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16 Apr 2008, 1:34 am
Regina (Smith) v Assistant Deputy Coroner for Oxfordshire [2006] EWHC 694 (Admin); [2008] WLR (D) 108 “The procedural obligations arising under art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms applied to an inquest on an United Kingdom soldier who had died of hyperthermia while on active service in Iraq. [read post]
31 Jul 2008, 9:14 am
McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266 “A foreign prosecuting authority's plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
10 Apr 2008, 1:17 am
Goodall v Peak District National Park Authority; [2008] WLR (D) 99 “The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
22 Jul 2008, 8:26 am
R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246 “Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it. [read post]
4 Aug 2008, 9:52 am
Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282 “The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. [read post]
11 Mar 2010, 2:55 am
Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69 ”Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity. [read post]
30 Nov 2010, 2:54 am
Child Maintenance and Enforcement Commission v Beesley and another [2010] EWCA Civ 1344; [2010] WLR (D) 304 “The Child Maintenance and Enforcement Commission was not a creditor of a non-resident parent of a child, who was in arrears as to payment of child support and had other debts, and was therefore not capable of being bound by his individual voluntary arrangement within the meaning of s 260(2)(b) of the Insolvency Act 1986. [read post]
13 Apr 2010, 3:07 am
British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96 “A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion. [read post]
28 Feb 2011, 2:14 am
British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63 “The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain. [read post]
27 Feb 2008, 1:19 am
R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60 “Legislation could render a partnership criminally liable as a separate entity from its individual partners. [read post]
27 Oct 2008, 11:00 am
Yorkshire Bank Finance Ltd v Mulhall and Another: [2008] EWCA Civ 1156; [2008] WLR (D) 330 “No provision in the Limitation Act 1980 prevented the enforcement in 2007 of a charging order over land made in 1990 to secure a judgment debt though no attempt at enforcement had been made in the interim. [read post]
18 Apr 2011, 2:13 am
Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136 “The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union. [read post]
12 Mar 2010, 3:27 am
Bradford & Bingley plc v Ashcroft [2010] EWCA Civ 223; [2010] WLR (D) 74 ”There was no need to re-analyse a part-payment of a mortgage debt or to put a gloss on it in terms of acknowledgment for the purposes of calculating whether or not the limitation period had expired because s 29(5) of the Limitation Act 1980 made provision for a freestanding mechanism for the computation of time. [read post]
4 Aug 2008, 9:27 am
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274 “Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded. [read post]
10 Dec 2010, 2:18 am
Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321 “Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial. [read post]
7 Sep 2010, 2:21 am
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead… [read post]
4 Aug 2008, 9:32 am
Donaldson v O'Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275 “The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors' meeting should make such an appointment. [read post]
31 Oct 2008, 9:50 am
R (Purdy) v Director of Public Prosecutions [2008] EWHC 2565; [2008] WLR (D) 337 “The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted under s 2(1) of the Suicide Act 1961 for assisting another person to commit suicide. [read post]
4 Mar 2010, 2:28 am
Regina v Upper Bay Ltd [2010] WLR (D) 60 “The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
3 Dec 2010, 1:58 am
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]
