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29 Mar 2011, 3:24 am
At paragraphs 14 to 18 Jacob LJ killed any suggestion that there was such an infringement on the facts before the court: "14. [read post]
20 Mar 2011, 4:04 am
Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. [read post]
1 Sep 2022, 4:00 am
In the movie Marriage Story, Nicole (Scarlett Johansson) and Charlie (Adam Driver) are divorcing. [read post]
9 Jun 2019, 4:26 pm
IPSO has published a number of rulings and resolution statements since our last Round Up: 00170-19 Salih v The Daily Telegraph, 1 Accuracy (2018), 12 Discrimination (2018), No breach – after investigation 07959-18 UWE Bristol v Bristol Post, 1 Accuracy (2018), 10 Clandestine devices and subterfuge (2018), Breach – sanction: action as offered by publication 02852-19 Cook v Stamford Mercury, 1 Accuracy (2018), 2 Privacy (2018), No breach – after investigation 00457-18 Tabor-Thickett… [read post]
25 Nov 2018, 4:29 pm
The LSE Truth, Trust and Technology Commission has released its report “Tackling the Information Crisis [pdf]”. [read post]
30 Oct 2011, 5:04 am
On 19 October 2011, the Supreme Court (Lord Hope, Lord Walker, Lord Mance, Lord Clarke and Lord Wilson) released its decision in the joined cases of R (Davies & Anor) v The Commissioners for Her Majesty’s Revenue & Customs and R (Gaines-Cooper) v The Commissioners for Her Majesty’s Revenue & Customs [2011] UKSC 47. [read post]
8 Feb 2023, 7:36 am
On the same day, judgment was handed down by Warby LJ in the appeal Riley v Sivier [2023] EWCA Civ 71. [read post]
24 May 2024, 7:17 am
In cases involving children, the familiar Article 8/10 judicial “balancing exercise” is conducted with regard to an additional legal principle – that “[w]here the best interests of the child clearly favour a certain course, that course should be followed, unless countervailing reasons of considerable force displace them” (K v News Group Newspapers [2011] 1 WLR 1827, per Ward LJ, [19]). [read post]
20 Oct 2010, 11:24 pm
In Wright v Wright [1970] 1WLR Oliver LJ recognized that the court must, I think, start from the position that a solemn and freely negotiated bargain by which a party defines her own requirements ought to be adhered to unless some clear and compelling reason, such as, for instance, a drastic change of circumstances, is shown to the contrary. [read post]
21 Feb 2011, 2:08 pm
• The approach of the English judiciary to corporate corruption In Innospec, Thomas LJ indicated criminal sanctions would be the most appropriate penalty in cases of serious corruption: “It will rarely be appropriate for crimina [read post]
15 Jun 2006, 4:45 am
Government of Kuwait and Others (England and Wales, Court of Appeal, 1996), ILR 107, pp. 536, 545, 547 (per Ward LJ); these authorities were, however, unanimous in holding that the relevant domestic statutes prevented them from giving effect to this state of international law).Lord Hoffmann rejected this submission, stating that ‘the question is whether such a norm conflicts with a rule which accords state immunity’ (para. 43) and going on to find (at para. 44) that ‘[t]he… [read post]
25 Oct 2010, 2:53 pm
With respect to Rix LJ, we would not ourselves favour a reference in this context to contumacy, if only because the word is perhaps slightly arcane; nor, with respect to the writer of the commentary on Rule 71.8 in Civil Procedure, Vol I 2010, would we favour a reference to contumely, which speaks more of insolence than of obstinacy. [read post]
24 Jan 2013, 4:45 pm
Even since McCann v. [read post]
2 Aug 2014, 11:22 am
When addressing this discretion, the court should consider Smith LJ’s four tests from the case of Shelfer v City of London Electric Lighting Co [1895], being that damages should be awarded: where the injury to the claimant’s legal rights is small; where the injury to the claimant is capable of being estimated in money; where the injury to the claimant can be adequately compensated by a small money payment; and where the case is one in which it would be oppressive to the… [read post]
12 Oct 2011, 10:00 pm
Since there is such scant evidence, both on the extent to which forced marriages may be deterred and the oppressive effect the rule may have on genuine matches, the whole issue is a matter of judgment, which, unless demonstrably wrong, should be rather for government than for the courts: Still more obviously, the comparison between the enormity of suffering within forced marriages on the one hand and the disruption to innocent couples within the 18-21 age group whose desire to live together in this… [read post]
11 Aug 2023, 8:40 am
Following the decision of Arden LJ in Giles v Rhind, the Court of Appeal determined that ‘breach of duty’ is applicable to any legal wrongdoing. [read post]
30 Apr 2021, 7:52 am
He emphasised the words of Fletcher Moulton LJ in the Markt case where he said “To my mind, no representative action can lie where the sole relief sought is damages, because they have to be proved separately in the case of each plaintiff, and therefore the possibility of representation ceases. [read post]
9 Dec 2018, 4:12 pm
On 4 December 2018 the Fourth Section of the European Court of Human Rights gave judgment in the ruled on the important case of Magyar Jeti Zrt v. [read post]
26 Sep 2013, 4:00 am
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
22 Mar 2021, 5:37 pm
Issue: the standard of proof in s.9 applications In Wright v Ver [2020] 1 WLR 3913, Dingemans LJ held (obiter) that the standard of proof in s.9 applications is the ‘balance of probabilities’. [read post]
