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7 Apr 2009, 1:35 am
British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126 “An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of [...] [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]
6 Feb 2009, 2:17 am
ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32 “When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those [...] [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]
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]
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]
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]
24 Mar 2009, 5:00 am
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106 “Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make [...] [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]
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]
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]
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]
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]
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]
8 May 2009, 3:00 am
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147 “Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company's cross claim was not merely [...] [read post]