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6 Jul 2010, 1:33 am
Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170 “An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. [read post]
16 May 2008, 1:59 am
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150 “The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person's removal would contravene… [read post]
3 Feb 2011, 3:27 am
Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29 “Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. [read post]
21 Oct 2008, 9:14 am
R (Noone) v Governor of HMP Drake Hall and another [2008] EWCA Civ 1097; [2008] WLR (D) 319 “Where a prisoner was sentenced for a number of offences to differing periods of imprisonment, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, a sentence of less than 12 months was governed by the provisions of the 1991 Act whenever committed. [read post]
27 Apr 2010, 2:48 am
Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102 “The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. [read post]
20 May 2008, 1:46 am
Corporate Officer of the House of Commons v Information Commissioner and others [2008] EWHC 1084 (Admin); [2008] WLR (D) 155 “The obligation to provide information for disclosure pursuant to s 1(1) of the Freedom of Information Act 2000 was distinct from and not limited by the obligation to provide information for disclosure in a publication scheme pursuant to s 19 of that Act. [read post]
25 Jul 2008, 8:56 am
esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252 “Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. [read post]
18 Jan 2011, 1:44 am
M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2 “A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. [read post]
7 May 2010, 2:21 am
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113 “A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. [read post]
5 Jul 2012, 3:06 am
Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192 “Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the… [read post]
27 May 2020, 5:53 pm
“My Argument for Preserving Employment Division v. [read post]
7 Feb 2010, 9:00 pm
Par Philippe Signore La décision récente Therasense v. [read post]
13 Apr 2021, 4:39 am
Cane Bay Partners VII LLLP (D. [read post]
2 Apr 2008, 9:24 pm
(Captain D's didn't fire the cook, Garious Harris. [read post]
12 Aug 2019, 8:05 am
The first decision, Solera Holdings Inc. v. [read post]
18 Jun 2012, 2:56 am
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor… [read post]
18 Jun 2012, 2:56 am
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor… [read post]
25 Jan 2012, 2:06 am
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners [2012] EWCA Civ 15; [2012] WLR (D) 6 “Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist… [read post]
18 Jun 2012, 2:56 am
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor… [read post]
18 Jun 2012, 2:56 am
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor… [read post]
