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13 Aug 2013, 2:51 am
However, Lord Toulson said that to read into paragraph (d) an additional requirement that the food was in a highly perishable state at the time of the alleged offence would seriously weaken the regulatory scheme and the protection provided to consumers. [read post]
7 Aug 2013, 4:10 am
They argued that this was the necessary implication of the finding of the Supreme Court in the case of Munir v Secretary of State [2012] 1 WLR 2192 and Alvi (which were heard together) that the power of the Secretary of State to make or vary the Immigration Rules was wholly statutory and not an exercise of prerogative power: [27]. [read post]
6 Aug 2013, 1:45 am
This test was considered in the House of Lords in British Coal Corporation v Smith and others [1996] ICR 515. [read post]
5 Aug 2013, 3:43 am
In Vestergaard Frandsen and others v. [read post]
30 Jul 2013, 2:53 pm
One such case is Generics [UK] Ltd (t/a Mylan) v Yeda Research And Development Co Ltd and Teva Pharmaceutical Industries Ltd [2013] EWCA Civ 925, decided yesterday by a three-man Court of Appeal for England and Wales which consisted of two specialist IP judges -- Lords Justices Kitchin and Floyd -- together with Lord Justice Moses. [read post]
30 Jul 2013, 10:53 am
The question here, though, was whether the bedroom tax policy is “manifestly without reasonable foundation” because the bedroom tax involved a question of high policy – the Secretary of State relied on Humphreys v HMRC [2012] 1 WLR 1545, which, in turn, had applied Stec v UK (2006) 43 EHRR 1017 to argue for a different test depending on the ground of discrimination and the type of policy. [read post]
30 Jul 2013, 10:53 am
The question here, though, was whether the bedroom tax policy is “manifestly without reasonable foundation” because the bedroom tax involved a question of high policy – the Secretary of State relied on Humphreys v HMRC [2012] 1 WLR 1545, which, in turn, had applied Stec v UK (2006) 43 EHRR 1017 to argue for a different test depending on the ground of discrimination and the type of policy. [read post]
30 Jul 2013, 10:53 am
The question here, though, was whether the bedroom tax policy is “manifestly without reasonable foundation” because the bedroom tax involved a question of high policy – the Secretary of State relied on Humphreys v HMRC [2012] 1 WLR 1545, which, in turn, had applied Stec v UK (2006) 43 EHRR 1017 to argue for a different test depending on the ground of discrimination and the type of policy. [read post]
29 Jul 2013, 10:00 am
Clarke's one signed slavery law opinion, State v. [read post]
26 Jul 2013, 2:45 am
is not a helpful way of stating the real issue, which is not one of ownership of property claimed against the world. [read post]
22 Jul 2013, 9:55 am
In People v. [read post]
7 Jul 2013, 12:01 pm
Noting that this was found to be compatible with Art 8 in Hounslow London Borough Council v Powell [2011] UKSC 8, Sir Alan Ward also notes that in Yordanova v Bulgaria (Application No. 25446/06, dated 24th April 2012) [our note] the ECtHR said: “However, Article 8 does not impose on Contracting States an obligation to tolerate unlawful land occupation indefinitely…”.Therefore:I conclude that the court must approach the claim made by a private landowner… [read post]
7 Jul 2013, 12:01 pm
Noting that this was found to be compatible with Art 8 in Hounslow London Borough Council v Powell [2011] UKSC 8, Sir Alan Ward also notes that in Yordanova v Bulgaria (Application No. 25446/06, dated 24th April 2012) [our note] the ECtHR said: “However, Article 8 does not impose on Contracting States an obligation to tolerate unlawful land occupation indefinitely…”.Therefore:I conclude that the court must approach the claim made by a private landowner… [read post]
30 Jun 2013, 3:12 am
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act, do proclaim that: (1) The designation of Bangladesh as a beneficiary developing country under the GSP is suspended on the date that is 60 days after the date this proclamation is published in the Federal Register [read post]
21 Jun 2013, 10:22 am
Last month a three-judge panel consisting of Lords Neuberger, Reed and Carnwath refused leave to appeal, stating: "Permission to appeal be refused because the application does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal". [read post]
21 Jun 2013, 3:54 am
HXZH34FFD2CVLORD MANCE (with whom Lord Hope, Lord Walker, Lord Clarke and Lord Sumption agree)Introduction1- By its judgment in this appeal dated 24 March 2010 the Supreme Court referred to the Court of Justice five questions regarding the nature and assessment of the concept of "paid annual leave" in articles 7 of Council Directives 93/104/EC and 2003/88/EC and clause 3 of the European Agreement annexed to and intended to be implemented under Council… [read post]
21 Jun 2013, 3:54 am
LORD MANCE (with whom Lord Hope, Lord Walker, Lord Clarke and Lord Sumption agree)Introduction 1- By its judgment in this appeal dated 24 March 2010 the Supreme Court referred to the Court of Justice five questions regarding the nature and assessment of the concept of "paid annual leave" in articles 7 of Council Directives 93/104/EC and 2003/88/EC and clause 3 of the European Agreement annexed to and intended to be implemented under Council Directive… [read post]
21 Jun 2013, 3:54 am
HXZH34FFD2CVLORD MANCE (with whom Lord Hope, Lord Walker, Lord Clarke and Lord Sumption agree)Introduction1- By its judgment in this appeal dated 24 March 2010 the Supreme Court referred to the Court of Justice five questions regarding the nature and assessment of the concept of "paid annual leave" in articles 7 of Council Directives 93/104/EC and 2003/88/EC and clause 3 of the European Agreement annexed to and intended to be implemented under Council… [read post]
19 Jun 2013, 4:37 am
In Amerisure Insurance Co. v. [read post]
16 Jun 2013, 9:42 pm
More pithily, Lord Hoffmann noted in Merrell Dow [1996] RPR 76 noted that “An invention is a piece of information. [read post]
