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3 Aug 2010, 3:49 am
Hoist UK Ltd v Reid Lifting Ltd; [2010] EWHC 1922 (Ch); [2010] WLR (D) 215 “CPR r 38.5(3) should be construed as meaning that discontinuance did not affect any proceedings to deal with any question of costs, whether or not such proceedings had already been commenced at the date of discontinuance. [read post]
20 Jan 2011, 1:17 am
Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4 “The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss. [read post]
28 May 2012, 2:20 am
Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162 “Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.” WLR Daily, 21st May 2012 Source: www.iclr.co.uk [read post]
19 Jul 2012, 4:54 am
Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957; [2012] WLR (D) 210 “Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed matters… [read post]
3 Feb 2010, 2:09 am
Byers and others v Yacht Bull Corpn and another [2010] EWHC 133 (Ch); [2010] WLR (D) 18 “A claim to beneficial ownership of a yacht did not fall within the exception contained in art 1(2)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters so that the Regulation did not apply to ‘proceedings relating to the winding up of insolvent companies’. [read post]
9 Feb 2011, 1:59 am
Hydropool Hot Tubs Ltd v Roberjot and another [2011] EWHC 121 (Ch); [2011] WLR (D) 38 “CPR r 32.14 had no application to an allegation of contempt by knowingly swearing a false affidavit. [read post]
30 Oct 2012, 4:10 am
Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294 “A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.” WLR Daily, 24th October 2012 Source: www.iclr.co.uk [read post]
17 Dec 2008, 10:48 am
T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391 “A challenge to a the decision of the Office of Communications (’Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (’CAT’). [read post]
25 Oct 2010, 2:25 am
Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260 “A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement. [read post]
21 Nov 2013, 8:19 pm
The recent case of Vitol Bahrain EC v Nasdec General Trading LLC and others [2013] All ER (D) 38 (Nov) provides an interesting insight into how the courts may interpret proportionality under the new test. [read post]
14 Apr 2009, 2:45 am
Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136 “The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself. [read post]
5 Apr 2012, 2:43 am
DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch); [2012] WLR (D) 109 “The current practice, in which applications to transfer cases to and from the Patents County Court were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the Civil Procedure Rules.” WLR Daily, 3rd April 2012 Soure: www.iclr.co.uk [read post]
23 Jul 2009, 2:15 am
Her Majesty's Treasury v Information Commissioner [2009] EWHC 1811 (Admin); [2009] WLR (D) 251 “The convention that law officers' advice to ministerial departments should not be disclosed without their consent continued to operate after the enactment of the Freedom of Information Act 2000, but was subject to the principles of that Act. [read post]
1 Aug 2012, 3:38 am
Hewage v Grampian Health Board [2012] UKSC 37; [2012] WLR (D) 235 “In considering a claim for discrimination in the employment tribunal, the statutory burden of proof provisions only required careful attention where there was room for doubt as to the facts necessary to establish discrimination. [read post]
20 Feb 2009, 2:38 am
R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] WLR (D) 62 “The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide. [read post]
21 Apr 2011, 2:18 am
ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141 “The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children. [read post]
10 May 2012, 2:28 am
Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141 “A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.” WLR Daily, 8th May 2012 Source:… [read post]
26 May 2009, 4:01 am
Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170 “It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company's freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an [...] [read post]
16 Dec 2010, 7:02 am
JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326 “The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party. [read post]
21 May 2009, 2:03 am
Regina (G) v Southwark London Borough Council [2009] UKHL 26; [2009] WLR (D) 159 “When a child aged 16 or 17 who had been excluded from his family home applied to the children's service department of the local authority for accommodation under s 20 of the Children Act 1989, and he satisfied all the requirements of [...] [read post]
