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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]
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]
21 Mar 2021, 5:10 pm
On 16 March 2021 the Court of Appeal (Vos MR, Sharp P, Warby LJ) heard an appeal in the case of Millett v Corbyn. [read post]
15 Mar 2021, 4:44 am
Court of Appeal BF’s appeal was allowed by a majority (Underhill LJ and Baker LJ, with Simon LJ dissenting). [read post]
7 Mar 2021, 4:34 pm
On 5 March 2021 Warby LJ handed down a judgment ([2021] EWHC 510 (Ch)) following 2 March 2021 hearing. [read post]
7 Mar 2021, 1:27 pm
The Court of Appeal agreed: It is common ground that a forfeiture clause must satisfy the test laid down by Fox LJ giving the judgment of the Court of Appeal in Clays Lane Housing Co-Operative Ltd v Patrick (1984) 17 HLR 188 at 193:“… a right to determine a lease by a landlord is a right of forfeiture if (a) when exercised, it operates to bring the lease to an end earlier than it would ‘naturally’ terminate; and (b) it is exercisable in the event of some default by… [read post]
2 Mar 2021, 4:00 am
The words “family violence”, “domestic violence”, “intimate partner violence” and “coercive control” do not appear anywhere in the Federation of Law Societies of Canada Model Code of Professional Conduct. [read post]
1 Mar 2021, 5:34 am
Arnold LJ (with agreement from Asplin LJ and Lewison LJ, notwithstanding some equivocation on Arnold LJ’s construction of “access right” by the latter) upheld Recorder Douglas Campbell QC’s findings on all points, with the exception of the Crown use defence. [read post]
24 Feb 2021, 12:38 am
At first instance, the Administrative Court (Gross LJ and Ouseley J) rejected KBR, Inc’s challenge. [read post]
21 Feb 2021, 11:29 am
On 1 March 2021 LJ Arnold will be interviewed on students’ questions. [read post]
19 Feb 2021, 1:36 am
Males LJ was correct to hold that the court did not have jurisdiction to dispense with service. [read post]
18 Feb 2021, 8:14 am
” “Coulson LJ and Males LJ also agreed that SCL’s undertaking to avoid conflicts extended to all other entities within the Secretariat group (including SIUL). [read post]
17 Feb 2021, 3:57 am
Finally, Males LJ left open the possibility that where (unlike in this case) those tendering draft bills of lading were proven to have had actual knowledge of defects or damage prior to shipment, they might have made an implied representation that they were not aware of any actual defects or damage when presenting the bill to the Master for signature. [read post]
15 Feb 2021, 10:19 am
Moore-Bick LJ has also mentioned it with apparent approval in Transocean Drilling UK Ltd v Providence Resources Plc [2016] 2 Lloyd’s Rep 51, [Para 33]; a case concerning a mutual knock-for-knock regime. [read post]
14 Feb 2021, 4:45 pm
As already mentioned, on 11 February 2021 Warby LJ handed down judgment in the case of Duchess of Sussex v Associated Newspapers (heard 19 and 20 January 2021). [read post]
12 Feb 2021, 3:30 am
In this regard, the analysis and conclusions of Sales LJ in the Court of Appeal is generally to be preferred to that of the majority. [read post]
11 Feb 2021, 7:03 am
In the case of Begum v Tower Hamlets (2005) 1 WLR 2103, Neuberger LJ (as he then was) said that an authority could only reject a second or subsequent application which was based on exactly the same facts as the previous application. [read post]
8 Feb 2021, 8:21 am
In a judgment given by Laws LJ on 21 April 2016 ([2016] EWCA Civ 597), the Court of Appeal rejected all three. [read post]
7 Feb 2021, 4:53 pm
On 1 February 2021 Underhill LJ ordered that the hearing should take place if possible between 15 and 31 March 2021. [read post]
1 Feb 2021, 4:00 am
Daniel Martin Katz, “Quantitative Legal Prediction—or—How I Learned to Stop Worrying and Start Preparing for the Data-Driven Future of the Legal Services Industry” (2013) 62 Emory LJ 909 at 941. [2] Alice Woolley, “The Lawyer as Fiduciary: Defining Private Law Duties in Public Law Relations” (2015) 65:4 UTLJ 285. [3] Fabrice Muhlenbach and Isabelle Sayn, “Artificial Intelligence and Law: What Do People Really Want? [read post]
