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26 May 2009, 3:03 am
Rank Nemo (DMS) Ltd and others v Coutinho [2009] EWCA Civ 454; [2009] WLR (D) 163 “The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his employment, [...] [read post]
7 Feb 2011, 3:03 am by sally
Glaves v Crown Prosecution Service [2011] EWCA Civ 69; [2011] WLR (D) 37 “On an application by a defendant for a certificate of inadequacy in relation to a confiscation order under section 83 of the Criminal Justice Act 1988 an investigation of the facts was required so that it was not appropriate to determine as a preliminary issue whether the application was bound to fail. [read post]
3 Feb 2011, 3:46 am by traceydennis
Orr v Milton Keynes Council [2011] EWCA Civ 62; [2011] WLR (D) 30 “The employer’s knowledge for the purposes of section 98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions. [read post]
30 Mar 2012, 3:32 am by tracey
A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101 “The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. [read post]
12 Feb 2009, 2:24 am
Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48 “An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal. [read post]
23 Jun 2009, 2:04 am
Regina (Miller and another) v Independent Assessor [2009] EWCA Civ 609; [2009] WLR (D) 206 “In assessing the compensation payable to a victim of miscarriage of justice who in consequence had served a term of imprisonment, the independent assessor should apply principles of other civil awards in respect of similar wrongs in order to achieve legal [...] [read post]
5 Mar 2009, 2:15 am
R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78 “A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was [...] [read post]
20 Jul 2009, 1:45 am
Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246 WLR Daily, 17th July 2009 “An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the [...] [read post]
2 Aug 2012, 3:00 am by sally
Hughes and others v Bourne and others [2012] EWHC 2232 (Ch); [2012] WLR (D) 242 “The personal representatives’ power of appropriation under section 41(1) of the Administration of Estates Act 1925 was not confined to transactions of a contractual or quasi-contractual nature. [read post]
20 Mar 2009, 3:34 am
King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100 “The Crown Court's jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales. [read post]
13 Apr 2010, 1:55 am by sally
Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94 “Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings. [read post]
7 Aug 2012, 2:37 am by sally
MA v JA (Attorney General intervening) [2012] EWHC 2219 (Fam); [2012] WLR (D) 246 “A ceremony of marriage conducted in England which did not comply with the requirements of the Marriage Act 1949 because the parties had failed to give notice to the registrar with the result that the marriage was solemnised without any certificate being issued, created a marriage which was entitled to be recognised as valid under English law.” WLR Daily, 27th July 2012 Source:… [read post]
21 Mar 2012, 9:24 am by sally
Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88 “Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.” WLR Daily, 16th March 2012 Source: www.iclr.co.uk [read post]
25 Mar 2009, 2:49 am
Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107 “The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. [read post]
6 Nov 2009, 2:08 am
EBR Attridge Law LLP and another v Coleman UKEAT/71/09; [2009] WLR (D) 314 “The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harrassed on the ground of their association with a person who was disabled. [read post]
14 May 2012, 2:22 am by sally
Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143 “The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.” WLR Daily, 10th May 2012 Source: www.iclr.co.uk [read post]
10 May 2012, 2:24 am by sally
Harrow Borough Council v Ayiku [2012] EWHC 1200 (Admin); [2012] WLR (D) 140 “The non-British spouse of a student (residing in a relevant dwelling) who was prevented by the terms of her leave to enter from claiming benefits, but was not prevented by those terms from taking paid employment, was exempt from having to pay council tax by virtue of the operation of class N in article 3 of the Council Tax (Exempt Dwellings) Order 1992, as substituted.” WLR Daily, 9th May 2012… [read post]