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31 Dec 2017, 5:19 pm by Omar Ha-Redeye
As expected from the Court, there were times when the Chief Justice directly found herself in conflict with the government over Charter rights, notably in the unanimous 2010 decision in Canada (Prime Minister) v. [read post]
31 Dec 2017, 12:22 pm by Giles Peaker
But then there are two previous judgments on this issue, which the Upper Tribunal then turns to: Secretary of State for Work and Pensions v Nelson and Fife Council (2014) UKUT 525 (AAC) (our report here) and Secretary of State for Work and Pensions v Glasgow City Council and IB (2017) CSIH 35 (our report here). [read post]
29 Dec 2017, 1:12 pm by Eugene Volokh
Hill (1987) ("the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers"); United States v. [read post]
29 Dec 2017, 7:59 am by ASAD KHAN
Accepting the government’s submissions, Lord Carnwath held that: … The test is not whether Mrs HC is personally within the scope of EU law in some way. [read post]
29 Dec 2017, 7:34 am by Ben
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
26 Dec 2017, 8:16 am by David Luban
This broad protection of confidentiality is common to all states. [read post]
21 Dec 2017, 8:32 am by ELIZABETH DWOMOH, LAMB CHAMBERS
The personal services Ms Reyes carried out for Mr and Mrs Al-Malki did not form part of Mr Al-Malki’s official functions as a diplomatic agent. [read post]
21 Dec 2017, 4:10 am by DR PAUL DALY, QUEENS' COLLEGE CAMBRIDGE
As Lord Carnwath concluded after his illuminating discussion of the standard required of planning reasons (at paras 35-42), the question will be “whether the information so provided by the authority leaves room for ‘genuine doubt … as to what (it) has decided and why’” (at para 42, citing Sir Thomas Bingham MR in Clarke Homes Ltd v Secretary of State for the Environment (1993) 66 P & CR 263). [read post]
21 Dec 2017, 12:31 am by Orin Kerr
From that perspective Katz was something like United States v. [read post]