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22 Nov 2011, 2:27 am
Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334 “The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. [read post]
8 Oct 2010, 2:47 am
Regina (TA Gwillim & Sons) v Welsh Ministers 2010] EWCA Civ 1048; [2010] WLR (D) 243 “In calculating financial support for farmers under the single payment scheme in Council Regulation (EC) No 1872/2003, a farmer could qualify as a hardship case within art 40 of that Regulation if his ‘production was adversely affected’ in the reference period 2000–2002. [read post]
9 Dec 2010, 2:21 am
Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218 “The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. [read post]
21 Mar 2011, 3:49 am
Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95 “Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. [read post]
26 Oct 2010, 3:08 am
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267 “The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. [read post]
22 May 2012, 2:49 am
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151 “Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the… [read post]
17 May 2011, 2:07 am
MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159 “The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive… [read post]
28 Jan 2011, 3:09 am
Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19 “In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit… [read post]
23 May 2008, 2:47 am
R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165 “A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false… [read post]
24 Mar 2010, 4:00 am
The Bridgewater Canal Company Ltd v GEO Networks Ltd [2010] EWHC 548 (Ch); [2010] WLR (D) 85 “The consideration payable, pursuant to para 13(2)(e)(ii) of Sch 2 to the Telecommunications Act 1984, as amended by the Communications Act 2003, by an operator of a communications network to a person with control of land for the right to carry out work undertaken pursuant to the provisions of the Electronic Communications Code, as contained in Sch 2 to the 1984, as amended, included… [read post]
16 Feb 2010, 3:33 am
Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38 “Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building… [read post]
21 Mar 2011, 6:11 am
Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91 “The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United… [read post]
22 Mar 2010, 3:37 am
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79 “An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst… [read post]
9 Jul 2010, 2:28 am
ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173 “A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. [read post]
7 Dec 2011, 2:23 am
Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350 “Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. [read post]
18 Nov 2010, 11:19 am
Tankson argues that the State violated Brady v. [...] [read post]
18 Jun 2019, 7:52 am
District court materials (prior post here): 28 Doucette v. [read post]
17 Mar 2017, 3:21 pm
(Tabor v. [read post]
11 Apr 2008, 1:51 am
AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104 “In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. [read post]
8 Jan 2017, 1:26 pm
Macabeo, S221852).Dans sa décision P. v. [read post]
