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26 Aug 2022, 10:43 am
But again, since in practice in speech-based cases an applicant is already required by s.12(2) HRA to demonstrate exceptional reasons why the respondent should not be notified before the court exceptionally grants an injunction or similar relief against someone who has not been notified of the application – see the Master of the Rolls’ Practice Guidance: Interim Non-Disclosure Orders [2012] 1 WLR 1003, at paras.5 and 18-23, and Birmingham City Council v Afsar [2019] ELR… [read post]
25 Aug 2022, 4:57 am
In choosing that test over the “statement of claim” test applied at first instance, the leading judgment (authored by Master of the Rolls, Sir Geoffrey Vos) stated that the FII test “must be intended to operate in all situations in which there has been a mistake, fraud or concealment, and to be consistent with the Limitation Act more generally. [read post]
23 Aug 2022, 8:40 am
New York and several other states recently turned to nonpartisan commissions and now a special master to design some of the New York legislative districts.[1] While this was going on, several cases challenging gerrymandering were brought to the Supreme Court. [read post]
23 Aug 2022, 5:00 am
The County certified the EIR and conditionally approved a master plan in 2017, concluding Martha sufficiently addressed unavoidable significant impacts via proposed conditions and mitigation measures. [read post]
13 Aug 2022, 3:38 am
United StatesCox. v. [read post]
7 Aug 2022, 2:07 pm
” Davidson v. [read post]
5 Aug 2022, 8:36 am
Facts: This case (Saulsbery v. [read post]
2 Aug 2022, 1:58 pm
[6] Bailey v. [read post]
1 Aug 2022, 11:52 am
Finally, insurers, who are the masters of insurer-drafted policy language like that used in CGL policies, must state any limitation to coverage in clear and explicit language and bear the burden to show that an exclusion applies to preclude coverage for all of the policyholder’s loss. [read post]
27 Jul 2022, 10:35 am
Army of the indigenous tribes in the trans-Mississippi West, the Chinese Exclusion Act of 1882, the labor injunction, Plessy v. [read post]
27 Jul 2022, 10:33 am
Balkin seems to think that a master concern for the common good of the res publica is in some sense uniquely civic republican. [read post]
25 Jul 2022, 1:54 am
On 20 and 21 July 2022, the Master of the Rolls, the President of the Queen’s Bench Division and Lady Justice King heard The Guardian’s appeal challenging the decision to exclude the press from the September 2021 hearing for the will of Prince Philip, where it was decided it should be sealed for 90 years. [read post]
15 Jul 2022, 2:25 pm
Adam Chan described the Supreme Court’s ruling in Torres v. [read post]
13 Jul 2022, 3:44 am
” “Here, the plaintiff failed to state causes of action sounding in breach of contract, legal malpractice, breach of fiduciary duty, and fraud, as she failed to adequately allege the element of [*2]damages with respect to each of those causes of action (see Denisco v Uysal, 195 AD3d 989 [2021]; McSpedon v Levine, 158 AD3d 618, 621 [2018]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2012]; Smith v Chase… [read post]
8 Jul 2022, 6:16 am
§ 101, as interpreted in Alice Corp Pty v. [read post]
7 Jul 2022, 3:54 am
Notably, the Davis v. [read post]
7 Jul 2022, 2:12 am
Notably, the Court of Appeal stated that subsequent case law, including Sage v Secretary of State for the Environment [2003] UKHL 22, has placed greater emphasis on the need to view planning permissions as a whole rather than as consent for delineable acts of development. [read post]
6 Jul 2022, 6:32 am
Inc. v. [read post]
6 Jul 2022, 5:13 am
This slave has disrespected his master by telling him "You are not my master! [read post]
4 Jul 2022, 2:56 pm
On the same day, judgment in default was awarded to the claimant in Mussarat v Worldview Media Network Ltd [2022] EWHC 1604 (QB) by Deputy Master Toogood QC. [read post]
