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1 Aug 2011, 3:10 am
K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904; [2011] WLR (D) 265 “Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated… [read post]
23 Jul 2012, 5:15 am
Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11; [2012] WLR (D) 219 “The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior… [read post]
28 Oct 2011, 3:04 am
Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203; [2011] WLR (D) 302 “The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy… [read post]
1 Aug 2011, 7:29 am
Hashwani v Jivraj (London Court of International Arbitration and others intervening) [2011] UKSC 40; [2011] WLR (D) 266 “An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators,… [read post]
20 Jul 2012, 3:24 am
SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978; [2012] WLR (D) 215 “The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. [read post]
25 Jul 2011, 3:34 am
Serious Organised Crime Agency v Szeptiewski and others (No 2) [2011] EWCA Civ 856; [2011] WLR (D) 245 “In the circumstances which arose the Serious Organised Crime Agency (“SOCA”) was entitled to invoke the equitable doctrine of marshalling and in effect to be subrogated to a second charge over a property as security for the shortfall left unsatisfied following the sale of other properties. [read post]
2 Jul 2010, 2:28 am
Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166 “Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their… [read post]
1 Oct 2010, 3:48 pm
Le vol d’identité est une véritable plaie aux Etats-Unis causant d’irrémédiables dommages dans bien des familles victimes de ce vol. [read post]
5 Jan 2012, 1:53 pm
Lacka. 2011 Minora, J. ), Judge Carmen D. [read post]
22 Feb 2010, 6:56 am
., Plaintiff and Appellant, v. [read post]
7 Jun 2022, 3:00 am
Over on The D&O Diary, Kevin LaCroix blogged about a Delaware federal court’s decision in Liberty Insurance Underwriters v. [read post]
22 Jun 2011, 12:00 am
Posted by D. [read post]
9 Nov 2011, 2:11 pm
Posted by D. [read post]
10 May 2022, 2:00 am
Jennifer D. [read post]
9 Mar 2009, 3:17 am
Liverpool City Council v Doran (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 146; [2009] WLR (D) 83 “There was no conflict between the propositions (1) that there was no formula setting out the factors which could be relied upon by a licensee in support of an argument that the decision of [...] [read post]
6 Jan 2017, 8:45 am
Gregory Sidak, Criterion & Robert D. [read post]
11 Mar 2010, 11:24 am
Posted by D. [read post]
20 Jul 2011, 8:45 am
Posted by D. [read post]
6 Feb 2009, 2:33 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36 “A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the [...] [read post]
22 Oct 2009, 2:01 am
Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302 “In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. [read post]
