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8 Feb 2010, 4:05 am
Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27 “Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ’suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty. [read post]
18 Dec 2009, 2:03 am
Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369 “The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged. [read post]
24 Jan 2011, 2:28 am
Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D) “In determining whether to grant a late application to amend a pleading a balance was always to be struck. [read post]
30 Jul 2008, 8:58 am
Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261 “The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. [read post]
8 Apr 2010, 3:03 am
Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92 “There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area. [read post]
11 Mar 2011, 2:48 am
North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWCA Civ 230; [2011] WLR (D) 80 “A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know. [read post]
14 Mar 2011, 3:31 am
Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky (Case C-240/09); [2011] WLR (D) 82 “Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law. [read post]
30 Jul 2010, 2:51 am
Mageean v Secretary of State for Communities and Local Government and others [2010] WLR (D) 209 ”The validity of a screening direction made by the Secretary of State under reg 6 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 is not limited to two years but a planning inspector should refer the matter back to the Secretary of State where there has been a change of circumstance which could affect the decision. [read post]
25 Feb 2010, 2:53 am
Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48 “The Landlord and Tenant (Covenants) Act 1995 precluded a person who had guaranteed a tenant’s obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease. [read post]
19 May 2008, 2:30 am
S-H v Kingston upon Hull City Council and another [2008] EWCA Civ 493; [2008] WLR (D) 154 “When deciding whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the court should ask itself the question whether, in all the circumstances, including the parent's prospect of success in securing revocation and the child's interests, leave should be given. [read post]
30 Nov 2012, 4:07 am
Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559; [2012] WLR (D) 354 “The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s… [read post]
21 Oct 2011, 1:53 am
SSL International plc and another v TTK LIG Ltd and others [2011] EWCA Civ 1170; [2011] WLR (D) 299 “Service of a claim form on the director of a foreign company during his temporary visit to England did not constitute personal service of the claim form on the company, within CPR r 6.5(3)(b), where the company was neither resident nor carried on business in England and all its directors were resident overseas when the proceedings were purportedly served.” WLR Daily,… [read post]
25 Feb 2011, 2:03 am
R (Mirza and others) v Secretary of State for the Home Department [2011] EWCA Civ 159; [2011] WLR (D) 55 “The Home Secretary, when refusing to extend a foreign national’s leave to remain in the United Kingdom, ought at the same time or promptly thereafter make a removal decision which, if adverse, would enable the foreign national to appeal without breaking the law by overstaying. [read post]
6 Oct 2008, 9:00 am
R (Limbu and Others) v Secretary of State for the Home Department and Others; [2008] WLR (D) 304 “It was irrational for the Home Secretary to rely on the discretionary policy relating to settlement entry for Gurkha veterans where discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors. [read post]
2 Jun 2010, 2:08 am
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135 “An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large. [read post]
17 Oct 2008, 8:57 am
Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others [2008] EWCA Civ 1086; [2008] WLR (D) 317 “An account of profits could not be awarded on a claim for a non-proprietary tort. [read post]
10 Jan 2013, 8:11 am
Allison Transmission Inc. v. [read post]
30 Mar 2011, 2:55 am
Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106 “A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation. [read post]
4 Mar 2008, 1:28 am
AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149; WLR (D) 67 “While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse. [read post]
28 May 2010, 2:15 am
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Crim 571; [2010] WLR (D) 135 “An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large. [read post]
