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2 Dec 2010, 4:13 pm
The elements of the defence of fair comment had been set out by Lord Nicholls in the Hong Kong case of Tse Wai Chun Paul v Albert Cheng [2001] EMLR 777. [read post]
2 Dec 2010, 3:50 am
Lord Rodger sought to emphasise the reasoning of Lord Phillips, stating that “ordinary crimes” are not protected by privilege. [read post]
1 Dec 2010, 9:59 pm
After all, as he House of Lords observed in R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115, freedom of expression is a right without “an effective rule of law is not possible”. [read post]
1 Dec 2010, 4:35 pm
Lord Phillips also re-named the defence as “honest comment” (as opposed to Court of Appeal in BCA v Singh [2010] EWCA Civ 350, which favoured “honest opinion” [35]) and called on the Law Commission to consider and review the present state of the defence. [read post]
1 Dec 2010, 2:29 am
Lord Phillips (President) and Lord Rodger give the lead judgments. [read post]
30 Nov 2010, 11:29 pm
This ruling has been accepted by the UK Supreme Court (then the House of Lords) in Al-Skeini. [read post]
30 Nov 2010, 4:22 pm
For example, in Giorgi Nikolaishvili v. [read post]
30 Nov 2010, 2:26 am
CMEC appealed.In the Court of Appeal Lord Justice Etherton found (at paragraph 50) that the Judge had been wrong to conclude that the Commission was a creditor entitled to participate in, and that it was bound by, the IVA. [read post]
29 Nov 2010, 1:29 pm
It is a Supreme Court case from 1992, Lee v. [read post]
29 Nov 2010, 12:23 am
(Docket Report) District Court W D Pennsylvania: Intent to deceive element of false marking claim cannot be inferred from length of time since patent expired: United States of America, et. al. v. [read post]
28 Nov 2010, 4:51 pm
In R. v. [read post]
27 Nov 2010, 4:56 pm
The Lord Justice Clerk concluded his judgment by saying “The present action arises because the pursuer came to Scotland to acquire a cause of action. [read post]
26 Nov 2010, 11:59 am
The House of Lords however, in Twinsectra Ltd v Yardley, [2002] 2 AC 164, complicated matters. [read post]
26 Nov 2010, 4:45 am
At the moment the range of tests for persecution on return is dizzyingly confusing: Refugee Convention – a reasonable degree of likelihood for f (R v Secretary of State for the Home Department, ex p Sivakumaran [1988] AC 958) Article 3 ECHR -”substantial grounds” (Vilvarajah v UK (1991) 14 EHRR 248) Extradition – balance of probabilities for past and existing facts (Fernandez v Government of Singapore [1971] 1 WLR 987) Extradition –… [read post]
26 Nov 2010, 1:54 am
The secretary of state appealed the decision. [read post]
24 Nov 2010, 4:19 pm
Lord Hoffmann (in the minority) gave real weight to the editorial discretion, stating at [62]: “Editorial decisions have to be made quickly and with less information than is available to a court which afterwards reviews the matter at leisure. [read post]
23 Nov 2010, 6:14 am
” Lord Woolf FCIArb,the architect of the major reform of the UK Justice system which lead to new Civil procedure rules in 1998 is also quoted as saying, “ The availability and use of mediation is always important but the present financial situation has made its use, whenever possible, essential. [read post]
23 Nov 2010, 1:39 am
Petsafe Ltd, R (on the application of) v The Welsh Ministers [2010] EWHC 2908 (Admin) (16 November 2010) - ? [read post]
22 Nov 2010, 6:11 am
In Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was `the best that the nature of the case will allow’. [read post]
21 Nov 2010, 5:56 pm
" Legg v. [read post]
