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18 Oct 2015, 9:32 am by INFORRM
Given the differing traditions from which its judges are drawn, and bearing in mind that the court has not regarded the award of just satisfaction as its principal concern, it is not altogether surprising that it has generally dealt with the subject relatively briefly, and has offered little explanation of its reasons for awarding particular amounts or for declining to make an award”, per Lord Reed, Regina (Faulkner) v Secretary of State for Justice [2013] 2 AC 254 [34]. [read post]
3 Jan 2013, 12:48 am by David Smith
Thompson v Hurst [2012] EWCA Civ 1752This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. [read post]
13 Dec 2007, 12:04 pm
Fair Housing Council, a case involving disability law and standing; * No. 07-451, Schriro v. [read post]
23 Feb 2009, 2:41 am
In sum, considerations of fairness, efficiency, and deterrence favored recognizing a cause of action for medical monitoring, according to the court. [read post]
6 Dec 2007, 10:30 am
If the rule is rebutted, the burden shifts to the directors to prove the “entire fairness” of a challenged transaction to the shareholder plaintiff (citing Emerald Partners v. [read post]
9 Dec 2008, 9:37 am
” Defendants’ use of “Imagine” is similar to the use at issue in a recent decision of the United States Court of Appeals for the Second Circuit in which fair use was found, Blanch v. [read post]
17 Aug 2017, 6:17 pm by Inside Privacy
Al Kassar, 660 F.3d 108, 118 (2d Cir. 2011). [4] United States v. [read post]