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5 Apr 2016, 7:05 am
The event will mark the 50th anniversary of the United States Supreme Court decision, Miranda v. [read post]
29 Jul 2015, 3:54 am
Lord Hale stated the appellant was clearly entitled to a declaration that the application of the settlement criterion breached her rights under art 14 and A2P1 of the convention. [read post]
8 Nov 2017, 10:48 pm
Lord Sumption stated that the English position is clear - the prosecution history is only referred to in exceptional circumstances [Merpel - are those exceptional circumstances clear?]. [read post]
30 May 2011, 11:37 pm
Lord Rodger alone dissented. [read post]
1 Aug 2022, 7:39 am
On 29 June 2022, the Supreme Court unanimously dismissed the appeal in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19. [read post]
24 Nov 2011, 7:51 am
Applying Stack and Oxley v Hiscock [2004] EWCA Civ 546, the judge at first instance accepted this contention, stating that he had to consider what was just and fair between the parties having regard to the whole course of dealing between them. [read post]
19 Nov 2015, 8:00 am
In terms of materiality, he considered the House of Lords’ decision in Livesey (formerly Jenkins) v. [read post]
25 Mar 2014, 1:46 pm
In giving the lead judgement in the Court of Appeal, Lord Justice Moore-Bick, quoted extensively from the judgment of Lord Justice Diplock in Tappenden v Artus (Tappenden v Artus [1964] 2 Q.B. 185). [read post]
25 Jan 2010, 4:51 am
The origin is in a 1971 English divorce case, McKenzie v McKenzie. [read post]
3 Sep 2018, 8:14 am
The York Antwerp Rules state three clear principles, all of which must be met in order for the rule to be applied. [read post]
23 Aug 2008, 11:56 am
He therefore granted the husband permission to appeal.Commentary: As Lord Justice Wilson stated, speciously making themselves bankrupt is "a tactic now not uncommonly employed by some devious husbands intent upon obstructing the claims of their wives following divorce". [read post]
29 Nov 2022, 12:15 am
In Trajkovski Invest AB v. [read post]
24 Mar 2016, 5:00 am
While the Secretary of State’s decision could be judicially reviewable, it would not be appropriate for a national court to substitute its own assessment for the decision of the member states which constituted the committee. [read post]
16 Nov 2015, 1:00 am
The UKSC Appeal The appeal will be heard on 18 and 19 November 2015 by a panel of five comprising Lord Neuberger, Lord Mance, Lord Wilson, Lord Sumption and Lord Carnwath. [read post]
9 Nov 2018, 7:35 am
Since he was aged 19, in principle AP qualified for leave to remain under rule 276ADE(1)(v) and it was thus possible to dispose of the appeal by agreement failing which it fell to be considered in accordance with the law stated in the court’s judgment without passing an order. [read post]
24 Aug 2016, 1:42 am
Lord Wilson stated in his judgment that stage one had been complied with, the oral explanation that the recall was a result of L’s mental health having deteriorated was sufficient to satisfy stage one of the process. [read post]
15 Aug 2018, 5:44 am
The two key cases are Province of Bombay v Municipal Corporation of the City of Bombay [1947] AC 58 and Lord Advocate v Dumbarton District Council [1990] 2 AC 580. [read post]
8 Feb 2018, 3:12 am
The inviolability of documents which are part of a mission archive under arts 24 and 27(2) of the VCDR makes it impermissible to use such documents (or copies) in a domestic court of the host country, absent extraordinary circumstances such as state security, or express waiver from the mission state. [read post]
29 Dec 2017, 7:59 am
Lords Clarke, Wilson and Sumption agreed with Lord Carnwath’s lead judgment and Lady Hale delivered a concurring judgment. [read post]
19 Mar 2014, 1:42 am
In addressing the very nature of human rights law, Lord Reed called with approval upon the words of Lord Cooke in R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532: “The truth is, I think, that some rights are inherent and fundamental to democratic civilised society. [read post]
