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19 Dec 2008, 10:28 am
Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397 “A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be [...] [read post]
23 Nov 2009, 2:20 am
Louca v Public Prosecutor, Bielefeld [2009] UKSC 4; [2009] WLR (D) 337 "To satisfy the requirements of s 2 of the Extradition Act 2003 a European arrest warrant only had to make reference to the requesting state’s domestic arrest warrant on which it was based and not to any previous European arrest warrant, based on the [...] [read post]
11 Dec 2008, 9:52 am
R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379 “When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state [...] [read post]
17 Dec 2008, 10:48 am
T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391 “A challenge to a the decision of the Office of Communications (’Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (’CAT’). [read post]
9 Apr 2009, 2:41 am
R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134 “The Pensions Appeal Tribunal did not, on an appeal against the defence secretary's interim assessment of the degree of a person's disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence [...] [read post]
3 Jul 2009, 1:52 am
AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22 “The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without [...] [read post]
6 Jan 2009, 1:40 am
Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413 “Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would [...] [read post]
19 Jan 2009, 3:20 am
Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6 “Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art [...] [read post]
13 Feb 2009, 1:42 am
Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50 “Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. [read post]
13 Nov 2009, 2:04 am
Choudhary and others v Bhatter and others [2009] EWCA Civ 510; [2009] WLR (D) 326 "The opening words of art 22 of the Judgments Regulation, as to the courts which were to have 'exclusive jurisdiction', constituted a direction intended to apply as between the courts of those member states which were bound by the Regulation; and [...] [read post]
7 Aug 2009, 2:01 am
Rubin and another v Eurofinance SAand others [2009] WLR (D) 282 “The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate. [read post]
22 Jun 2009, 1:42 am
Owens v City of Westminster Magistrates' Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20 “When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within [...] [read post]
23 Jun 2009, 2:04 am
Regina (Miller and another) v Independent Assessor [2009] EWCA Civ 609; [2009] WLR (D) 206 “In assessing the compensation payable to a victim of miscarriage of justice who in consequence had served a term of imprisonment, the independent assessor should apply principles of other civil awards in respect of similar wrongs in order to achieve legal [...] [read post]
1 May 2009, 2:41 am
R (M) v East Sussex County Council; [2009] WLR(D) 141 “The failure by a local education authority to amend a child's statement of special educational needs during the year of the child's transfer between phases of schooling, and to name and specify the type of school, was a breach of its obligations under s 324 of [...] [read post]
26 Oct 2009, 2:52 am
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304 “A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC [...] [read post]
9 Mar 2009, 3:21 am
JD Wetherspoon plc v Revenue and Customs Commissioners (Case C-302/07); [2009] WLR(D) 84 “Traders who priced individual goods on a VAT-inclusive basis were not entitled to claim the same right to round down VAT for each transaction that was granted to traders who priced goods exclusive of VAT and added VAT at the moment of invoicing. [read post]
2 Apr 2009, 2:23 am
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114 “The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be [...] [read post]
7 Dec 2009, 3:17 am
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355 "A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health [...] [read post]
27 Jan 2009, 2:22 am
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22 “By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold [...] [read post]
8 May 2009, 3:03 am
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148 “The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could [...] [read post]
