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8 Jan 2016, 10:03 am
In these joined cases, the Court took the opportunity to re-write the penalties doctrine, which had not been considered by the House of Lords or Supreme Court since the 1914 case of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1. [read post]
17 Jan 2012, 4:00 am
The defendant were based in the United States. [read post]
20 Nov 2010, 2:01 am
See also Lord Lester’s Bill, clause 12. (2) Rule out some claimants? [read post]
18 Oct 2011, 6:55 am
Royal Dutch Petroleum and Mohamad v. [read post]
12 Jun 2023, 1:50 am
The Court will determine whether the Supreme Court should depart from the judgment of the House of Lords in James Buchanan & Co. [read post]
3 Dec 2008, 11:52 pm
When this Court adopted the dominant purpose test, it did so in response to a similar move by the House of Lords in Waugh v. [read post]
1 Jul 2011, 11:01 am
Article 6 of the Convention was specifically drafted to replicate the House of Lords’ ringing affirmation of open justice in the seminal early twentieth century decision of the House of Lords in Scott v Scott. [read post]
14 May 2023, 12:19 am
Ecclesiastical lawyers will perhaps be more familiar with Martin v Mackonochie, Law Reports, Privy Council Appeal, Cases, 1867-9, pp. 386 to 392, and Mackonochie v Lord Penzance (1881) 6 App Cas 424. [read post]
22 Nov 2015, 9:33 am
It was recognised this was contrary to the House of Lords' view in OBG v Allan [2007] UKHL 21 [better known as Douglas and others v Hello!] [read post]
28 Mar 2018, 4:07 pm
Indeed, not dissimilar to Lord Mance’s emphasis on the Claimant’s family life in the Supreme Court case of PJS v News Group Newspapers Ltd in the context of privacy claims, the judgment in AXB v BXA serves to illustrate that the Court will continue to place great emphasis when the Claimant’s family members, in particular spouses and young children, are also plainly adversely affected by both the Defendant’s course of conduct and the publicity that… [read post]
2 Jan 2012, 3:20 am
To quote Lord Wright in Fibrosa Spolka Akcyjna v. [read post]
11 Nov 2020, 4:00 am
In Parliament on September 1, 2020, the Lord Chancellor and Secretary of State for Justice, Robert Buckland, stated that the purpose of the Commission would be to “examine the effectiveness of judicial review as a mechanism for balancing the rights of the citizen and effective governance. [read post]
29 Mar 2015, 4:02 pm
The sentence was quashed this week after the Lord Chief Justice found that the trial judge had misdirected the jury on a key aspect of the offence. [read post]
23 Apr 2021, 1:49 am
This involves a different state of mind to recklessness. [read post]
13 Feb 2012, 1:30 am
The Financial Times has reproduced New International CEO Tom Mockridge’s memo to staff here (subscription required), which states “We must take care not to prejudge the outcome of the police interviews. [read post]
10 May 2010, 5:06 pm
See the analysis by Lord Justice Buxton in McKennit v Ash [2008] QB 73. [read post]
Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy
19 Apr 2012, 4:44 am
… The House of Lords was not concerned specifically with tortious liability for conspiracy, but the views which were expressed by the House of Lords on the mental requirements of the tort of causing loss by unlawful means are applicable to the tort of conspiracy: Meretz Investments NV v ACP [2007] EWCA Civ 1303, [2008] Ch 244 at [146] (Arden LJ). [read post]
9 Oct 2024, 4:48 am
’ Lord Clarke SCJ proceeded to quote a passage from the Society of Lloyd’s v Robinson [1999], where the following was stated: ‘Loyalty to the text of a commercial contract, instrument, or document read in its contextual setting is the paramount principle of interpretation. [read post]
21 Dec 2010, 11:45 am
(Eugene Volokh) In Pucci v. [read post]
21 Jun 2010, 2:00 am
The judgment was not unanimous, however, with the Master of the Rolls, Lord Neuberger, dissenting. [read post]
