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13 Nov 2012, 5:28 am by Dave
In R(Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin) [not on Baili yet, but apparently on Lawtel], the Divisional Court signalled its intention to get much tougher on out of hours administrative court applications to the duty Judge. [read post]
17 Aug 2023, 6:37 am by Annsley Merelle Ward
Under the final, third limb - balance of convenience - the Judge cited the statement in Olint Corp v National Commercial Bank Jamaica [2008] 12 JJC 2201 which said that the Court's decision should be the one that causes the "least irremediable prejudice to one part of the other. [read post]
22 Mar 2007, 2:22 pm
"Given the lengthy debates and disagreements among Members of Congress as to the handling of these detainees, and the perception that the United States Court of Appeals for the District of Columbia Circuit failed to follow this Court's direction in Rasul v. [read post]
20 Dec 2011, 3:30 am by Matthew Flinn
As noted above, similar questions were considered in Lumba, and also in the more recent case of R (Kambadzi) v Secretary of State for the Home Department [2011] 1 WLR 1299, which was the subject of a [read post]
17 Aug 2012, 3:55 am
" As the court said in Pascal v Board of Education, 100 AD2d 622, tenure by estoppel results when a school board fails to take the action required by law to grant or deny tenure and, with its full knowledge and consent, permits a teacher to continue to teach beyond the expiration of his or her probationary period. [read post]
12 Dec 2017, 6:11 am by Second Circuit Civil Rights Blog
United States (2015) said "the critical question is not whether the unrelated investigation occurs before or after the officer issues a ticket, but whether conducting the unrelated investigation prolongs -- i.e. adds time to -- the stop. [read post]
17 Mar 2016, 4:00 am by The Public Employment Law Press
** The Second Circuit Court of Appeals, citing Harlow v Fitzgerald, 457 US 800, said that qualified immunity may be claimed by public officers and employees in civil suits seeking damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. [read post]