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26 Apr 2011, 3:09 am
British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144 “The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. [read post]
9 Mar 2011, 1:11 am
BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73 “A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other… [read post]
8 Feb 2010, 4:01 am
R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26 “A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’ in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly,… [read post]
13 Aug 2008, 8:35 am
Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291 “The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier's right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. [read post]
28 Jan 2011, 3:17 am
Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21 “A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. [read post]
20 Feb 2008, 2:40 am
Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50 “The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary… [read post]
10 Dec 2010, 2:20 am
R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322 ”The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. [read post]
21 Mar 2011, 6:09 am
Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92 “The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to… [read post]
14 Oct 2010, 1:58 am
Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246 “A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted… [read post]
22 Mar 2010, 3:41 am
Bloomsbury International Ltd and others v Sea Fish Industry Authority and another [2010] EWCA Civ 263; [2010] WLR (D) “The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28… [read post]
21 Apr 2011, 2:24 am
Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142 “The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the… [read post]
5 Mar 2010, 2:19 am
Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64 “The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual… [read post]
12 Aug 2008, 8:34 am
R (St Helens Borough Council) v Manchester Primary Care Trust and another [2008] EWCA Civ 931; [2008] WLR (D) 288 “It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. [read post]
4 Sep 2008, 8:29 am
R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300 “In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court's discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the… [read post]
1 May 2008, 2:25 am
R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132 “The formal requirements governing the making of an application to modify a definitive map and statement under s 53(5) of, and para 3 of Sch 14 to, the Wildlife and Countryside Act 1981, which were contained in para 1 of Sch 14, had to be adhered to strictly. [read post]
2 Jul 2010, 2:23 am
R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165 “British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. [read post]
24 Mar 2010, 4:03 am
Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86 “A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of… [read post]
1 Aug 2008, 9:38 am
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another [2008] EWCA Civ 870; [2008] WLR (D) 273 “Information supplied by applicants for animal experimentation licences was exempt from disclosure under the Freedom of Information Act 2000 if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence, which was a subjective test requiring consideration of the… [read post]
14 Nov 2011, 3:12 am
Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257; [2011] WLR (D) 325 “In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both the objective ‘reason’ why someone was placed and treated as they were and also the objective ‘purpose’ or ‘aim’ of the placement. [read post]
24 Jun 2011, 1:53 am
IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206 “In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less. [read post]
