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22 May 2010, 6:12 am
Stanley Burnton LJ adds It is clear that the price stated in a notice served under section 125 is not set in stone. [read post]
22 May 2010, 6:12 am
Stanley Burnton LJ adds It is clear that the price stated in a notice served under section 125 is not set in stone. [read post]
17 May 2010, 5:25 am
It was in the course of that judgment last year that Thorpe LJ remarked that the family justice system was 'stretched to breaking point'. [read post]
15 May 2010, 12:39 am
The German Case, 1945-50," Devin Pendas, Burkhardt Fellow, at 12:00 in LJ-119, Thomas Jefferson Building.While everyone [read post]
12 May 2010, 10:16 pm
The whole question therefore turned on whether the sponsor is currently a refugee; in the Court of Appeal ruling on this case, Laws LJ did not consider that this sponsor was, since his refugee status had expired automatically on being granted British citizenship. [read post]
9 May 2010, 9:50 pm
Responding to that statement, Laws LJ made a number of (now well publicised) observations, which, though vigorously stated, are hardly controversial, upholding the need for a principled approach in the application of law. [read post]
5 May 2010, 3:51 pm
As alluded to almost a year ago, the April 2010 issue of the Yale Law Journal (website) now has links to two very interesting review essays of Privilege or Punish: Criminal Justice and the Challenge of Family Ties, my book with Jennifer M. [read post]
4 May 2010, 7:00 am
Munby LJ had set out the frequency and nature of any review at the previous hearing and at paragraph 10 of this judgment the LJ again highlighted the importance of regular reviews in such circumstances, “ … the regime which I have approved for BJ involves a deprivation of his liberty within the meaning of Article 5. [read post]
1 May 2010, 7:52 am
” Judge Christiaan Timmermans, European Court of Justice In the Courts We have previously mentioned the application for permission to appeal in the fair comment case of Thornton v Telegraph Media Group [2009] EWHC 2863 (QB) – which was adjourned by Sedley LJ to allow the defendant to make an application to strike out. [read post]
29 Apr 2010, 8:44 pm
Christian Schulze, ‘The 2005 Hague Convention on Choice of Court Agreements’, (2007) 19 SA Merc LJ 140-150 The article discusses the 2005 Hague Convention’s rules on jurisdiction... [read post]
28 Apr 2010, 10:00 pm
Carnwath LJ observed that the claimants are by definition people who have been accepted as having sufficient mental capacity to bear criminal responsibility for their acts, and have been sentenced accordingly, adding that their time spent in hospital is treated as time spent towards their sentence. [read post]
24 Apr 2010, 11:03 am
This case however relies on the statement of the law on the point in the judgment of Arden LJ in John Astall v. [read post]
23 Apr 2010, 5:15 am
Lord Phillips quoted with approval the following passage from Laws LJ in Thoburn v Sunderland City Council: “We should recognise a hierarchy of Acts of Parliament: as it were ‘ordinary’ statutes and ‘constitutional’ statutes. [read post]
21 Apr 2010, 3:11 am
MAK and RK v United Kingdom (Application Nos 45901/05 and 40146/06) European Court of Human Rights March 23, 2010 - Read judgment The taking of blood samples and photographs of a child by the medical authorities in the absence of the parents violated the child’s and parents’ rights to respect for their private and family life under Article 8 of the European Convention, and the inability of the parents to take an action for damages at common law against the hospital breached their… [read post]
20 Apr 2010, 4:00 am
Wall LJ’s well-publicised position on this matter is not only welcome but well-nigh overdue, reminding us of the continuing tension between the executive and the judiciary that recently sparked in the attempt by the government to block Wall LJ’s appointment as president of the Family Division. [read post]
15 Apr 2010, 10:43 am
(see, generally, Johnson, Race and the Decision to Detain a Suspect, 93 Yale LJ 214). [read post]
13 Apr 2010, 10:39 am
Sadly, of course, the case will never be heard; but I should record congrats to Adrian Marshall-Williams for convincing Rimer LJ of the two grounds when it didn't seem as if, on reading the papers, he was that convinced at all. [read post]
13 Apr 2010, 10:39 am
Sadly, of course, the case will never be heard; but I should record congrats to Adrian Marshall-Williams for convincing Rimer LJ of the two grounds when it didn't seem as if, on reading the papers, he was that convinced at all. [read post]
12 Apr 2010, 9:34 am
In support of his contention that the LVT could entertain such a challenge within its jurisdiction Mr Bates relied on Jonathan Parker LJ in Ruddy v Oakfern Properties [2006] EWCA Civ 1389: In my judgment there is no justification for implying any restriction in the entirely general words of section 27A of the [Landlord and Tenant Act 1985]. [read post]
12 Apr 2010, 9:34 am
In support of his contention that the LVT could entertain such a challenge within its jurisdiction Mr Bates relied on Jonathan Parker LJ in Ruddy v Oakfern Properties [2006] EWCA Civ 1389: In my judgment there is no justification for implying any restriction in the entirely general words of section 27A of the [Landlord and Tenant Act 1985]. [read post]
