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10 May 2012, 5:48 am
The case was heard in April by the Supreme Court Justices Lord Hope, Lord Kerr, Lord Clarke, Lord Dyson and Lord Reed. [read post]
29 Apr 2012, 5:09 am
(The property had already been sold by the time of the trial.)Lord Justice Lewison therefore allowed the appeal, and remitted the matter to the County Court to determine issues of quantum.Lord Justice Thorpe and Lord Justice Etherton gave concurring judgments. [read post]
4 Oct 2010, 6:23 am
As Love and Garbage recognised, the practices of the News of the World - and what its editor might or might not have known about those practices – may be of distinct interest in the case of HM Advocate v. [read post]
12 Oct 2011, 2:57 am
On appeal from: [2011] CSIH 31 Insurance companies which had undertaken to indemnify employers against liability for negligence seeking to challenge the lawfulness of the Damages (Asbestos-related Conditions) (Scotland) Act 2009. [read post]
2 Dec 2009, 2:59 am
Chancellor and Secretary of State for Justice and Others Supreme Court "The presence of two unelected, non-voting members in the legislature of the Channel Island of Sark which had 28 voting members democratically elected by an electorate of under 500 was not incompatible with article 3 of the First Protocol to the European Convention on Human Rights, [...] [read post]
9 Mar 2016, 7:17 am
This morning Lord Neuberger handed down the judgment of the UK Supreme Court in the Trunki case, PMS International Limited v Magmatic Limited [2016] UKSC 12. [read post]
30 Apr 2010, 4:05 am
Rejecting that request, in McFarlane v. [read post]
26 Sep 2024, 2:12 pm
Horton v. [read post]
28 Jun 2014, 5:25 pm
Lord Wilson held that the regime for the issue of CRCs and ECRCs was sufficiently foreseeable and accessible for it to be in accordance with the law as interpreted in Gillan v Commissioner of Police for the Metropolis [2006] UKHL 12 [2006] 2 AC 307, and Gillan v United Kingdom (2010) 50 EHRR 1105 at [31]. [read post]
4 Mar 2009, 4:38 am
R(Ahmad) v LB Newham [2009] UKHL 14 is now available and the Lords have done a pretty good job at destroying the jurisprudence built up by the High Court and Court of Appeal in Part 6 cases. [read post]
23 Apr 2020, 1:31 am
Regen versus Estar was one of the key decisions of the High Court last year (Regen Lab v Estar [2019] EWHC 63 (Pat), IPKat here). [read post]
18 Dec 2015, 9:11 am
” His Lordship’s approach to construction was premised in part on Lord Clarke JSC’s summary of the relevant principles in Rainy Sky SA v Kookmin Bank [2011] UKSC 50, paras 14-30. [read post]
30 Jul 2008, 9:55 pm
Their Lordships declined to vary or amend Kay v Lambeth in the light of this appeal or the last minute submissions on McCann v UK. [read post]
19 Mar 2014, 1:42 am
In addressing the very nature of human rights law, Lord Reed called with approval upon the words of Lord Cooke in R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532: “The truth is, I think, that some rights are inherent and fundamental to democratic civilised society. [read post]
9 Apr 2013, 5:08 pm
” (Shaaban Bin Hussien v Chong Fook Kam [1970] AC 942, at 948). [read post]
2 Dec 2012, 11:11 pm
Lord Justice Leveson’s own take on the report can be found here. [read post]
20 May 2015, 3:02 am
In that judgment (with which both Lord Clarke and Lord Wilson agree) the Court carefully reviews the history of Wilkinson v. [read post]
22 May 2019, 4:58 pm
Lord Carnwath traced the case law on “ouster” clauses back to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, the widest reading of which was summarised by Lord Diplock in O’Reilly v Mackman [1983] 2 AC 279 as follows (emphasis added): “…if a tribunal whose jurisdiction was limited by statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have… [read post]
5 Nov 2010, 3:25 am
In the words of Thorpe LJ in Williams v. [read post]
23 Jun 2021, 8:03 am
Litigation A Big Win for Walmart Helps Further Define the Scope of Data Breach Class Actions: Gardiner v. [read post]
