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9 Apr 2020, 7:37 am
En línea con el plan de agilización de la actividad judicial que aprobará el Gobierno, según las previsiones de la disposición adicional décimo novena del Real Decreto-Ley 11/2020, de 31 de marzo, por el que se adoptan medidas urgentes complementarias para hacer frente al COVID-19, el Consejo General del Poder Judicial (CGJPJ) ha aprobado un Primer Documento de Trabajo sobre Medidas Organizativas y Procesales para el Plan de Choque en la… [read post]
3 Apr 2020, 4:05 am
Floyd LJ, with whom Lewison LJ agreed, therefore dismissed the appeal. [read post]
2 Apr 2020, 3:07 am
Having regard to the development of social attitudes, I feel able (with the greatest respect to Hale LJ’s views of 17 years ago) not to follow the dicta in Briody on this point. [read post]
11 Mar 2020, 8:37 am
There were, in substance, three points which were decided in Google’s favour by Warby J ([2018] EWHC 2599 (QB)) and on which his judgment was overturned by the Court of Appeal (Dame Victoria Sharp P, Sir Geoffrey Vos C and Davis LJ), namely Whether a “uniform per capita” amount of compensation can be awarded for “loss of control” for a non-trivial breach of the DPA even if the breach causes no material damage or distress? [read post]
9 Mar 2020, 3:19 pm
” Pozzoli SpA v BDMO SA [2007] EWCA Civ 558 (Jacob LJ). [read post]
23 Feb 2020, 8:57 am
English Churches v Shine (2004) EWCA Civ 434, however, seemed to tie the assessment of quantum rather more certainly to the rent level (frankly to some degree in reaction to the ossified ‘Wallace tariff’): 104 Whilst we accept that the guidelines helpfully set out by Morritt LJ in Wallace v Manchester City Council are not to be applied in a mechanistic or dogmatic way, and whilst we equally accept that there will be cases in which the level of distress or… [read post]
23 Feb 2020, 8:57 am
English Churches v Shine (2004) EWCA Civ 434, however, seemed to tie the assessment of quantum rather more certainly to the rent level (frankly to some degree in reaction to the ossified ‘Wallace tariff’): 104 Whilst we accept that the guidelines helpfully set out by Morritt LJ in Wallace v Manchester City Council are not to be applied in a mechanistic or dogmatic way, and whilst we equally accept that there will be cases in which the level of distress or… [read post]
22 Feb 2020, 3:35 pm
” The present Court of Appeal’s approach to Spencer was that It can be seen from what Lewison LJ said at (32) that he read Hale LJ’s judgment in the same way that I do, namely as holding that the reasonable recipient of the notice in that case would interpret “on 4 January 2003” as meaning just that. [read post]
22 Feb 2020, 3:35 pm
” The present Court of Appeal’s approach to Spencer was that It can be seen from what Lewison LJ said at (32) that he read Hale LJ’s judgment in the same way that I do, namely as holding that the reasonable recipient of the notice in that case would interpret “on 4 January 2003” as meaning just that. [read post]
17 Feb 2020, 6:23 am
Such a person would appear to be covered by Underhill LJ’s formulation in Baddeley v The Co-Operative Group [2014] EWCA Civ 658 – ‘another person involved in the disciplinary process’ – but arguably not by Lord Wilson’s own formulation at [53] – ‘some person involved in the disciplinary inquiry’. [read post]
7 Feb 2020, 3:45 am
This was consistent with the decision reached by the Divisional Court ([2018] EWHC 1955 (Admin): Legatt LJ and Nicol J). [read post]
6 Feb 2020, 4:13 pm
Stephens LJ, delivering the Court of Appeal judgment, dismissed the application for leave to appeal. [read post]
1 Feb 2020, 5:31 am
; and Conversant Wireless Licensing SARL v Huawei Technologies Co Ltd (Henry Carr J) [2018] EWHC 808 (Pat), and [2019] EWCA Civ 38 (judgment given by Floyd LJ). [read post]
7 Jan 2020, 7:26 am
Back to Arnold LJ (as he now is!) [read post]
19 Dec 2019, 4:11 pm
Vos C (Sharp P and Davis LJ concurring) said that the Court had been right in Vidal-Hall to give an autonomous meaning to Article 23 DPD and section 13 of the 1998 Act, and to construe both on the basis that they were giving effect to Article 8 CFR and Article 47 CFR (he might, with profit, have referred to Article 7 CFR as well). [read post]
19 Dec 2019, 9:41 am
The Court of Appeal pawing at a combination SPC this holidayseason ...It is the most wonderful time of the year. [read post]
17 Dec 2019, 3:56 pm
There is no question that legal education has become increasingly complex, partly as a result of the will of educators and students and partly as a result of external forces. [read post]
16 Dec 2019, 2:50 am
” King LJ agreed with McCombe LJ on that point and noted at [101]: “It is unnecessary to resort to statistics or research in order to appreciate the social changes in the years since Briody. [read post]
15 Dec 2019, 4:12 pm
The remainder of the collection may be requested from the Microform Reader Services (LJ 139). [read post]
1 Dec 2019, 4:05 pm
On 29 November 2019 Davis LJ and Warby J handed down the reserved judgment in the case of R (Liberal Democrats) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin), giving the full reasons for the dismissal of the application for judicial review. [read post]
