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6 Mar 2024, 3:00 am by Shea Denning
My guess is that the Court’s December 2023 opinion in State v. [read post]
1 Aug 2008, 9:35 am
R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53; [2008] WLR (D) 272 “The statutory scheme requiring the Secretary of State's permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry… [read post]
9 May 2012, 1:54 am by sally
Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139 “The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. [read post]
26 Apr 2010, 3:18 am by sally
R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99 “The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the… [read post]
24 Jul 2012, 4:48 am by tracey
Maidment v Attwood and others: [2012] EWCA Civ 998;  [2012] WLR (D)  220 “Where a minority shareholder had brought a petition under section 994 of the Companies Act alleging that remuneration paid to a director of a now insolvent company in liquidation was excessive and therefore unfairly prejudicial, there was no basis in the statutory provisions or in principle or in authority to impose a requirement for diligence on shareholders in regards to the… [read post]
19 Jul 2011, 2:41 am by tracey
Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey [2011] EWCA Civ 813;  [2011] WLR (D)  233 “The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and… [read post]
1 Aug 2011, 3:10 am by tracey
K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265 “Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995… [read post]
22 Aug 2017, 12:59 pm
Les travaux sont autorisés, mais les décisions sont assorties de conditions, d'où les recours. [read post]
12 Mar 2009, 3:34 am
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89 “Where a partner entrusted with the responsibility of dealing with all aspects of the firm's professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm's professional indemnity insurer had refused indemnity, was a liability to be [...] [read post]
23 Oct 2009, 3:35 am
R v Ghulam; [2009] WLR (D) 303 “The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision's requirement for evidence from two or more registered medical practitioners to be before the court has not been met, [...] [read post]
11 Jun 2009, 1:31 am
R v Fazal [2009] WLR (D) 175 “A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant's bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002. [read post]
3 Aug 2009, 2:41 am
R v C [2009] UKHL 42; [2009] WLR (D) 272 “The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability. [read post]
5 Feb 2017, 3:33 pm by Mary Whisner
If you'd like to catch up and read some of the news coverage and court documents, see the Washington v. [read post]
11 Jun 2020, 9:00 pm by Laurent Teyssèdre
Elaborés à partir de procédés à la pointe de l’innovation (biotechnologies, culture de cellules végétales, chimie fine, synthèse peptidique, extraction végétale…), les produits Sederma sont distribués sur [read post]
8 Apr 2011, 3:24 am by sally
Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126 “When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company. [read post]