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9 Jun 2009, 1:49 am
AB and others v Ministry of Defence [2009] EWHC 1225 (QB); [2009] WLR (D) 174 “In relation to a group action the issue as to when a claimant had "knowledge" for the purposes of ss 12 and 14 of the Limitation Act 1980 was primarily one of fact The state of the claimant's belief was to [...] [read post]
21 Sep 2022, 10:27 am by Kaufman Dolowich Voluck
Supreme Court last year in a landmark constitutional law case upholding the First Amendment in Thomas More Center v. [read post]
15 Jun 2009, 2:13 am
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180 “Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision [...] [read post]
28 May 2009, 2:00 am
R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173 “There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to [...] [read post]
28 Jun 2022, 3:03 am by Daily Record Staff
MISHRA first appeared on Maryland Daily Record. [read post]
11 Mar 2009, 3:06 am
R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86 “Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a [...] [read post]
19 Jun 2009, 1:34 am
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195 “A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of [...] [read post]
6 Jan 2009, 1:38 am
Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412 “Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was [...] [read post]
15 Sep 2009, 2:16 am
Swindon Borough Council v Redpath [2009] EWCA Civ 943; [2009] WLR (D) 290 “For the purposes of an application for an anti-social behaviour injunction by a local authority under s 153A of the Housing Act 1996, the term "housing-related" in that section was to be given a broad rather than a narrow interpretation, so that the [...] [read post]
26 Mar 2009, 3:31 am
Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111 “Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer [...] [read post]
21 May 2009, 2:07 am
Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160 “The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General's reference, but his right of appeal still remained extant [...] [read post]
19 Dec 2008, 10:21 am
Moriarty and another v Atkinson and others; [2008] WLR (D) 395 “Although a company had been in breach of trust in paying clients' money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund [...] [read post]
9 Apr 2009, 2:39 am
Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133 “Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee's salary. [read post]
9 Dec 2008, 11:04 am
Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377 “Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought [...] [read post]
26 May 2009, 3:08 am
Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165 “A care worker who was injured when using a defective wheelchair ramp at a client's home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not [...] [read post]
1 Jul 2009, 3:09 am
Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216 “Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. [read post]
18 Jun 2009, 2:35 am
Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191 “Where the only proven debt against a bankrupt's estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer [...] [read post]
28 Oct 2009, 3:35 am
Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306 “Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or [...] [read post]