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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]
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]
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
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]
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]
28 Jan 2015, 5:01 am
The appeal was heard before Lord Justice Richards, Lord Justice Davis and Lord Justice Lloyd Jones. [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]
12 Aug 2023, 11:41 pm
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
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]
30 Jul 2021, 3:56 am
Access to justice The case of (UNISON) v Lord Chancellor [2017] UKSC 51; [2020] AC 869 is concerned with the lawfulness of policy which impedes an individual’s access to a court or tribunal. [read post]
19 Jul 2017, 3:10 am
The appellant was named and the case name is now Khuja (formerly known as PNM) v Times Newspapers. [read post]
10 Jun 2011, 8:45 am
The Secretary of State is obliged to follow policy absent good reason not to do so (Kambadzi per Lord Hope at §36; Lord Kerr at §85). [read post]
1 Sep 2016, 8:17 am
The arguments Appellant The appellant argued that the Court of Justice (CJEU) decision in Richards v Secretary of State for Work and Pensions (C-423/04) demonstrated that the art 4 prohibition on gender discrimination extended to those who had acquired gender by later reassignment. [read post]
17 Jan 2017, 2:35 am
According to Lord Neuberger these are qualified by a public policy exception. [read post]
16 Aug 2016, 7:27 am
Lords Hughes and Toulson disagreed with the majority on this issue. [read post]
29 Jul 2015, 2:36 am
Lord Gill and Lord Neuberger also gave separate concurring judgments. [read post]
6 Feb 2014, 1:27 am
Fili Shipping Co., UK House of Lords). 8) In the facts, MSM stated that the Deed was voidable at its option for false representation and fraud. [read post]
3 Jun 2011, 3:38 am
The House of Lords had previously thought that the scheme was lawful, in R (S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196. [read post]