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4 Oct 2018, 2:10 am by Jessica Jones, Matrix
Lord Hughes gave the judgment, with which the other members of the Court agreed. [read post]
29 Sep 2016, 12:20 am by INFORRM
A cause of action is “a factual situation the existence of which entitles one person to obtain from the court a remedy against another person” (Letang v Cooper [1965] 1 QB 232, 242-243 (Diplock LJ); Roberts v Gill [2011] 1 AC 240, [2010] UKSC 22 (19 May 2010) [41] (Lord Collins); Murphy v O’Toole [2014] IEHC 486 (17 October 2014) [57]-[58] (Baker J); see also PR v KC [2014] IEHC 126 (11 March 2014) [36] (Baker J), but note Clarke… [read post]
13 Feb 2012, 2:15 am by Laura Sandwell
From Wednesday 15 February 2012 over two days is the appeal of Tesco Stores Ltd v Dundee City Council, on appeal from the Court of Session (Scotland) which is being heard by Lords Hope, Brown, Kerr, Reed and Dyson. [read post]
20 Jul 2023, 1:42 am by Rose Hughes
Unlike the EPO, Lord Justice Arnold (Arnold LJ) in Sandoz v BMS considers the "plausibility" of a non-claimed technical effect under the heading of inventive step and sufficiency. [read post]
28 Jan 2011, 8:53 am by Dave
  Yes the Secretary of State has a power to include other forms of ill-treatment falling short of actual violence within s 177(1), but that had not been done because the SoS already believed that the word bore that wider meaning. [read post]
28 Jul 2011, 3:41 am by Rosalind English
Lord Brown, with whom Lord Collins agreed, would have allowed the appeal. [read post]
14 Jun 2018, 7:12 am by CMS
This situation was “equivalent to contract” (in that, but for the absence of consideration, there would be a contract (Nocton v Lord Ashburton [1914] AC 932)) and therefore a duty of care would be owed (although it was not found on the facts of Hedley Byrne v Heller because of a disclaimer). [read post]
19 Feb 2014, 4:05 pm by INFORRM
” Proportionality The classic three step proportionality test – was the objective important enough to justify limiting a right, was the measure connected to that objective, and was the measure no more intrusive than other necessary – has been elaborated over the past decade, most recently by Lord Sumption in Bank Mellat v Her Majesty’s Treasury (No 2) [2013] 3 WLR 170, [2013] UKSC 39. [read post]
22 Mar 2013, 2:39 am
Full background to the case, Bank Mellat (Appellant) v HM Treasury (Respondent) is here. [read post]
31 Oct 2011, 5:43 pm by INFORRM
In R (Purdy) v DPP [2010] 1 AC 345, the House of Lords accepted that a decision not to promulgate guidance about the prosecution of assisted suicide was not a criminal/cause matter. [read post]
17 Apr 2013, 3:30 am
 Lord Sumption gives the judgment of the Court. [read post]
28 Apr 2015, 4:07 pm by INFORRM
Thirdly, the wording of s 39 that led this court and the Court of Appeal to conclude in JC that it does not confer power to grant anonymity into adulthood remains. [read post]
13 Jul 2023, 4:54 pm by CoL .net
For instance, in the landmark ruling of Fiona Trust and Holding Corp v Privalov (2007), both Lord Hoffman and Lord Hope illustrated that an arbitration clause will not be severable where it is a part of the main contract and the existence of consent to the main contract in itself is under question. [read post]
24 Feb 2013, 9:19 am by NL
The first is what must be taken to be the ordinary meaning of the words that the test uses. [read post]
24 Feb 2013, 9:19 am by NL
The first is what must be taken to be the ordinary meaning of the words that the test uses. [read post]
24 Jan 2019, 4:15 pm
He said out of the blue “Thank the good Lord for Mapp v. [read post]
24 Nov 2011, 6:01 am by Rosalind English
Judgment in Jude and others v HM Advocate  The Court accepted the Lord Advocate’s position that  the appeals on the issue as to  waiver in regard to the police interviews of Jude and Hodgson should be dismissed. [read post]
4 Jan 2011, 6:16 am by Adam Wagner
In other words, it was built on shaky ground, and the reasoning on the human rights implications was “both inadequate and muddled” (para 62). [read post]