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29 Aug 2023, 6:47 am
Humphrey v. [read post]
23 Aug 2023, 11:26 am
Freeman, et al. v. [read post]
23 Aug 2023, 2:20 am
The CBC guidance notes on net zero emissions are clearly the result of detailed technical consideration of the issues involved, but without external verification, to mis-quote Bullimore Ch, “make the Guidance notes a very different sort of animal [from the “statutory guidance”] considered in Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148]. [read post]
17 Aug 2023, 6:37 am
Applying the American Cyanamid [1975] AC 396 test, he turned to the first of the three limbs - is there an arguable case. [read post]
15 Aug 2023, 12:50 am
The full document is available here and our summary is here, and reflects the leading judgment of Lord Bingham (at 21) and the comments of Lord Hope (at 49) in Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148. [read post]
13 Aug 2023, 4:08 pm
The mark was AC COBRA registered [read post]
11 Aug 2023, 8:40 am
Following the case of Giles v Rhind (No 2) [2008] EWCA Civ 118 (“Giles v Rhind”), Mr Justice Jay found that s 32(2) LA 1980 should be interpreted more widely, so as to cover “legal wrongdoing of any kind, giving rise to a right of action”. [read post]
2 Aug 2023, 9:33 pm
Sissel v. [read post]
31 Jul 2023, 12:53 pm
The Court of Appeal reviewed the main authorities R v Hillingdon London Borough Council ex p Puhlhofer (1986) AC 484 (‘Puhlhofer‘), which concerned the interpretation of sections 1 and 4 of the Housing (Homeless Persons) Act 1977 (‘the 1977 Act’), R v Brent London Borough Council ex p Awua (1996) AC 55 (‘Awua‘), which concerned Part III of the 1985 Act, and Birmingham City Council v Ali [2009] UKHL 36; (2009) 1 WLR 1506… [read post]
29 Jul 2023, 3:48 am
The Court of Appeal found that the Judge should have instead reviewed the broadcast in the light of the knowledge of the claimant companies which a hypothetical viewer acquainted with those companies would possess (adopting the test derived from Knupffer v London Express Newspaper Ltd [1944] AC 116). [read post]
28 Jul 2023, 12:13 pm
From Wednesday's decision in Wright v. [read post]
27 Jul 2023, 12:57 am
Un particular puede impugnar la vía de hecho o la autorización para desarrollar unas ferias municipales de julio con impacto acústico que duran tres días, y el pleito desarrollarse cuando ya se han celebrado. [read post]
26 Jul 2023, 2:25 pm
Ariel and I, along with a very smart young law professor named David Lametti, who later became Minister of Justice, made the prevailing arguments in the SCC in the 2015 case of Canadian Broadcasting Corp. v. [read post]
25 Jul 2023, 9:05 pm
These U.S. v. [read post]
19 Jul 2023, 2:15 am
The principal issues on this appeal are as follows: Whether the Court of Appeal erred in law by distinguishing and declining to follow the decision of the House of Lords in R (McCann) v Crown Court at Manchester [2003] 1 AC 787 (“McCann”) that the criminal standard of proof should be applied in proceedings in respect of an anti-social behaviour order under section 1, Crime and Disorder Act 1998 (“the 1998 Act”), and in failing to apply that standard of proof… [read post]
10 Jul 2023, 7:52 am
Wenona Singel will offer commentary on Haaland v. [read post]
6 Jul 2023, 11:00 pm
# # #DECISIONMatter of Michael Y. v Dawn S. [read post]
5 Jul 2023, 4:37 pm
Furthermore, there can be no reasonable expectation of privacy once that person has been charged with a criminal offence; still less in respect of proceedings in open court (PNM v Times Newspapers Ltd [2019] AC 161, [2017] UKSC 49 (19 July 2017)). [read post]
4 Jul 2023, 4:32 pm
In some ways the case reflects the problem posed by Parkes QC in Hodges v Naish. [read post]
3 Jul 2023, 8:16 am
He could not determine on the expert evidence that Dr Labinjoh’s decision to not prescribe the anti-inflammatory drugs was unreasonable or illogical under the test set out in Bolitho v City and Hackney Health Authority [1998] AC 232 and as such, no breach of duty had occurred. [read post]
