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18 May 2009, 3:12 am
Francois v Hutchinson 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154 “On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant's grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in [...] [read post]
2 Apr 2009, 2:23 am
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114 “The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be [...] [read post]
26 May 2009, 2:56 am
McConkey v Simon Community Northern Ireland [2009] UKHL 24; [2009] WLR (D) 161 “An employer in Northern Ireland could refuse to employ a person on the ground of that person having supported the use of violence for political ends connected with the affairs of Northern Ireland, even if the person had since repudiated such views. [read post]
14 Apr 2016, 6:54 am
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7 Dec 2011, 2:25 am
Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351 “In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.” WLR Daily, 5th December 2011 Source: www.iclr.co.uk [read post]
21 Apr 2011, 2:14 am
Djanogly v Westminster City Council [2011] EWCA Civ 432; [2011] WLR (D) 140 “When making a traffic management order a local authority was entitled to see the fair spreading of costs for suitable and adequate parking facilities between motorcyclists and car drivers as a legitimate consideration. [read post]
2 Nov 2009, 4:27 am
BTA Bank JSC v Ablyazov and others [2009] EWCA Civ 1958; [2009] WLR (D) 311 “The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf [...] [read post]
25 Feb 2010, 3:01 am
Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51 “A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker. [read post]
9 Apr 2009, 2:41 am
R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134 “The Pensions Appeal Tribunal did not, on an appeal against the defence secretary's interim assessment of the degree of a person's disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence [...] [read post]
7 Dec 2009, 3:17 am
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355 "A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health [...] [read post]
2 Aug 2011, 2:41 am
MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268 “Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.” WLR Daily, 29th July 2011 Source: www.iclr.co.uk [read post]
1 Jul 2009, 3:18 am
SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218 “The word ‘person’ in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its [...] [read post]
5 Nov 2009, 3:30 am
ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313 “The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office. [read post]
23 Nov 2009, 2:20 am
Louca v Public Prosecutor, Bielefeld [2009] UKSC 4; [2009] WLR (D) 337 "To satisfy the requirements of s 2 of the Extradition Act 2003 a European arrest warrant only had to make reference to the requesting state’s domestic arrest warrant on which it was based and not to any previous European arrest warrant, based on the [...] [read post]
12 Jul 2010, 2:46 am
Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177 “In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’. [read post]
21 May 2012, 2:20 am
Barker v Hambleton District Council [2012] EWCA Civ 610; [2012] WLR (D) 149 “The time limit for making an application to the High Court in relation to a local development plan under section 113(4) of the Planning and Compulsory Purchase Act 2004 ran from the date on which the plan was adopted by the local authority.” WLR Daily, 9th May 2012 Source: www.iclr.co.uk [read post]
13 May 2008, 1:37 am
Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin); [2008] WLR (D) 148 “Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an order extraditing (or not extraditing) a person. [read post]
19 Dec 2008, 10:28 am
Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397 “A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be [...] [read post]
18 Dec 2008, 10:37 am
Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393 “A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. [read post]
23 Jan 2009, 3:09 am
R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15 “A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident [...] [read post]
