Search for: "Lord v. Murphy"
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7 Jun 2015, 4:08 pm
The judge, Lord Burns, decided (unsurprisingly) that the evidence given by Mr Coulson at the Tommy Sheridan trial was not relevant to the live issues at that trial. [read post]
14 Dec 2015, 1:09 pm
Davies & Justine Pila, The Jurisprudence of Lord Hoffmann (Oxford: Hart Publishing Ltd, 2015). [read post]
11 Mar 2012, 5:41 am
On Wednesday 7 March 2012, the Grand Chamber of the European Court of Human Rights heard the application in the Article 10 case of Animal Defenders International v United Kingdom. [read post]
29 Sep 2016, 12:20 am
A cause of action is “a factual situation the existence of which entitles one person to obtain from the court a remedy against another person” (Letang v Cooper [1965] 1 QB 232, 242-243 (Diplock LJ); Roberts v Gill [2011] 1 AC 240, [2010] UKSC 22 (19 May 2010) [41] (Lord Collins); Murphy v O’Toole [2014] IEHC 486 (17 October 2014) [57]-[58] (Baker J); see also PR v KC [2014] IEHC 126 (11 March 2014) [36] (Baker J), but note… [read post]
13 Jul 2010, 1:04 am
We posted recently on the case of Holder v. [read post]
7 Aug 2012, 10:12 am
Support for this found in Murphy v Brentwood District Council [1991] 1 AC 398 where the House of Lords declined to accept a duty beyond that set out in the DPA.Section 4 Defective Premises Act – Occupation in contemplation of the letting of the premises was covered by 4(3)(b)(i) or (iii), so it covered the circumstances of Ms H occupation.A ‘relevant defect’ for the purposes of s.4 had to involve the premises being ‘not in good repair’ (Quick… [read post]
7 Aug 2012, 10:12 am
Support for this found in Murphy v Brentwood District Council [1991] 1 AC 398 where the House of Lords declined to accept a duty beyond that set out in the DPA.Section 4 Defective Premises Act – Occupation in contemplation of the letting of the premises was covered by 4(3)(b)(i) or (iii), so it covered the circumstances of Ms H occupation.A ‘relevant defect’ for the purposes of s.4 had to involve the premises being ‘not in good repair’ (Quick… [read post]
16 Feb 2011, 6:52 am
In Bonnard v Perryman, Lord Chief Justice Coleridge in the Court of Appeal held that the … importance of leaving free speech unfettered is a strong reason in cases of libel for dealing most cautiously and warily with the granting of interim injunctions. [read post]
18 Oct 2021, 1:37 am
The Application was refused, with Lord Summers relying on R v Legal Aid Board ex p. [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]
7 Feb 2012, 2:31 pm
On 4 October 2011 the Court of Justice duly delivered its ruling in Joined Cases C-403/08 Football Association Premier League Ltd, NetMed Hellas SA, Multichoice Hellas SA v QC Leisure, David Richardson, AV Station plc, Malcolm Chamberlain, Michael Madden, SR Leisure Ltd, Philip George Charles Houghton and Derek Owen and C-429/08 Karen Murphy v Media Protection Services Ltd (see IPKat post here), following which Mr Justice Kitchin -- having metaphorically vanished as… [read post]
23 Feb 2011, 6:33 am
Lord Hope’s Decision in Powell I don’t intend here to go through the facts of Powell but rather to outline the stages of the review required that Lord Hope lays out in the judgment: 1. [read post]
13 Jul 2010, 10:00 am
In earlier asylum cases involving Greece Lord Justice Laws has made observations about “shaky” Greek procedures for implementing EU asylum directives, and Lord Hoffman acknowledged in Nasseri that the practice there for dealing with asylum applications may leave something to be desired and that very few applicants were accorded refugee status. [read post]
6 Mar 2020, 3:19 am
This is largely derived from the reasoning of Lord Wilberforce in General Tire v Firestone Tyre and Rubber Company Limited [1975] 2 All ER 173 – a patent case in which it was held that "[d]amages should be liberally assessed but.. the object is to compensate the plaintiffs and not punish the defendants".The court is looking for the royalty which "would have been arrived at in negotiations between the parties, had each been making reasonable use of their… [read post]
27 Apr 2020, 11:00 pm
This is reinforced by inter alia the decision of the English and Welsh Court of Appeal, per Lord Justice Longmore, in Fiona Trust and Holding Corp & Ors v Skarga & Ors [2012] EWCA Civ 275. [read post]
7 Feb 2022, 12:56 pm
Beyer is quoted, and his article Will Contests—Prediction and Prevention is cited in the following case: Matter of Last Will and Testament of Beard v. [read post]
22 Jul 2010, 3:24 am
’ This interpretation was in turn rejected by the European Court of Human Rights in Gillan and Quinton v. [read post]
14 Aug 2015, 9:15 am
Some exhibits (e.g. the original fabric from the leading non-identical artistic work infringement decision in Designers Guild v Russell Williams, which this Kat has still never seen) are going to be kept but others -- including the photos of the jif lemon and Borden ReaLemon in Reckitt & Colman v Borden) are going to be ditched, if they haven't already. [read post]
8 Jan 2012, 4:25 pm
According to the Irish Independent, Murphy has been granted leave to serve a claim for damages. [read post]
21 Sep 2020, 6:43 am
The leading cases on the nature and extent of the constitutional right to freedom of expression at Irish law are Irish Times v Ireland [1998] 1 IR 359, [1998] 2 ILRM 161 (2 April 1998) (doc | pdf) and Murphy v Independent Radio and Television Commission [1999] 1 IR 12, [1998] 2 ILRM 360 (28 May 1998) (doc | pdf) (which I have considered here); but the insights in these cases have not been applied to or in the defamation context.… [read post]
