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23 Oct 2023, 12:00 am
On 17 and 18 October 2023, the UK Supreme Court (Lords Hodge, Hamblen, Leggatt, Burrows and Richards) heard the appeal in the case of George v Cannell. [read post]
19 Oct 2023, 2:01 pm
" Simply stated, The Common Law is a system of law centered around precedent. [read post]
17 Oct 2023, 2:26 am
In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
15 Oct 2023, 9:31 am
Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin) A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty. [read post]
7 Oct 2023, 11:58 pm
” Except that Lord Judge was never actually known as “Judge Judge”: he began his judicial career as Mr Justice Judge – which is not quite the same thing. [read post]
4 Oct 2023, 4:30 pm
According to media reports this time last week, a case similar to Carey may very well be brewing: Sinn Féin TD takes breach of privacy action against Mediahuis and state (Barry Whyte, Business Post, 24 September 2023) Martin Kenny also suing the gardaí and the state over a series of articles published last year which did not name him. [read post]
3 Oct 2023, 6:30 am
There, Lord Hoffmann questioned the appropriateness of the term deference in describing the relationship between the courts and other branches of state within the separation of powers. [read post]
1 Oct 2023, 9:03 pm
For example, in the 1914 case Harris v. [read post]
1 Oct 2023, 6:30 am
In the recent UK Supreme Court decision O (a minor), R (on the application of v Secretary of State for the Home Department [2022] UKSC 3, Lord Hodge provided a pithy statement of the approach of the courts in that jurisdiction. [read post]
23 Sep 2023, 8:20 am
Levelling Up and Regeneration Bill The Levelling Up and Regeneration Bill was read the third time in the House of Lords on Thursday. [read post]
10 Sep 2023, 3:00 am
The substantive law of the State of Florida shall govern this Agreement. [read post]
7 Sep 2023, 1:17 pm
In S.B.B. v. [read post]
5 Sep 2023, 12:33 am
’[12] The Court of Appeal have stated that ‘where children are affected the state is subject to an obligation to relieve poverty if “necessary to allow family life to continue. [read post]
3 Sep 2023, 4:43 pm
On 4 August 2023, the Court of Appeal handed down judgment in National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department & Anor [2023] EWCA Civ 926. [read post]
2 Sep 2023, 11:21 pm
The most recent example is the Grand Chamber case of S, V and A v Denmark [GC], nos. 35553/12 and 2 others, 22 October 2018. [read post]
24 Aug 2023, 7:04 pm
State Rifle & Pistol Ass'n v. [read post]
24 Aug 2023, 2:50 pm
Early in the eighteenth century, Lord Chief Justice Holt stated that hatred and malice are "distinct passions of the mind. [read post]
23 Aug 2023, 7:45 pm
[ii] But one also speaks to the relationship between a domus and its dominus—its lord, master, owner, or overseer (perhaps captured by the old term 掌握 (Zhǎngwò) with its sense of also understanding things and making use of them). [read post]
17 Aug 2023, 6:37 am
One such decision was that in Mimo Connect v Buley & Ors, which ended up in the Court of Appeal a month ago with the decision of Lord Justice Bean (giving Judgment of the Court) handed down two weeks ago ([2023] EWCA Civ 909).BackgroundAs she said in the last post, trade secrets cases are full of facts, so buckle in. [read post]
16 Aug 2023, 4:55 pm
Resolving the conflict Mostyn J had taken the view in EBK v DLO (above) at [101] that “if a defendant in proceedings governed by FPR Part 37 or COPR Part 21 is found to have committed a contempt then that defendant must be named in open court and in general terms the court must state what is the nature of the contempt of court and what punishment, if any, has been imposed. [read post]
