Search for: "BINGHAM v. BINGHAM"
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19 Jan 2011, 10:55 pm
At first instance, Mr Justice Collins dismissed TTM’s claim holding that his detention had not been unlawful until such time as the court declared the decision-making process to have been defective – applying R v Managers of South Western Hospital ex p M [1993] QB 683 and R v Central London County Court ex p London [1999] QB 1260 and distinguishing Re S-C (Mental Patient Habeas Corpus) [1996] QB 599 as it was not directly concerned with that question. [read post]
10 Dec 2010, 3:35 am
Seal v United Kingdom (Application no. 50330/07) – Read judgment The European Court of Human Rights has rejected the claim of a man detained by the police for 9 days under mental health law. [read post]
3 Dec 2010, 4:56 pm
In DPP v Collins [2006] 1 WLR 2223 Lord Bingham said: Section 127(1)(a) does of course interfere with a person’s right to freedom of expression. [read post]
1 Dec 2010, 9:59 pm
In DPP v Collins [2006] 1 WLR 2223 Lord Bingham said: Section 127(1)(a) does of course interfere with a person’s right to freedom of expression. [read post]
21 Nov 2010, 6:01 am
In John v MGN Ltd [1997] QB 586, [1995] EWCA Civ 23 (12 December 1995) Lord Bingham MR said that such juries “were in the position of sheep loosed on an unfenced common, with no shepherd”. [read post]
10 Nov 2010, 2:15 am
”Thereafter, reference was made to Memminger v Triplite [1992] RPC 210, and Chaplin v Lotus (Court of Appeal, Bingham MR, Rose and Waite LJJ, unreported 17th December 1993), as having some utility at least as a starting point to allowing one to gauge the sorts of enterprises the Patents County Court is intended to serve.Pulling these factors together. [read post]
4 Nov 2010, 10:45 pm
To decline to make a possession order under Article 8 in these circumstances would be, in Lord Bingham’s words in Qazi, ”highly exceptional” . [read post]
4 Nov 2010, 12:53 am
The ECHR in McCann v UK (see our notes here and here) preferred Lord Bingham's approach. [read post]
4 Nov 2010, 12:53 am
The ECHR in McCann v UK (see our notes here and here) preferred Lord Bingham's approach. [read post]
3 Nov 2010, 10:00 am
SAP: The Tech Trial of the Century Kicks Off – Law Blog – WSJ – Or as we like to put it, Bingham McCutchen v. [read post]
18 Oct 2010, 10:15 am
Augusto and Blizzard v. [read post]
7 Oct 2010, 2:15 am
The House of Lords ruled in 2005 in the case of A & Ors v. [read post]
5 Oct 2010, 11:25 pm
United States, and McCulloch v. [read post]
4 Oct 2010, 8:59 pm
I refer to the treatment of that decision by Lord Oliver of Aylmerton in A.G. v Guardian [1987] 1 WLR 1248 at 1319 D-E, referred to by Bingham LJ in the Court of Appeal in A.G. v Guardian Newspapers (No. 2) [1990] 1 AC 109 at 217C. [read post]
25 Sep 2010, 9:16 am
Kay v UK: The violation The House of Lords judgment in Kay had already been considered by the ECtHR in McCann and that discussion was referred to by them again in Kay (at [70]); they accepted that Lord Bingham’s approach in his dissenting judgment in Kay as not having serious consequences for the functioning of the system. [read post]
22 Sep 2010, 10:00 pm
The Supreme Court is considering the issue in Manchester CC v Pinnock, in which it heard oral argument earlier this year but in which written submissions on the effect of the decision in Kay v UK have been invited, and three other cases, Hounslow LBC v Powell, Leeds CC v Hall and Frisby v Birmingham CC, have been listed in the Supreme Court in late November raising the same or overlapping issue. [read post]
13 Sep 2010, 7:50 am
We are all diminished by the death of any one of us, and the IPKat is the first to concede that the late Lord Bingham of Cornhill was a distinguished member of the judiciary. [read post]
13 Sep 2010, 4:19 am
Although in the minority in Roberts Lord Bingham’s views must have coloured and informed the House of Lords when, after Lord Bingham’s retirement, they considered the approach to closed evidence in control order proceedings in AF (No.3) v. [read post]
13 Sep 2010, 12:12 am
New case out of NJ: Connelly v. [read post]
12 Sep 2010, 2:24 am
In another similarly named case of the following year, A & Ors v. [read post]
