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27 Jan 2012, 5:47 am
The Appeal The main ground of appeal was based on the common law right of access to court, established in Raymond v Honey [1983 1 AC.1, 13] and a series of pre Human Rights cases such as R v Secretary of State for the Home Department, Ex parte Leech [1994] QB 198, and R (Anufrijeva) v Secretary of State for the Home Department [2004] 1 AC 604 at 621[26]. [read post]
9 Mar 2020, 2:49 am
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd), heard 12-13 November 2019. [read post]
18 Jan 2011, 7:29 am
In its original application to Strasbourg MGN contested the decision of the House of Lords in Campbell v MGN ([2004] 2 AC 457) that it breached Ms Campbell’s privacy by the publication of an articles in February 2001 in which it divulged details about her drug addiction therapy. [read post]
3 Dec 2010, 12:21 am
Lord Phillips also re-named the defence as “honest comment” (as opposed to Court of Appeal in BCA v Singh [2010] EWCA Civ 350, which favoured “honest opinion” [35]) and called on the Law Commission to consider and review the present state of the defence. [read post]
2 Oct 2014, 5:07 pm
Among the examples to come before the courts in recent years have been repeated offensive publications in a newspaper (as in Thomas); victimisation in the workplace (Majrowski v Guy’s and St Thomas’s NHS Trust[2007] 1 AC 224 ); and campaigns against the employees of an arms manufacturer by political protesters:EDO Technology Ltd v Campaign to Smash EDO[2005] EWHC 2490 (QB). [read post]
13 Feb 2017, 7:04 am
(The House of Lords has had cause to address earlier iterations of this offence, but through the prism of whether the local authority had complied with its duty to arrange suitable transport to school where necessary: see, for example, Devon CC v George [1989] AC 573.) [read post]
19 Nov 2012, 12:08 pm
The decision in DF by AC v. [read post]
7 Oct 2013, 5:15 am
Manchester Crown Court [2003] 1 AC 787). [read post]
30 Apr 2008, 5:47 am
” Ace Constructors, Inc. v. [read post]
22 Feb 2011, 4:09 pm
Not all speech is protected by freedom of expression rights, and not all protest is legitimate in the eyes of the state. [read post]
7 Dec 2016, 2:11 am
James Wolffe QC, now appears in support of the Respondents. 15.16 Lavery QC states that the will of Parliament should not overrule the will of the Irish people and that the triggering of article 50 without their consent would do just that. 15.14 Lavery QC says that Northern Ireland has a complex constitutional settlement that is legally binding as a result of section 1 of the Northern Ireland Act 1998. 15.10 Lavery QC says that section 1 of the Northern Ireland Act… [read post]
26 Oct 2011, 5:09 am
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
10 Apr 2010, 9:11 am
Clontech Labs, Inc. v. [read post]
16 Oct 2010, 4:42 am
Accordingly there is an obvious public interest in a false and misleading statement being countered or corrected”. [20] The Judge considered the applicable legal principles – dealing with section 12 of the Human Rights Act, the PCC Code and the analysis of section 12(3) in Cream Holdings v Bannerjee ([2005] 1 AC 253). [read post]
13 Sep 2021, 7:05 am
” The court also distinguished United States v. [read post]
16 Sep 2014, 1:36 pm
In Meyer v. [read post]
2 Jun 2017, 1:34 pm
A three-judge panel agreed in Mandel v. [read post]
14 Jun 2013, 7:38 am
Herrmann, United States v. [read post]
8 Feb 2012, 2:27 am
He stated that the judgments in Johnson and Eastwood v Magnox Electric plc; Cornwall County Court v McCabe [2004] UKHL 35 both recognised that provisions in the ERA did not supersede an employee’s common law and contractual rights and he allowed the appeal. [read post]
25 Aug 2014, 9:35 am
Pritchard v. [read post]
