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16 Nov 2020, 1:00 am by Jocelyn Hutton
The Divisional Court considered the construction of each policy wording and the FCA, the Appellant Insurers and the Hiscox Interveners appeal on a number of points On Monday 16 November, the Supreme Court will also hear the appeal of Robinson (Jamaica) v Secretary of State for Home Department. [read post]
24 Nov 2010, 4:19 pm by INFORRM
For example in R (on the application of L) v Commissioner of Police for the Metropolis [2010] 1 AC 410, the police had disclosed information relating to the applicant in an enhanced criminal record certificate. [read post]
29 Feb 2012, 2:29 pm by Leanne Buckley-Thomson
  Quoting Lord Irvine LC in DPP v Jones [1999] 2 AC 240, Lindbolm J noted that unless the law is that assembly on the public highway may be lawful the right contained in article 11(1) is denied. [read post]
20 Nov 2020, 1:45 am by Matrix Legal Support Service
That case places in question two of the most important decisions on the law of limitation of recent times: Deutsche Morgan Grenfell Group Plc v Inland Revenue Comrs [2006] UKHL 49 (“Deutsche Morgan Grenfell”) and Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349 (“Kleinwort Benson”). [read post]
25 Sep 2010, 9:16 am by Dave
  That defence was struck out in the County Court on the basis of Qazi v LB Harrow [2004] 1 AC 983, and subsequent appeals to the Court of Appeal and (a seven person) House of Lords were unsuccessful. [read post]
27 Sep 2012, 9:46 am
Accordingly, the ambiguity in the policy must be construed against defendant under the facts of this case, and precludes the grant of summary judgment in its favor (see Ace Wire and Cable Co. v Aetna Cas. and Sur. [read post]
17 Aug 2021, 6:40 pm by Michael Douglas
See too Re Bakhshiyeva v Sberbank of Russia [2019] Bus LR 1130 (CA); [2018] EWCA 2802. [read post]
30 Sep 2011, 6:27 am by Daniel Sokol
In its determination, the Court looked at s4 of the Mental Capacity Act (MCA) and authorities such as the landmark case of Airedale NHS Trust v Bland [1993] AC 789. s4 MCA 2005 states that, in determining best interests, all relevant circumstances should be considered, including the person’s past and present wishes and feelings, and the views of those close to him. [read post]
9 Nov 2010, 9:58 pm by Catriona Murdoch
It has been widely debated in recent cases (R (Smith) v Secretary for Defence [2010] UKSC 29 (see our post); Al-Skeini & Others v Secretary of State for Defence [2008] 1 AC 153, currently before the Grand Chamber; Bankovic v Belgium [2001] 11 BHRC 435) whether Article 1 ECHR guarantees the rights and freedoms of the Convention to those outside of the State’s jurisdiction. [read post]
25 Oct 2011, 2:08 pm by Rachit Buch
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
1 Dec 2019, 1:25 pm by Giles Peaker
Indeed, I consider that this is what the agreement clearly states. [read post]
23 Dec 2009, 8:44 am by Matt Sundquist
In the Detroit News, Laura Berman has a column on the State of Michigan's recent filing of an original action against Illinois. [read post]
12 Nov 2010, 3:11 pm by Howard Knopf
I shall provide two important hints.Hint #1: The source is one of the following:- Access Copyright (“AC”)- Association of Universities and Colleges Canada (“AUCC”)- Canadian Association of Research Libraries ("CARL")- Council of Ministers of Education Canada ("CMEC")Hint #2:The landmark Supreme Court of Canada decision dealing with fair dealing, namely CCH. v. [read post]
8 Mar 2012, 11:40 am by Joe Palazzolo
From page five (citations omitted): This is all a dreadful muddle, for which we appellate judges must accept some blame because doctrine stated as metaphor, such as the “cat’s paw” theory of liability, which we introduced into employment discrimination law in Shager v. [read post]
9 May 2009, 8:45 pm
Amended version of 1297 from the UK Statute Law Database and Original and translation version available at the British Library website 1274 Summa Theologica 1625 Grotius’ De iure belli ac pacis 1690 Locke’s Two Treatises on Civil Government 1748 Montesquieu De l’esprit des lois 1772 Somersett v Stewart found that slavery was illegal in England (though not in the Empire) (1772) 20 State Tr 1; (1772) Lofft 1 1804 Napoleon’s Code civil… [read post]