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5 Dec 2016, 2:30 am by Blog Editorial
He discusses the application of De Keyser principles and the controls imposed by Parliament on prerogative powers to ratify international treaties. 13.05: The hearing has adjourned for lunch and is expected to resume at 14:00. 12.58:  The next case referred to is R v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: James Eadie QC submits that the availability of the prerogative in relation to EU law depends… [read post]
3 Nov 2020, 11:39 pm by Marty Lederman
Later this morning, the Supreme Court will hear argument in the most significant Religion Clause case of the Term, Fulton v. [read post]
9 Feb 2021, 6:29 am by Florence Campbell Jones
On 5 February 2021, the UK Supreme Court decided the case of R (oao KBR, Inc.) v Director of the Serious Fraud Office [2021] UKSC 2 regarding the extraterritorial scope of the Serious Fraud Office’s (“SFO”) investigatory powers. [read post]
9 Nov 2009, 10:24 am
Horan issued a November 5, 2009 Opinion and Order in the post-Koken case of Baptiste v. [read post]
10 Sep 2016, 11:31 pm
This owes, in large part, to the High Court of Australia’s unanimous decision[1]in Cole v Whitfield (1988) 165 CLR 360. [read post]
23 Aug 2011, 4:07 pm by James McComish
” Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 9) [2011] FCA 832 at [40] Referring to remarks in Yamouchi v Kishimoto (2002) 12 NTLR 32 and Bell Group Ltd (In Liq) v Westpac Banking Corporation (2004) 208 ALR 491, his Honour considered that to take evidence by video link was, in effect, to exercise the judicial power of the Commonwealth of Australia in the foreign country in which the witness was sitting; and that even if the… [read post]