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22 May 2008, 4:16 am
Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158 “Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant's failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003. [read post]
31 Jul 2008, 9:24 am
Cantrell v Wycombe District Council [2008] EWCA Civ 866; [2008] WLR (D) 269 “A positive convenant could not be enforced against the successor in title of the covenantor in common law even though the agreement had been made with express reference to s 609 of the Housing Act 1985 to disapply the common law prohibition. [read post]
12 Aug 2008, 8:36 am
Joyce v Secretary of State for Health [2008] EWHC 1891(Admin); [2008] WLR (D) 290 “Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled on appeal to consider allegations of misconduct not entertained by the Secretary of State at the initial decision-making stage, provided it acted fairly. [read post]
22 May 2008, 4:35 am
SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160 “A judge considering dispensing with parental consent to adoption had to focus on the child's welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications. [read post]
31 Jul 2008, 9:11 am
Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265 “The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. [read post]
4 Oct 2007, 2:54 am
Divorce pending appeal valid Leman-Klammers v Klammers “It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d'Appel de Paris had been correct in holding that the English court had been seised first. [read post]
24 Feb 2011, 2:43 am
Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54 “Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor. [read post]
11 Feb 2010, 2:58 am
R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30 “The interference that the imposition of a serious crime prevention order would make to a defendant’s freedom of action had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit. [read post]
19 May 2016, 8:47 am
Urban Outfitters, 12-cv-00195 (D. [read post]
21 Feb 2008, 2:29 am
Breakspear and others v Ackland and another [2008] EWHC 220 (Ch); [2008] WLR (D) 52 “Generally the confidence which ordinarily attached to a wish letter was such that, for the better discharge of their confidential functions, the trustees need not disclose it to beneficiaries merely because they requested it unless, in their view, disclosure was in the interests of the sound administration of the trust, and the discharge of their powers and discretions. [read post]
19 May 2008, 2:29 am
Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153 “Orders for the confiscation criminal assets, or orders restraining the disposal of property pending the hearing of a confiscation order, were to be made in respect of property which the person had actually obtained, not property he had merely helped others to obtain. [read post]
3 Oct 2008, 8:40 am
Stephen Cooper v Attorney General [2008] EWHC 2285 (QB); [2008] WLR (D) 303 “A judicial error in the application of European Community law must be a manifest infringement of the applicable law in order to create liability for damages. [read post]
7 Mar 2008, 2:41 am
Legal Services Commission v Rasool [2008] EWCA Civ 154; WLR (D) 75 “For the purposes of limitation and ascertaining the date of accrual of a cause of action permitting the Legal Services Commission to recover costs following revocation of a legal aid certificate, it was not a condition precedent that the quantum of any such costs should first be established before time started to run. [read post]
2 Jun 2010, 2:10 am
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13 “Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. [read post]
15 Jun 2010, 2:09 am
Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147 “Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest. [read post]
4 Aug 2008, 9:35 am
Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278 “It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children's party did not have a duty of care to keep the children playing on it under uninterrupted supervision. [read post]
2 Sep 2008, 8:24 am
R v B and others: [2008] WLR (D) 296 “Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence. [read post]
25 Apr 2008, 8:36 am
R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127 “Evidence obtained during ’safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984. [read post]
13 May 2008, 1:38 am
King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147 “Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. [read post]
11 Mar 2008, 2:22 am
Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78 “A person who intends to exercise his entitlement to apply for a grant of letters of administration of an estate does not have an enforceable right to immediate possession of property formerly owned by the deceased unless it is necessary that he takes possession to safeguard the estate. [read post]
