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3 Dec 2010, 12:21 am by 1 Crown Office Row
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 Dec 2010, 4:13 pm by INFORRM
The elements of the defence of fair comment had been set out by Lord Nicholls in the Hong Kong case of Tse Wai Chun Paul v Albert Cheng [2001] EMLR 777. [read post]
1 Dec 2010, 4:35 pm by INFORRM
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]
26 Nov 2010, 11:59 am
The factual background in Starglade Properties v. [read post]
20 Nov 2010, 2:01 am by INFORRM
Its formal first reading was on 26 May 2010 and its second reading on 9 July 2010: In response to the Bill, the new Government stated a commitment to bring forward its own proposals. [read post]
18 Nov 2010, 1:59 am by INFORRM
Bannerjee: “In my judgment, this case bears no resemblance to the cases that Lord Nicholls had in mind as exceptional. [read post]
10 Nov 2010, 8:12 am by WISCONSIN LAW JOURNAL STAFF
Nichols appeals from a judgment of conviction for failure to pay child support and an order denying his motion for postconviction relief. [read post]
5 Nov 2010, 4:21 am by INFORRM
  It includes the intrinsic worth of human beings shared by all people as well as the individual reputation of each person built upon his or her own individual achievements” (Khumalo v Holomisa [2002] ZACC 12 [27] ) There is social value in ensuring that false statements which adversely impact on a person’s reputation are corrected. [read post]
3 Nov 2010, 3:10 am by Francis Davey
Unsurprisingly, in my view, in the light of Lord Justice Nichols famous dictum in Lloyds Bank Plc v Rosset [1989] 1 Ch 350 (a case with many similar features): "There was, I repeat, physical presence on the property by the wife and her agent of the nature, and to the extent, that one would expect of an occupier having regard to the then state of the property: namely, the presence involved in actually carrying out the renovation necessary to make the house fit for… [read post]
3 Nov 2010, 3:10 am by Francis Davey
Unsurprisingly, in my view, in the light of Lord Justice Nichols famous dictum in Lloyds Bank Plc v Rosset [1989] 1 Ch 350 (a case with many similar features): "There was, I repeat, physical presence on the property by the wife and her agent of the nature, and to the extent, that one would expect of an occupier having regard to the then state of the property: namely, the presence involved in actually carrying out the renovation necessary to make the house fit for… [read post]
29 Oct 2010, 3:57 am by INFORRM
While Article 8 may include a positive obligation on a member state to adopt measures to secure respect for private life between individuals, the state has a wide margin of appreciation as to what is required particularly where there is a balance between competing interests or Convention rights (see, for example, Evans v UK (2008) 46 EHRR 34 at [75], [77]; and see [81])  As a result, Article 8’s influence had led to the development in domestic law of a… [read post]
25 Oct 2010, 7:22 am by James Bickford
Briefly: ACSblog posts a panel discussion of AT&T v. [read post]
22 Oct 2010, 7:18 am by GuestPost
The interpretation of fairness clearly lies within the eye of the beholder, as noted by Lord Nicholls in White v White [2000] UKHL 54 and this concept is where the case law will now develop. [read post]