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23 Apr 2008, 4:44 am
This case is about a civil action against the police, who shot dead an unarmed man when raiding his home to arrest him. [read post]
18 Jun 2009, 9:29 am
Yesterday's judgment in this case is interesting: their Lordships have decided that Kerrie Gray, who was injured in the Ladbroke Grove rail crash of 1999, cannot recover damages in negligence from Thames Trains and Network Rail for the consequences of his own criminal acts. [read post]
17 Jun 2009, 9:56 am
I said I'd write about the case; and now, finally, I am doing. [read post]
14 Aug 2011, 10:15 pm
It will be remembered that this was one of Lord Justice Jackson’s main proposals. [read post]
11 Jul 2012, 2:13 am
Lord Reed hands down the judgmentThe Supreme Court judgment in the Scottish case ANS (Respondent) and another v. [read post]
28 Nov 2018, 2:13 am
On appeal from: [2017] EWCH 214 (Admin) This appeal considered whether, but for the House of Lords decision in R (Clift) v Secretary of State for the Home Department [2007] 1 AC 484, the statutory provisions on release of extended determinate sentence (EDS) prisoners are discriminatory and incompatible with ECHR, art 14. [read post]
17 Mar 2009, 6:06 pm
Lord Hope, Lord Rodger and Lord Walker argued that the difficulty of separating agreed fact from offer of settlement was such that the prospect would inhibit open negotiations between parties. [read post]
30 Mar 2009, 11:14 am
We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. [read post]
1 Dec 2014, 8:19 am
The lead judgment was given by Lady Hale, with Lord Neuberger, Lord Mance, Lord Clarke and Lord Reed unanimously agreeing with her findings. [read post]
11 Sep 2020, 1:35 am
Author Ham - Licence CC BY-SA 3.0, Source Wikipedia Jane Lambert Court of Appeal (Lords Justices David Richards, Newey and Arnold) TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020) This was a judgment on two appeals. [read post]
3 Mar 2008, 1:29 am
Regina (M) v Hammersmith and Fulham London Borough Council House of Lords “Where a child had been provided with accommodation by a local authority's housing department but had not come to the attention of its children's services department, she was not entitled to further council support in her own right. [read post]
17 Dec 2008, 10:26 am
Earl Cadogan and Another v Sportelli and Another and Other Appeals House of Lords “Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement. [read post]
25 Nov 2010, 4:03 am
Lord Justice Jacob, with whom Mr Justice Kitchin and Lord Justice Longmore noddingly concurred, said "31. [read post]
10 Apr 2008, 12:39 am
Regina (Gentle and Another) v Prime Minister and Others House of Lords “The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion. [read post]
10 Aug 2007, 1:44 am
Husband not liable for tax on his wife's private dividend Jones v. [read post]
6 Aug 2008, 8:12 am
McKinnon v Government of the United States of America House of Lords “A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
5 Jul 2007, 2:12 am
When permission is required before issuing legal proceedings Seal v Chief Constable of South Wales Police House of Lords “A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings. [read post]
11 Apr 2008, 2:11 am
McGrath and Others v Riddell and Another House of Lords “The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up. [read post]
3 Nov 2008, 10:34 am
Scottish and Newcastle plc v Raguz House of Lords “Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them. [read post]
