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19 Mar 2008, 2:30 am
Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88 “The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank. [read post]
13 Mar 2009, 3:28 am
Service of Northern Ireland; M v Same [2009] UKHL 15; [2009] WLR(D) 90 “The Regulation of Investigatory Powers Act 2000 (’RIPA’) permitted covert surveillance of communications between lawyers and their clients covered by legal professional privilege and notwithstanding any statutory rights of persons in custody to consult privately with their lawyers. [read post]
5 Jan 2011, 1:31 am by sally
Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348 “CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct. [read post]
9 Feb 2012, 3:14 am by sally
Rabone v Pennine Care NHS Trust [2012] UKSC 2; [2012] WLR (D) 23 “A psychiatric in-patient who was known to be at real and immediate risk of suicide was owed a positive operational duty under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms by the NHS trust to take preventative measures to safeguard her life even though she was a voluntary patient who was not detained under the Mental Health Act 1983.” WLR Daily, 8th February 2012… [read post]
7 Apr 2009, 1:32 am
Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128 “An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent's standard terms could extend to the continuing use of unfair terms in an existing contract. [read post]
18 Jun 2009, 2:33 am
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189 “The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so [...] [read post]
25 Jul 2011, 3:25 am by tracey
B v Secretary of State for the Home Department [2011] EWCA Civ 828;  [2011] WLR (D)  243 “The question for the Court of Appeal exercising its appellate jurisdiction under section 13 of the Administration of Justice Act 1960 in respect of a sentence imposed for contempt of court was whether the sentence was manifestly excessive.” WLR Daily, 21st July 2011 Source: www.iclr.co.uk [read post]
12 Feb 2010, 2:48 am by traceydennis
Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35 “The Bills of Sale Acts did not apply to companies. [read post]
7 Jun 2012, 3:04 am by sally
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170 “Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material. [read post]
6 Jul 2009, 2:55 am
Revenue and Customs Commissioners v Holland and another [2009] EWCA Civ 625; [2009] WLR (D) 228 “A human director of a corporate director could in certain circumstances be regarded as a de facto director of the subject company but he would not automatically be so regarded. [read post]
31 Mar 2011, 2:44 am by traceydennis
Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112 “The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration. [read post]
20 Mar 2009, 3:37 am
Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101 “The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt. [read post]
12 Jun 2012, 1:58 am by sally
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]
27 Jan 2009, 2:22 am
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22 “By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold [...] [read post]
8 May 2009, 3:03 am
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148 “The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could [...] [read post]
18 Feb 2010, 1:58 am by sally
Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43 “When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work. [read post]
20 Apr 2011, 1:39 am by sally
Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137 “The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment. [read post]
7 Dec 2010, 2:19 am by sally
Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215 “The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational. [read post]
2 Aug 2011, 2:42 am by sally
Hayes v Chief Constable of Merseyside Police [2011] EWCA Civ 911; [2011] WLR (D) 269 “Where a police constable had exercised the ower of summary arrest provided by section 24 of the Police and Criminal Evidence Act 1984, it had to be shown, inter alia, that the constable had actually believed that the arrest was necessary, and for a permissible reason, and that objectively that belief was reasonable.” WLR Daily, 29th July 2011 Source: www.iclr.co.uk [read post]
25 Mar 2010, 3:06 am by sally
Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88 “A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts. [read post]