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15 Apr 2011, 3:35 am
Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134 “Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification… [read post]
21 Apr 2011, 2:30 am
Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143 “Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. [read post]
29 Oct 2010, 3:10 am
Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] UKSC 44; [2010] WLR(D) 270 “Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute… [read post]
3 Feb 2010, 2:11 am
Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19 “Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and… [read post]
9 Mar 2011, 1:07 am
Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72 “Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists… [read post]
11 May 2012, 2:53 am
Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening): [2012] EWCA Civ 569; [2012] WLR (D) 142 “The provision of housing accommodation was, and could only be, a charitable purpose if it was justified as charitable in respect of the direct benefit provided. [read post]
3 Aug 2012, 3:07 am
Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244 “Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other… [read post]
1 Aug 2011, 3:08 am
Brownbill and others v St Helens and Knowsley Teaching Hospitals NHS Trust [2011] EWCA Civ 903; [2011] WLR (D) 264 “Once an employment tribunal had found that there were terms in women’s contracts and terms in men’s contracts that were susceptible to comparison and that each of the terms was a distinct provision with sufficient content to make it possible to compare them so that the benefits conferred by the provision could be… [read post]
16 Dec 2011, 4:18 am
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: [2011] EWCA Civ 1540; [2011] WLR (D) 368 “Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context… [read post]
24 Sep 2019, 12:12 am
The Cour d’Appel de Paris found the defendant liable and awarded relief to the plaintiffs prohibiting the defendants from using the photographs subject to an astreinte (a French injunction tool). [read post]
14 Jun 2021, 10:44 am
The magazine lost an appeal in its "The Park Cities Welfare Queen" case (D Magazine Partners, L.P. v. [read post]
27 May 2018, 2:05 pm
(U.S.S.C., March 20, 2018, Cyan, Inc. v. [read post]
27 Jun 2017, 1:48 pm
Phillips Petroleum Co. v. [read post]
24 Jul 2024, 7:23 am
Timothy D. [read post]
25 Oct 2010, 2:27 am
O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26 “It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed… [read post]
2 Jun 2010, 2:22 am
O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137 “In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a… [read post]
28 May 2010, 2:22 am
O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137 ”In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place… [read post]
11 Apr 2008, 1:47 am
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103 “The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person's right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at… [read post]
3 Oct 2007, 1:43 am
Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another [2007] EWHC 1908 (Ch D) “Routine activities conducted in a public place, such as walking down the street or visiting the shops, did not attract any reasonable expectation or guarantee of privacy so that an individual who had been photographed in a public place could not rely on the right to respect for his private and family life under art 8 of the European Convention for the… [read post]
7 Apr 2009, 1:28 am
Orchard v Lee and another [2009] EWCA Civ 295; [2009] WLR (D) 130 “A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game would not have anticipated that some significant personal injury would result from his actions [...] [read post]
