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25 Oct 2023, 10:26 pm
The relevant principles, both at common law and under Article 9, had been set out by Munby LJ in Re G (Education Religious Upbringing) [2013] 1 FLR 677 at [20-51]. [read post]
23 Oct 2023, 11:39 am
Lloyd LJ in that case held in effect that where a tenancy deposit was held under an assured shorthold tenancy which then converted into a statutory periodic tenancy, the deposit would continue to be held in relation to the statutory tenancy as it was held in relation to the assured shorthold tenancy. [read post]
17 Oct 2023, 2:26 am
In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
15 Oct 2023, 4:51 pm
Warby LJ, with whom Laing LJ and Peter Jackson LJ agreed, upheld the conclusion that the legislative scheme requires the Commissioner to receive and consider a complaint and then provides the Commissioner with a broad discretion as to whether to conduct a further investigation and, if so, to what extent [80]. [read post]
9 Oct 2023, 4:18 pm
Warby LJ held that “In this case, the judge evidently concluded that the meaning of the claimants’ tweets was not as limited as they sought to content. [read post]
4 Oct 2023, 4:30 pm
Evidence relied upon by the claimant to establish that publishees did understand the publication to refer to him/her is admissible, but not determinative, on the issue of reference: Monir [103] … On appeal, [2023] EWCA Civ 884 (25 July 2023), Dingemans and Warby LJJ (in a joint judgment; Briss LJ concurring) held 33. [read post]
1 Oct 2023, 10:16 am
The claim, which was brought against the Circuit Judge and the Rt Hon LJ Arnold, as well as the Trustees, had been struck out as disclosing no reasonable grounds and a collateral attack on the previous possession judgments. [read post]
1 Oct 2023, 6:30 am
Take this extra-judicial statement of Sales LJ, (now Lord): Statutes are legal instructions transmitted into an existing, highly developed framework of legal values and expectations. [read post]
23 Sep 2023, 11:00 pm
The affected models are pre-July 2019 production and have the following two-letter production code on backside of the crank arm where the pedals are attached: KF, KG, KH, KI, KJ, KK, KL, LA, LB, LC, LD, LE, LF, LG, LH, LI, LJ, LK, LL, MA, MB, MC, MD, ME, MF, MG, MH, MI, MJ, MK, ML, NA, NB, NC, ND, NE, NF, NG, NH, NI, NJ, NK, NL, OA, OB, OC, OD, OE, OF, OG, OH, OI, OJ, OK, OL, PA, PB, PC, PD, PE, PF, PG, PH, PI, PJ, PK, PL, QA, QB, QC, QD, QE, QF, QG, QH, QI, QJ, QK, QL, RA, RB, RC, RD, RE,… [read post]
29 Aug 2023, 11:20 am
In Avon Ground Rents Ltd v Cowley (2019) EWCA Civ 1827, to which Mr Morris also referred, Nicola Davies LJ approved, at (31), this Tribunal’s conclusion in the same case that “whether an amount is reasonable as a payment in advance is not generally to be determined by the application of rigid rules but must be assessed in the light of the specific facts of the case”. [read post]
28 Aug 2023, 4:30 am
Diplock LJ recommended that we should give up on trying to rationalise it. [read post]
14 Aug 2023, 2:34 pm
Significantly, in Day v Coltrane [2003] 1 WLR 1379, while finding that tendering of a cheque for rent arrears before a possession hearing counted as payment (on the conditional basis), Tuckey LJ added “In the absence of express or implied agreement, the landlord is not bound to accept a last-minute cheque. [read post]
13 Aug 2023, 9:48 am
Following the guidance given by Lewison LJ at para 70-71in London Borough of Wandsworth v NJ (2013) EWCA Civ 1373 (our note) in relation to the predecessor version of the regulation, the review officer should have considered whether the new information raised a deficiency in the original decision, which it clearly did, and then whether to issue a minded to letter. [read post]
11 Aug 2023, 8:40 am
Following the decision of Arden LJ in Giles v Rhind, the Court of Appeal determined that ‘breach of duty’ is applicable to any legal wrongdoing. [read post]
10 Aug 2023, 4:00 am
In this episode, Stephanie talks with LJ Finney about why golf is great for networking and business development and so much more! [read post]
7 Aug 2023, 7:48 am
Judgment Underhill LJ, with whom the Lord Chief Justice agreed, rejected his arguments [37]. [read post]
3 Aug 2023, 2:12 pm
(LJ)More Than a Glitch: Confronting Race, Gender, and Ability Bias in Tech — A Book Review was originally published in walawlibrary on Medium, where people are continuing the conversation by highlighting and responding to this story. [read post]
3 Aug 2023, 7:27 am
" Yale LJ 107 (1997): 2583. [read post]
2 Aug 2023, 2:14 am
Arnold LJ did not accept these arguments for two reasons. [read post]
25 Jul 2023, 4:00 am
Assessment of confidentiality dispute Arnold LJ noted that the correct classification of the information in dispute was alleged technical trade secrets (as opposed to just ”confidential information”). [read post]
