“An account of profits could not be awarded on a claim for a non-proprietary tort. Community law neither prevented nor required the recognition in domestic law of a restitutionary award as a remedy for breach of statutory duty.”
WLR Daily, 16th October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Queen’s Bench Division
“The control of dangerous contagious poultry disease by mass slaughter using ventilation shutdown was compatible and proportionate with European Union law.”
The Times, 16th October 2008
Source: www.timesonline.co.uk
P lease note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”
WLR Daily, 10th October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An Australian revisionist historian wanted in Germany for alleged Holocaust denial was today greeted in court with a Nazi salute from the public gallery.”
The Guardian, 10th October 2008
Source: www.guardian.co.uk
Chancery Division
“A judicial error in the application of European Community law would not create liability for damages unless it was a manifest infringement of the applicable law.”
The Times, 7th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305
“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”
WLR Daily, 3rd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Stephen Cooper v Attorney General [2008] EWHC 2285 (QB); [2008] WLR (D) 303
“A judicial error in the application of European Community law must be a manifest infringement of the applicable law in order to create liability for damages.”
WLR Daily, 2nd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“UK employees hoping to keep their jobs beyond the age of 65 suffered a setback today when an adviser to Europe’s top court said Britain’s mandatory retirement age was acceptable under EU law.”
The Times, 23rd September 2008
Source: www.timesonline.co.uk
“Activists have declared tomorrow ‘Stop Software Patents Day’. The day is being held on the fifth anniversary of a European Parliament decision to limit patent law in a way that campaigners say benefited small software developers.”
OUT-LAW.com, 23rd September 2008
Source: www.out-law.com
“A challenge to the right of employers to make people retire at 65 has been rejected by a European court adviser.”
BBC News, 23rd September 2008
Source: www.bbc.co.uk
“Europe’s privacy regulator has said that he will back a pan-European criminal records system only if specific data protection measures are put in place. Because the system deals with crime and security, EU data protection law does not currently apply to it.”
OUT-LAW.com, 22nd September 2008
Source: www.out-law.com
“Civil rights groups are considering a legal challenge to new EU laws that would allow British citizens to be extradited automatically if they are convicted in their absence by foreign courts.
Full story
Daily Telegraph, 21st September 2008
Source: www.telegraph.co.uk
“British citizens could be convicted in their absence by foreign courts for traffic, credit card or other criminal offences under plans approved in principle by the European Parliament.”
The Times, 3rd September 2008
Source: www.timesonline.co.uk
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy
House of Lords
“Where a fugitive from Italy had been found guilty of an offence in his absence and sentenced to a term of imprisonment, under Italian law, his trial had not been finally completed pending appeal and his extradition from the United Kingdom had been properly sought as an accused rather than a convicted person.”
The Times, 19th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date if publication.
“Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”
WLR Daily, 1st August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Coleman v Attridge Law (a Firm) and Another Case C-303/06
Court of Justice of the European Communities
“The prohibition of direct discrimination against and harassment of disabled people in employment, provided for in the Community disability directive, was not limited to employees who were themselves disabled but extended to unequal treatment and harassment of a non-disabled employee for reasons connected with the disability of his child.”
The Times, 29th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257
“The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”
WLR Daily, 25th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”
The Times, 22nd July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Britain has officially ratified the controversial Lisbon treaty, it was announced today.”
The Guardian, 17th July 2008
Source: www.guardian.co.uk
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