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29 Mar 2010, 11:37 am
Athough the Strasbourg Courg had established that the concept of civil rights was autonomous, and not solely defined by signatory countries (Konig v Germany (No1) (A/27) (1979-80) 2 EHRR 170 ECHR), nevertheless Article 6 could only apply to civil rights that were arguably recognised under domestic law ( as established by the House of Lords in Matthews v Ministry of Defence (2003) UKHL 4, (2003) 1 AC 1163 applied). [read post]
6 Aug 2015, 5:09 am
In addition to the key case of Rottmann v Freistaat Bayern [2010] ECR I-1449 numerous other authorities such as Kaur [2001] All ER (EC) 250, McCarthy [2011] All ER (EC) 729 Zambrano [2011] ECR I-1177 and Dereci [2011] ECR I-11315 were analysed and applied to his case. [read post]
21 Oct 2010, 3:08 pm
-Gen. v Punch Ltd [2003] 1 AC 1046 at [87]-[88] in the Court of Appeal and at [95] in the House of Lords; and Jockey Club v Buffham [2003] QB 462 (Gray J). [read post]
24 Jun 2008, 12:00 pm
AC 28215, 2008 Conn. [read post]
20 May 2015, 3:11 am
Upon considering the rule in Din v Wandsworth London Borough Council [1983] 1 AC 657, Lord Reed reasoned that the review officer did not consider whether the cause of the appellant’s current state of homelessness was her surrender of her tenancy at the hostel. [read post]
18 Nov 2014, 1:00 am
In such cases the court is not discussing the truth or reasonableness of any of the doctrines of the religious association, but as stated by Lord Davey in General Assembly of the Free Church of Scotland v Overtoun [1904] AC 515 (1904 7 F (HL) 1): “The more humble, but not useless, function of the civil Court is to determine whether the trusts imposed upon property by the founders of the trust are being duly observed. [read post]
13 Jan 2012, 1:00 am
In R v Brown (Anthony) [1994] 1 AC 212 sadomasochists were held to have been rightly convicted of causing injury to others who willingly consented to the injuries that they received. [read post]
19 Nov 2014, 9:54 am
" United States v. [read post]
3 Aug 2017, 1:24 pm
Veazie, 8 How. 251, 255–256 (1850); United States v. [read post]
5 Nov 2017, 3:31 am
This requirement makes the reader aware of the subject matter of the comment, without which justification for the defence will be lacking (Joseph v Spiller [2011] 1 AC 852). [read post]
22 Oct 2012, 8:20 am
He accepts that if regulations are laid his case might not fall within them but claims to have standing under the new approach to Scottish public law title and interest set out in AXA General Insurance Ltd v HM Advocate [2011] UKSC 46, [2012] 1 AC 868, 2011 SLT 106. [read post]
3 Jan 2010, 7:37 pm
In Peacock v. [read post]
13 Nov 2017, 9:12 am
For policyholders, an important consequence of this scheme of dispute resolution is that little binding precedent has developed—or will, outside of the occasional litigation in the United States against ACE or XL that is not dismissed, develop—regarding interpretation of the Bermuda Form. [read post]
13 Nov 2017, 9:12 am
For policyholders, an important consequence of this scheme of dispute resolution is that little binding precedent has developed—or will, outside of the occasional litigation in the United States against ACE or XL that is not dismissed, develop—regarding interpretation of the Bermuda Form. [read post]
28 Apr 2010, 10:00 pm
R (D and M) v Secretary of State for Work and Pensions; R (EM) v Secretary of State for Work and Pensions [2010] EWCA Civ 18 Read judgment With apologies, this post originally appeared with the wrong title The Court of Appeal has ruled on two linked challenges to the entitlement to welfare benefits of prisoners detained in psychiatric hospitals. [read post]
27 Mar 2018, 7:20 am
In a majority opinion in Evenwel v. [read post]
5 Jan 2016, 7:08 am
Thus, timely pre-revocation notice was required under the amended statutory scheme (Mantena v. [read post]
19 Oct 2010, 6:27 pm
Co. v. [read post]
21 Feb 2012, 2:06 am
In the case of Standard Life Assurance Ltd v ACE European Ltd & 10 ORS [2012] EWHC 104 (Comm), Mr Justice Eder held that Standard Life Assurance Limited (SLAL) was entitled to recover under its professional indemnity insurance policies (the Policies) from the defendant insurers (the Insurers) in respect of remediation payments made following a significant fall in value of the Standard Life Pension Sterling Fund (the Fund).SLAL had marketed the Fund as a temporary home for short… [read post]
1 Jul 2011, 12:01 am
As Lord Philips pointed out in his judgment in SSHD v AF (No. 3) [2010] 2 AC 269, the ECtHR in that case had made it clear that in control order proceedings non-disclosure could not go so far as to deny a party knowledge of the essence of the case against him. [read post]
