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8 Jun 2014, 1:51 pm
According to Lewison LJ, whether survey evidence should be admitted at all, comes down to whether the court is satisfied that the evidence is (a) likely to be of REAL value; and (b) that the likely value of the evidence justifies the cost (bold caps courtesy of Lewison LJ). [read post]
25 May 2017, 12:28 am
Indeed McCoombe LJ giving the dissenting judgment observed -'Here the hospital told this claimant that he would receive attention in anything up to four or five hours. [read post]
17 Apr 2019, 2:56 am
Consider Kitchen LJ's "familiar path" through trials. [read post]
18 May 2021, 12:00 am
Arnold LJ considered that the broader the interpretation of s.55, the more inconsistent it is with Article 31 of TRIPs ([166] – [171]). [read post]
24 Jun 2013, 6:57 am
On the subject of the judge's errors this Kat notes that the Court of Appeal, having found some errors in the trial judge's judgment, and that Lewison LJ, giving judgment for the Court, approved the words of Lord Mance in Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23, approving a passage from the judgment of Clarke LJ in Assicurazioni Generali SpA v Arab Insurance Group [2002] EWCA Civ 1642: "...In some cases the… [read post]
6 Nov 2019, 12:26 am
As Floyd LJ wondered in London Taxi: should one take into account or ignore the fact that consumers will recognise the shape? [read post]
2 Dec 2017, 7:25 am
Nourse LJ defined it as "a work of action, with or without words or music, which is capable of being performed before an audience”. [read post]
24 Aug 2010, 4:16 am
He also noted the ambiguities in the phrase “freestanding factor” [32], a point taken on by Richards LJ, who sat both in the present case and RU (Sri Lanka), in which he expressed his agreement with Scott Baker LJ. [read post]
19 Mar 2019, 3:16 am
(ii) Disposal In his dissenting judgment, Elias LJ had pointed out numerous problems with the UT’s reasons for rejecting KV’s account of torture. [read post]
20 Aug 2009, 9:36 am
The main judgment by Stanley Burnton LJ was given in robust terms and without regret (at [61]). [read post]
17 Nov 2014, 1:16 am
Lewison LJ considered that use of the beach therefore occurred by virtue of a grant of permission, and not as of right. [read post]
11 Feb 2010, 7:00 am
Patten LJ agreed. [read post]
23 Dec 2013, 1:26 am
It was said on behalf of Mr Gill that, even if the Judge was wrong in his approach, the Court of Appeal, correctly applying s.149, should still refuse the application.Coleridge J gave the leading Judgment but it is the Judgment of Lewison LJ (agreed with by Richards LJ) which is of interest. [read post]
27 Mar 2012, 7:42 am
Carnwath LJ referred to the recent rejection of a nuisance claim in Coventry Promotions v Lawrence [2012] EWCA Civ 26. [read post]
23 Dec 2013, 1:26 am
It was said on behalf of Mr Gill that, even if the Judge was wrong in his approach, the Court of Appeal, correctly applying s.149, should still refuse the application.Coleridge J gave the leading Judgment but it is the Judgment of Lewison LJ (agreed with by Richards LJ) which is of interest. [read post]
18 Feb 2015, 4:27 pm
Underhill LJ (with whom Richards LJ agreed) agreed with Kitchin LJ; however he said that it was a borderline case and that the finding that ‘some members of the relevant public’ would find that Rihanna had endorsed the t-shirt was essentially based on her past association with Topshop and the features of the Image itself. [read post]
7 Apr 2011, 9:00 am
For the full report, check out the April 1 issue of Library Journal: http://www.libraryjournal.com/lj/home/889533-264/automation_marketplace_2011_the_new.html.cspTSLL Tech Scans Blog [read post]
1 Nov 2007, 4:08 pm
LJ Chadwick goes further in obiter, suggesting that it isn’t even necessary to be a tenant at the time of the conviction for Ground 14(b) to bite. [read post]
20 May 2009, 3:50 am
A fuller report will follow on Nearly Legal in due course, but as we may not finish it today the headlines are: The House of Lords unanimously allowed G’s appeal, Baroness Hale giving the leading speech; He therefore was entitled to accommodation under s. 20 of the Children Act, not simply s.17 help with accomodation; Rix LJ’s dissenting view in the Court of Appeal (which was preferred in our report of that decision) was therefore the better one. [read post]
28 Dec 2013, 1:47 pm
The benefit cap JR got lost amongst that other stuff partly because it was almost predictable after MA that the Divisional Court would find a way to uphold it.Actually, though, having read it again the other day for a different reason, the benefit cap challenge – R(JS) v SSWP [2013] EWHC 3350 (QB) – was very clever (CPAG and Shelter were joined as interveners – CPAG’s arguments can be found here) and the appeal is to be heard pretty soon, having been expedited by… [read post]
