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21 May 2015, 4:43 am
That was on the basis of the House of Lords decision in Din v Wandsworth LBC and the Court of Appeal decision in Dyson v Kerrier DC. [read post]
27 Oct 2010, 11:28 pm
Strasbourg has not been prepared since deciding that case to accept that exceptional circumstances were present that could justify an exception to the principle laid down in that case; in other words, the writing was on the wall for the system of police questioning practised in Scotland. [read post]
11 Sep 2015, 1:00 am
Lord Hodge did not feel the clear and positive words needed to ensure retrospective effect were present in s 591D(7). [read post]
12 Nov 2020, 6:48 am
The Supreme Court dismissed the appeal by a 3:2 majority, with Lord Hamblen and Lord Leggatt giving the leading judgment (with whom Lord Kerr agreed) and Lord Burrows and Lord Sales each giving dissenting judgments. [read post]
18 Nov 2010, 10:01 pm
Ltd. v. [read post]
1 Apr 2019, 1:00 am
The proposed panel for hand down is Lord Reed, Lord Kerr and Lord Sales. [read post]
13 Jul 2012, 6:54 am
Gow v Grant Mrs Gow went to live with Mr Grant in 2002, when she was 64 and he was 58. [read post]
17 Jun 2019, 1:00 am
The proposed panel for hand down is Lord Reed, Lady Black, Lord Lloyd-Jones and Lord Sales. [read post]
31 May 2012, 5:43 pm
From the word go, the Applicant disavowed any such cause of action. [read post]
16 Oct 2014, 7:54 am
The answer is yes, according to Lord Justice Kitchin for the Court of Appeal in Specsavers & ors v Asda Stores [2014] EWCA Civ1294. [read post]
5 Nov 2014, 4:36 am
., Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited, [2009] EWHC 1095 (Ch), 22 May 2009. [read post]
6 Jul 2022, 2:34 am
Lord Hamblen and Lady Rose dissent. [read post]
23 Jul 2019, 4:29 am
The evil Lord V. is not just a convention of a magnificent writer. [read post]
4 Nov 2011, 12:30 am
Judges in the civil courts must choose their words carefully. [read post]
5 Dec 2010, 12:39 pm
For an elaborate account of the law, interested readers may refer to Chitty on Contracts (30th edition, ¶ 26-010 onwards), McGregor on Damages (18th edition, Chapter 13), and the leading decisions in Astley v Weldon, Dunlop Pneumatic Tyre v New Garage (especially Lord Dunedin) and Phillips v AG of Hong Kong, (1993) 61 BLR 41. [read post]
24 Mar 2014, 6:32 am
I have to say that there were some words of comfort from Lady Hale in the recent case of Dunhill v Burgin. [read post]
14 Jan 2014, 2:22 am
Once upon a time there was the Newspaper Licensing Agency, a relatively stuffy and generally unloved body that was seen by many users of copyright-protected materials as an infernal nuisance and as a meddlesome, bungling litigant, as in the notorious case of Newspaper Licensing Agency Limited v Marks and Spencer Plc, resolved by a powerful speech of Lord Hoffmann in the House of Lords back in 2001 [this case is worth reading for the facts alone: here is a 21st century… [read post]
25 Oct 2017, 4:28 am
In Passananti v. [read post]
24 Jul 2014, 6:58 am
In the words of Lord Justice Rymer, “it was not for the judge, nor is it for this court to remake the parties….. bargain. [read post]
24 May 2011, 5:28 am
He made specific reference to the parliamentary comments of Lord Stoneham, saying that: “If the words attributed to Lords Oakeshott and Stoneham are correct, then these reports disclose a fundamental misunderstanding on the part of them, and on the part of many other commentators, of the facts of the present case. [read post]
