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22 May 2019, 4:58 pm
In Lord Carnwath’s view, the provision in s.67(8) RIPA for a route of appeal to the Secretary of State did not add anything, given that that power had not been exercised and was ultimately an executive power, so did not support the argument that the courts should not have ultimate control [104]. [read post]
14 Jul 2014, 5:31 pm
Further, as Lord Coledridge said in Harris v Qarre (1879) 4 CPD 125, an action for defamation turns not on the fact of a defendant having used defamatory expressions, but the fact of him having used those defamatory expressions. [read post]
23 Jan 2018, 3:57 am
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]
2 Dec 2021, 1:46 am
Lord Lloyd-Jones gives the Court’s judgment. [read post]
17 Aug 2017, 3:26 am
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]
15 Mar 2018, 6:13 am
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]
8 Nov 2017, 5:29 am
Jurisprudence has evolved in the UK, Germany, Netherlands and other member states. [read post]
16 Dec 2015, 3:58 am
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]
16 Dec 2014, 6:38 am
For this reason, Mr Anson had paid federal and state tax in the US on his share of HV’s profits. [read post]
18 Nov 2010, 1:59 am
Lord Justice Maurice Kay gave the only judgment and Lord Neuberger and Lord Justice Sedley agreed. [read post]
25 Apr 2017, 3:12 am
In G v UK [2011] ECHR 1308, Strasbourg held that his complaint was inadmissible. [read post]
10 Aug 2015, 4:55 am
Also see R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16, at paras 105-106 [read post]
28 Jan 2015, 5:01 am
The appeal was heard before Lord Justice Richards, Lord Justice Davis and Lord Justice Lloyd Jones. [read post]
15 Feb 2022, 5:35 am
[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
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]
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]
8 Jul 2010, 12:30 am
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 Jul 2012, 5:44 pm
The appeal by way of case stated in the “Twitter joke” case (Chambers v DPP) has been allowed. [read post]
12 Jun 2012, 2:00 am
Lord Walker stated that it is “certainly disturbing” [93]. [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]