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20 Oct 2016, 4:31 pm by INFORRM
  Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms ([2000] 2 AC 115) that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the… [read post]
16 Dec 2015, 2:40 am by Matrix Legal Information Team
However, they rejected the appellant’s submission that this conclusion follows from the wording of POCA 2002, because of the principle enunciated in R v Waya [2012] UKSC 51 that property obtained as a result of or in connection with crime remains the defendant’s benefit whether or not he retains it. [read post]
The tax calculation made by HMRC is therefore final, and, in the words of Lord Hodge “disputes about matters which are not relevant to a taxpayer’s liability in a particular year should not postpone the finality of that year’s assessment”. [read post]
Further, he echoed the words of Wilson J in R (Hasan) v Secretary of State for the Home Department [2005] EWHC 189 (Admin), and explained that refugees and persecuted communities will often be in the minority. [read post]
18 Nov 2010, 1:59 am by INFORRM
Wording of that kind would not prevent references to appearances or activities in public or social circumstances. [read post]
14 Nov 2018, 3:25 am
In other words, a patent may be found invalid on the grounds that the invention is insufficiently disclosed. [read post]
13 Jun 2011, 10:12 am
Late last month the Court of Appeal for England and Wales (Lord Justice Mummery, Lady Justice Black and Sir John Chadwick) agreed that the appeal should be dismissed. [read post]
In other words, the LLC itself has no liability to tax, but rather the members of an LLC bear a liability to pay tax on their share of profit generated by the LLC. [read post]
13 May 2008, 1:19 pm
A word copy of the judgment is downloadable here case-of-mc-cann-v2-the-united-kingdom. [read post]
17 Feb 2015, 5:41 am by INFORRM
The 2004 decision of the House of Lords in Campbell v Mirror Group Newspapers ([2004] 2 AC 457) was a significant case regarding privacy, and for human rights law and tort law more generally. [read post]
7 Oct 2013, 5:15 am by Anita Davies
The Decision of the Supreme Court The date on which the suspects were charged The word ‘charge’ is referenced twice within art 6. [read post]
24 Nov 2023, 7:38 am by CMS
In this post, Pippa Borton, Associate at CMS, previews the decision awaited from the Supreme Court in Kireeva v Bedzhamov. [read post]
3 Aug 2008, 11:18 am
R (on the application of M) (FC) (Respondent) v Slough Borough Council  [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay for accommodation. [read post]
31 Jan 2022, 9:59 am by CMS
” As noted by Lord Leggatt, English courts have traditionally applied the “same interest” test rigorously, particularly in light of the Court of Appeal’s key ruling in Markt & Co v Knight Steamship [1910] 2 KB 1021. [read post]
20 Aug 2018, 6:57 am by Sally-Ann Underhill
As a matter of precedent, however, the court found that it was bound by the decision of the House of Lords in Hain Steamship v. [read post]
2 Jun 2015, 4:24 pm by INFORRM
The Supreme Court referred also to the dicta of Lord Nicholls in Attorney General v Punch Ltd [2002] UKHL 50 at paragraph 35, which are well worth keeping in mind: “An interlocutory injunction, like any other injunction, must be expressed in terms which are clear and certain. [read post]