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5 Jun 2022, 1:11 pm
Al-Ameri (FC) v Royal Borough of Kensington and Chelsea (2004) UKHL 4 also offered some support for Mr R, in Lord Bingham’s view that a choice between destitution and another option was not a choice at all. [read post]
4 Jun 2022, 5:25 pm
This means a perfect state of security would lead to worse security than would a state where cybersecurity periodically fails. [read post]
28 May 2022, 2:25 pm
First, it’s ridiculous to call the Castle Rock v. [read post]
24 May 2022, 4:16 pm
If a claimant has lied in their pleadings or evidence, they could face contempt proceedings or a prosecution for perjury – rare, but not unheard of (see R v Jeffrey Archer and R v Jonathan Aitkin). [read post]
24 May 2022, 6:07 am
Introduction of Lord Falconer’s Bill, and summary of Ross v Switzerland [2013] ECHR 429. [read post]
20 May 2022, 1:30 am
Stage 1: Entitled Expectation Lord Tyre considered the leading authorities on the issue of “defect” under the CPA, namely Wilkes v DePuy International Limited [2016] EWHC 3096 (QB) and Gee and Ors v DePuy International Limited [2018] EWHC 1208 (QB). [read post]
15 May 2022, 8:19 am
Indeed, in paragraph 7 of the judgment, Lord Briggs and Lord Sales set out that so-called juridical taxation is a “fact of life”, given that each member state has sovereign authority over its own tax affairs. [read post]
4 May 2022, 9:01 pm
Last month, Judge Green of the Los Angeles County Superior Court in Crest v. [read post]
4 May 2022, 10:06 am
Lord Stephens, who gave the leading judgment (with which all members of the court agreed), considered the following: Ground 1: This argument was dismissed and Bilta was correctly applied to this case. [read post]
4 May 2022, 8:08 am
If a state decides football games on Sundays violates the Lord's day of rest, then there goes your Atlanta Falcons/Texans/Colts parlay. [read post]
3 May 2022, 2:30 am
Lord Carey’s PTO reinstated. [read post]
2 May 2022, 10:51 am
Walker v. [read post]
1 May 2022, 1:45 am
Humanist weddings On Monday, there was a short debate in the Lords on humanist marriages – or their absence – in England and Wales. [read post]
27 Apr 2022, 3:11 am
Lord Briggs and Lord Sales reject this. [read post]
24 Apr 2022, 4:47 am
Lord Gerrarrdus of Luton@Gerrarrdus paraphrases this as: “Where because of last Sunday you move this Saturday to next Tuesday. [read post]
15 Apr 2022, 12:27 pm
If you oppose slavery (and Dred Scott), you should oppose Roe v. [read post]
14 Apr 2022, 1:14 am
Back in 2000 in the House of Lords case White v White, Lord Thorpe stated that the calculation is ‘a tool not a rule’. [read post]
4 Apr 2022, 8:00 am
This followed evidence provided by journalists and lawyers to the House of Lords Communications and Digital Committee on 31 March 2022 that the impact of SLAPP cases went deeper than court cases, with pre-court intimidation and the threat of costly legal proceedings meaning countless articles never get published. [read post]
1 Apr 2022, 7:43 am
Interestingly, Lord Briggs (who joined the majority), noted that “the simple test proposed by Lady Arden and Lord Burrows may occasionally involve the recognition of the equitable lien in wider circumstances than is strictly justified by its animating access to justice principle. [read post]
30 Mar 2022, 2:19 am
To take one random example, see Johnson v Unisys [2013] 1 AC 518, in which the House of Lords held that it was not permissible to bring a common law claim for breach of contract which would sidestep the restrictions on the statutory unfair dismissal regime. [read post]