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Case Preview: Protect Rural England (Kent) v Secretary of State for Communities and Local Government
27 Jan 2021, 2:30 am
The Court of Appeal judgment[1] Issue one: costs where permission is refused Coulson LJ, with whom Hamblen LJ and David Richards LJ agreed, summarised the Court’s view on issue one at [37] by reference to three principles. [read post]
26 Jan 2021, 6:01 am
Lewison LJ agreed with Rix LJ’s obiter comments in Osibanjo v Seahive Investments Ltd (2008) EWCA Civ 1282; (2009) 2 P& CR 2. [read post]
25 Jan 2021, 11:13 am
And just because a reasonable person would make enquiries about whether the information (or some of it) was confidential was insufficient for an obligation of confidence to arise.Arnold LJ, with whom Lewison LJ and Asplin LJ agreed, noted that there was surprisingly little authority. [read post]
25 Jan 2021, 11:13 am
And just because a reasonable person would make enquiries about whether the information (or some of it) was confidential was insufficient for an obligation of confidence to arise.Arnold LJ, with whom Lewison LJ and Asplin LJ agreed, noted that there was surprisingly little authority. [read post]
25 Jan 2021, 10:31 am
Ms Kogan (represented by, among others, Lionel Bently) appealed, and the Court of Appeal (which included Floyd LJ, a distinguished intellectual property barrister before he became a judge, who delivered the judgment of the court) decided that the first instance judgment was wrong. [read post]
25 Jan 2021, 10:31 am
Ms Kogan (represented by, among others, Lionel Bently) appealed, and the Court of Appeal (which included Floyd LJ, a distinguished intellectual property barrister before he became a judge, who delivered the judgment of the court) decided that the first instance judgment was wrong. [read post]
15 Jan 2021, 1:45 am
As provided for under the Scheme, the case was heard by a court consisting of a High Court judge, Butcher J, sitting with a Court of Appeal judge, Flaux LJ (“the Court”). [read post]
14 Jan 2021, 11:46 am
Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton. [read post]
23 Dec 2020, 12:50 pm
The significance of this judgment is also that the lead judgment is given by Lewison LJ who, to say the least, knows his property law. [read post]
23 Dec 2020, 5:31 am
Floyd LJ held that parties should not abuse the confidential label, and should have “solid grounds” for designating material as AEO in order to protect their confidential information. [read post]
20 Dec 2020, 4:16 pm
On 16 December 2020 the Administrative Court (Bean LJ and Warby J) handed down judgment in the case of Scottow v Crown Prosecution Service [2020] EWHC 3421 (Admin). [read post]
14 Dec 2020, 11:52 am
Using the language of Dyson LJ in AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1535, “something more is required”, which must be “something of substance”. [read post]
1 Dec 2020, 1:27 pm
In Doka, Patten LJ, with whom Lord Briggs agreed, said that: “What the applicant needs to establish is a period of occupation under either a licence or a tenancy which has at its outset or during its term a real prospect of continuation for a significant or indefinite period of time so that the applicant’s transition from his earlier accommodation cannot be said to have put him into a more precarious position than he previously enjoyed”. [read post]
27 Nov 2020, 4:53 pm
In examining what integrity means by reference to the scope of a solicitor’s obligation, the Divisional Court quoted oft repeated dicta of Jackson LJ in SRA v Wingate [2018] 1 WLR 3969 from which it extracted three principles: i) an association between integrity and adherence to the standards of the profession; ii) that in relation to matters associated with their professional standing solicitors are expected to held to a higher standard than those outside… [read post]
25 Nov 2020, 4:02 pm
Warby J referred to his earlier explanation of the terms as: “This is a convenient shorthand way of referring to different levels of gravity, which derives from the judgment of Brooke LJ in Chase v News Group Newspapers Ltd [2003] EMLR 11 [45]. [read post]
24 Nov 2020, 9:59 am
However, at this jurisdictional stage of the assessment of Millgate’s application, the Supreme Court found that contrary to the analysis of Sales LJ in the Court of Appeal, Millgate’s conduct is not relevant. [read post]
24 Nov 2020, 5:30 am
On Jan. 21, 1960, Little Joe 1-B (LJ-1B) was successfully launched from Wallops Island with a rhesus monkey named “Miss Sam” (H. [read post]
23 Nov 2020, 1:45 pm
No challenge had been made that the Council should have made its decision on a different date, but it would have been unlikely to be successful even if made at the time of the review, as: In the present case, as in Alibkhiet v Brent LBC, “the shortage of housing … is the constant backcloth against which all housing decisions are currently made”, the Council did not need to “wait in the Micawberish hope that ‘something will turn up'” and the Council… [read post]
23 Nov 2020, 4:26 am
There was a conjoined appeal before the Court of Appeal (along with US, a Pakistani national who also had his asylum appeal decided under the 2005 Rules).[2] Singh LJ, giving the lead judgment, (with whom Sharp LJ and Peter Jackson LJ agreed) dismissed TN’s appeal, upholding Ouseley J’s decision at first instance. [read post]
19 Nov 2020, 5:27 am
This was given short shrift by Flaux LJ, who commented that the circumstances of Begum’s decision to leave the UK would no doubt be considered in a substantive appeal, and such a submission “risk[ed] putting the cart before the horse. [read post]
