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5 May 2009, 2:30 am
R v Briggs-Price [2009] UKHL 19; [2009] WLR (D) 142 “A confiscation order could be made under the Drug Trafficking Act 1994 in respect of benefit derived from drug trafficking other than that of which the defendant had been convicted which had been established by evidence during the trial. [read post]
26 May 2009, 3:08 am
Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165 “A care worker who was injured when using a defective wheelchair ramp at a client's home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not [...] [read post]
10 May 2010, 2:49 am
Regina v Cooper (John) [2010] EWCA Crim 979; [2010] WLR (D) 115 “Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence. [read post]
4 Sep 2008, 8:28 am
R v RL and JF [2008] EWCA Crim 1970; [2008] WLR (D) 299 “A prosecution for the strict liability offence of causing polluting matter to enter controlled waters could be brought against either a club, as an unincorporated association, in its own name or against individual members. [read post]
5 Aug 2009, 2:20 am
Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279 “Where an employer sought an injunction to restrain a strike, a union's failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the [...] [read post]
28 Jan 2009, 2:49 am
Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23 “The requirement of s 329(2) of the Criminal Justice Act 2003, that the court's permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion [...] [read post]
11 Jun 2009, 1:33 am
Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176 “The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made. [read post]
13 Mar 2008, 2:08 am
Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83 “An employer had no responsibility to maintain a ramp on which its employee was injured which was installed by a third party on premises of a third party and over which it had no control. [read post]
6 Dec 2010, 2:43 am
Regina v Buxton and others [2010] WLR (D) 214 “There was no reason in principle why a restraining order should not be made to protect a company or a group of persons from harassment. [read post]
19 Jul 2010, 2:04 am
Regina v Ward (Barry) [2010] WLR (D) 191 “The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order. [read post]
15 Sep 2009, 2:16 am
Swindon Borough Council v Redpath [2009] EWCA Civ 943; [2009] WLR (D) 290 “For the purposes of an application for an anti-social behaviour injunction by a local authority under s 153A of the Housing Act 1996, the term "housing-related" in that section was to be given a broad rather than a narrow interpretation, so that the [...] [read post]
17 Feb 2009, 1:58 am
Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56 “An agent when negotiating with another person on behalf of his principal breached the fiduciary duty which he owed to his principal if at the same time he made with the other person an undisclosed side deal for his own benefit and there [...] [read post]
19 Dec 2008, 10:21 am
Moriarty and another v Atkinson and others; [2008] WLR (D) 395 “Although a company had been in breach of trust in paying clients' money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund [...] [read post]
3 Aug 2010, 3:54 am
Regina v Chaytor and others; 2010] EWCA Crim 1910; [2010] WLR (D) 218 “Parliamentary privilege or immunity from criminal prosecution did not attach, and never had attached, to ordinary criminal activities by members of Parliament. [read post]
9 Apr 2009, 2:39 am
Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133 “Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee's salary. [read post]
9 Dec 2008, 11:04 am
Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377 “Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought [...] [read post]
19 Jun 2009, 1:40 am
Ul-Haq and others v Shah [2009] EWCA Civ 542; [2009] WLR (D) 197 “There was no general rule of law which permitted a court to strike out a genuine claim on the grounds that the claimant had been involved in a fraud upon the court in respect of an associated claim. [read post]
22 Jan 2009, 2:23 am
Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11 “A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in [...] [read post]
19 Jun 2009, 1:34 am
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195 “A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of [...] [read post]
6 Jan 2009, 1:38 am
Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412 “Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was [...] [read post]
