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17 Jun 2019, 4:51 pm
Craigievar Castle is owed by the defendant, the National Trust for Scotland (“the Trust”), it having been gifted to the Trust by Lord Sempill. [read post]
1 May 2013, 5:06 am
” The case reached the House of Lords in 2007, and at that time there were two main authorities from the European Court that the law lords considered: First, there was the 2001 VgT v. [read post]
4 Nov 2014, 8:52 am
This was stated as the amount of the participation plus accrued interest up to the Settlement Date. [read post]
25 Jul 2016, 3:13 am
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12–14 January 2016. [read post]
29 May 2015, 1:36 am
As the court stated, reiterating Lord Justice Oliver in Anheuser-Buch v Budejovicky Budvar NP, that goodwill is very much "localized" and that "...reputation which may, no doubt, and frequently does, exist without any supporting local business… does not by itself constitute a property which the law protects". [read post]
23 Apr 2012, 2:34 am
R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012. [read post]
20 May 2015, 3:11 am
Upon considering the rule in Din v Wandsworth London Borough Council [1983] 1 AC 657, Lord Reed reasoned that the review officer did not consider whether the cause of the appellant’s current state of homelessness was her surrender of her tenancy at the hostel. [read post]
20 Jun 2007, 5:14 am
In Cream v Banerjee Lord Nicholls addressed this provision and said it demanded flexibility in its application. [read post]
11 Dec 2014, 3:18 am
Indeed, Lord Sumption stated that the standard of fairness in a debtor-creditor relationship is a matter for the court, on which it must make its own determinations (paragraph 17 of the judgment). [read post]
1 Aug 2015, 4:40 pm
In Cream Holdings Ltd v Banerjee [2005] 1 AC 253, the House of Lords provided some flexibility in respect of the interpretation of the term “likely” here but the judge considered simply that he had to show that “the defendant is likely to fail to establish one of the statutory defences”. [read post]
1 Dec 2009, 1:23 pm
The Court of Appeal had found that it was possible to make such a possession order as an extension of Drury v the Secretary of State[2004] 1 WLR 1906. [read post]
22 Jul 2015, 2:43 am
Giving the lead majority judgment Lord Hughes stated that questioning and search under compulsion undoubtedly constitutes an interference with art 8(1). [read post]
22 Dec 2009, 2:42 pm
The existence of last week's ruling of the Court of Appeal for England and Wales (Lord Neuberger of Abbotsbury MR, Jacob LJ and Richards LJ) in Dr Reddy's Laboratories (UK) Limited v Eli Lilly and Company Limited [2009] EWCA Civ 1362 has already been noted on this weblog, but not much has been said about its substance. [read post]
31 Oct 2011, 1:30 am
[Update] On Friday 4 November 2011, the Administrative Court (Elias LJ and King J) will hear an application for permission in the judicial review case of R (Decoulos) v Lord Justice Leveson. [read post]
26 Jul 2017, 3:49 am
As explained in paragraph 42 of this judgment, in paragraph 37 of Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9, Lord Hoffmann explained that the doctrine of equivalents had been developed in the United States. [read post]
26 Jul 2017, 3:49 am
As explained in paragraph 42 of this judgment, in paragraph 37 of Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9, Lord Hoffmann explained that the doctrine of equivalents had been developed in the United States. [read post]
30 Jan 2015, 2:03 am
In addition, Lord Reed, Lord Carnwath and Lord Toulson went a step further in obiter dicta, stating that repeated misconduct might also theoretically pass the point of being capable of remediation. [read post]
15 Jun 2010, 11:06 pm
As Lord Bingham put it in R (Amin) v Secretary of State for the Home Department [2004] 1 AC, HL [31] The purposes of such an investigation are clear: to ensure so far as possible that the full facts are brought to light; that culpable and discreditable conduct is exposed and brought to public notice; that suspicion of deliberate wrongdoing (if unjustified) is allayed; that dangerous practices and procedures are rectified; and that those who have lost their relative may at… [read post]
26 Jun 2011, 11:27 am
R (on the application of Quila and another) (FC) v Secretary of State for the Home Department and R (on the application of Bibi and another) (FC) v Secretary of State for the Home Department, heard 8 – 9 June 2011. [read post]
18 Feb 2015, 2:21 am
Lord Reed believed the Extra Division were entitled, because of the extent of her blameworthiness, to attribute to the pursuer the major share of responsibility. [read post]
