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30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
14 Sep 2012, 2:36 am by tracey
Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11);   [2012] WLR (D)  264 “Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence… [read post]
17 May 2011, 2:05 am by sally
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158 “The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by… [read post]
2 Jun 2011, 2:09 am by sally
C v D [2011] EWCA Civ 646; [2011] WLR (D) 186 “An offer to settle under CPR Part 36 could not be time limited. [read post]
7 Sep 2012, 2:39 am by tracey
Rahman and Others v Secretary of State for the Home Department: Case C-83/11;   [2012] WLR (D)  259 “Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were… [read post]
7 Dec 2011, 2:23 am by sally
Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350 “Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. [read post]
26 Mar 2009, 3:24 am
MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109 “A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) [...] [read post]
24 Aug 2012, 2:14 am by sally
Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249 “The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.” WLR Daily, 19th… [read post]
6 Dec 2011, 2:08 am by sally
Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349 “Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit… [read post]