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26 Jan 2010, 1:32 pm by WIMS
Plaintiffs also seek an injunction to close the Lord Flat Trail to motorized vehicle use. [read post]
22 Jul 2014, 8:27 am by Rebecca Davis, Olswang LLP
Lord Justice McCombe however dismissed this, stating that regardless of whether the report had been misunderstood, it was insufficient basis on which to decline to follow Cherry Tree as decided in curiam. [read post]
4 Mar 2015, 3:13 am by Matrix Legal Information Team
Lord Toulson, Lord Kerr and Lord Neuberger in the majority stated that Hamblen J had reached an entirely proper conclusion that the role played by the appellant, based mainly on its fundraising relating to a small sum solicited by the Sea Shepherd Conversation Society (SSCS), had been of minimal importance. [read post]
6 Jun 2010, 2:39 am by INFORRM
Nevertheless, the “single meaning” rule has been well established in the law for two hundred years and was endorsed by the House of Lords in Charleston v News Group Newspapers [1995] 2 AC 65. [read post]
14 Sep 2015, 1:00 am by Ryan Dolby-Stevens, Olswang LLP
In the Court of Appeal, the court considered the development of the case law, especially the recent cases of Murray v Leisureplay Plc [2005] EWCA Civ 963 and El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1539, stating (per Lord Justice Moore-Bick at paragraph 21): “[T]he modern cases thus appear to accept that a clause providing for payment on a breach of a sum of money that exceeds the amount that a court would award as compensation…may… [read post]
11 Dec 2023, 8:33 am by CMS
” The trial Judge’s decision was based on various authorities, from Fielding v Variety Inc [1967] 2 QB 841 (CA) to BHX v GRX [2021] EWHC 770 (QB), and the lower court ultimately dismissed the libel and slander claims for want of serious harm. [read post]
Lord Walker stated at paragraph 79 that the Woolwich principle should be construed, “as to cover all sums paid to a public authority in response to (and sufficiently causally connected with) an apparent statutory requirement to pay tax which (in fact and in law) is not lawfully due. [read post]
30 Jul 2008, 3:17 pm
In his leading judgment Lord Justice Thorpe stated:"I would unhesitatingly conclude that the Marbella court was the more appropriate court having regard to the best interests of the children. [read post]
Lord Reed noted that this was contrary to the principle under UK administrative law that a statutory power must be exercised by the person on whom the power has been conferred (R v Deputy Governor of Parkhurst Prison ex parte Hague [1990] UKHL 8 and Leech v Deputy Governor of Parkhurst Prison [1988] UKHL 16 cited). [read post]
13 Jan 2013, 5:14 am by INFORRM
But the substance of Lord Lester’s objection depends on the judgment of Mr Justice Eady in the case of Mosley v News Group Newspapers ([2008] EWHC 1777 (QB)). [read post]
26 Jan 2013, 4:08 pm by INFORRM
As Lord Justice Leveson notes, the question of the relationship between the right of reply and Article 10 was considered by the Court of Human Rights in the case of Melnychuk v Ukraine (Decision of 5 July 2005). [read post]
21 Feb 2011, 2:14 am by sally
Court of Appeal (Civil Division) MD (Gambia), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 121 (17 February 2011) Test Claimants In the Thin Cap Group Litigation v HM Revenue and Customs [2011] EWCA Civ 127 (18 February 2011) Axa Sun Life Services Plc v Campbell Martin Ltd & Ors [2011] EWCA Civ 133 (18 February 2011) Welford v Transport for London [2011] EWCA Civ 129 (18 February 2011) Bayat Telephone… [read post]
29 Mar 2011, 10:00 pm by Rosalind English
Lumba v Secretary of State for the Home Deparment – a case of driving government policy further underground? [read post]
14 May 2012, 2:25 am by Laura Sandwell, Matrix.
R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa  Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012. [read post]
17 Feb 2015, 5:41 am by INFORRM
The 2004 decision of the House of Lords in Campbell v Mirror Group Newspapers ([2004] 2 AC 457) was a significant case regarding privacy, and for human rights law and tort law more generally. [read post]
16 Oct 2015, 1:15 am by Sean O'Beirne, Kingsley Napley LLP
Lord Kerr (dissenting) in a poignant judgement raised a number of issues with his fellow Lord’s reasoning. [read post]