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3 Jan 2012, 4:26 am by tracey
member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).” WLR Daily, 21st December 2011 Source: www.iclr.co.uk [read post]
10 Dec 2009, 9:32 am
Regina v IB Â [2009] EWCA Crim 2575; [2009] WLR (D) 357 "A 'cartel offence' under s 188 of the Enterprise Act 2002 was not a 'national competition law' within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not [...] [read post]
10 Nov 2011, 2:04 am by sally
Copple and others v Littlewoods plc and others [2011] EWCA Civ 1281; [2011] WLR (D) 319 “Where an employer’s pension scheme indirectly discriminated against part-timers on the ground of sex by denying them access to the scheme, a female part-time worker was not entitled to any remedy arising from her exclusion from the scheme if she would not in fact have chosen to join the scheme even if she had been eligible to do so.” WLR Daily, 8th November 2011 Source:… [read post]
15 Dec 2008, 9:42 pm
The Supreme Court recently took up the case of 'fleeting expletives' aka the 'Bono rule' in FCC v. [read post]
18 Oct 2011, 5:30 am
Daily Update for October 18, 2011 SCOTUS grants cert on federal employment jurisdiction issue Yesterday the US Supreme Court granted certiorari in Elgin v. [read post]
10 Feb 2009, 2:09 am
Child Support Agency v Truman; [2009] WLR (D) 40 “The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council [...] [read post]
29 Jan 2009, 2:07 am
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26 “Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to [...] [read post]
18 Dec 2008, 10:35 am
Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392 “Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time [...] [read post]
23 Feb 2009, 2:00 am
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64 “The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment. [read post]
5 Mar 2009, 2:33 am
Essex Trading Standards v Singh; [2009] WLR (D) 81 “In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the [...] [read post]
6 Feb 2009, 2:23 am
Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33 “A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of [...] [read post]
17 Dec 2008, 10:35 am
Finch and another v Richardson [2008] EWHC 3067 (QB); [2008] WLR (D) 389 “For the purposes of provisions in the Representation of the People Act 1983 in relation to illegal practices and to errors or false statements in declarations, ignorance of the law could constitute ‘inadvertence’ so as to provide an excuse for such errors and [...] [read post]
19 Jun 2009, 1:37 am
Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196 “In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one [...] [read post]
4 Jun 2016, 6:09 am by Ruthann Robson
Professor Ruthann Robson, City University of New York (CUNY) School of Law With the reported death of Muhammad Ali, f/k/a Cassius Clay, a look back at Clay v. [read post]
11 Feb 2009, 2:22 am
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42 “Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors' meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the [...] [read post]
28 May 2009, 1:55 am
Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172 “Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the [...] [read post]
3 Aug 2009, 2:49 am
Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274 “When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in [...] [read post]
27 Sep 2011, 3:41 am by sally
Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).” (Case C-482/09); [2011] WLR (D) 279 WLR Daily, 22nd September 2011 Source: www.iclr.co.uk [read post]