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28 Aug 2015, 7:30 am
He applied his Guidance on the Identification of the Ordinary Residence of People in Need of Community Care Services, England, which purported to apply the House of Lords judgment in R v Barnet LBC, ex parte Shah [1983] 2 AC 309 and Turner J’s judgment in R v Waltham Forest, ex parte Vale The Times, 25 February 1985. [read post]
9 Jul 2012, 4:50 am
RT (Zimbabwe) v Secretary of State for the Home Department and KM v Secretary of State for the Home Department, heard 18 – 19 June 2012. [read post]
29 Apr 2015, 3:03 am
Lord Carnwath stated that the CJEU said producing a plan complying with art 23(1) did not itself mean the member state had met its obligations under art 13, and it was for the national court to take “any necessary measure” so that the authority establishes a plan required by the Directive when there had been a failure to comply with art 13 and lack of application to postpone the deadline under art 22. [read post]
27 May 2020, 1:49 am
Lord Carnwath delivered the sole judgment for the Court with which the other Justices agreed. [read post]
28 Jun 2014, 3:23 pm
X v UK is inconsistent with other more persuasive authorities like Airey v Ireland, Steel & Morris v UK (2005) 41 EHRR 22, and W v UK (1988) 10 EHRR 29 which, significantly, is a family law authority. [read post]
25 Feb 2015, 2:41 am
The distribution of that money in the Member State is jointly determined under a Partnership Agreement which must be proposed by the Member State and approved by the Commission. [read post]
11 Mar 2011, 1:35 am
That relaxation was developed in the subsequent House of Lords decision in Barker v Corus and by the introduction of section 3 of the Compensation Act 2006. [read post]
28 Oct 2016, 3:34 am
Lord Sumption pointed out that it was not expressly stated in the ADA that the authority to collect payments was irrevocable, nor was it stated that such an authority should survive termination. [read post]
7 Sep 2017, 1:42 pm
In United States v. [read post]
20 Jul 2022, 4:24 am
The correct approach is to follow the guidance which was stated to be “authoritative” in KO (Nigeria), namely the direction in the Upper Tribunal case of MK (Sierra Leone) v Secretary of State for the Home Department [2015] INLR 563 (“MK”). [read post]
9 Jul 2015, 4:43 pm
But a few paragraphs later he opines in the same way as Lord Toulson and states that “I agree with Lord Toulson that on the facts here the criminal nature of what the appellant was doing was not an aspect of his private life that he was entitled to keep private”. [read post]
15 Feb 2012, 1:33 am
The principle espoused by Lord Bingham in R (Ullah) v Special Adjudicator [2004] 2 AC 323 should not mean that the domestic courts are bound to a course of inaction. [read post]
23 Apr 2023, 1:08 pm
Kennedy v. [read post]
21 Oct 2015, 2:36 am
In giving the lead majority judgment Lord Mance stated that although the present situation may not have been foreseen by the legislature, it is not a reason for reading into clear legislation a specific exemption which would not reflect the scope of any exemption in EU law. [read post]
18 Apr 2019, 2:22 am
The Supreme Court Lady Hale, Lord Wilson, Lady Black, Lord Lloyd-Jones and Lady Arden dismissed the appeal on both points. [read post]
13 Oct 2011, 6:26 am
AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011 When you breathed in asbestos fibres from your dusty shipbuilding job on the River Clyde in the 1950s and 1960s, some of those fibres stuck around in the lungs. [read post]
27 Oct 2014, 7:48 am
Appeal to the Supreme Court Lord Neuberger, Lord Clarke, Lord Sumption, Lord Hughes and Lord Hodge heard the appeal on 13 October 2014. [read post]
10 Nov 2011, 3:54 am
It is established in Strasbourg and domestic jurisprudence that in certain “well-defined circumstances” art 2 will impose “a positive obligation on [state] authorities to take preventative operational measure” to protect the life of an individual (Osman v UK (2009) 29 EHRR 245 at 115). [read post]
15 Feb 2010, 11:52 pm
In the case of Johnston v NEI International Combustion [2007] UKHL 39, the House of Lords held that such pleural plaque claims were not compensatable under the current laws. [read post]
10 May 2012, 5:48 am
The case was heard in April by the Supreme Court Justices Lord Hope, Lord Kerr, Lord Clarke, Lord Dyson and Lord Reed. [read post]
