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27 Jan 2009, 2:17 am
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20 “The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them [...] [read post]
5 Mar 2009, 2:15 am
R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78 “A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was [...] [read post]
13 Jul 2009, 2:41 am
Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236 “Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration [...] [read post]
6 Feb 2009, 2:30 am
Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34 “The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an [...] [read post]
26 May 2009, 3:55 am
Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169 “When a legally assisted person's solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to [...] [read post]
18 Jun 2009, 2:33 am
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189 “The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so [...] [read post]
2 Dec 2009, 3:44 am
Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348 "The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate [...] [read post]
18 May 2009, 3:12 am
Francois v Hutchinson 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154 “On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant's grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in [...] [read post]
26 May 2009, 4:01 am
Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170 “It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company's freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an [...] [read post]
26 May 2009, 4:05 am
Aerotel Ltd v Wavecrest Group Enterprises Ltd and others [2009] EWCA Civ 408; [2009] WLR (D) 171 “A patentee seeking to rely on commercial success as an indicator of non-obviousness in order to rebut an allegation of its patent being obvious over prior art had to establish that the commercial success relied on was due to [...] [read post]
18 Dec 2008, 10:37 am
Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393 “A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. [read post]
23 Jan 2009, 3:09 am
R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15 “A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident [...] [read post]
26 May 2009, 3:35 am
Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168 “The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of [...] [read post]
21 May 2009, 2:03 am
Regina (G) v Southwark London Borough Council [2009] UKHL 26; [2009] WLR (D) 159 “When a child aged 16 or 17 who had been excluded from his family home applied to the children's service department of the local authority for accommodation under s 20 of the Children Act 1989, and he satisfied all the requirements of [...] [read post]
27 Jan 2009, 2:13 am
R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19 “S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not [...] [read post]
1 Jul 2009, 3:02 am
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214 “The sale of a company's assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the [...] [read post]
12 Feb 2009, 2:17 am
Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47 “A person's failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of "good faith" for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless. [read post]
15 Jun 2009, 2:24 am
Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184 “A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband's contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he [...] [read post]
2 Mar 2009, 2:49 am
Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69 “Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg [...] [read post]
1 Jul 2009, 3:18 am
SmithKline Beecham plc and others v Avery and others [2009] EWHC 1488 (QB); [2009] WLR (D) 218 “The word ‘person’ in section 1(1A)(c) Protection from Harassment Act 1997 is not limited to individuals and includes a body corporate, so a company may apply for an injunction under section 3A on grounds of unlawful harassment of its [...] [read post]
