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12 May 2012, 5:15 am
RBK&C conceded that if a need for assistance was found then there would be a potential breach, following R (Limbuela) v Secretary of State for the Home Department [2006] 1 AC 396. [read post]
12 May 2012, 5:15 am
RBK&C conceded that if a need for assistance was found then there would be a potential breach, following R (Limbuela) v Secretary of State for the Home Department [2006] 1 AC 396. [read post]
13 Dec 2010, 5:01 am
The FreeCycle Network (IPBiz) (IP Spotlight) District Court E D North Carolina grants defendant summary judgment on federal and state law trade mark infringement claims in The Daniel Group v. [read post]
21 May 2017, 2:42 pm
I would agree with Mr Westgate that, since the creation of a statutory right of appeal to the county court, recourse to the highly restrictive approach adopted 30 years ago in the Puhlhofer case (R v Hillingdon London Borough Council, Ex p Puhlhofer [1986] AC 484) is no longer necessary or appropriate. [read post]
12 Jul 2011, 7:01 pm
Its test case litigation efforts have all failed - most notably CCH v. [read post]
19 Jan 2012, 6:24 am
In a unanimous ruling the Court held that the UK could not lawfully deport Abu Qatada to his native Jordan, overturning the House of Lords (who had unanimously come to the opposite conclusion in RB (Algeria) v Secretary of State for the Home Department [2009] UKHL 10, [2010] 2 AC 110). [read post]
10 May 2010, 5:06 pm
However, the House of Lords has made it clear that there is no tort of invasion of privacy ( see Wainwright v Home Office [2004] 2 AC 406, Campbell v MGN [2004] 2AC 457, and the Court of Appeal in McKennitt v Ash) . [read post]
17 Nov 2021, 6:51 am
Relying on its prior decision, ACE American Insurance Co. v. [read post]
4 Apr 2009, 7:47 pm
June 19, 1981); Kilgore Ace Hardware, Inc. v. [read post]
12 May 2021, 10:59 am
In 2014, in NACS v. [read post]
1 Apr 2011, 5:13 am
(The claimant had relied on the requirements in Huang v Secretary of State for the Home Department [2007] 2 AC 167 at [19]). [read post]
4 Oct 2020, 12:17 pm
As stated in Woodfall at paragraph 17.181, “In the eyes of equity, the proviso for re-entry was merely a “security” for the rent. [read post]
7 Feb 2013, 10:49 am
In the Spycatcher case (Attorney-General v Guardian Newspapers Ltd (No. 2) [1990] 1 AC 109) and later in Attorney-General v Blake [1997] Ch 84 it was suggested that the Crown might have a constructive trust over the copyright in the two spys' books. [read post]
26 May 2010, 10:16 pm
The power to detain under the 1971 Immigration Act had to be strictly construed, and should be compliant with the principles laid down in Hardial Singh [1984] 1 WLR 704, as extrapolated in Tan Te Lam v Superintendent of Tai A Chau Detention Centre (1997) AC 97 PC (HK). [read post]
22 Jun 2007, 12:37 pm
Brown v. [read post]
29 Oct 2010, 3:57 am
While Article 8 may include a positive obligation on a member state to adopt measures to secure respect for private life between individuals, the state has a wide margin of appreciation as to what is required particularly where there is a balance between competing interests or Convention rights (see, for example, Evans v UK (2008) 46 EHRR 34 at [75], [77]; and see [81]) As a result, Article 8’s influence had led to the development in domestic law of a… [read post]
3 Feb 2020, 1:41 am
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd), heard 12-13 November 2019. [read post]
27 Feb 2011, 12:39 am
Ltd ([2008] 1 AC 1), and on the judgment of Lord Neuberger MR in Imerman v Tchenguiz ([2010] EWCA Civ 908). [read post]
6 May 2019, 1:32 pm
At the hearing of the appeal, Mr Wignall referred to Southwark LBC v Mills (2001) 1 AC 1 for the proposition that in the ordinary case, in the absence of some other relevant feature, the ordinary use of a residential flat cannot give rise to an actionable nuisance even if the noise generated by that nuisance constitutes a considerable interference with the use of another flat above or below or adjoining the first flat. [read post]
4 Apr 2024, 3:38 pm
See Extreme Coatings, Inc. v. [read post]
