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22 Feb 2024, 8:08 am by CMS
Following suit, the Supreme Court then also misunderstood the High Court’s reasoning, and in doing so, quoted the following proposition: “…the approach for setting aside leave should be the same as the approach to setting aside permission to appeal in the Civil Procedure Rules, where (by contrast with the Family Proceedings Rules) there is an express power to set aside, but which may only be exercised where there is a compelling reason to do so: CPR r 52.9(2). [read post]
3 Jan 2024, 6:07 am by CMS
This was correct, by reference to the analogy of private schools as reviewed in R (Independent Schools Council) v Charity Commission for England and Wales [2010] EWHC 2604 (Admin) (“ISC”). [read post]
12 Jun 2023, 4:05 am by Howard Friedman
, 23 Pepperdine Dispute Resolution Law Journal 211-262 (2022).Allison R. [read post]
13 Mar 2023, 6:10 am by Frank O. Bowman, III
Last month, the Heritage Foundation produced a sort of “brief” supporting the Briggs-Fallon crusade. [read post]
23 Feb 2023, 8:49 am by Chukwuma Okoli
V&R unipress; Bonn University Press (2021) xvi and 230pp. plus 1 p. [read post]
29 Jan 2023, 10:15 pm by GWS Law
It is clear from [Sharp v Leeds City Council [2017] EWCA Civ 33; [2017] 4 WLR 98] and, in particular, the statement by Briggs LJ at [35], that when one speaks of the settlement of the claim for present purposes, one speaks of settlement of the claim for damages for personal injury, not settlement of the costs claimed arising upon the claim. [read post]
19 Oct 2022, 6:17 am by Jocelyn Hutton
The Defendants have another son (‘R), who is also a farmer, and a daughter (‘J’), who is not. [read post]
30 Sep 2022, 5:28 pm by Eugene Volokh
[My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity. [read post]
26 Aug 2022, 5:24 am by Chukwuma Okoli
It features the following case notes and articles: A Briggs, “Render unto Caesar the things that are Caesar’s” R Bork, “The Arbitrability of Insolvency-Related Claims” CH Tham, “Assignments, Assignees and the Burden of an Arbitration Clause” [read post]
7 Jul 2022, 7:15 am by David Hemming (Bristows)
After summarising what the amendment request proposed by 3M entailed, the judge concluded, using the same wording as Lord Briggs in Warner-Lambert, that the proposed amendments to the range of thickness ratios were clearly “designed to make good a claim not thus far advanced in the amended form” (paragraph 13). [read post]
30 May 2022, 1:00 am by David Pocklington
Werburgh Chorlton-cum-Hardy [2022] ECC Man 1  This unlisted church was built between 1899 and 1902 and designed by R B Preston, the then Diocesan Surveyor. [read post]
29 Oct 2021, 1:56 pm by Mukarrum Ahmed
Lord Lloyd-Jones (with whom Lords Reed, Briggs, and Burrows agreed: see [5] & [7])) concluded that there was “no justification in principle or in practice, for limiting ‘damage’ in paragraph 3.1(9)(a) to damage which is necessary to complete a cause of action in tort or, indeed, for according any special significance to a place simply because it was where the cause of action was completed”: at [49]. [read post]
26 Oct 2021, 12:41 am by Florence Plisner (Bristows)
It is arguable that Lord Hodge and Lord Briggs’ “subjective intention” test is more in line with the approach taken by the German courts in Östrogenblocker (applied by Hacon HHJ in the case at hand), which introduced a mental element based on foreseeability. [read post]
16 Aug 2021, 8:21 am by Chukwuma Okoli
M Teo,  “A Negotiation-Based Choice of Law Rule for Contractual Formation” A Briggs, “Book Review – The Private International Law of Authentic Instruments”   [read post]
21 Jul 2021, 3:33 am by CMS
On 9 March 2021, the Supreme Court heard the appeal in R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council. [read post]
27 Jun 2021, 6:53 am by Tobias Lutzi
First, they all use an aspect of Adrian Briggs’ academic oeuvre as their starting point. [read post]