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22 May 2012, 3:10 am
Humphreys v Revenue and Customs Commissioners [2012 UKSC 18; [2012] WLR (D) 154 “The indirect sex discrimination against fathers arising from the refusal to split child tax credit between separated parents who shared care of a child was objectively justified.” WLR Daily, 16th May 2012 Source: www.iclr.co.uk [read post]
13 Feb 2009, 1:42 am
Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50 “Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. [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]
13 Mar 2008, 2:06 am
Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81 “During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003. [read post]
8 May 2008, 1:24 am
Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139 “A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary. [read post]
14 Dec 2010, 2:30 am
Paponette and others v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2010] WLR (D) 323 “A court could not infer from the bare fact that a public body had acted in breach of a legitimate expectation that it must have done so to further some overriding public interest. [read post]
5 Apr 2012, 2:52 am
Secretary of State for the Home Department v CB and another [2012] EWCA Civ 418; [2012] WLR (D) 112 “Where a court made a non-derogating control order in proceedings against a person under the Prevention of Terrorism Act 2005, it had no jurisdiction to order a permanent stay of such proceedings under the Act nor under its case management powers in the Civil Procedure Rules, unless the controlled person requested such a course of action.” WLR Daily, 3rd April 2012… [read post]
1 Jul 2009, 3:02 am
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214 “The sale of a company's assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the [...] [read post]
3 Aug 2009, 2:29 am
Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270 “A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone. [read post]
4 Dec 2009, 2:52 am
Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352 ”The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period. [read post]
7 Aug 2009, 2:01 am
Rubin and another v Eurofinance SAand others [2009] WLR (D) 282 “The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate. [read post]
9 May 2012, 1:51 am
Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137 “The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.” WLR Daily, 3rd May 2012 Source: www.iclr.co.uk [read post]
18 Feb 2008, 2:06 am
Halabi (A Bankrupt) v Camden London Borough Council and another; [2008] WLR (D) 46 “The court had no jurisdiction to annul a bankruptcy order on the basis of an undertaking from the bankrupt's solicitor to pay the debts, costs and expenses of the bankruptcy. [read post]
13 May 2008, 1:42 am
Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch); [2008] WLR (D) 146 “The duty in s 4(2) of the Trustee Act 2000 (‘the Act') was a separate and independent duty, which was not restricted to exercises of the power of investment. [read post]
22 Jun 2009, 1:42 am
Owens v City of Westminster Magistrates' Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20 “When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within [...] [read post]
