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9 Feb 2015, 1:32 am
In the recent rulings of McGraddie v McGraddie [2013] UKSC 58 and Henderson v Foxworth Investments Ltd [2014] UKSC 41 the Supreme Court overturned an appellate court for interfering with a trial judge’s findings of fact. [read post]
9 Jan 2024, 3:35 am
Jane LambertCourt of Appeal (Lady Justice King, Lord Justice Arnold and Lord Justice Stuart-Smith) Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd and another [2023] EWCA Civ 1493 (19 Dec 2023)This was an appeal by the defendants, Kate McIver Skin Limited ("KMS") and Christopher McIver (the personal representative and widower of Kate McIver ("Mrs McIver") the founder of KMS) [read post]
15 Jun 2009, 2:09 am
Ainsworth and Others v Inland Revenue Commissioners House of Lords “Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages. [read post]
7 May 2009, 1:51 am
Regina (Nasseri) v Secretary of State for the Home Department House of Lords “As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision [...] [read post]
3 Feb 2011, 9:52 am
In R (S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, the House of Lords held that the retention [...] [read post]
22 Jan 2009, 2:19 am
Jain and Another v Trent Strategic Health Authority House of Lords “Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners' rights under the European Convention [...] [read post]
29 Jan 2009, 2:02 am
Austin v Commissioner of Police of the Metropolis House of Lords “Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used [...] [read post]
11 Aug 2009, 1:56 am
Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) House of Lords “A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that they [...] [read post]
12 Feb 2009, 1:58 am
British Broadcasting Corporation v Sugar and Another House of Lords “The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held [...] [read post]
12 Dec 2008, 10:18 am
Regina (Wellington) v Secretary of State for the Home Department House of Lords “A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him [...] [read post]
23 Jun 2009, 1:40 am
AS (Somalia) v Secretary of State for the Home Department House of Lords “The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in [...] [read post]
2 Jan 2015, 8:16 pm
Brief Fact Coal is king and paramount Lord of industry is an old saying […] The post Common Cause v. [read post]
26 Jul 2023, 5:24 pm
Author Satoshi Nakamoto Copyright released Jane LambertCourt of Appeal (Lady Justice Asplin and Lord Justices Arnold and Warby) Wright and others v BTC Core and others (Rev1) [2023] EWCA Civ 868 (20 July 2023)This was an appeal against Mr Justice Mellor's refusal in Wright and others v BTC Core and others [2023] EWHC 222 (Ch) (7 Feb 2023 to permit service outside England and Wales of claim forms [read post]
13 Jan 2010, 1:37 am
Another example isOccular Sciences Ltd v [read post]
31 Oct 2017, 10:46 am
In July 2017, the Supreme Court (sitting in a panel comprising Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes) heard this appeal relating to whether, in the context of awarding Jobseeker’s Allowance (‘JSA’), the State unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private. [read post]
7 Jul 2009, 2:09 am
Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council House of Lords “A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long. [read post]
19 Feb 2009, 2:22 am
RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same House of Lords “Appeals from decisions of the Special Immigration Appeals Commission were restricted to questions of law or irrationality. [read post]
20 Jun 2007, 2:41 pm
I haven’t had a chance to look at the judgment in full (YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v. [read post]
5 Apr 2013, 1:54 am
Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16 Supreme Court Lords Neuberger, Walker, Mance and Kerr and Lady Hale) This was an appeal against the decision of the Court of Appeal in Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303, [2011] Bus LR 1510, [2011] FSR 19 which I had blogged in "Patents: Schütz (UK) Ltd v Werit (UK) Ltd" on 2 April 2011. [read post]
