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17 Jun 2010, 2:14 am
Regina (Law Society) v Lord Chancellor [2010] EWHC 1406; [2010] WLR (D) 151 “When exercising the discretionary power to make provision for scales or rates of payments of any costs payable out of central funds to successful defendants in criminal trials pursuant to ss 16(6) and 20 of the Prosecution of Offences Act 1985, as amended, the Lord Chancellor had to base the rules on the principle of compensation taking into account prevailing market rates. [read post]
8 Jul 2010, 2:14 am
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171 “Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best. [read post]
24 Oct 2008, 8:49 am
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324 “Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996. [read post]
24 May 2010, 2:08 am
Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130 “A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action. [read post]
7 Mar 2011, 2:39 am
Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71 “A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]
3 Aug 2010, 3:43 am
Leo Pharma A/S and another v Sandoz Ltd; [2010] EWHC 1911 (Pat); [2010] WLR (D) 214 “A sealed court order which had been drawn up and agreed by the parties at the request of the court could not be corrected under the slip rule contained in CPR 40.12(1) unless it had an unintended effect which was inconsistent with the intention of the court. [read post]
6 Nov 2008, 10:21 am
Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343 “The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter. [read post]
20 May 2010, 3:30 am
Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129 “An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. [read post]
20 Aug 2010, 2:31 am
Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232 “Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries. [read post]
2 Jun 2009, 7:07 am
Charles D. [read post]
13 Mar 2008, 2:05 am
Revenue and Customs Comrs v Total Network SL [2008] UKHL 19; WLR (D) 80 “No intention that the Revenue and Customs Commissioners should be barred from recovering damages for conspiracy in the form of a carousel fraud was to be attributed to the legislature in the enactment of the scheme in the Value Added Tax Act 1994. [read post]
25 Mar 2008, 5:04 am
Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91 “A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum. [read post]
13 Aug 2008, 8:36 am
R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292 “A person's need for a refrigerator in which to keep medication did not amount to "need of care and attention" within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation. [read post]
16 Jul 2010, 9:33 am
R (Rickets) v Basildon Magistrates’ Court [2010] WLR (D) 186 “If goods were left outside a charity shop it could be inferred that it was the owner’s intention to donate them as a gift to the shop, and they were not abandoned but remained the property of the person who deposited them until taken into the control or possession of the charity; and if some other person removed the goods in the meantime he might be found to have committed an offence of theft. [read post]
30 Apr 2010, 3:00 am
Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108 “When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like. [read post]
18 Oct 2010, 1:53 am
Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253 “Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced. [read post]
25 Nov 2008, 10:03 am
Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364 “A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient. [read post]
19 Jul 2010, 2:07 am
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808; [2010] WLR (D) 189 “If an applicant seeking registration, or a registered approved driving instructor seeking renewal of his registration, failed to disclose convictions or made a false declaration that he had no convictions, that struck at the heart of the registration process and the question whether he was a ‘fit and proper person’ to be entered in the applicable register. [read post]
5 Nov 2010, 3:23 am
Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276 “An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence. [read post]
