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9 May 2011, 2:03 am by Blog Editorial
There are two appeals in the Privy Council this week to be heard by Lords Phillips, Brown, Mance, Kerr and Dyson. [read post]
29 Jul 2015, 3:54 am by Matrix Legal Information Team
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]
17 Mar 2025, 5:36 pm by Mark Tushnet
” The House of Lords held that the statute required only that the Home Secretary subjectively believe that there was reasonable cause (Liversidge v. [read post]
5 Apr 2016, 7:05 am by Liah Caravalho
The event will mark the 50th anniversary of the United States Supreme Court decision, Miranda v. [read post]
1 Aug 2022, 7:39 am by CMS
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 by Stephanie Smith, Arden Chambers.
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 by Alice Grainger, Levison Meltzer Pigott
In terms of materiality, he considered the House of Lords’ decision in Livesey (formerly Jenkins) v. [read post]
3 Sep 2018, 8:14 am by JEMIMA LOVATT
The York Antwerp Rules state three clear principles, all of which must be met in order for the rule to be applied. [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]
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]
9 Nov 2018, 7:35 am by ASAD KHAN
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 Mar 2016, 5:00 am by Lucy Hayes, Olswang LLP
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 by Will Holder, Olswang LLP
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]
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 Nov 2017, 2:49 am by Matrix Legal Support Service
The Court stated that the issues had to be considered in light of the CJEU ruling which had held that, where a national court examines national legislation in the light of the justification relating to the protection of health under TFEU art 36, it is bound to examine objectively whether it may reasonably be concluded that the means chosen are appropriate and the least restrictive for the attainment of the objectives pursued from the evidence submitted by the Member State… [read post]
15 Aug 2018, 5:44 am by HANNAH WILCE
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]