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23 Jan 2018, 3:57 am by ISAAC RICHARDSON
The decisions so far On the first issue, the courts below were necessarily bound by the principle espoused by the House of Lords in R v Bancoult (no 2) [2009] 1 AC 453: that declarations of application attach not to the land which is contained in the territory of the signatory state, but instead to the ‘political entities’ about which the declaration is made; with the result that a declaration lapses whenever a ‘new political entity’ is formed. [read post]
15 Mar 2018, 6:13 am by CMS
Cathryn Houston, trainee solicitor at CMS, considers the case of Navigators Insurance Company Limited and others v Atlasnavios-Navegacao LDA (formerly Bnavios-Navegacao LDA), which is due to be heard by the UK Supreme Court on Tuesday 20 March 2018: On 20 March 2018, the UK Supreme Court (sitting in a panel comprising Lord Mance, Lord Sumption, Lord Carnwath, Lord Hughes, Lord Briggs) will hear this appeal relating to the interpretation and… [read post]
13 May 2008, 1:19 pm
Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren’t any), the ECtHR has decided to put a large stick in the spokes. [read post]
For this reason, Mr Anson had paid federal and state tax in the US on his share of HV’s profits. [read post]
15 Feb 2022, 5:35 am by Fiona Folkson
[v] The Bill could therefore be introduced as soon as May 2022, although much of the detail is yet to be revealed. [read post]
25 Jan 2012, 1:34 am by Rebecca Griffiths, Olswang
On 17 to 19 January 2012, the Supreme Court heard an appeal in the case of Homer v Chief Constable of West Yorkshire Police and Seldon v Clarkson Wright and Jakes . [read post]
17 Aug 2017, 3:26 am by Rachel Zani, CMS
It had not been shown that the higher fee charged for type B claims was more effective in transferring the cost of the service from taxpayers to users and charging higher fees for type B claims had not been shown to be a proportionate means of achieving the stated aims of the fees regime. [read post]
16 Dec 2015, 3:58 am by Matrix Legal Information Team
In delivering the leading judgment, Lord Neuberger stated that the effect of Henderson J’s “unless” order, coupled with Hildyard J’s finding that the appellants had failed to comply with the disclosure requirements in that order, was that the appellants were debarred from defending the claim unless they were granted relief from sanctions under CPR 3.9. [read post]
28 Jul 2012, 5:44 pm by INFORRM
The appeal by way of case stated in the “Twitter joke” case (Chambers v DPP) has been allowed. [read post]
8 Dec 2011, 8:32 am
In AJ v JJ & Ors [2011] EWCA Civ 1448 the court was required to deal with the situation where the children wished to have their views heard in an abduction case.Lord Justice ThorpeThe Facts: As Lord Justice Thorpe said giving the leading judgment, on the face of it this was a paradigm case for a return order. [read post]
18 Nov 2010, 1:59 am by INFORRM
Lord Justice Maurice Kay gave the only judgment and Lord Neuberger and Lord Justice Sedley agreed. [read post]
25 Apr 2017, 3:12 am by ASAD KHAN
In G v UK [2011] ECHR 1308, Strasbourg held that his complaint was inadmissible. [read post]
8 Jul 2010, 12:30 am by Adam Wagner
HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 (07 July 2010) - Read Judgment The Supreme Court has ruled that the government’s “Anne Frank” policy of sending back gay refugees to their home countries where they feared persecution is unlawful as it breached their human rights.. [read post]
28 Jan 2015, 5:01 am by Lauren Wood, Olswang LLP
The appeal was heard before Lord Justice Richards, Lord Justice Davis and Lord Justice Lloyd Jones. [read post]
12 Aug 2023, 11:41 pm by Frank Cranmer
Athwal v State of Queensland [2023] QCA 156 considered the constitutionality of the prohibition under Queensland’s Weapons Act 1990 on bringing a kirpan into a school. [read post]
12 Jun 2012, 2:00 am by Grace Capel
Lord Walker stated that it is “certainly disturbing” [93]. [read post]
1 Feb 2010, 8:29 am
I have been working my way through the mammoth (484 paragraphs plus chronology) judgment of Mr Justice Charles in J v J [2009] EWHC 2654 (Fam). [read post]