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2 Sep 2008, 8:26 am
Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298 “The correct approach to the assessment of damages on a landowner's claim against a council in respect of its tenants' trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights. [read post]
9 Aug 2010, 2:24 am
Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225 “Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued. [read post]
30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
16 Jun 2011, 2:25 am
Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194 “The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. [read post]
1 Mar 2010, 3:50 am
Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52 “It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served. [read post]
19 Jul 2010, 2:10 am
Mond and another v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch); [2010] WLR (D) 190 “Clause 13.2 of the IVA Protocol, as well as clause 13.1, should not be construed as permitting a creditor bound by the Protocol to vote against an individual voluntary arrangement (‘IVA’) proposal only if he has good reason to do so. [read post]
24 Jun 2010, 1:51 am
Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154 ”The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had… [read post]
28 Jan 2011, 2:58 am
Ashford Borough Council v Barratt and another [2011] EWCA Civ 27; [2011] WLR (D) 16 “Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs. [read post]
29 Jun 2010, 1:58 am
Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162 “In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations. [read post]
4 Nov 2011, 4:37 am
Yerrakalva v Barnsley Metropolitan Borough Council and another; [2011] EWCA civ 1255; [2011] WLR (D) 313 “When exercising its discretion under rule 40 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 to order costs against a party who had acted unreasonably in bringing or conducting proceedings, it was vital that the employment tribual looked at the whole picture of what happened in the… [read post]
15 Jun 2010, 2:04 am
Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145 “A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place. [read post]
24 Apr 2013, 9:11 am
Manchester University Inc v. [read post]
18 Apr 2008, 1:39 am
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114 “S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
9 Dec 2010, 2:19 am
Regina (Woolas) v Parliamentary Election Court and others [2010] EWHC 3169 (Admin); [2010] WLR (D) 217 “The relationship of a parliamentary election court to the High Court was such that it was to be regarded as an inferior tribunal so that its actions could be the subject of judicial review; and the jurisdiction in judicial review of an election court was not confined to an excess of jurisdiction in the narrow sense but extended to correcting errors in its application of the… [read post]
31 Jul 2008, 9:28 am
R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271 “Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act. [read post]
16 Oct 2008, 9:36 am
R (Haase) v District Judge Nuttall and another [2008] EWCA Civ 1089; [2008] WLR (D) 316 “There was no general requirement that a prosecutor be independent and impartial to comply with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
25 Apr 2008, 8:38 am
Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128 “Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999. [read post]
1 Jul 2011, 2:44 am
White v Davenham Trust Ltd [2011] EWCA Civ 747; [2011] WLR (D) 212 “A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor. [read post]
13 Mar 2008, 2:07 am
Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82 “The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel. [read post]
28 Jul 2008, 8:42 am
CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254 “A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller's suppliers chose, for whatever reason, not to make them available. [read post]
