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17 Jul 2018, 9:01 pm
In Olmstead v. [read post]
10 Apr 2008, 12:39 am
Regina (Gentle and Another) v Prime Minister and Others House of Lords “The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion. [read post]
5 Jul 2007, 2:12 am
When permission is required before issuing legal proceedings Seal v Chief Constable of South Wales Police House of Lords “A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings. [read post]
17 Jan 2012, 3:21 pm
DISMISSED – Hit and Run, State v. [read post]
6 Jun 2007, 1:50 am
London Borough of Islington v. [read post]
11 Apr 2008, 2:11 am
McGrath and Others v Riddell and Another House of Lords “The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up. [read post]
2 Dec 2008, 10:32 am
Regina (JL) (a Youth) v Secretary of State for Justice House of Lords “A near-suicide in custody which resulted in the prisoner's mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life. [read post]
3 Nov 2008, 10:34 am
Scottish and Newcastle plc v Raguz House of Lords “Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them. [read post]
21 Jun 2007, 2:21 am
Exercise of delegated council duty is a private function YL v. [read post]
17 Apr 2008, 1:37 am
Newnham College v Revenue and Customs Commissioners House of Lords ” A scheme by which Newnham College, Cambridge, set up a company, which it owned and controlled, to which it leased its newly constructed library for the company to operate, was effective as a device to enable the college to recover the input tax attributable to the cost of building the library pursuant to paragraph 2 of Schedule 10 to the Value Added Tax Act 1994. [read post]
4 Aug 2008, 9:20 am
Smith v Chief Constable of Sussex Police House of Lords “Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them. [read post]
29 Jun 2007, 2:29 am
R (National Grid Gas plc) v. [read post]
14 Nov 2008, 9:50 am
Zalewska v Department for Social Development House of Lords “The United Kingdom's decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law. [read post]
5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
10 Aug 2007, 1:44 am
Husband not liable for tax on his wife's private dividend Jones v. [read post]
6 Aug 2008, 8:12 am
McKinnon v Government of the United States of America House of Lords “A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
14 Oct 2010, 2:02 am
Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248 “S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities. [read post]
28 Jan 2011, 3:04 am
Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18 ” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm. [read post]
16 Jun 2008, 7:02 pm
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 on when housing benefit counts as rent under RTB rules. [read post]
