Mba v Mayor and Burgesses of London Borough of Merton 2012

Case law report - online

Mental Health Care v Biluan 2012

Case law report - online

Piper v Maidstone and Tunbridge NHS Trust 2012

Case law report - online

R (T and others) v Chief Constable of Greater Manchester and others 2013

Case law report - online

SG Petch v English-Stewart 2012

Case law report - online

Stuart v London City Airport 2012

Case law report - online

Sandford and Parkin v Newcastely upon Tyne Hospitals NHS Trust 2012

Case law report - online

Threlfall v ECD Insight Ltd and others 2012

Case law report - online

Walker v Innospec and others 2012

Case law report - online

Changing treaty and changing economic context:the dynamic relationship of the legislature and the judiciary in the pursuit of capital liberalisation

Introduction For a significant period of time (the late 1950s--1980s), a lack of capital freedom was a major obstacle to the progress of the internal market project. The free movements of goods, persons and services were achieved, and developed, primarily through the case law of the Court of Justice of the European Union (CJEU). On the other hand, the Court played a (self-imposed) limited role in the development of the free movement of capital. It was through a progressive series of legislation that the freedom was finally achieved. John Usher has noted that the consequence of this is that ‘free movement of capital thus became the only Treaty “freedom” to be achieved in the manner envisaged in the Treaty’. For this reason, the relationship of the Court and legislature in this area is of particular importance in the broader context of the internal market. The rest of this chapter is split into four sections and will attempt to describe (and account for) the differing relationships between the legislature and the judiciary during the different stages of capital liberalisation. Section 2 will deal with the situation under the original Treaty of Rome. Section 3 will examine a single legislative intervention: Directive 88/361. It was this intervention that contained the obligation for Member States to fully liberalise capital movements. It is therefore the most important contribution to the completion of the internal market in the capital sphere. An examination will be made of whether the interpretation of the Directive demonstrates a changed (or changing attitude) of the Court towards the EU legislature. Section 4 will examine the changes brought about by the Treaty on European Union in 1993. It was at Maastricht that the Member States finally introduced into the Treaty framework an absolute obligation to liberalise capital movements. Finally, Section 5 will consider the Treaty of Lisbon and the possibility of future interventions by the legislature. By looking at the patterns that run through the different parts, this chapter will attempt to engage with the question of whether the approaches were products of their historical context, or whether they can be applied to other areas within the capital movement sphere.

Implied surrender:waving the white flag

Examines the case law on implied surrender in the context of tenant abandonment and agreements to surrender.

Secret commissions:unauthorised profits

Considers ability of beneficiaries to trace into unauthorised profits following ruling in Sinclair v Versaille and other recent case law.

The availability of proprietary restitution in cases of mistaken payments

This article is concerned with the availability of “proprietary restitution” in cases of mistaken payments. It is argued that the mistake of the claimant is an insufficient justification for proprietary restitution, however a close analysis of the case law demonstrates that the presence of additional factors can justify the availability of proprietary restitution in specific circumstances. The basis of proprietary restitution is to be found in the breach of a duty which arises separately from the claim for unjust enrichment. The significant contribution of this article is the analysis that knowledge merely creates a duty to maintain the fund until restitution is made, and that knowledge cannot establish the breach of this duty. Importantly, breach of this duty is established by a second condition which is demonstrated by the wilful misconduct of the recipient. It is this conduct which justifies the imposition of the constructive trust. By adopting this analysis, the proprietary claim in the context of mistaken transfers can be classified as forming part of the law of wrongs, rather than the law of unjust enrichment.

A gazdasági társaságok átalakulásának egyes jogalkalmazási problémái és a legújabb ítélkezési gyakorlata

A tanulmány a gazdasági társaságok átalakulásának jogalkalmazási kérdéseit tekinti át, és az egyes vitás jogértelmezésű szabályokkal kapcsolatos eseti bírósági döntéseken keresztül mutatja be az uralkodó bírói gyakorlatot. Foglalkozik – egyebek közt – az átalakulás fordulónapjának problematikájával, az átalakulás bejegyzésével és az átalakulás során bekövetkező jogutódlással összefüggő eljárásjogi teendőkkel, különös tekintettel a felszámolás alá került jogutód esetére. ----- The paper reviews the enforcement practice of the Hungarian law on transformation of commercial companies. It presents the leading case law on debated issues of legal interpretaiton. It deals, among others, with turning points in case law on company transformation, publicity of transformation, procedural aspects of the company created upon transformation, with focus on the banckruptcy of such companies.

Environmental liabilities in insolvency:an area ripe for reform?

Purpose: The paper examines the question whether legislative reform is the ‘silver bullet’ for the problems generated by the failure of a company which is exposed to claims arising from the non-fulfilment of its environmental obligations. The limited capacity of the United Kingdom insolvency regime to facilitate the fulfilment of a debtor company's environmental obligations is often illustrated with reference to some significant judicial decisions. However, no real picture has emerged of the frequency with which these issues arise, based on which firm proposals for reform could be advanced. This paper argues that greater regard should be paid to existing mechanisms which provide a means of enabling insolvency risks to be managed or minimised, as these point towards the scope for these issues to be resolved through the environmental protection framework rather than through reliance on company and/or insolvency law. Design/methodology/approach: Research was conducted into the statutory and non-statutory regulations (such as statutory guidance), and case law principles, which underpin the treatment of the claims against an insolvent (or potentially insolvent) company resulting from its environmental activities. This included research into policies which have a bearing on this area, developed through governmental and civic consultations and studies. Findings: The paper concludes that the likelihood of a case for legislative reform being made out is weak, and the focus should accordingly shift to strengthening the effectiveness of existing law, policy and practice. Originality/value: This paper is the first (in the United Kingdom context) to challenge the perceived need for reform in this area, engaging with recent examples of such corporate failures and the impact of recent legislative and policy developments.