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17 Nov 2009, 2:21 am
Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166; [2009] WLR (D) 329 Â "For the purpose of accrual of a cause of action in the tort of negligence, damage which flowed from an unsecured contingent liability incurred by the claimant insurer, under after the event legal expenses insurance policies, was suffered [...] [read post]
29 Jan 2009, 2:09 am
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27 “It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer's state and the taxpayer had no opportunity to show that the [...] [read post]
14 Dec 2009, 4:04 am
Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360 "S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the [...] [read post]
30 Nov 2010, 2:46 am
ITV Broadcasting Ltd and others v TV Catch Up Ltd [2010] EWHC 3063 (Ch); [2010] WLR (D) 301 “For the purposes of s 20 of the Copyright, Designs and Patents Act 1988, there was no requirement that the mode of communication to the public of a broadcast had to itself have the characteristics of a broadcast. [read post]
6 Mar 2012, 3:11 am
Football Dataco Ltd and Others v Yahoo! [read post]
27 Apr 2012, 3:05 am
Chief Constable of West Yorkshire Police and another v Homer; [2012] UKSC 15; [2012] WLR (D) 122 “An employment requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age was indirectly discriminatory on grounds of age and had to be justified. [read post]
12 Nov 2021, 6:27 am
The post SDS TITLE, LLC, et al. v. [read post]
2 Mar 2009, 3:07 am
Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72 “Where the landlord's consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease. [read post]
18 Jul 2011, 2:25 am
Al Rawi and others v Security Service and others (Liberty and others intervening) [2011] UKSC 34; [2011] WLR (D) 228 “It was for Parliament, if it so decided, and not for the courts, to introduce a closed material procedure to replace the existing process developed by the common law for dealing with claims to public interest immunity in an ordinary civil claim for damages.” WLR Daily, 13th July 2011 Source: www.iclr.co.uk [read post]
16 Jul 2012, 3:35 am
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200 “The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.” WLR Daily, 11th July 2012 Source: www.iclr.co.uk [read post]
27 Jul 2012, 1:48 am
Regina (William Hill Organization Ltd) v Horserace Betting Levy Board [2012] EWHC 2039 (Admin); [2012] WLR (D) 221 “A person who entered into betting transactions on an Internet betting exchange in the course of his business was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963. [read post]
10 Nov 2011, 2:00 pm
Posted by D. [read post]
1 Aug 2012, 3:57 am
Regina (Foley) v Parole Board for England and Wales and another [2012] EWHC 2184 (Admin); [2012] WLR (D) 241 “There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991. [read post]
29 Jul 2010, 1:46 am
Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202 “A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public. [read post]
12 Mar 2012, 4:00 am
W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69 “The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.” WLR Daily, 7th March 2012… [read post]
3 Dec 2012, 3:34 am
Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357 “The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. [read post]
15 Jun 2010, 2:02 am
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd [2010] EWCA Civ 609; [2010] WLR (D) 144 “The single meaning rule in defamation did not apply in claims of malicious falsehood. [read post]
4 Jan 2011, 2:13 am
McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345 “Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist. [read post]
4 May 2012, 3:14 am
ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17; [2012] WLR (D) 132 “Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.” WLR Daily, 2nd May 2012 Source: www.iclr.co.uk [read post]
17 Jun 2009, 2:29 am
Bocardo SA v Star Energy UK Onshore Ltd and anr [2009] EWCA Civ 579; [2009] WLR (D) 187 “A party, under licence from the Crown to search for, bore and obtain oil, which drilled and used pipelines to extract the oil from land without the grant of permission by the owner of the paper title in [...] [read post]
