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25 Jul 2011, 3:32 am
Drake v Harvey and others [2011] EWCA Civ 838; [2011] WLR (D) 244 “There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.” WLR… [read post]
24 Feb 2012, 3:52 am
Regina v Dowds: [2012] EWCA Crim 281; [2012] WLR (D) 43 “The reformulation of the statutory conditions for diminished responsibility was not intended to reverse the well established rule that voluntary acute intoxication was incapable of being relied on to found diminished responsibility and the presence of a recognised medical condition, although necessary, was not always a sufficient condition to raise the issue of diminished… [read post]
3 Dec 2010, 1:51 am
Regina v Major [2010] WLR (D) 309 “The Registrar of Criminal Appeals had power to grant a representation order in respect of an application or appeal against a restraining order imposed on acquittal of an offence, pursuant to the provisions of s 5A of the Protection from Harassment Act 1997. [read post]
31 Mar 2011, 2:52 am
Jones v Kaney [2011] UKSC 13; [2011] WLR (D) 109 “The immunity from suit for breach of duty that expert witnesses had previously enjoyed in relation to their participation in legal proceedings should be abolished. [read post]
19 Feb 2010, 1:37 am
Jayasinghe v Liyanage [2010] EWHC 265 (Ch); [2010] WLR (D) 44 “The adjudicator to the Land Registry had jurisdiction to conduct a trial of the question of beneficial entitlement to property where an objection to an application was made to the registrar and the matter referred to the adjudicator under s 73(7) of the Land Registration Act 2002. [read post]
5 Feb 2010, 2:12 am
Regina v Iqbal [2010] WLR (D) 23 “An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002. [read post]
11 Nov 2010, 2:21 am
Regina v Belton [2010] WLR (D) 283 “The offence of misconduct in public office was not restricted to office holders in receipt of remuneration. [read post]
16 Jun 2011, 2:22 am
Regina v Hichens [2011] WLR (D) 193 “On a charge of common assault the defence that the action was taken by way of self-defence to prevent a person from committing a crime or a breach of the peace was available even if the act of violence was not against the person concerned but was against an innocent third party. [read post]
3 May 2012, 2:11 am
Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129 “In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there. [read post]
11 Nov 2010, 2:24 am
Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28 “A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far. [read post]
14 Mar 2012, 4:28 am
Souglides v Tweedie and another [2012] EWHC 561 (Ch); [2012] WLR (D) 74 “An interest carved out of a superior leasehold or freehold interest could constitute ‘an interest reversionary (whether directly or indirectly)’ on the term of a lease for the purpose of section 9(1) of the Perpetuities and Accumulations Act 1964. [read post]
30 Oct 2012, 4:20 am
Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298 “‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. [read post]
25 Aug 2008, 3:43 pm
Missouri V. [read post]
3 Dec 2012, 3:42 am
Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360 “The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. [read post]
6 Feb 2012, 2:52 am
Regina v Armstrong [2012] EWCA Crim 83; [2012] WLR (D) 22 “If in the military courts a judge did not approve of a course that a military prosecutor intended to take the proper course for the judge was to ask for the matter to be referred either to the Director of Service Prosecutions or to the Attorney General, as might be appropriate.” WLR Daily, 1st February 2012 Source: www.iclr.co.uk [read post]
29 Aug 2012, 7:18 am
AMG (D. [read post]
14 Sep 2017, 6:35 am
In Hernandez v Ochoa, 2017 WL 3575487 (D. [read post]
8 Sep 2017, 7:20 am
(“D&G”). ... [read post]
22 Dec 2010, 7:01 am
Last week, Judge Robinson denied a Rule 56(d) motion by Acceleron in Acceleron, LLC. v. [read post]
7 Jun 2012, 3:01 am
Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169 “The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in… [read post]
