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4 Nov 2011, 4:39 am
Smith and another v Jafton Properties Ltd; [2011] EWCA Civ 1251; [2011] WLR (D) 314 “At common law an assignment of part of a leased property by which the leased property was physically severed had the effect that the holder of each severed part had privity of estate with the landlord only in respect of that severed part. [read post]
3 May 2012, 2:14 am
Philippe and others v Cameron and others [2012] EWHC 1040 (Ch); [2012] WLR (D) 130 “The purpose of section 2(2) of the Charitable Trusts (Validation) Act 1954 was to prevent the Act being applied where an imperfect trust provision had already been recognised to be invalid and the invalidity acted upon. [read post]
18 Jul 2011, 2:26 am
Tariq v Home Office (JUSTICE and another intervening) [2011] UKSC 35; [2011] WLR (D) 229 “The closed material procedure provided in the statutory scheme established for employment tribunals was in principle compatible with European Union law and article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.” WLR Daily, 13th July 2011 Source: www.iclr.co.uk [read post]
8 Dec 2011, 8:07 am
Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403; [2011] WLR (D) 353 “A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.” WLR Daily, 18th October 2011 Source: www.iclr.co.uk [read post]
12 Jun 2012, 1:58 am
Patel and others v Secretary of State for the Home Department [2012] EWCA Civ 741; [2012] WLR (D) 174 “The decision of the Secretary of State for the Home Department to refuse an extension of leave to remain in the United Kingdom was not invalidated by the fact that she had made no removal direction in respect of the applicant at the same time as or shortly after the refusal of the extension application.” WLR Daily, 1st June 2012 Source: www.iclr.co.uk [read post]
25 Aug 2010, 2:23 am
Regina (B) v Islington London Borough Council [2010] WLR (D) 236 “The Education Act 1996 placed no obligation on a local authority to maintain a statement of special educational needs for a young person over the age of 19 or to fund him or her to continue in secondary education. [read post]
10 Mar 2011, 3:43 am
Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76 “The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands. [read post]
19 Jan 2009, 3:20 am
Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6 “Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art [...] [read post]
13 Nov 2009, 2:04 am
Choudhary and others v Bhatter and others [2009] EWCA Civ 510; [2009] WLR (D) 326 "The opening words of art 22 of the Judgments Regulation, as to the courts which were to have 'exclusive jurisdiction', constituted a direction intended to apply as between the courts of those member states which were bound by the Regulation; and [...] [read post]
3 Dec 2010, 3:00 am
Tunheim (D. [read post]
14 Apr 2009, 2:48 am
Smallwood and others v Revenue and Customs Comrs [2009] EWHC 777 (Ch); [2009] WLR(D) 137 “Art 13(4) of the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 (SI 1981/1121) gave the right to tax capital gains to the state in which there was residence at the time of the disposition. [read post]
18 Nov 2011, 1:56 am
Zarb and another v Parry and another: [2011] EWCA Civ 1306; [2011] WLR (D) 331 “To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.” WLR Daily, 15th November 2011 Source: www.iclr.co.uk [read post]
26 May 2009, 3:35 am
Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168 “The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of [...] [read post]
19 Jul 2012, 5:02 am
Shergill and others v Khaira and others: [2012] EWCA Civ 983; [2012] WLR (D) 214 “The courts will abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition. [read post]
3 Jul 2009, 1:50 am
Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225 “There was no conflict between paras 7A.4 and 7B.1 of Practice Direction-Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery [...] [read post]
27 Jan 2009, 2:13 am
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19 “S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not [...] [read post]
31 Jul 2012, 1:33 am
Standard Chartered Bank v Ceylon Petroleum Corporation [2012] WLR (D) 232 “In the absence of any indication to the contrary, a commercial entity set up by statute to engage in international and domestic trade had the capacity to enter into the whole range of transactions which a commercial organisation acting in that field of business would ordinarily undertake, including hedging or speculative transactions.” WLR Daily, 27th July 2012 Source: www.iclr.co.uk [read post]
14 Mar 2008, 2:50 am
Casewell v Secretary of State for Work and Pensions; [2008] WLR (D) 86 “A direct payment of carer's allowance made to a disabled person for securing the provision of care by her husband formed part of the husband's earnings for the purposes of assessing his entitlement to income support. [read post]
3 Nov 2011, 3:32 am
Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311 “When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.” WLR Daily, 2nd November 2011 Source: www.iclr.co.uk [read post]
27 Jul 2012, 1:50 am
Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222 “A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996. [read post]
