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5 Jan 2018, 9:09 am
Sir Mark Potter and Sedley LJ concurred. [read post]
3 Jan 2018, 4:00 am
” (“The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation” (1976) 85 Yale LJ 1060 at 1060). [read post]
31 Dec 2017, 2:00 pm
(ljs) [read post]
31 Dec 2017, 12:22 pm
Laws LJ explained why in Marshalls Clay Products Ltd v Caulfield, Clarke v Frank Staddon Ltd [2004] ICR 1502 at [32]: The rules of precedent or stare decisis cognisable here are given by the common law . . . [read post]
29 Dec 2017, 8:16 am
The Court of Appeal However, by directing the SSHD to make a fresh decision on whether to admit the respondents to the UK, Irwin LJ reversed Foskett J’s finding on the extension of the Convention to the SBAs. [read post]
29 Dec 2017, 8:16 am
Even so, Irwin LJ found this “unpersuasive” because in his view “the fact that the official mind was Janus-faced cannot determine the law. [read post]
29 Dec 2017, 8:00 am
In particular, Irwin LJ used Lord Carnwath’s conclusion on the correctness of Harrison to justify his own approach that the Zambrano principle could not be regarded as a back-door route to residence by non-EU citizen parents. [read post]
29 Dec 2017, 7:59 am
Critically, Elias LJ had hit the nail on the head in Harrison (Jamaica) [2012] EWCA Civ 1736. [read post]
29 Dec 2017, 7:59 am
Because “benefits tourism” and the burden on the state must be reduced, like Arden LJ it was “impossible” for Lord Carnwath to hold that the objectives underpinning the regulations fell outside the wide margin of discretion allowed to national governments in this field. [read post]
24 Dec 2017, 2:00 pm
(ljs) [read post]
24 Dec 2017, 2:19 am
FilteringHowever, in the Cartier case [here; if I am not mistaken, this was the first time that in the UK the online intermediaries targeted by an injunction ever appealed the decision and resulting order] the issue of costs has taken centre stage, especially in light of the dissent of Briggs LJ in the Court of Appeal [here]. [read post]
21 Dec 2017, 2:58 am
”(para 118) Issue 7; receivership orders By a majority of 4:1 (Lord Mance dissenting), the Supreme Court held that the receivership order ought to be restored: Lord Clarke (with whom Lords Sumption, Hodge and Neuberger agreed) held that: > Since the situs of the debts was London, whereas Moore-Bick LJ had been bound to find that the situs was New York, it was open to the Supreme Court to consider the matter afresh (para 53). [read post]
21 Dec 2017, 2:57 am
The receivership order ought not to be grated because the connection between SOMO and the jurisdiction was tenuous (unanimously) and because such an order would interfere with CBI’s collateral right (Moore-Bick LJ). [read post]
20 Dec 2017, 2:00 pm
(ljs) [read post]
13 Dec 2017, 2:00 pm
(ljs) [read post]
12 Dec 2017, 2:00 pm
(ljs) [read post]
11 Dec 2017, 2:00 pm
(ljs) [read post]
2 Dec 2017, 7:25 am
Nourse LJ defined it as "a work of action, with or without words or music, which is capable of being performed before an audience”. [read post]
25 Nov 2017, 2:00 pm
(ljs) [read post]
24 Nov 2017, 8:37 am
It was, however, adverted to in the Court of Appeal, where Sharp LJ said: I can quite see why there was no issue below that it was the unexpressed intention of the parties that Mr. [read post]
