisation. [read post]
15 Jun 2010, 2:07 am
Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146 “A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. [read post]
22 Oct 2010, 3:55 am
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
25 Nov 2010, 2:09 am
Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296 “It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. [read post]
9 May 2007, 2:13 am
Discrimination by nationality is not racial bias Regina (Dost Mohammed) v. [read post]
15 Jan 2011, 10:07 am
Pasley v. [read post]
25 Mar 2008, 5:10 am
Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93 “On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on which the court could… [read post]
17 Nov 2008, 11:34 am
Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358 “In concluding that a valuation of the claimant's land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. [read post]
6 Aug 2008, 8:19 am
Greenweb Ltd v Wandsworth London Borough Council; [2008] WLR (D) 286 “On the proper interpretation of ss 14(1) and 15 (3) of the Land Compensation Act 1961 the amount of compensation payable for compulsory acquisition of vacant land on which Victorian houses had stood prior to their destruction during the Second World War should be based on the assumption that planning permission had been granted for specified development even though planning permission for such development had in… [read post]
3 Aug 2010, 3:31 am
Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216 “In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for… [read post]
1 Mar 2011, 2:53 am
Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66 “The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its… [read post]
25 Jul 2007, 2:11 am
Secretary of State for Work and Pensions v. [read post]
