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29 Jun 2018, 7:57 am by CMS
Lord Hodge (on behalf of Lady Hale, Lord Hughes and Lord Lloyd-Jones) delivered the majority view, with only Lord Briggs dissenting. [read post]
14 Jun 2018, 7:12 am by CMS
This situation was “equivalent to contract” (in that, but for the absence of consideration, there would be a contract (Nocton v Lord Ashburton [1914] AC 932)) and therefore a duty of care would be owed (although it was not found on the facts of Hedley Byrne v Heller because of a disclaimer). [read post]
10 Jun 2018, 4:23 pm by Giles Peaker
In O’Rourke v Camden LBC (1998) AC 188, the H [read post]
1 Jun 2018, 12:43 am by ASAD KHAN
The court refused to do violence to clearly drafted statutory language by adding the word “normally” before “no public interest in removal”. [read post]
29 May 2018, 4:05 pm by INFORRM
As Lord Reid explained in that case, at p 1033, Julius v Bishop of Oxford 5 App Cas 214 is itself authority for going behind the words which confer a statutory power to the general scope and objects of the Act in order to find what was intended. [read post]
The wording considered was “All variations to this Licence must be agreed, set out in writing and signed on behalf of both parties before they take effect”. [read post]
22 May 2018, 9:01 pm by Sherry F. Colb
Over the last few years, I have puzzled over the refusal of some people to refer to trans men as men and trans women as women. [read post]
18 May 2018, 8:11 am by CMS
Lord Sumption – with whom Lady Hale, Lord Wilson and Lord Lloyd-Jones agreed – found that the proper understanding of party autonomy is that parties may agree to bind their future conduct. [read post]
8 May 2018, 6:37 am
Lord Justice Kitchin ran through jurisprudence including the CJEU’s decisions in Pammer (2010), L'Oréal v eBay (2011), and Nintendo (September 2017) along with the German Supreme Court’s Parfummarken (November 2017). [read post]
7 May 2018, 3:52 am by INFORRM
Internet and Social Media The House of Lords Communications Committee continued its inquiry into internet regulation. [read post]
6 May 2018, 12:11 pm by Giles Peaker
As per Lord Neuberger in Knowsley Housing Trust v White [2008] UKHL 70 “In my view, on a fair reading of section 85, it is open to the court to include a proleptic discharge provision in a suspended order for possession. [read post]
3 May 2018, 4:42 pm by INFORRM
“ Courts in Ireland (Mulvaney v Betfair), the England (Kaschke v Gray, England and Wales Cricket Board v Tixdaq) and France (TF1 v Dailymotion) have reached similar conclusions (albeit in Tixdaq only a provisional conclusion). [read post]
3 May 2018, 8:10 am by Dave
  In this decision, by different routes, the Court of Appeal has held that the House of Lords decision in R v Tower Hamlets LBC ex parte Ferdous Begum [1993] AC 509 remains good law, thus effectively putting to one side the significant developments in what I would call the governmentality of persons without capacity. [read post]
30 Apr 2018, 10:29 am by Graham Smith
"  Courts in Ireland (Mulvaney v Betfair), the UK (Kaschke v Gray, England and Wales Cricket Board v Tixdaq) and France (TF1 v Dailymotion) have reached similar conclusions (albeit in Tixdaqonly a provisional conclusion). [read post]
30 Apr 2018, 1:00 am by Matrix Legal Support Service
The hand down panel will be Lord Mance, Lord Kerr and Lady Black. [read post]
25 Apr 2018, 11:17 pm by Ben Reeve-Lewis
Collins (2001) where the House of Lords held:- “The word ‘Dwelling’ is not a term of art with a specialised legal meaning. [read post]
25 Apr 2018, 11:17 pm by Ben Reeve-Lewis
Collins (2001) where the House of Lords held:- “The word ‘Dwelling’ is not a term of art with a specialised legal meaning. [read post]