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13 Nov 2010, 3:51 am
Guardian Newspapers Ltd v IC EA/2010/0070. [read post]
12 Nov 2010, 10:22 am
In Inmacs Ltd. v. [read post]
10 Nov 2010, 12:19 pm
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. [read post]
10 Nov 2010, 12:19 pm
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. [read post]
5 Nov 2010, 6:45 am
They also failed to disclose that the alleged reason for the previous owners going into administration was that money had been siphoned from the company by the people in control of that company.In making his decision Mr Justice Burton referred to the case of Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd [1995] 1 AC 501 which set out a two stage test for deciding whether there has been a material non-disclosure. [read post]
29 Oct 2010, 3:57 am
In that context, it has been held that “the values enshrined in Articles 8 and 10 are now part of the cause of action for breach of confidence” (See Campbell v Mirror Group Newspapers Ltd [2004] 2 AC 457 at [17] (Lord Nicholls) and that it is necessary to consider Strasbourg jurisprudence to establish the scope of that domestic cause of action, since those Articles are now “not merely of persuasive or parallel effect” but are “the very content of… [read post]
29 Oct 2010, 2:53 am
K&J had argued that a by the way statement made by Lord Templeman in Billson v Residential Apartments Ltd (No 1) [1992] 1 AC 494 to the effect that "I consider that the practice of ordering indemnity costs as a condition of granting relief is ripe for reconsideration" should be followed in preference to Chadwick LJ's statement of principle in Bland v Ingrams Estates Ltd (No 2) [2001] EWCA Civ 1088 at paragraph 14: "Third, the object of the court… [read post]
29 Oct 2010, 2:53 am
K&J had argued that a by the way statement made by Lord Templeman in Billson v Residential Apartments Ltd (No 1) [1992] 1 AC 494 to the effect that "I consider that the practice of ordering indemnity costs as a condition of granting relief is ripe for reconsideration" should be followed in preference to Chadwick LJ's statement of principle in Bland v Ingrams Estates Ltd (No 2) [2001] EWCA Civ 1088 at paragraph 14: "Third, the object of the court… [read post]
27 Oct 2010, 11:28 pm
But in R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions [2001] UKHL 23, [2003] 2 AC 295, para 26, Lord Slynn of Hadley said that the court should follow any clear and constant jurisprudence of the Strasbourg court.There are degrees; if there is a perception that Strasbourg has misconstrued UK law domestic courts will not follow their conclusion But when faced with a unanimous decision of the Grand Chamber, this was, in itself,… [read post]
26 Oct 2010, 5:21 pm
The principle of “open justice” is a fundamental one which is deeply rooted in the common law and which is subject only to narrow exceptions (See Scott v Scott [1913] AC 417). [read post]
22 Oct 2010, 7:15 am
As had been held by the HL in Secretary of State for the Home Department v JJ [2008] 1 AC 385, deprivation of liberty might take a variety of forms other than classic detention in prison or strict arrest. [read post]
21 Oct 2010, 3:08 pm
-Gen. v Punch Ltd [2003] 1 AC 1046 at [87]-[88] in the Court of Appeal and at [95] in the House of Lords; and Jockey Club v Buffham [2003] QB 462 (Gray J). [read post]
21 Oct 2010, 10:00 am
Ltd. [read post]
20 Oct 2010, 2:07 am
Ethicon [1975] AC 396. [read post]
16 Oct 2010, 4:42 am
In relation to “reasonable expectation of privacy” the Judge observed “the home address of an individual is information the disclosure and use of which that individual has a right to control in accordance with Article 8 of the Convention (see Green Corns Ltd v Claverley Group Ltd [2005] EWHC 958 (QB) at paragraphs 53 and 56). [read post]
7 Oct 2010, 11:43 am
Aubuchon Co., Inc., d/b/a Aubuchon Hardware of Westminster, Massachusetts Westside Wholesale Electric & Lighting, Inc. of Los Angeles, California Deerso, Inc. of Cape Coral, Florida New Aspen Devices Corp. of Brooklyn, New York American Ace Supply Inc. of San Francisco, California Safety Plus Products, Inc. of McFarland, Wisconsin Ingram Products, Inc. of Jacksonville, Florida American Electric Depot Inc. of Fresh Meadows, New York Contractor Lighting & Supply, Inc. of Columbus,… [read post]
6 Oct 2010, 12:54 am
The BBC had made submissions on this point, based on the case of Schering Chemicals Ltd v Falkman Ltd [1982] 1 QB 1. [read post]
4 Oct 2010, 8:59 pm
The Judge followed the recent decision of Mr Justice Arnold in Vestergaard Fransden A/S v Bestnet Europe Ltd [2010] FSR 2; “The decision in Schering Chemicals was analysed in Vestergaard. [read post]
29 Sep 2010, 5:56 am
He defended the last two cases brought for blasphemy in the UK against Salman Rushdie (R (ex parte Choudhury) v Bow Street Magistrates Court [1991] 1 QB 429) and Gay News (R v Gay News Ltd [1979] AC 617). [read post]
28 Sep 2010, 10:38 pm
How about the following: “The principles established in Medway Oil and Storage Co Ltd v Continental Contractors Ltd [1929] AC 88, HL concerning the costs of claims and counterclaims have been largely overridden by the introduction of the CPR. [read post]
