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10 Apr 2010, 8:47 am
The claimant is represented on a CFA and the Press Gazette reports criticism of this by Janet Smith LJ during the course of the recent appeal Finally, we should mention the publication this week of The Silent State by campaigning journalist Heather Brooke. [read post]
9 Apr 2010, 7:31 pm
Buxton LJ gave a concurring judgment and Tuckey LJ agreed with both. [read post]
8 Apr 2010, 6:00 am
LJ – “Narrow ruling stymies FCC authority to pursue policy, but new regulation may emerge” [read post]
7 Apr 2010, 9:38 pm
Professor Dominic Regan, a leading authority on civil procedure and costs, will chair the free 30-minute newscast, which will be broadcast at 1pm on Friday 9 April at www.newlawjournal.co.ukPanel participants:• Andrew Twambley, Senior Partner, Amelans• Simon Butler, Barrister, Ely Place ChambersThe panel will offer expert analysis and debate on how and when Jackson LJ’s recommendations are likely to be implemented and the impact they are will have on costs,… [read post]
7 Apr 2010, 9:38 pm
Professor Dominic Regan, a leading authority on civil procedure and costs, will chair the free 30-minute newscast, which will be broadcast at 1pm on Friday 9 April at www.newlawjournal.co.uk Panel participants: • Andrew Twambley, Senior Partner, Amelans • Simon Butler, Barrister, Ely Place Chambers The panel will offer expert analysis and debate on how and when Jackson LJ’s recommendations are likely to be implemented and the impact… [read post]
5 Apr 2010, 7:41 am
Waller LJ gives the judgment of the CA, but Patten LJ gives a supporting judgment which specifically considers the position in Manchester CC v Mushin. [read post]
5 Apr 2010, 7:41 am
Waller LJ gives the judgment of the CA, but Patten LJ gives a supporting judgment which specifically considers the position in Manchester CC v Mushin. [read post]
4 Apr 2010, 5:14 am
Sedley LJ adjourned the application for permission in the case of Thornton v Telegraph Group ([2009] EWHC 2863 (QB)), suggesting that a strike out application might be appropriate. [read post]
1 Apr 2010, 1:00 am
Further to my previous post Lord Justice Wall is indeed to be appointed as President of the Family Division, taking over from Mark Potter on a date yet to be confirmed. [read post]
29 Mar 2010, 11:37 am
R (on the application of LG) (Appellant) v Independent Appeal Panel for Tom Hood School (Respondent) & Secretary of State for the Department for Children, Schools and Families (Interested Party) [2010] EWCA Civ 142 (Read judgment here) CA (Civ Div) (Rix LJ, Wilson LJ, Sir Scott Baker) February 26 2010 An exclusion hearing by a school does not engage the pupil’s Article 6 of the Convention since there is no “civil right” to education recognized as such… [read post]
29 Mar 2010, 5:56 am
Following Carnwarth LJ in Hall v Wandsworth LBC, Carter v Wandsworth LBC [2004] EWCA Civ 1740 at 29 and 30: Where the reviewer rejects the factual basis of the original decision and proposes to substitute a different factual basis leading to the same conclusion, it seems to me that the review has identified a “deficiency” within the meaning of regulation 8(2). [read post]
28 Mar 2010, 9:08 pm
The rumour mill continues unabated as to whether Lord Justice Jackson's legal costs review will ever see the light of day.I attended a conference the other week where one of the other speakers informed the audience that Jackson LJ was to take no further part in implementation of his report and would be undertaking no further interviews on the subject. [read post]
28 Mar 2010, 6:52 am
Hughes LJ said Collinson was just within the legal alcohol limit at the time of the crash and there was no evidence that Stanton had drunk too much. [read post]
26 Mar 2010, 8:20 am
Interpretation of a jurisdiction clause is a matter of national law (Benincasa, Knorr-Bremse (supra), and in Fiona Trust, Longmore LJ in the Court of Appeal, applauded by Lord Hoffmann in the House of Lords, stated that ‘the words “arising out of” should cover “every dispute except a dispute as to whether there was ever a contract at all”’. [read post]
24 Mar 2010, 10:29 pm
Equally, it will be too late for the court to make robust case management decisions to control disproportionate costs.At exactly the same time Jackson LJ is proposing that judges take a more robust approach to case managing claims to control costs, the rules go in the opposite direction. [read post]
24 Mar 2010, 7:34 am
Patten LJ has an enormous amount of ground clearing to do on estoppel by acquiescence and does it with some aplomb. [read post]
24 Mar 2010, 7:34 am
Patten LJ has an enormous amount of ground clearing to do on estoppel by acquiescence and does it with some aplomb. [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]
23 Mar 2010, 3:35 am
It is difficult to think of any reason for Mr Straw's request that the appointment panel reconsider other than Wall LJ's willingness to speak frankly about the state of the family justice system. [read post]
20 Mar 2010, 6:36 am
Trackparts of India Limited and others, (2000) 2 Com LJ 275 (CLB), was pleased to observe that “section 399 of the Companies Act, 1956, vests with the shareholders the right to move the Company Law Board in case of oppression under section 397 and in case of mismanagement under section 398. [read post]
