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22 May 2012, 3:12 am
El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155 “Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as… [read post]
30 Jan 2012, 2:34 am
Kücük v Land Nordrhein-Westfalen Case C-586/10; [2012] WLR (D) 11 “Clause 5(1)(a) of the framework agreement on fixed-term work, in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, meant that a temporary need for replacement staff, provided for by national legislation could, in principle, constitute an objective reason under that clause for the renewal of successive… [read post]
8 Apr 2008, 1:53 am
Masri v Consolidated Contractors International UK Ltd and others (No 2) [2008] EWCA Civ 303; [2008] WLR (D) 97 “There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. [read post]
28 Feb 2011, 1:48 am
Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60 “Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a… [read post]
25 Nov 2008, 9:58 am
R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362 “A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could… [read post]
30 Jul 2008, 9:07 am
ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263 “International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. [read post]
29 Oct 2008, 10:32 am
Friends of the Earth v Secretary of State for Business Enterprise and Regulatory Reform [2008] EWHC 2518 (Admin); [2008] WLR (D) 333 “In the absence of a rationality challenge or a demonstrated failure to implement identifiable provisions of the strategy for the reduction of fuel poverty published by the defendant Secretaries of State in accordance with the duty imposed by s 2(1) of the Warm Homes and Energy Conservation Act 2000, it was not open to the court to review… [read post]
24 Jan 2011, 2:40 am
Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11 “Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. [read post]
22 Mar 2011, 3:22 am
Strong Segurança SA v Município de Sintra and another (Case C-95/10); [2011] WLR (D) 99 “Article 47(2) of Parliament and Council Directive 2004/18/EC (permitting an economic operator participating in a public tendering process for the provision of services to rely on the capacities of other entities, provided that it could prove that it would have at its disposal the resources necessary) did not apply to contracts which had as their object services referred to… [read post]
13 Feb 2012, 2:47 am
Lloyds TSB Bank plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65a; [2012] WLR (D) 29 “The completion of sale of land and mortgage did not become effective until all executed title documents including mortgage loan agreement and deed in the name of the purchasers or an effective undertaking from the purchaser’s real solicitor or agent to exchange the documents were received by the vendor or his agent. [read post]
11 May 2010, 2:38 am
Regina (Public and Commercial Services Union) v Minister for the Civil Service [2010] EWHC 1027 (Admin); [2010] WLR (D) 117 “S 2(3) of the Superannuation Act 1972 as amended conferred protection in relation to all entitlements in the principal civil service pension scheme (‘PCSPS’) and the civil service compensation scheme (‘CSCS’) referable to length of service and contributions paid, whether they constituted legal entitlements in the full sense or… [read post]
25 Oct 2010, 2:32 am
Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129; [2010] WLR (D) 263 “A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of… [read post]
8 Apr 2010, 2:57 am
Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90 “Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a… [read post]
12 Jul 2012, 2:29 am
In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry [2012] EWHC 1899 (Ch); [2012] WLR (D) 198 “The court would not exercise its discretion under section 4(1)(b) of the Company Directors Disqualification Act 1986 to make a disqualification order against a liquidator who had been guilty of any fraud in relation to the company or of any breach of his duty as such liquidator unless serious misconduct had been established. [read post]
23 Jul 2010, 3:42 am
Mayor of London (on behalf of the Greater London Authority) v Hall and others [2010] EWCA Civ 817; [2010] WLR (D) 195 “The Mayor of London was entitled to an order for possession and an injunction against a number of defendants requiring them to leave a square opposite Parliament, even though title to the land was vested in the Crown, since it was implicit in ss 384 and 385 of the Greater London Authority Act 1999, which gave the Mayor complete control and regulation of the… [read post]
20 May 2008, 1:47 am
Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534; [2008] WLR (D) 156 “A Community authorisation granted by a member state within Council Regulation (EEC) No 3118/93, which entitled a road haulage carrier to operate on a temporary basis national road haulage services in another member state (’cabotage’), did not have the effect of enabling such a carrier to operate permanently in the UK without a… [read post]
Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others – WLR Daily
28 Jun 2011, 2:34 am
Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209 “The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified benefits, was… [read post]
21 Oct 2011, 1:48 am
Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another [2011] EWCA Civ 1168; [2011] WLR (D) 298 “Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. [read post]
4 Jan 2011, 2:15 am
Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346 “The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive… [read post]
6 Mar 2012, 3:11 am
Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59 “The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to… [read post]
