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6 Oct 2009, 2:12 am
R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292 “In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those [...] [read post]
11 Mar 2010, 2:57 am
Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70 “S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
18 Jul 2011, 2:23 am
Inversiones Frieira SL and another v Colyzeo Investors II LP and another [2011] EWHC 1762 (Ch); [2011] WLR (D) 227 “The legal structure of a collective investment scheme was that of a partnership and the legal rights of the investors were determined by that legal structure and not by the economic purpose.” WLR Daily, 14th July 2011 Source: www.iclr.co.uk [read post]
24 Feb 2009, 1:41 am
Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66 “In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history. [read post]
3 Nov 2011, 3:23 am
Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308 “A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.” WLR Daily, 25th October 2011 Source: www.iclr.co.uk [read post]
3 Aug 2009, 2:51 am
Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275 “There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company's officer who was outside the jurisdiction. [read post]
3 Feb 2012, 2:50 am
Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20 “A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.” WLR Daily, 15th December 2012… [read post]
22 May 2012, 2:52 am
Mattu v University Hospitals Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641; [2012] WLR (D) 152 “The disciplinary proceedings of a public employer as to the dismissal of an employee under a contract of employment did not determine a “civil right” of the employee for the purposes of the right to a fair hearing pursuant to article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.” WLR Daily, 18th May 2012 Source:… [read post]
12 Jan 2009, 1:49 am
East Devon District Council v Boundary Committee of the Electoral Commission [2009] EWHC 4 (Admin); WLR(D) 5 “The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals. [read post]
17 Nov 2009, 2:31 am
Independent News and Media Ltd and Others v A [2009] EWHC 2858 (Fam); [2009] WLR (D) 332 "Since Court of Protection proceedings were within the recognised exceptions to the open justice principle article 10 rights were not immediately engaged and it was for an applicant to demonstrate 'good reason' before the court was obligated to conduct [...] [read post]
12 Feb 2010, 2:44 am
Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33 “Where a person presented a winding up petition and appeared at the hearing of an administration application the court had jurisdiction to order that the costs of prosecuting the petition were payable as an expense of the administration. [read post]
9 Aug 2010, 11:06 am
Commissioner: In an e-mail to Tax Analysts, Blake D. [read post]
24 Jul 2008, 8:44 am
West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] WLR (D) 248 “Guidance as to the principles applicable to determining a claim to litigation privilege. [read post]
15 Apr 2011, 3:31 am
Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17; [2011] WLR (D) 132 “A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. [read post]
15 Jul 2020, 8:36 am
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31 Oct 2008, 9:48 am
Scottish & Newcastle plc v Raguz [2008] UKHL 65; [2008] WLR (D) 335 “Landlords were not required to serve notices under s 17 of the Landlord and Tenant (Covenants) Act 1995 in respect of rent increases that would become retrospectively payable when rent reviews were completed. [read post]
3 Nov 2008, 10:44 am
Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338 “There was no reason why documents created by one party and sent to another should cease to be "correspondence" on their receipt by the latter. [read post]
4 Jan 2011, 2:02 am
Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343 “Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to the applicability of qualified privilege, to have regard to the art 8 Convention rights of the person so identified and also to look to the proportionality of… [read post]
4 Aug 2010, 3:03 am
Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222 “The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of… [read post]
3 Nov 2008, 10:49 am
Birmingham City Council v Shafi and another [2008] EWCA Civ 1186; [2008] WLR (D) 341 “Where a council sought an injunction under s 222 of the Local Government Act 1972 in circumstances in which an anti-social behaviour order (ASBO) would be available, the court should not, save in an exceptional case, grant the injunction but leave the council to seek an ASBO in the magistrates' court. [read post]
