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6 Jun 2012, 2:54 am
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170 “Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.” WLR Daily,… [read post]
22 Apr 2008, 1:39 am
JHP Ltd v BBC Worldwide Ltd and another [2008] EWHC 757 (Ch); [2008] WLR (D) 120 “In order to succeed in a claim for copying an original work, the claimant had to establish on the balance of probabilities that the defendant had copied a substantial part of that work. [read post]
4 Jun 2010, 1:56 am
Regina (Boahen) v Secretary of State for the Home Office [2010] EWCA Civ 585; [2010] WLR (D) 143 “An immigration officer at the port of entry had discretionary power to cancel a visa granted overseas on the ground that the purpose of the visit was not same as stated in the visa granted and to refuse leave to enter the UK. [read post]
8 Dec 2011, 8:09 am
Revenue and Customs Comrs v PA Holdings Ltd: [2011] EWCA Civ 1414; [2011] WLR (D) 354 “Once it was established that payments awarded to employees in the form of shares and dividends were income received from employment the payments were liable to be charged under Schedule E and could not be charged under any other Schedule.” WLR Daily, 30th November 2011 Source: www.iclr.co.uk [read post]
5 Apr 2012, 2:54 am
Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113 “An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.” WLR Daily, 3rd April 2012 Source: www.iclr.co.uk [read post]
30 Nov 2012, 4:06 am
Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470; [2012] WLR (D) 353 “The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention. [read post]
12 Mar 2010, 3:15 am
Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72 “Title to land over which a public highway runs could not be acquired by adverse possession. [read post]
18 Jul 2011, 2:28 am
Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230 “While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”… [read post]
22 May 2012, 2:57 am
Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153 “Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.” WLR Daily, 18th May 2012 Source: www.iclr.co.uk [read post]
24 Mar 2009, 5:00 am
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106 “Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make [...] [read post]
2 Dec 2009, 3:44 am
Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348 "The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate [...] [read post]
27 Jan 2009, 2:17 am
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20 “The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them [...] [read post]
31 Aug 2012, 2:21 am
SerVaas Inc v Rafidain Bank: [2012] UKSC 40; [2012] WLR (D) 257 “Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.” WLR Daily, 17th August 2012 Source: www.iclr.co.uk [read post]
2 Mar 2009, 2:49 am
Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69 “Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg [...] [read post]
6 Feb 2009, 2:30 am
Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34 “The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an [...] [read post]
15 Jun 2009, 2:24 am
Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184 “A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband's contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he [...] [read post]
3 Nov 2010, 3:28 am
White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2010] WLR (D) 272 “The mere existence of a secured remedy against another party was not a substantial ground for refusing to allow a creditor to pursue a remedy in bankruptcy against a surety. [read post]
19 Dec 2008, 10:26 am
Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396 WLR Daily, 18th December 2008 Source: www.lawreports.co.uk Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. [read post]
7 Dec 2009, 3:12 am
Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353 "In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment. [read post]
3 May 2012, 2:09 am
Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128 “Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1). [read post]
