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16 Dec 2015, 2:40 am
Giving the joint leading judgment, Lord Neuberger and Lord Reed stated that the VAT for which a defendant has accounted to HMRC is in a different category from either income or corporation tax, and from expenses incurred in connection with acquiring money or an asset. [read post]
12 Apr 2011, 10:21 am
This is a particularly difficult area of law, which is governed by the House of Lords’ decision in Lawson v Serco [2006] ICR 250. [read post]
25 Sep 2019, 4:41 pm
” A v Secretary of State for the Home Department [2005] 1 AC 68, Lord Bingham. [read post]
23 May 2019, 4:26 am
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]
1 Jul 2011, 12:01 am
Noting that ECHR rights had been incorporated into domestic law, the House of Lords decided that the law breached Articles 8 and 14 of the Convention, even though they took the view that the matter might well be held by Strasbourg to be within the margin of appreciation of member States. [read post]
14 Apr 2010, 5:50 pm
In June 1971 the Lord Chancellor and the Lord Advocate appointed a Committee “to consider whether, in the light of the working of the Defamation Act 1952, any changes are desirable in the law, practice and procedure relating to actions for defamation”. [read post]
1 Sep 2015, 10:54 pm
Church of Our Lord and Savior, Jesus Christ v. [read post]
22 Jul 2014, 8:27 am
Lord Justice McCombe however dismissed this, stating that regardless of whether the report had been misunderstood, it was insufficient basis on which to decline to follow Cherry Tree as decided in curiam. [read post]
26 Jan 2010, 1:32 pm
Plaintiffs also seek an injunction to close the Lord Flat Trail to motorized vehicle use. [read post]
6 Jun 2010, 2:39 am
Nevertheless, the “single meaning” rule has been well established in the law for two hundred years and was endorsed by the House of Lords in Charleston v News Group Newspapers [1995] 2 AC 65. [read post]
4 Mar 2015, 3:13 am
Lord Toulson, Lord Kerr and Lord Neuberger in the majority stated that Hamblen J had reached an entirely proper conclusion that the role played by the appellant, based mainly on its fundraising relating to a small sum solicited by the Sea Shepherd Conversation Society (SSCS), had been of minimal importance. [read post]
14 Sep 2015, 1:00 am
In the Court of Appeal, the court considered the development of the case law, especially the recent cases of Murray v Leisureplay Plc [2005] EWCA Civ 963 and El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1539, stating (per Lord Justice Moore-Bick at paragraph 21): “[T]he modern cases thus appear to accept that a clause providing for payment on a breach of a sum of money that exceeds the amount that a court would award as compensation…may… [read post]
11 Dec 2023, 8:33 am
” The trial Judge’s decision was based on various authorities, from Fielding v Variety Inc [1967] 2 QB 841 (CA) to BHX v GRX [2021] EWHC 770 (QB), and the lower court ultimately dismissed the libel and slander claims for want of serious harm. [read post]
30 Jul 2012, 12:00 am
Lord Walker stated at paragraph 79 that the Woolwich principle should be construed, “as to cover all sums paid to a public authority in response to (and sufficiently causally connected with) an apparent statutory requirement to pay tax which (in fact and in law) is not lawfully due. [read post]
13 Jan 2013, 5:14 am
But the substance of Lord Lester’s objection depends on the judgment of Mr Justice Eady in the case of Mosley v News Group Newspapers ([2008] EWHC 1777 (QB)). [read post]
30 Jul 2008, 3:17 pm
In his leading judgment Lord Justice Thorpe stated:"I would unhesitatingly conclude that the Marbella court was the more appropriate court having regard to the best interests of the children. [read post]
26 Jan 2013, 4:08 pm
As Lord Justice Leveson notes, the question of the relationship between the right of reply and Article 10 was considered by the Court of Human Rights in the case of Melnychuk v Ukraine (Decision of 5 July 2005). [read post]
14 Oct 2015, 2:53 am
Lord Wilson delivered the only judgment in this case. [read post]
25 Jan 2016, 7:31 am
Lord Reed noted that this was contrary to the principle under UK administrative law that a statutory power must be exercised by the person on whom the power has been conferred (R v Deputy Governor of Parkhurst Prison ex parte Hague [1990] UKHL 8 and Leech v Deputy Governor of Parkhurst Prison [1988] UKHL 16 cited). [read post]
21 Feb 2011, 2:14 am
Court of Appeal (Civil Division) MD (Gambia), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 121 (17 February 2011) Test Claimants In the Thin Cap Group Litigation v HM Revenue and Customs [2011] EWCA Civ 127 (18 February 2011) Axa Sun Life Services Plc v Campbell Martin Ltd & Ors [2011] EWCA Civ 133 (18 February 2011) Welford v Transport for London [2011] EWCA Civ 129 (18 February 2011) Bayat Telephone… [read post]
