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10 Mar 2024, 12:39 pm by Giles Peaker
No prejudice to the leaseholders had been found by the FTT, pursuant to Daejan Investments Ltd v Benson (2013) UKSC 14. [read post]
24 Apr 2016, 7:00 am by Dennis Crouch
Diehr would have been a much shorter opinion, and Flook and Benson would have come out the other way. [read post]
29 Jun 2010, 10:33 am by Dennis Crouch
The Court based this ruling on the definition of process in Section 100 of the Patent Act and its own precedents (from the 1970’s and 1981) in Gottschalk v Benson, Parker v Flook, and Diamond v Diehr. [read post]
9 Sep 2014, 12:55 pm by Dennis Crouch
(but query the “substantial practical application” language of Benson). [read post]
20 Jan 2017, 8:46 am by Sandy Levinson
Benson that begins the book, that it simply makes good sense, in terms of accepted legal principles, to defer to administrative agencies except under unusual circumstances. [read post]
23 Mar 2011, 5:47 pm
Although the theory that a court merely declares pre-existing law has been described by no less an authority than Lord Browne-Wilkinson as a “fairy tale in which no one any longer believes”, it is clear, as Lord Goff noted (Kleinwort Benson v Lincoln City Council), that retrospectivity of decisionmaking is inevitable in a system that is committed to the doctrine of precedent. [read post]