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22 May 2012, 2:57 am by sally
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]
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]
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 by tracey
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]
24 Apr 2008, 1:30 am
R (Compton) v Wiltshire Primary Care Trust; [2008] WLR (D) 123 “There was no test of exceptionality to be applied before a protective costs order could be made. [read post]
7 Apr 2009, 1:24 am
R (Coleman) v Governor of Wayland Prison and another; [2009] WLR (D) 132 “While a mobile telephone found in the possession of a prisoner might properly be taken away from him, neither rule 43(5) of the Prison Rules 1999 nor the common law provided a prison governor with power to destroy the mobile telephone. [read post]
30 Nov 2010, 2:42 am by sally
Shanks v Unilever plc and others [2010] EWCA Civ 1283; [2010] WLR (D) 300 “‘That person’ in s 41(2) of the Patents Act 1977 meant the actual assignee with its actual attributes rather than a notional non-connected counterparty operating in the appropriate market at the appropriate time. [read post]
27 Jul 2012, 1:54 am by sally
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224 “Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985. [read post]
26 May 2009, 4:05 am
Aerotel Ltd v Wavecrest Group Enterprises Ltd and others [2009] EWCA Civ 408; [2009] WLR (D) 171 “A patentee seeking to rely on commercial success as an indicator of non-obviousness in order to rebut an allegation of its patent being obvious over prior art had to establish that the commercial success relied on was due to [...] [read post]
1 May 2009, 2:41 am
R (M) v East Sussex County Council; [2009] WLR(D) 141 “The failure by a local education authority to amend a child's statement of special educational needs during the year of the child's transfer between phases of schooling, and to name and specify the type of school, was a breach of its obligations under s 324 of [...] [read post]
4 Apr 2011, 2:39 am by sally
Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120 “Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning. [read post]
6 Mar 2008, 1:23 am
Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch); WLR (D) 74 “Value added tax was not payable by independent schools on charges made to parents for participation in optional fees refund arrangements. [read post]
12 Feb 2009, 2:17 am
Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47 “A person's failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of "good faith" for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless. [read post]
21 Mar 2012, 9:21 am by sally
Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86 “Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. [read post]
1 May 2008, 2:22 am
4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch); [2008] WLR (D) 131 “There was no objection in principle to recovery of damages for loss of a chance in an action for deceit. [read post]
8 May 2009, 3:00 am
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147 “Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company's cross claim was not merely [...] [read post]
17 Dec 2009, 3:05 am
Wallis v Bristol Water Plc [2009] WLR (D) 362 "For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was “likely to cause contamination” of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 [...] [read post]
3 Feb 2012, 2:45 am by sally
Barrett v Bem; In re Lavin, decd [2012] EWCA Civ 52; [2012] WLR (D) 17 “A court should not find that a will had been signed by a third party at the direction of the testator unless there was positive and discernible communication (which might be verbal or non-verbal) by the testator that he wished the will to be signed on his behalf by the third party.” WLR Daily, 31st January 2012 Source: www.iclr.co.uk [read post]