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29 Jul 2009, 2:51 am
Yesterday, at [2009] EWCA Civ 750, the Court of Appeal (Lords Justices Mummery, Lloyd and Moore-Bick) dismissed the appeal against the trial judge's decision. [read post]
28 Jul 2009, 9:55 am
From an extended examination of Chadwick LJ’s judgment in Oxley v Hiscock [2004] EWCA Civ 546, which expressly raises ‘fairness’ on the basis of relevant conduct as the criterea by which share of interest should be assessed, in the absence of express agreement, and Stack v Dowden [2007] UKHL 17, which appears to limit ‘fairness’ and expressly concerned shares in a property in joint names, where Oxley v Hiscock concerned a… [read post]
26 Jul 2009, 7:26 am
It is not unknown for HL decisions to be influenced by politics (for example Lord Hoffmans judgement in Birmingham City Council v. [read post]
24 Jul 2009, 1:02 am
Yesterday the Court of Appeal for England and Wales (Lords Justices Rix, Lloyd and Wilson) gave its ruling in Whirlpool Corporation v Kenwood Ltd, [2009] EWCA Civ 753.At issue in this dispute was the shape of Whirlpool's retro-looking KitchenAid Artisan mixer and its rival, Kenwood's kMix. [read post]
16 Jul 2009, 12:15 am
They the demons shall Pursue thee until thou persist.In People of the State of Michigan v. [read post]
15 Jul 2009, 3:49 am
The case was the subject of a 1992 book, Fatal Subtraction: The Inside Story of Buchwald v. [read post]
14 Jul 2009, 12:26 pm
In the words of Lord Atkinson in Adam v.Ward [1917] AC 309 at 334. [read post]
13 Jul 2009, 3:29 pm
The appeal was made before the House of Lords judgment in Doherty was handed down and was amended as a result. [read post]
9 Jul 2009, 10:02 pm
What one conceives well can be stated with clarity and the words to say it come easily. [read post]
8 Jul 2009, 2:08 am
In this respect, Naz Foundation is in stark contrast to the extensive discussion of legal history in the case it cites so extensively, Lawrence v. [read post]
3 Jul 2009, 2:57 pm by Tobias Thienel
This conclusion is, moreover, consistent with the dicta of the House of Lords in Al-Skeini and the position adopted by the Government in that case before the Court of Appeal and House of Lords (see paragraph 62 above).89. [read post]
2 Jul 2009, 12:26 pm
It would be fair to say that the House of Lords judgment in the joined appeals in Birmingham v Ali and Moran v Manchester [2009] UKHL 36 has come as something of surprise. [read post]
27 Jun 2009, 8:42 pm
He cites Lord Scarman's views expressed in his opinion in R v. [read post]
23 Jun 2009, 2:59 pm
Since then, the Court of Appeal has decided on Doran v Liverpool CC [2009] EWCA Civ 146 (our report) and McGlynn v Welwyn Hatfield BC [2009] EWCA Civ 285 (our report), further shaping the landscape. [read post]
23 Jun 2009, 1:40 am
AS (Somalia) v Secretary of State for the Home Department House of Lords “The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in [...] [read post]
19 Jun 2009, 3:40 pm
RSLs are subject to detailed housing management guidance, which is approved by the Secretary of State [10]. [read post]
19 Jun 2009, 2:47 pm
Turning to free speech issues, the Court struck down state laws that banned ads featuring the price of beer and other alcoholic beverages in 44 Liquormart, Inc. v. [read post]