“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”
Education Law Blog, 4th August 2013
Source: www.education11kbw.com
Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102
“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15
“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”
WLR Daily, 17th January 2013
Source: www.iclr.co.uk
“The latest Lord Chief Justice’s Report has been laid before the House of Lords.”
Judiciary of England and Wales, 3rd August 2012
Source: www.judiciary.gov.uk
Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263; [2012] WLR (D) 65
“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”
WLR Daily, 8th March 2012
Source: www.iclr.co.uk
“Were the statutory duties in the Companies Act 2006 intended to be simply a replacement without change?”
Full story (PDF)
11 KBW, 23rd November 2011
Source: www.11kbw.com
Jenson and another v Faux [2011] EWCA Civ 423; [2011] WLR (D) 133
“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17; [2011] WLR (D) 132
“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”
WLR Daily, 13th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Equality commission set to launch formal assessment into the Treasury’s conduct prior to last month’s spending review.”
The Guardian, 26th November 2010
Source: www.guardian.co.uk
“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”
WLR Daily, 31st July 2009
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.
Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others
Court of Appeal
“An account of profits could not be awarded on a claim for a nonproprietary tort.”
The Times, 4th November 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.
“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.
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