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20 Feb 2015, 4:57 am
However, distinguishing the present case from the leading case of Osman v UK (1998) 29 EHRR 245, Lord Justice Longmore held that the claim for a breach of the ECHR, art 2 should go to trial. [read post]
25 Apr 2016, 6:25 am
Lord Hodge relied on dicta from Fawcett Properties Ltd v Buckingham County Council [1961] AC 636, which held that a planning condition can only be void for uncertainty if it can be given no sensible or ascertainable meaning. [read post]
2 Oct 2014, 5:07 pm
” (Hayes v Willoughby [2013] UKSC 17) – read David Hart’s post on this case for a detailed exposition of Lord Sumption’s analysis of the ingredients of harassment. [read post]
4 Mar 2011, 9:06 am
Obviously, not every case lends itself to having the facts and principles stated so succinctly by one justice. [read post]
17 Oct 2014, 7:23 am
At Hamilton and Griffin on Rights, Marci Hamilton looks at the possibility that state legislators can nullify the effect of last Term’s decision in Burwell v. [read post]
23 Mar 2012, 12:00 am
JD (Congo) and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327 The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. [read post]
8 Apr 2015, 2:07 am
Lady Hale and Lord Toulson had no such qualms. [read post]
28 Jun 2007, 10:03 am
IPKat flagged a question this week from Neal Macrossan, the inventor behind the high-profile Aerotel v Telco Holdings case on software patenting (in essence, should Macrossan appeal to the House of Lords?). [read post]
24 Feb 2022, 6:31 am
In the meantime, the Lord Advocate continued to pursue extradition proceedings against the appellant. [read post]
12 Apr 2011, 10:00 pm
In Lord Tyne’s view, the words in 20(2)(b) ”under the same conditions as nationals of that State” which follow the comma are “critical”. [read post]
9 Aug 2017, 3:09 am
This has been the subject of recent case law (including ERY v Associated Newspapers [2016] EWHC 2760 (QB) and ZXC v Bloomberg [2017] EWHC 328 (QB)) and non-judicial consideration (e.g., the Henriques Review and the College of Policing Guidance on Relationships with the Media). [read post]
9 Jul 2012, 12:00 am
But, he stated, the criminal offence of conspiracy is a continuing offence. [read post]
3 Sep 2011, 2:27 am
" Turning to the authorities, Mr Justice Moylan stated (at paragraph 61): "My task is to determine "the division of property which best achieves the fair overall outcome": Charman v. [read post]
1 Nov 2014, 10:59 pm
Magliveras, Human Rights and the Denunciation of Treaties and Withdrawal from International Organisations Lord Lester of Herne Hill, Free Speech TodayDimitry Kochenov, On Policing Article 2 TEU Compliance – Reverse Solange and Systemic Infringements Analyzed Krystyna Kowalik-Bańczyk, A la recherche d’une coherence perdue – Possible Arguments for the Non-application of EU Law in Member States Jakub Kociubiński, Consolidation or Fragmentation? [read post]
13 May 2012, 5:55 am
After two days of argument (spread over three days due to the State Opening of Parliament) judgment was reserved. [read post]
Case Comment: Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 Part One
13 Mar 2017, 2:42 am
Lord Kerr dissented save in respect of the ‘complete code’ issue in a careful and detailed exposition of the issues running to 30 pages (half of the judgment). [read post]
20 Oct 2016, 4:31 pm
Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms ([2000] 2 AC 115) that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the words, the harder it is… [read post]
8 Apr 2011, 9:02 am
Michel V. [read post]
29 Jul 2013, 10:00 am
Clarke's one signed slavery law opinion, State v. [read post]
9 Jun 2011, 1:00 pm
Michel V. [read post]
