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12 Jul 2015, 4:10 pm by INFORRM
Last week’s decision In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42,has been the subject of a number case comments: Case Law: Re Application by JR 38 for Judicial Review, Supreme Court sharply divided on whether Article 8 engaged for child suspected of committing crime in public – Alex Bailin QC JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie… [read post]
9 Jul 2015, 4:43 pm by INFORRM
Some might think that, given that we had unanimity in Kinloch (AP) (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2012] UKSC 62, the diversity of opinions in the JR38 judgement is a bit surprising. [read post]
6 Jul 2015, 6:34 am by Alex Bailin QC, Matrix
Lord Kerr (for the minority) noted that REP was the “touchstone” of private life (applying Campbell v MGN [2004] 2 AC 457). [read post]
30 Jun 2015, 3:03 pm
Neither is it clear as a matter of law that Maher's actions amounted to no more than a momentary judgment lapse for which no liability attaches in an emergency situation (Szczerbiak v Pilat, 90 NY2d 553, 556). [read post]
20 May 2015, 12:19 pm
This morning, the Sixth Circuit handed down a new case, United States v. [read post]
19 May 2015, 2:20 am by Guy Stuckey-Clarke, Olswang LLP
The prosecution appealed to the Supreme Court, and the appeal was heard on 24 February 2015 by Lord Neuberger, Lord Kerr, Lord Reed, Lord Hughes and Lord Toulson. [read post]
10 May 2015, 9:30 am by Yishai Schwartz
On this reading (Kerr pointed out to me) the 2nd Circuit echoes Justice Alito’s concurrence in Riley v. [read post]
9 May 2015, 6:25 am by Sebastian Brady
On Tuesday, Wells linked to an en banc decision by the Eleventh Circuit Court of Appeals in United States v. [read post]