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25 Aug 2021, 1:12 pm
As LJ Lewison has explained in Birmingham CC v Stephenson (2016) HLR 44 (our note), a possession claim hearing may be adjourned for a wide range of reasons, not limited to those in CPR 55.8 (lack of court time, sudden illness of a party, breakdown of video/audio arrangements, etc, etc) and on any such adjournment case management directions may or may not be given. [read post]
26 Aug 2022, 10:43 am
There are three clauses of the Bill of Rights Bill [pdf] which, if enacted in their current form, would have a direct impact on freedom of expression cases. [read post]
22 Oct 2017, 4:18 pm
Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of ‘significantly’ in Lord Neuberger’s definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC (2015) UKSC 30, [2016] AC 811 (our report). [read post]
27 Feb 2024, 12:50 am
In light of the decisions of the House of Lords in The Evia (No 2) as explained by Longmore LJ in the Court of Appeal decision in The Ocean Victory, the charterparty provisions operated as a complete code by which the shipowners and the voyage charterers had agreed that the shipowners would look only to the insurance cover; this principle applied not just to cases of breach of charterparty but also to contributions in General Average. [read post]
30 Mar 2015, 1:07 am
The Court of Appeal, by a majority, upheld the County Council’s appeal against this decision ([2014] EWCA Civ 276; [2014] QB 186 at pages 241 to 271; the dissenting judgment of Lewison LJ is at pages 271 to 281). [read post]
1 Oct 2010, 7:17 am
Buxton LJ, with whom Latham and Longmore LJJ agreed, stated that:- “The width of the rights given to the media by A v. [read post]
6 Mar 2023, 1:41 am
Warby LJ, with whom Sharp P and Singh LJ agreed, held that Steyn J had been correct in principle to reconsider the issue of serious harm in relation to the period after Ms Cadwalladr’s public interest defence fell away. [read post]
26 Mar 2012, 6:52 am
Media law news this week was dominated by the Tulisa privacy injunction and the long-awaited judgment in Flood v Times Newspapers. [read post]
26 May 2012, 4:13 pm
La decisión sobre la procedencia de las medidas cautelares debe adoptarse ponderando las circunstancias del caso, según la justificación ofrecida en el momento de solicitar la medida cautelar, en relación con los distintos criterios que deben ser tomados en consideración según la LJ y teniendo en cuenta la finalidad de la medida cautelar y su fundamento constitucional. [read post]
24 Mar 2010, 4:32 am
I have earlier written articles on the application of law of Arbitration to the Company disputes and especially the impact of the Arbitration Agreement on the jurisdiction of the Company Law Board and the Company Court. [read post]
17 Jul 2010, 2:11 am
Reynolds and Jameel – the existing law Before examining the proposals in Lord Lester’s Defamation Bill it is perhaps worth summarising shortly the existing state of the Reynolds common law defence. [read post]
4 Sep 2022, 4:15 pm
On 11 August 2022, the Court of Appeal (Arnold LJ, Dingemans LJ and Warby LJ) gave judgment in Riley v Murray [2022] EWCA Civ 1146. [read post]
13 May 2012, 5:09 pm
Full Fact, The Media Standards Trust, Index on Censorship and English PEN made the application on Tuesday, urging Leveson LJ to publish the names of any senior civil servants who will be able to see this material, to make sure the process remains transparent. [read post]
21 Jan 2022, 3:15 am
Last week HHJ Dancey published a second judgment in a case involving allegations of rape and domestic abuse including coercive and controlling behaviour (the judgment is A Child (Application of PD12J : No.2 – Findings of Fact) [2022] EWFC 2). [read post]
21 Apr 2019, 2:51 pm
In line with Mann LJ’s decision in Abdi, I find that Rent Connect can obtain possession when it requires. [read post]
10 Oct 2021, 8:40 am
For, as Griffiths LJ said, in Lion Laboratories v Evans [1985] QB 526, it would be necessary to demonstrate that the iniquity is such as to make it vital the confidential information is published directly to the public. [read post]
16 Oct 2011, 3:48 pm
In the sole Judgment of Patten LJ, the Court of Appeal upheld Ms J and Ms L's appeal. [read post]
13 May 2012, 5:55 am
On 1 February 2012 the Court (Lord Judge, Lord Neuberger and Maurice Kay LJ) unanimously upheld the ruling of Mann J that, as a result of the operation of section 72 of the Senior Courts Act 1981, Mr Mulcaire was not entitled to rely on PSI ([2012] EWCA Civ 48). [read post]
26 Sep 2017, 4:00 am
Farrow et al, “Addressing the Needs of Self-Represented Litigants in the Canadian Justice System – A White Paper Prepared for the Association of Canadian Court Administrators” (27 March 2012) at 31, online: <http://www.cfcj-fcjc.org/sites/default/files/docs/2013/Addressing%20the%20Needs%20of%20SRLs%20ACCA%20White%20Paper%20March%202012%20Final%20Revised%20Version.pdf>. [8] See: Jennifer Bond, David Wiseman and Emily Bates, “The Cost of Uncertainty: Navigating the… [read post]
2 Jun 2015, 10:45 am
Removal of Arbitrators : Case Note G.M.Beresford Hartwell The following two cases, at about the same time, may be useful in considering why the DAC decided to adopt the word “impartial” for the Arbitration Act 1996, in preference to the word “independent”. [read post]
