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17 Dec 2013, 2:52 pm
Of course, trivia aside, behind this is a serious judgment about a serious and heartwrenching case, as the judgment in question is that of the President of the Family Division, Munby LJ, in connection with the Reporting Restrictions Orders in the case regarding the child of Allessandra Pacchieri. [read post]
7 Jul 2011, 6:38 am
Also, positive obligations are by their very nature and structure adaptable to the facts of each individual case, in that they never do more than oblige a contracting state to do whatever it can to discharge the obligation (see my earlier thoughts on this here, regarding the 'panoply' test devised by Laws LJ). [read post]
11 Apr 2011, 10:00 pm
This case laid out a set of principles which effectively render unlawful any decision based on a discrete element of the Immigration Rules which is placed beyond Parliament’s scrutiny and left to the “unfettered judgment of the rule-maker…criteria affecting individuals’ status and entitlements which…have not themselves been tendered for parliamentary scrutiny ( see Sedley LJ at para 33 of R v Secretary of State for Social Services ex p Camden… [read post]
13 Sep 2012, 6:54 am
In the meantime, he has noted the comments of Etherton LJ, for the Court, at [114] to [118] of the Court in Starbucks: "114. [read post]
16 Oct 2011, 5:14 am
As Moses LJ put it: “Editors know how to attract the attention and interest of their readers and the courts must defer to their judgement of how best to achieve that result … But non sequitur that it can be left to them to judge whether publication of the impugned details is of public interest. [read post]
26 Mar 2017, 12:56 pm
Of greatest guidance to local authority landlords in Article 8 cases is the series of seven principles laid down by Etherton LJ, as he then was, in Thurrock Borough Council v West (2012) EWCA Civ 1435. 12. [read post]
7 Jun 2022, 11:45 am
In Chandler v Cape plc [2012] EWCA Civ 525, [69], Arden LJ ‘……emphatically reject[ed] any suggestion that this court [was] in any way concerned with what is usually referred to as piercing the corporate veil. [read post]
28 May 2011, 5:39 am
In ETK v News Group Newspapers ([2011] EWCA Civ 439), Ward LJ acknowledged the desirability of the press being able to embarrass the famous: “To restrict publication simply to save the blushes of the famous, fame invariably being ephemeral, could have the wholly undesirable chilling effect on the necessary ability of publishers to sell their newspapers. [read post]
11 Nov 2014, 3:55 am
[1] AIB Group (UK) Plc v Mark Redler & Co Solicitors [2012] EWHC 35 (Ch), per HHJ Cooke at paragraph 24 [2] Target Holdings Ltd v Redferns [1996] AC 412 [3] AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45, per LJ Patten at paragraph 47 [4] AIB Group (UK) plc v Mark Redler & Co Solicitors [2014] UKSC 58, per Lord Toulson at paragraph 64 [5] ibid., per Lord Reed at paragraph 137 [6] Canson Enterprises Ltd v Boughton and Co (1 [read post]
24 Feb 2021, 12:38 am
At first instance, the Administrative Court (Gross LJ and Ouseley J) rejected KBR, Inc’s challenge. [read post]
18 Jul 2010, 4:35 am
Permission to appeal has been refused on the papers in the case of Kaschke v Osler by Laws LJ but there is to be an oral renewal. [read post]
22 May 2011, 5:49 am
The major problem about the denial in English law of a claim in defamation to public bodies in the absence of proof of actual financial loss is that the purpose of it is unclear. [read post]
16 Jul 2010, 7:37 am
In sum, the majority in the court agreed with Sedley LJ’s observation in the Court of Appeal, that it was not possible to spell out of this unhappy interlude, with its undoubtedly adverse consequences for both A and his parents, either a failure of the education system or a denial of access to it. [read post]
6 Apr 2014, 3:44 pm
In your seventh “View” you compared with regret Re D (Intractable Contact Dispute: Publicity) [2004] EWHC 727 (Fam), [2004] 1 FLR 1226, with what McFarlane LJ said only a few weeks back in Re A (A Child) [2013] EWCA Civ 1104 a decade later – what can you say to parents seeking help from the courts to obtain contact? [read post]
4 Dec 2015, 4:15 pm
With the permission of Laws LJ, ANL (as publishers of the Mail Online) decided to appeal on two main grounds, as against: The finding of liability in the tort of misuse of private information; The grant of an injunction to restrain further publication of the photographs. [read post]
4 Jul 2018, 1:53 pm
It is possible, however, that that is too prescriptive and that what matters is the probability and likely gravity of damage rather than simply its imminence: Hooper v Rogers (1973) 1 Ch 43 at 30; Islington LBC v Elliott at (31), quoting Chadwick LJ in Lloyd v Symonds (1998) EWCA Civ 511, and at (33)-(34), (36); D. [read post]
20 Jan 2011, 10:00 pm
However, it was not necessary, for the Directive to bite, to establish a significant effect on the conservation status of the species at population level and biogeographic level (which is what Ward LJ in the Court of Appeal had suggested). [read post]
2 Jan 2015, 3:05 pm
To quote McFarlane LJ again (para 54): “What is required is a balancing exercise in which each option is evaluated to the degree of detail necessary to analyse and weigh its own internal positives and negatives and each option is then compared, side by side, against the competing option or options. [read post]
16 Oct 2017, 5:21 am
And in view of the EPO management’s impeccable record on “own-trumpet blowing”, as Robin Jacob LJ. once acidly remarked, I think that the Administrative Council would be well advised to have quality checked by an independent authority, or by a comprehensive user consultation, rather than putting too much trust in the judgment of the EPO management. [read post]
8 Apr 2011, 2:59 am
Ericsson: Let the patent games begin (China Hearsay) Europe Key music industry lawyer now EU copyright chief (ArsTechnica) (TorrentFreak) Microsoft tries whacking Google with European antitrust stick (ArsTechnica) (IPKat) France Exploit turns anti-piracy agency site into The Pirate Bay (TorrentFreak) Germany BGH – Art exhibitions in an online archive (IPKat) Greece TV site sued for linking to completely legal videos (TorrentFreak) Israel An Israel trademark decision as mad as a hatter:… [read post]
