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19 Apr 2011, 5:17 am by INFORRM
Ward LJ also drew support from the Supreme Court’s judgment in ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4. [read post]
Civil proceedings have, since 1995, advocated this exclusively  objective test (Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 164, confirmed by Barlow Clowes International Ltd v Eurotrust International Ltd [2005] UKPC 37). [read post]
So, the fair hearing has a higher burden of proof than the initial investigation (fair preponderance of evidence v. some credible evidence). [read post]
3 Apr 2012, 8:43 pm by brian
(You can hear more from Florence in an ACS podcast interview. ) via www.aclu.org [ Supreme Court decision @ Florence v. [read post]
24 Apr 2019, 7:28 am by INFORRM
”  This appears to be the first endorsement by an appellate court of the approach taken by Mr Justice Mitting on this issue in the case of TLT v (1) The Secretary of State for the Home Department and (2) The Home Office [2016] EWHC 2217. [read post]
6 Jul 2012, 11:33 am by Rosalind English
Kebilene [2000] 2 AC 326 at 381; and see AXA General Insurance Ltd at [32] (Lord Hope DPSC) and [131] (Lord Reed JSC). [read post]
29 May 2009, 2:36 pm
The position was: (a) that public law defences based on the alleged irrationality of a decision to seek possession could be raised as a defence in the county court - Wandsworth LBC v Winder [1985] AC 461 (b) that Article 8 could not be relied upon to defeat a proprietary or contractual right to possession - Harrow BC v Qazi [2004] 1 AC 983 (c) that decision had been doubted by the decisions of the European Court of Human Rights in Connors v UK [2005] 40… [read post]
3 Dec 2021, 12:19 am by INFORRM
In reaching this conclusion, the Senior Master referred to: Campbell v MGN Ltd [2004] UKHL 22 at [132]; McKennitt v Ash [2008] QB 73 per Buxton LJ at [8]; Wainwright v The Home Office [2004] 2 AC 406 at [18]-[19] and [23], [43] and [62]  Perhaps unsurprisingly, the notion of a tort of physical intrusion privacy were given short shrift. [read post]
21 Dec 2010, 3:25 pm by Howard Knopf
The authors state: Failure to employ fair use affirmatively and consistently impairs the accomplishment of the academic and research libraries’ mission. [read post]
17 Oct 2017, 8:41 am by CLARE MONTGOMERY QC
Cranston J held that Al Rawi v Security Service [2011] UKSC 24, [2012] 1 AC 531 had no application to the judicial review of search warrants as the common law right to information does not arise fro consideration [39]. [read post]
7 Jul 2022, 6:52 am by John Jascob
The Supreme Court stayed enforcement of the CPP, and before a decision could be reached the Trump Administration issued the 2019 Affordable Clean Energy (ACE) rule, which repealed the CPP.The ACE rule established emission guidelines for states to use when developing plans to limit CO2 at their coal-fired electric generating units. [read post]
8 Jun 2011, 10:00 pm by Rosalind English
(On the Application of) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) - read judgment   1 Crown Office Row’s John Joliffe appeared for the Secretary of State the Home Department in this case. [read post]
2 Feb 2011, 5:32 am by Rosalind English
This was rejected as inconsistent with the authorities, and in particular with the principle that there is no “hard-edged or bright-line rule”,  EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41, [2009] 1 AC 1159. [read post]
25 Feb 2010, 12:15 pm by E. R. Wrigley
R(on the application of Binyam Mohamed) v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 This appeal was brought by the Secretary of State for Foreign and Commonwealth Affairs (“the Foreign Secretary”) against a decision of the Divisional Court to include seven short paragraphs in the open version of a judgment, notwithstanding the fact that the Foreign Secretary had started in a number of Public Interest Immunity Certificates… [read post]