Archive for the 'statutory duty' Category

Jenson and another v Faux – WLR Daily

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 – WLR Daily

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.

George Osborne to be investigated by watchdog over cuts – The Guardian

“Equality commission set to launch formal assessment into the Treasury’s conduct prior to last month’s spending review.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change – WLR Daily

R (Friends of the Earth and another) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810; [2009] WLR (D) 276

“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 – Times Law Reports

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.

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others – WLR Daily

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others [2008] EWCA Civ 1086; [2008] WLR (D) 317

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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