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7 Apr 2009, 1:35 am
British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126 “An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of [...] [read post]
4 Apr 2011, 2:29 am
European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118 “Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty. [read post]
13 Feb 2009, 1:39 am
In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49 “The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed. [read post]
17 Jul 2009, 3:22 am
AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243 “The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 [...] [read post]
3 Aug 2010, 4:32 am
Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221 “The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985. [read post]
26 Mar 2009, 3:23 am
R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108 “A judge needed to give reasons for preferring one side's arguments over the other on an application for costs made by written submissions following the case being settled. [read post]
4 Feb 2011, 1:46 am
HSBC Bank Plc v Brophy [2011] EWCA Civ 67; [2011] WLR (D) 33 “A clause in a credit card agreement which provided for the bank to determine the credit limit from time to time at its discretion by notifying the debtor of its amount was valid. [read post]
15 Jul 2024, 8:10 am
Read the […] The post MICHELLE QUARLES v. [read post]
6 Jan 2009, 1:40 am
Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413 “Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would [...] [read post]
6 Feb 2009, 2:17 am
ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32 “When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those [...] [read post]
17 Jun 2010, 2:09 am
Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149 “Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty. [read post]
31 May 2012, 2:40 am
Revenue and Customs Commissioners v Charman: [2012] EWHC 1448 (Fam); [2012] WLR (D) 165 “As a general rule documents and other evidence produced in ancillary relief proceedings were not disclosable to third parties outside the proceedings save in an exceptional case and for very good reason, unless the court gave leave. [read post]
24 Aug 2012, 2:24 am
Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251 “A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.” WLR Daily, 22nd August 2012 Source: www.iclr.co.uk [read post]
26 Oct 2009, 2:52 am
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304 “A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC [...] [read post]
18 Dec 2009, 2:05 am
Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370 “It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew. [read post]
5 Jul 2012, 3:09 am
Phillips v News Group Newspapers Ltd and another [2012] UKSC 28 ; [2012] WLR (D) 193 “The privilege against self-incrimination did not entitle a private investigator to refuse to comply with an order in civil proceedings requiring him to disclose the identity of those who had instructed him to intercept mobile phone voicemail messages containing confidential information of a commercial nature. [read post]
13 Jul 2009, 2:41 am
Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236 “Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration [...] [read post]
9 Mar 2009, 3:21 am
JD Wetherspoon plc v Revenue and Customs Commissioners (Case C-302/07); [2009] WLR(D) 84 “Traders who priced individual goods on a VAT-inclusive basis were not entitled to claim the same right to round down VAT for each transaction that was granted to traders who priced goods exclusive of VAT and added VAT at the moment of invoicing. [read post]
3 Jul 2009, 1:52 am
AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22 “The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without [...] [read post]
14 Apr 2011, 2:19 am
Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131 “An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001. [read post]
