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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]
15 Mar 2012, 7:23 am
On 7 March 2012, the Supreme Court gave judgment in seven linked cases, now known as W (Algeria) v Secretary of State for the Home Department [2012] UKSC 8. [read post]
4 Mar 2015, 2:42 am
The Supreme Court stated in dismissing the claim that s 94(5) of the Act reads as referring to countries where its citizens are free from any serious risk of systematic persecution either by the state or by non-state agents. [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]
15 Nov 2017, 2:49 am
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]
30 Jan 2014, 9:53 am
In Blaustein v. [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]
20 Oct 2011, 6:32 am
The father appealed against that decision.Held: Giving the leading judgment, Lord Justice Pill said (at paragraph 7) that the primary issue was the meaning and effect of paragraph 16(1)(b) of Schedule 1 to the Child Support Act 1991, which states that a maintenance assessment will cease to have effect "on there no longer being any qualifying child with respect to whom it would have effect". [read post]
16 Jun 2010, 4:11 am
By way of introduction, Lord Brown noted that the majority in the House of Lords in Secretary of State for the Home Department v JJ [2008] 1 AC 385 held that deprivation of liberty might take a variety of forms other than classic detention in prison or strict arrest. [read post]
15 Sep 2009, 8:31 am
Just who they are varies from state to state, but they've included doctors who can't get hospital privileges anywhere, felons doing time for drug offenses, former EMTs, and . . . . [read post]
21 Dec 2017, 1:00 am
The case was heard by Lady Hale, Lord Sumption, Lord Reed, Lord Hodge, Lady Black. [read post]
14 Aug 2014, 5:30 am
Whoever or United States v. [read post]
24 Aug 2015, 1:30 am
It relied on the judgment of Lord Bingham in Attorney General’s Reference (No 2 of 2001) [2003] UKHL 68, which had stated that time generally runs from the point at which a person is charged or summoned. [read post]
22 Feb 2024, 8:08 am
Justice Munby, in agreement with Lord Justice Thorpe’s comments, stated that the rule has a “baleful effect” and that “something should be done to amend rule 3.17 with a view to implementing Lord Justice Thorpe’s wise proposals”. [read post]
2 Feb 2022, 3:22 am
Applying those principles, Lord Hodge concluded that, in the 2014 Act, Parliament authorised the subordinate legislation by which the Secretary of State has fixed the relevant application fee. [read post]
