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5 Mar 2018, 5:50 am
Samuels v. [read post]
5 Mar 2018, 4:18 am
But, as Lord Neuberger acknowledged, it has also been said that the rigour demanded of an art 3-compliant investigation is “similar” to but by definition then, not the same as investigations into state complicity. [read post]
5 Mar 2018, 1:17 am
The hand down panel will be Lord Kerr, Lord Wilson and Lord Carnwath. [read post]
2 Mar 2018, 8:59 am
In Designer’s Guild v Russell Williams, the House of Lords defines substantial as “a matter of impression, for whether the part taken is substantial must be determined by its quality rather than its quantity. [read post]
26 Feb 2018, 1:00 am
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018. [read post]
25 Feb 2018, 7:32 pm
The Court formulated the 3-part test that is still used today, which was itself imported from the House of Lords, The three‑part American Cyanamid test (adopted in Canada in Manitoba (Attorney General) v. [read post]
23 Feb 2018, 8:45 am
(ii) Lord Sumption His Lordship found “formidable difficulties” with the counterfactual assumption underpinning the first hypothesis. [read post]
23 Feb 2018, 1:21 am
Lord Neuberger similarly stated that courts should “bear clearly in mind” the need to interpret the duty in a way which does not impose an impossible or disproportionate burden on the police. [read post]
22 Feb 2018, 8:55 am
The IPKat expects that the very vocal panel of judges in the form of Lord Mance, Lord Sumption, Lord Reed, Lord Hodge and Lord Briggs will be grappling with these issues and much more in preparing their judgment. [read post]
19 Feb 2018, 1:00 am
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018. [read post]
18 Feb 2018, 1:35 pm
So, childrens' rights are significantly embedded in the family and difficult to separate from them (See The Christian Institute & Ors v The Lord Advocate (Scotland) [2016] UKSC 51 (28 July 2016) for an example of this in action, which Allan Norman wrote about on Pink Tape here). [read post]
17 Feb 2018, 7:31 am
The use of prosecution history must support at least one of the two instances identified by Lord Neuberger in Actavis v Lilly. [read post]
17 Feb 2018, 7:30 am
”Henry loved when he was in "shear mode"Claim "Interpretation" - it is all about what you say and disclaimWith the old "Construction" heading now replaced with "Interpretation", Mr Justice Carr stated he would be applying"principles concerning normal interpretation and equivalents set out by the Supreme Court in Actavis v Eli Lilly [2017] UKSC 48, [2018] and by the Patents Court in Mylan v Yeda [2017] EWHC 2629 (Pat)… [read post]
12 Feb 2018, 5:00 am
He stated in an interview with the CBC, “fundamentally, it’s about business models that will solve these issues”. [read post]
12 Feb 2018, 3:40 am
They might find some consolation in Lord Hughes (from [102] onwards), who did not think that the distinction between positive acts and omissions was the sole explanation for the previous decisions protective of the police. [read post]
12 Feb 2018, 1:00 am
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018. [read post]
8 Feb 2018, 3:12 am
The inviolability of documents which are part of a mission archive under arts 24 and 27(2) of the VCDR makes it impermissible to use such documents (or copies) in a domestic court of the host country, absent extraordinary circumstances such as state security, or express waiver from the mission state. [read post]
5 Feb 2018, 1:00 am
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018. [read post]
4 Feb 2018, 4:05 pm
On 29 January 2018, the death was announced of retired Lord Justice, human rights campaigner, blogger and IT champion, Sir Henry Brooke. [read post]
29 Jan 2018, 11:28 pm
Whether the Lord Bissell lawyers should have gone public with their concerns, blowing the whistle on their client, remains a matter of debate – and that expectation probably went a bit too far. [read post]
