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7 Oct 2020, 11:04 pm by Adeline Chong
On the other hand, there was a heavy emphasis on judicial comity in Hong Pian Tee. [read post]
25 Aug 2021, 4:55 am by CMS
” In a case law context, the five principles governing estoppel by convention were outlined in the decision of Briggs J in Revenue and Customs Commissioners v Benchdollar [2009] EWHC 1310 (Ch) (“Benchdollar”). [read post]
24 Jan 2018, 4:37 am
The Court of Appeal decision contains the dissent of Briggs LJ (as he then was) regarding the responsibility for the costs of an injunction. [read post]
20 Oct 2021, 4:41 am by Matrix Legal Support Service
In relation to the tort gateway issue, Lord Lloyd-Jones (with whom Lord Reed, Lord Briggs, and Lord Burrows agree) gave the lead judgment. [read post]
15 May 2022, 8:19 am by CMS
The court found that the MOD regime in no way negatively impacted the negotiation or payment of the stock lending fee, and, further, the stock lending fee was exempt from tax in the hands of the Trustee. [read post]
19 Jan 2024, 9:16 am by CMS
In this post, Jaspal Pachu, Graham Muir and Jasleen Kaur at CMS comment on the Supreme Court’s decision in His Majesty’s Revenue and Customs v Vermilion Holdings Ltd [2023] UKSC 37, which was handed down on 25 October 2023. [read post]
17 Sep 2018, 2:27 am by INFORRM
  The case will be heard on 13 and 14 November 2018 by Lords Kerr, Wilson, Sumption, Hodge and Briggs. [read post]
10 Aug 2021, 3:42 am by CMS
On 12 February 2021, the UK Supreme Court handed down its judgment in Okpabi and others v Royal Dutch Shell and another [2021] UKSC 3 overturning the decision of the lower courts and granting the claimants’ appeal. [read post]
14 May 2020, 1:13 am by CMS
He says that it was not correct of Mr Harris QC to say that much of the evidence has already been gathered to support their methodology. 1235: Mr Hoskins QC says Mr Harris QC’s proposed methodology does not reveal what is practicable at certification stage. 1232: Lord Briggs asks if ‘preferability’ is different to ‘commonality’ in the Canadian legislation. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
There is a helpful passage at [89] ff: Recognition is a distinct and necessarily prior step to enforcement, but recognition and enforcement are closely linked: Briggs A, The Conflict of Laws (3rd ed, Oxford University Press, Clarendon Series, 2013) 140-141; Clarke v Fennoscandia Ltd [2007] UKHL 56; 2008 SC (HL) 122 at [18]-[23]. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
There is a helpful passage at [89] ff: Recognition is a distinct and necessarily prior step to enforcement, but recognition and enforcement are closely linked: Briggs A, The Conflict of Laws (3rd ed, Oxford University Press, Clarendon Series, 2013) 140-141; Clarke v Fennoscandia Ltd [2007] UKHL 56; 2008 SC (HL) 122 at [18]-[23]. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
There is a helpful passage at [89] ff: Recognition is a distinct and necessarily prior step to enforcement, but recognition and enforcement are closely linked: Briggs A, The Conflict of Laws (3rd ed, Oxford University Press, Clarendon Series, 2013) 140-141; Clarke v Fennoscandia Ltd [2007] UKHL 56; 2008 SC (HL) 122 at [18]-[23]. [read post]
23 Nov 2018, 3:26 pm by Mukarrum Ahmed
On the one hand, the choice of law agreement is a legally binding contract as opposed to a mere “factual” agreement. [read post]
18 Nov 2018, 4:32 pm by INFORRM
Last Week in the Courts On Tuesday 13 November 2018 there was a hearing in the Privy Council (Lady Hale, Lord Kerr, Lady Black, Lords Briggs and Kitchin) of an Isle of Man libel appeal, Nugent v Willers. [read post]
23 Mar 2017, 4:00 am by Heather Gray-Grant
It’s different working with an extrovert v. an introvert. [read post]
1 Jun 2018, 12:43 am by ASAD KHAN
On the other hand, the Home Office argues that principle in s 117B(6) is the same as the approach that a court will adopt in any other art 8 exercise and so the parents’ conduct and history do indeed matter. [read post]
24 Dec 2017, 2:19 am
Most important unresolved issueThis is an issue that is somewhat unresolved because, on the one hand, there is not a clear rule written at the legislative level and, on the other hand, it arises in an area (injunctions against intermediaries) that has been proving particularly fast-evolving. [read post]