Search for: "In Interest of LJ"
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17 Oct 2023, 2:26 am
In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
15 Oct 2023, 4:51 pm
Mr Stones’ defences of truth and publication on matter of public interest were rejected. 5RB has a summary here. [read post]
4 Oct 2023, 4:30 pm
There are some interesting cases on when general references can sufficiently identify a plaintiff to support a claim of defamation at common law or for infringement of data protection rights pursuant to the GDPR. [read post]
29 Aug 2023, 11:20 am
Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT – SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. [read post]
28 Aug 2023, 4:30 am
Diplock LJ recommended that we should give up on trying to rationalise it. [read post]
13 Aug 2023, 9:48 am
This is particularly inexcusable as it is a very interesting point at issue in this appeal. [read post]
11 Aug 2023, 8:40 am
Following the decision of Arden LJ in Giles v Rhind, the Court of Appeal determined that ‘breach of duty’ is applicable to any legal wrongdoing. [read post]
2 Aug 2023, 2:14 am
Arnold LJ did not accept these arguments for two reasons. [read post]
25 Jul 2023, 4:00 am
(ii) Manitou’s appeal Arnold LJ noted that the competing interests the Court needs to consider in assessing whether to permit the disclosure of otherwise confidential information are the public’s need to understand and scrutinise the reasoning provided by the Court on infringement on the one hand, and Manitou’s right to protect its trade secrets on the other. [read post]
24 Jul 2023, 4:44 pm
Asplin LJ noted four key points relevant to the issue of when a court would not accept undertakings (or grant an injunction). [read post]
24 Jul 2023, 3:38 am
The tribunal found that the section 43(2) exemption was engaged “as both the commercial interests of the BBC and of MTM are affected” and that “there is a real and significant risk of prejudice to the commercial interests” of both. [read post]
20 Jul 2023, 3:44 am
If readers are interested in hearing more about plausibility, tickets are still available for CIPA Congress on 3 October. [read post]
9 Jul 2023, 4:35 pm
Dingemans LJ and Garnham J held that requests for documents by public inquiries were “bound to lead to the inclusion of some irrelevant material”, but that did not make the request unlawful. [read post]
4 Jul 2023, 4:32 pm
It also contains some interesting ambiguities on the role of inference of harm in cases involving grave imputations with scope of publication, and the relevance to the serious harm test of factors which cause the public interest defence to fall away. [read post]
3 Jul 2023, 4:07 am
Warby LJ’s three-year term will run from 1 June 2023. 5RB has more information here. [read post]
27 Jun 2023, 4:00 am
A reasonable observer might wonder, in the event of a conflict between the contributor’s interests and the public interest, which would be chosen by the Bencher who had received the funding. [read post]
29 May 2023, 9:03 am
Several organisations, including the International Press Institute and Reporters Without Borders, have condemned the costs order for its “chilling effect” on free speech and public interest journalism. [read post]
2 May 2023, 12:30 am
Review of the ecclesiastical court judgments during April 2023 Eleven consistory court judgments were circulated in April concerning: Reordering, extensions and other building works CCVT Exhumation Churchyards and burials Organs This summary also includes CDM Decisions and Safeguarding, Reports from the Independent Reviewer, Privy Council Business, Visitations, and CFCE Determinations, as well as links to other posts relating to ecclesiastical law. [read post]
16 Apr 2023, 10:29 am
It holds broader potential relevance for other sorts of family court cases where there is an issue about reporting restrictions or publication, given the increasing interest in open justice across the spectrum of the family court’s work. [read post]
5 Apr 2023, 5:18 am
For afters 9) Something green The case of Siemens Gamesa Renewable Energy A/S v GE Energy (UK) Ltd [2022] EWHC 3034 (Pat) has highlighted an interesting point on territoriality. [read post]