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1 Feb 2011, 1:59 am
Jones v Jones [2011] EWCA Civ 41; [2011] WLR (D) 26 “Even if an earning capacity might also sometimes be relevant to a fair distribution of the assets pursuant to the sharing principle, it did not follow that the earning capacity should itself be treated as one of those assets, still less that an attempt should be made to capitalise it. [read post]
4 Apr 2007, 5:28 am
First, she talks about the internal Court politics involved in Bush v Gore...Second, Greenburg talks about the effect that Justice Thomas has had on the Court...Just read the book already so I can stop trying to sell it to you. [read post]
6 Mar 2009, 6:02 am
There'll no doubt be a bunch of them, but the law firm client alerts about Wyeth v. [read post]
5 Mar 2010, 2:14 am
Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62 “The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time. [read post]
10 May 2010, 2:57 am
Regina v Neish [2010] EWCA Crim 1011; [2010] WLR (D) 116 “The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002. [read post]
13 Apr 2010, 2:33 am
Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95 “When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not. [read post]
6 Oct 2010, 7:15 am
Beginning this Term’s series of five-minute podcasts on oral argument days, we have two new podcasts below with attorneys who filed briefs on both sides of Snyder v. [read post]
10 Sep 2019, 5:05 pm
At about 2 a.m. on September 8th, Coast Guard Sector Charleston watchstanders were notified that the M/V GOLDEN RAY, a 656-foot cargo ship, had capsized in the St. [read post]
30 Jul 2010, 2:47 am
Regina v Dunn [2010] EWCA Crim 1823; [2010] WLR (D) 207 “The fact that an appeal from the Court of Appeal, Criminal Division only lay to the Supreme Court if the Court of Appeal certified that a point of law of general public importance was involved in its decision did not amount to a denial of the essence of an appellant’s right of access to the Supreme Court and was not incompatible with articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental… [read post]
23 Aug 2010, 1:57 am
Regina v Hamer [2010] WLR (D) 235 “A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such. [read post]
3 Dec 2010, 1:52 am
Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310 “The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. [read post]
2 Aug 2010, 2:20 am
Regina v Rollins [2010] UKSC 39; [2010] WLR (D) 210 “The power of the Financial Services Authority to institute criminal proceedings was not limited to the offences referred to in ss 401 and 402 of the Financial Services and Markets Act 2000; in particular the FSA had power to prosecute offences of money laundering under ss 327 and 328 of the Proceeds of Crime Act 2002. [read post]
12 Mar 2010, 3:16 am
Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73 ”Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. [read post]
25 Apr 2012, 2:45 am
Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119 “Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification. [read post]
12 May 2019, 11:42 am
The crew of four abandoned ship after the F/V Clyde began taking on water after reportedly hitting a rock south of Atka Island, Saturday. [read post]
16 Nov 2010, 2:04 am
Regina v Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289 “When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors. [read post]
22 Mar 2010, 3:49 am
Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82 “There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. [read post]
4 Mar 2011, 3:41 am
Regina v Grout [2011] EWCA Crim 299; [2011] WLR (D) 70 “Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity. [read post]
4 Mar 2010, 2:30 am
Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61 “Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence. [read post]
7 May 2010, 2:17 am
Regina v Y (A) [2010] EWCA Crim 762; [2010] WLR (D) 112 “Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1). [read post]
