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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]
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
The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.” WLR Daily, 9th November 2011 Source: www.iclr.co.uk [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]
27 Feb 2012, 2:59 am by tracey
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09);  [2012] WLR (D)  45 “The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be applied to… [read post]
27 Jul 2011, 2:29 am by tracey
Regina (Huitson) v Revenue and Customs Commissioners [2011] EWCA Civ 893 ;  [2011] WLR (D)  248 “Section 58 of the Finance Act 2008 which amended fiscal legislation regarding double taxation relief with retrospective effect, thereby removing tax relief from tax avoidance schemes to United Kingdom residents, was neither disproportionate nor incompatible with article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental… [read post]
16 Dec 2011, 4:15 am by tracey
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565;  [2011] WLR (D)  369 “The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the… [read post]
7 Sep 2007, 1:55 am
DPP Daily Telegraph, 6th September 2007 Source: www.telegraph.co.uk Please note the Daily Telegraph Law Reports are avialble online for one week only. [read post]
11 Oct 2007, 2:31 am
R (Lawson) v Stafford Magistrates’ Court R (Hadfield) v Manchester Crown Court Bird v Sylvester & Anr Osseily v Westminster CC Stenson & Others v West Dunbartonshire Council R (Walton) v Commission for Social Care Inspection Daily Telegraph, 11th October 2007 Source: www.telegraph.co.uk Please note the Daily Telegraph Law Reports are only available online for one week. [read post]
24 May 2007, 2:55 am
Birmingham CC Daily Telegraph, 24th May 2007 Source: www.telegraph.co.u Please note that the Daily Telegraph Law Reports are only available online for one week. [read post]
14 Jun 2007, 2:00 am
Swan Hunter Group plc Daily Telegraph, 14th June 2007 Source: www.telegraph.co.uk Please note the Daily Telegraph Law Reports are only available online for one week. [read post]
17 May 2007, 5:00 am
British Transport Police Daily Telegraph, 17th May 2007 Source: www.telegraph.co.uk Please note that the Daily Telegraph Law Reports are only available online for one week. [read post]
31 May 2007, 4:34 am
&  Anr   Daily Telegraph,  31st May 2007   Source: www.telegraph.co.uk Please note the Daily Telegraph Law Reports are only available online for one week. [read post]
19 Mar 2012, 4:18 am by sally
Regina v Feeley [2012] WLR (D) 83 “Where a defendant was being retried, following a successful appeal against conviction, there was no reason in principle why additional counts should not be added to the indictment.” WLR Daily, 15th March 2012 Source: www.iclr.co.uk [read post]
7 Mar 2012, 1:59 am by sally
WLR Daily, 29th February 2012 Source: www.iclr.co.uk [read post]
22 Jul 2011, 1:44 am by sally
” WLR Daily, 20th July 2011 Source: www.iclr.co.uk [read post]
6 Jun 2012, 2:54 am by sally
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170 “Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.” WLR Daily,… [read post]
30 Nov 2012, 4:06 am by tracey
” WLR Daily, 16th November 2012 Source: www.iclr.co.uk [read post]