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20 Mar 2012, 7:05 am
Corby BC v Scott & West Kent Housing Association v Haycraft [2012] EWCA Civ 276 are the first cases that have required the Court of Appeal to consider and apply the guidance given in Powell v Hounslow LBC [2011] UKSC 8 & Pinnock v Manchester CC [2010] UKSC 45 (our notes here & here). [read post]
29 Oct 2018, 2:00 am
The proposed panel for hand down is Lord Reed, Lord Wilson and Lady Black. [read post]
3 Jan 2016, 1:56 pm
On an A1 P1 defence: In Manchester City Council v Pinnock [2010] UKSC 45 the House of Lords held that a local authority’s right to possession could be taken as read without any need to plead particular facts; I think that the same applies to mortgage companies. [read post]
1 Jul 2023, 11:27 pm
Mark Hill & Simon Lee, UK Constitutional Law Association: State, Churches and Chancel Repairs – Twenty Years On: on the twentieth anniversary of the House of Lords decision in PCC of Aston Cantlow v Wallbank [2003] UKHL 37. [read post]
16 Mar 2019, 4:32 am
The rule of law objection to vagueness was spelt out by the House of Lords in R v Rimmington, citing the US case of Grayned:"Vagueness offends several important values … A vague law impermissibly delegates basic policy matters to policemen, judges and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. [read post]
1 Mar 2022, 5:03 pm
Tuitt—Nonhuman Rights Project v. [read post]
25 Apr 2016, 5:00 am
It is now clear that the subjects in charge of collecting the fair compensation for private copying (e.g. collective management organisations) can bring proceedings before the courts of the Member State where the harm arising from missed payments is felt. [read post]
23 Nov 2014, 2:01 pm
Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. [read post]
11 Apr 2016, 1:00 am
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8-9 March 2016. [read post]
21 May 2015, 7:33 am
Supreme Court Decision By a 4-1 majority (Lord Toulson dissenting), the Supreme Court dismissed the appeal. [read post]
12 Jan 2012, 11:37 am
State Comp. [read post]
31 Jul 2016, 12:54 pm
He replied that it would be permissible to state that the person had taken a car without the permission of the owner. [read post]
13 Dec 2013, 8:41 am
Further, in NDMC v. [read post]
8 Feb 2011, 12:00 am
Austin v- Metropolitan Police Commissioner was brought by a demonstrator who attended anti-capitalist protests in London in 2001. [read post]
24 Jul 2012, 5:17 pm
He based this finding on the words of Lord Osborne in H M Advocate v William Frederick Ian Beggs (No2) (2002 S.L.T. 139). [read post]
23 Jul 2011, 1:42 pm
The Moore Opinion also states that the true and fair view is of an overarching nature. [read post]
6 Feb 2015, 3:38 am
In reaching this view, Mr Justice Knowles referred to Hansard – admissible in these proceedings given the ambiguity of the primary legislation – which recorded that during a debate in the House of Lords on 24 October 2000, Lord Falconer of Thoroton stated that the words “or dignity” were proposed to be added to paragraph 3(b) by amendment to ensure “that the exemption applies to the granting of peerages”. [read post]
7 Aug 2011, 11:58 am
It is not for a UK court to go further into that conclusion, said Lord Mance, which may yet be challenged in further United States litigation. [read post]
22 Oct 2018, 4:18 pm
In Caparo v Dickman Lord Bridge cautioned against discussing duties of care in abstract terms divorced from factual context: “It is never sufficient to ask simply whether A owes B a duty of care. [read post]
29 Mar 2011, 1:51 am
In the courts: Lumba (WL) v Secretary of State for the Home Department [2011] UKSC 12 (23 March 2011): Secret foreign nationals detention policy which contradicted published policy was “serious abuse of power”. [read post]
