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11 Mar 2011, 2:44 am by traceydennis
Bank of Scotland v Pereira and others [2011] EWCA Civ 241; [2011] WLR (D) 79 “A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. [read post]
25 Jun 2010, 2:03 am by traceydennis
Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156 “The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised… [read post]
5 Jul 2010, 1:36 am by sally
Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167 “The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily… [read post]
3 Nov 2008, 10:48 am
Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340 “Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1. [read post]
22 May 2008, 4:33 am
BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159 “An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an… [read post]
12 Jun 2015, 8:37 am by Ryan Scoville
On Monday the Supreme Court issued a long-awaited and important decision in Zivotofsky v. [read post]
18 Feb 2011, 2:15 am by traceydennis
Stonham v Ramrattan and another [2011] EWCA Civ 119; [2011] WLR (D) 48 “Section 283A of the Insolvency Act 1986, which gave a trustee in bankruptcy three years from the date of the bankruptcy to decide what to do about any interest in a house inhabited by the bankrupt or their current or former spouse or civil partner, was concerned only with property which actually formed part of the bankrupt’s estate at the time at the commencement of the bankruptcy. [read post]
17 Mar 2011, 3:31 am by sally
Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88 “A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service… [read post]
25 Mar 2012, 9:00 pm by Laurent Teyssèdre
En outre, la CBE ne permet pas de vérifier au stade de l'opposition le bien-fondé d'une correction d'erreur accordée par la section de dépôt. [read post]
11 Jun 2012, 3:19 am by sally
Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11); [2012] WLR (D) 173 “A provision in a collective agreement applicable to a group of companies within the airline industry which only took into account experience acquired as a cabin crew member from the date of recruitment by a specific airline company for the purposes of grading in the employment catagories provided for in that… [read post]
11 Jun 2012, 3:19 am by sally
Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11); [2012] WLR (D) 173 “A provision in a collective agreement applicable to a group of companies within the airline industry which only took into account experience acquired as a cabin crew member from the date of recruitment by a specific airline company for the purposes of grading in the employment categories provided for in that… [read post]
16 Jul 2012, 3:47 am by sally
Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203 “Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not… [read post]
19 Mar 2010, 3:14 am by sally
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) [2010] EWHC 520 (Ch); [2010] WLR (D) “A Roman Catholic adoption agency was entitled to rely on reg 18 of the Equality Act (Sexual Orientation) Regulations 2007 which afforded to charities generally an exemption from the prohibition of discrimination on grounds of sexual orientation. [read post]
2 Aug 2010, 2:33 am by sally
Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2010] UKSC 40; [2010] WLR (D) 211 “Where the Electoral Commission brought forfeiture proceedings under the Political Parties, Elections and Referendums Act 2000 against a registered political party in respect of its acceptance of an impermissible donation the court had a discretionary power under s 58(2) to order partial forfeiture of the value of the… [read post]
13 Nov 2008, 10:28 am
E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351 “The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to… [read post]