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18 Feb 2008, 2:05 am
Allison v London Underground Ltd [2008] EWCA Civ 71; [2008] WLR (D) 45 “The test to determine whether the training an employer was required to provide for his employees was adequate for the purposes of reg 9 of the Provision and Use of Work Equipment Regulations 1998 was what training was needed in the light of what the employer ought to have known about the risks from the activities of his business. [read post]
1 Jul 2009, 3:14 am
Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217 “The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ’service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish [...] [read post]
12 Jun 2009, 2:12 am
Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2009] WLR (D) 179 “A local authority had no power, by virtue of s 2 of the Local Government Act 2000 or s 111 of the Local Government Act 1972, to enter into an arrangement with a company to carry on a mutual [...] [read post]
3 Aug 2009, 2:55 am
Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) [2009] UKHL 39; [2009] WLR (D) 277 “A company, which was in the exclusive control of its sole director and shareholder so as to be primarily liable for frauds committed against third parties, could not bring an action for damages against its auditors on the [...] [read post]
12 Feb 2009, 2:13 am
R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45 “The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself [...] [read post]
14 Mar 2011, 3:44 am by traceydennis
Casteels v British Airways plc (Case C-379/09); [2011] WLR (D) 85 “Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. [read post]
30 Apr 2014, 6:19 am by Ryan Scoville
Recently the Supreme Court granted certiorari in Zivotofsky v. [read post]
25 Feb 2010, 2:58 am by sally
Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50 “Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. [read post]
19 Mar 2010, 3:10 am by sally
Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77 “Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. [read post]
22 Jan 2010, 2:32 am by sally
British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5 “In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. [read post]
9 Aug 2010, 2:16 am by sally
BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2010] EWHC 2005 (Ch); [2010] WLR (D) 223 “The requirement in s 123(2) of the Insolvency Act 1986 to ‘[take] into account [the company’s] contingent and prospective liabilities’ when determining whether the value of the company’s assets was less than the amount of its liabilities could not require such liabilities to be aggregated at their face value with debts presently due, nor… [read post]
27 Oct 2010, 2:43 am by sally
Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268 “An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. [read post]
13 Jan 2011, 1:41 am by sally
Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2010] EWHC 3376 (Admin); [2011] WLR (D) 349 “Art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not alter the settled law that the principle of open justice in criminal proceedings did not extend to a right for the press or the public to inspect documents or other exhibits placed before a court during such proceedings, or require the Criminal Procedure… [read post]
3 Dec 2010, 1:55 am by sally
Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312 “The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter… [read post]