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26 Jul 2011, 2:09 am
Only then could the court properly proceed to consider the exercise of its discretion by having regard to all the relevant factors for and against an order for removal, such as the beneficial consequences of success in possible legal proceedings.” WLR Daily, 21st July 2011 Source: www.iclr.co.uk [read post]
3 Mar 2009, 2:07 am
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74 “The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. [read post]
20 May 2009, 3:07 am
Rolls Royce plc v Unite the Union [2009] EWCA Civ 387 “A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers' union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a ‘proportionate means [...] [read post]
27 Mar 2009, 2:37 am
AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112 “In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at [...] [read post]
7 Apr 2009, 1:27 am
Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131 “The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of [...] [read post]
17 Jun 2009, 2:21 am
R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185 “Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and [...] [read post]
27 Jan 2009, 2:19 am
Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21 “On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to [...] [read post]
2 Mar 2009, 2:57 am
Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70 “Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance the actual impact on the occupier was relevant. [read post]
2 Jul 2009, 2:00 am
R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219 “An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights [...] [read post]
8 Jul 2009, 3:41 am
R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234 “Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young [...] [read post]
22 Jan 2009, 2:33 am
Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14 “Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the [...] [read post]
28 Oct 2009, 3:43 am
4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307 “Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss [...] [read post]
23 Jun 2009, 2:01 am
Andrew Brown v Innovatorone plc and others [2009] EWHC 1376 (Comm); [2009] WLR (D) 205 “A claim form was not effectively served on a solicitor where the solicitor had not notified the claimant in writing that the solicitor had been instructed by the defendant to accept service on behalf of the defendant, and, while it did [...] [read post]
20 Feb 2009, 2:41 am
R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63 “The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview [...] [read post]
22 Oct 2009, 1:59 am
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301 “The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the [...] [read post]
30 Nov 2009, 2:49 am
Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345 "Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries [...] [read post]
11 Dec 2008, 9:53 am
R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380 “A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in [...] [read post]
19 Mar 2009, 2:42 am
Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98 “A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was [...] [read post]
17 Jun 2009, 2:26 am
Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186 “A local authority owed a duty of care to its teachers to take such precautions as were reasonable in all the circumstances to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on [...] [read post]
16 Dec 2008, 11:06 am
Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384 “There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the [...] [read post]
