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27 Jun 2021, 4:15 pm
On 22 June 2021 Bean LJ granted Associated Newspapers permission to appeal in the privacy case brought against the Mail On Sunday by the Duchess of Sussex. [read post]
26 Jun 2021, 2:59 am
Birss LJ, sitting in the High Court, declined to accept this interpretation, based on four reasons: the natural meaning of the words, the fact that the specification mentioned a communication mode where the delay is caused by the network instead of the user, the glossary is not intended to be limiting ([74]), and that it sometimes contradicts reality ([76]): a delay unknown to but actually caused by the user is live from the user’s perspective; a delay not caused by the user is still… [read post]
8 Jun 2021, 11:32 am
Arnold LJ recounted the progression of the proceedings to conclude that this point had only ever been advanced by Motors as part of its honest use defence, which had failed. [read post]
23 May 2021, 4:08 pm
Last Week in the Courts In the case of Re Winch (Contra Mundum Injunction) [2021] EWHC 1328 (QB) Warby LJ granted an interim contra mundum injunction to project the identity of an informer. [read post]
22 May 2021, 2:46 pm
Pix Credit Hong Kong court denies bid for jury trial by city’s first national security defendant In a very interesting opinion applying the new Hong Kong National Security Law, the Hong Kong SAR Court of First Instance (the lower court of the High Court of Hong Kong) issued its opinion in Tong Ying Kit v. [read post]
20 May 2021, 2:26 am
It was submitted that Hale LJ and others in Brownlie 1 were incorrect in holding that it was acceptable to have wide jurisdictional gateways since the court’s discretion could be exercised at the forum non conveniens stage. [read post]
18 May 2021, 9:25 am
In a judgment of 6 November 2018 ([2018] EWCA Civ 2770), Underhill LJ, Asplin LJ and Haddon-Cave LJ allowed SSHD’s appeal, for the following reasons: Construction: Giving the leading judgment, Haddon-Cave LJ held (at [52]) that in all “administrative law cases where questions of statutory construction and validity arise”, the correct test is whether “Parliament intend[ed] total invalidity to result from failure to comply with the statutory… [read post]
18 May 2021, 12:00 am
Arnold LJ considered that the broader the interpretation of s.55, the more inconsistent it is with Article 31 of TRIPs ([166] – [171]). [read post]
16 May 2021, 4:25 pm
Warby LJ described the newspaper’s case as “unreal”. [read post]
6 May 2021, 4:26 pm
Again, Warby LJ found that Saini J’s conclusions were not “wrong, perverse or otherwise unreasonable” [29]. [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]
27 Apr 2021, 4:39 pm
Court of Appeal The Court of Appeal (Dame Victoria Sharp P, Sir Geoffrey Vos C and Davis LJ) ([2019] EWCA Civ 1599) unanimously allowed Mr Lloyd’s appeal on all three grounds, granting him permission to serve out. [read post]
27 Apr 2021, 12:36 pm
In 2000, in an article in the UNB Law Journal (Vol. 49, 169) about section 33, entitled “Section 33 of the Charter: What’s the Problem, Anyway? [read post]
23 Apr 2021, 1:01 pm
Patten LJ continued, at paragraph 33: “But as with any statutory provision it is necessary to have regard to the totality of the relevant provisions and to construe them by reference to the regime which they were intended to facilitate. [read post]
19 Apr 2021, 1:00 am
Second, whether in the present case HMRC had overstated the significance of Hughes LJ’s judgment in Smallwood v Revenue and Customs Commissioners [2010] EWCA Civ 778, [2010] STC 2045. [read post]
11 Apr 2021, 4:40 pm
Junejo v New Vision TV Limited, heard 24 and 25 March 2021 (Murray J) Millett v Corbyn, heard 16 March 2021 (Vos MR, Sharp P, Warby LJ). [read post]
11 Apr 2021, 8:00 am
LJ Arnold stated that the CJEU has unrivalled experience in confronting this issue, developing and redefining its jurisprudence over time. [read post]
5 Apr 2021, 4:18 pm
(Paras 39-41 of King LJ’s judgment and below). [read post]
28 Mar 2021, 4:41 pm
On 25 March 2021 the Court of Appeal (Underhill and Dingemans LJJ) handed down judgment ([2021] EWCA Civ 423 [pdf]), refusing Johnny Depp’s application for permission to appeal against Nicol J’s dismissal of his libel claim against the Sun. [read post]
26 Mar 2021, 2:45 am
Asda’s appeals were dismissed by the Employment Appeal Tribunal (the “EAT”) (Kerr J) and the Court of Appeal (Lord Sales JSC, Underhill VP and Peter Jackson LJ). [read post]
