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9 May 2017, 4:30 pm by INFORRM
But, by the end of the 1800s, this rationale lost currency, and by 1917 (in Bowman v Secular Society [1917] AC 406), the House of Lords held that blasphemy protected the religious sensitivities of the individual; but the courts still confined the scope of the offence to the established Church (this was confirmed as recently as 1991 in R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 QB 429). [read post]
27 Apr 2017, 4:20 am by Edith Roberts
Briefly: At the ACS blog, Brian Stull weighs in on Davila v. [read post]
20 Apr 2017, 4:10 pm by INFORRM
Popplewell J, referring to Lord Keith’s dictum in Attorney-General v Observer Ltd [1990] 1 AC 109 (the “Spycatcher” case), decided it was not necessary for the disclosure to cause detriment to BHAM. [read post]
18 Apr 2017, 1:13 pm by Eric Goldman
Apparently Google is now aces in the FTC’s book: In effect, users are continuously “voting” (with their clicks) on what is useful to them and what is not, and Google is continuously reacting to those votes, revising its SERP accordingly. [read post]
11 Apr 2017, 2:15 pm by Giles Peaker
The House of Lords in O’Rourke v Camden LBC (1998) AC 188,  and the court of appeal in X v Hounslow found no duty of care in Part VII and Part VI Housing Act 1996 obligations, or their previous equivalents. [read post]
9 Apr 2017, 3:16 pm by Giles Peaker
As per H and Others v Ealing, the Defendant had to meet the four stage test in Bank Mellat v HM Treasury (No 2) (2014) AC 700 (1) is there a sufficiently important objective (i.e. legitimate aim), (2) is the measure rationally connected to that objective, (3) is it the least intrusive measure which could be used without unacceptably compromising the objective and (4) in adopting the measure has the defendant struck a fair balance between the importance of securing the… [read post]
27 Mar 2017, 4:15 pm by INFORRM
It is well established that the exemption applies both before and after publication (see Campbell v MGN [2003] QB 633). [read post]
27 Mar 2017, 4:18 am by Edith Roberts
The first is Advocate Health Care Network v. [read post]
26 Mar 2017, 9:38 pm by Florian Mueller
From this, one could conclude that either Nokia believed it could quickly deliver these results to the market, or that it had an ace up its sleeve that could deliver value to shareholders another way. [read post]
23 Mar 2017, 5:31 pm by INFORRM
Ltd [2006] QB 125 and OBG Ltd v Allan [2008] 1 AC 1) that each publication of photographs or videos is a fresh intrusion of privacy. [read post]
22 Mar 2017, 5:29 pm by INFORRM
The House of Lords case Campbell v MGN Ltd [2004] 2 AC 457– where Naomi Campbell claimed the publication of her treatment at Narcotics Anonymous (“NA”) infringed her right to be respected for her private life under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
16 Mar 2017, 4:29 am by Edith Roberts
” In The Atlantic, Garrett Epps discusses Buck v. [read post]
15 Mar 2017, 4:33 am by Edith Roberts
” In an op-ed in the Washington Examiner, Mark Grabowski argues that the justices’ comments during oral argument in Packingham v. [read post]
14 Mar 2017, 6:01 pm by Bill Marler
While covering these events, my blog has been inundated with comments expressing outrage at FDA and state regulators for raw milk cheese “crackdowns. [read post]
14 Mar 2017, 10:20 am by ELLIOT GOLD, SERGEANTS' INN CHAMBERS
It has been just over ten years since the major decision of R (Laporte) v CC Gloucestershire [2006] UKHL 55; [2007] 2 AC 105, which considered what could amount to a breach of the peace. [read post]