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15 Nov 2011, 3:50 am
And indeed he is not the only person: Lord Hoffmann and Laws LJ are very much on a footing with Sumption here. [read post]
15 Nov 2011, 1:00 am
Despite Ms Berrisford’s success on the first point, Lord Neuberger went on to consider her alternative case in contract (the licence argument pursued before the Court of Appeal) and stated he “incline[d] fairly strongly to the view” that such an argument would have been successful insofar as it applied to the original contracting parties. [read post]
14 Nov 2011, 4:00 am
The Court stated that “a willfully blind defendant is one who takes deliberate actions to avoid confirming a high probability of wrongdoing. [read post]
14 Nov 2011, 2:14 am
Secretary of State for Work and Pensions v Payne & Anor, heard 4 November 2011. [read post]
13 Nov 2011, 3:51 pm
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? [read post]
13 Nov 2011, 3:51 pm
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? [read post]
13 Nov 2011, 12:53 am
Boumediene v. [read post]
11 Nov 2011, 9:20 am
Excessive patriotic zeal is a hallmark of national security states. [read post]
10 Nov 2011, 3:54 am
It is established in Strasbourg and domestic jurisprudence that in certain “well-defined circumstances” art 2 will impose “a positive obligation on [state] authorities to take preventative operational measure” to protect the life of an individual (Osman v UK (2009) 29 EHRR 245 at 115). [read post]
10 Nov 2011, 1:42 am
The tenancy agreement stated that it was a ‘tenancy from month to month’. [read post]
10 Nov 2011, 1:42 am
The tenancy agreement stated that it was a ‘tenancy from month to month’. [read post]
8 Nov 2011, 11:32 am
Lord Clarke repeated a useful quotation of Longmore LJ from Barclays Bank plc v HHY Luxembourg SARL [2010] EWCA Civ 1248: “If a clause is capable of two meanings…it is quite possible that neither meaning will flout common sense. [read post]
8 Nov 2011, 6:58 am
Mr Justice Eady's judgment contains a potted history of human rights and public law challenges to summary possession proceedings, from Kay v Lambeth to Manchester CC v Pinnock and Hounslow LBC v Powell. [read post]
8 Nov 2011, 6:58 am
Mr Justice Eady's judgment contains a potted history of human rights and public law challenges to summary possession proceedings, from Kay v Lambeth to Manchester CC v Pinnock and Hounslow LBC v Powell. [read post]
8 Nov 2011, 6:37 am
McCombe J was of course bound by the House of Lords view of the matter. [read post]
7 Nov 2011, 9:39 am
On Wednesday 9 October Deenish Benjamin and Deochan Ganga v The State of Trinidad and Tobago will be heard by Dame Heather Hallett and Lords Phillips, Kerr, Clarke and Wilson. [read post]
6 Nov 2011, 9:35 pm
The problem is that the state of Texas also doesn't know.Well, yeah. [read post]
6 Nov 2011, 9:35 pm
The problem is that the state of Texas also doesn't know.Well, yeah. [read blog]
6 Nov 2011, 4:05 pm
But Lord Justice Leveson decided this did not necessitate core participant status; his ruling can be found at this link [PDF]. [read post]
6 Nov 2011, 7:50 am
If that were the intention, one would have expected it to have been stated expressly. [read post]