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5 Nov 2008, 10:47 am
Hussain v Chief Constable of West Mercia Constabulary [2008] EWCA Civ 1205; [2008] WLR (D) 342 “Transient physical symptoms caused by stress or anxiety did not constitute either psychiatric or physical injury so as to amount to material damage for the purposes of the tort of misfeasance in public office. [read post]
10 Aug 2010, 1:39 am
R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229 “A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. [read post]
16 Jul 2010, 2:18 am
Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179 “The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation. [read post]
25 Jun 2010, 2:11 am
British Broadcasting Corporation and another v Sugar (No 2) [2010] EWCA Civ 715; [2010] WLR (D) 157 “Once it was established that information, requested under the Freedom of Information Act 2000, was held by the BBC as a public authority for the purposes of journalism (a word that was to be given its natural meaning), it was effectively exempt from production under the 2000 Act, even if the information was also held by the authority for other purposes. [read post]
16 Dec 2010, 7:04 am
Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327 “The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. [read post]
24 Jan 2011, 2:37 am
Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10 “The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted. [read post]
10 Dec 2010, 2:14 am
R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320 ” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside. [read post]
8 Jul 2010, 2:16 am
Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172 “Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. [read post]
8 Apr 2008, 1:49 am
R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95 “A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available. [read post]
13 May 2008, 1:36 am
Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149 “Where a defendant had been convicted by a jury which had been empanelled from an array which did not meet the requirements laid down by statute his conviction should not be overturned and a retrial ordered unless the statutory language and intent so required or there was reason to think his trial had been unfair. [read post]
16 Feb 2010, 2:43 am
Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37 ”A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination. [read post]
5 Nov 2010, 3:34 am
Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280 “When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to… [read post]
31 Mar 2011, 2:50 am
Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329; [2011] WLR (D) 110 “Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence. [read post]
26 Apr 2011, 3:12 am
Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145 “Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’. [read post]
22 Jun 2010, 1:25 am
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal. [read post]
3 Dec 2010, 1:49 am
R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308 “For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred. [read post]
17 Dec 2010, 3:41 am
Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332 “Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process. [read post]
4 Apr 2011, 2:21 am
Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116 “Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure. [read post]
25 May 2010, 2:11 am
Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133 “Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position… [read post]
1 Feb 2011, 1:52 am
Daejan Investments Ltd v Benson and Others [2011] EWCA Civ 38; [2011] WLR (D) 24 “The proper exercise of the discretion in section 20ZA of the Landlord and Tenant Act 1985 (as inserted) to dispense with the requirement of consultation laid down in the Service Charges (Consultation Requirements) (England) Regulations 2003 did not depend on financial consequences for the landlord or tenant of granting or refusing such a dispensation. [read post]
