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17 Dec 2014, 12:00 am
Yet in Pitchford LJ’s view, Auld LJ and the parties in Osmani had thought it “axiomatic” that the support provided to Mr Osmani by his wife was relevant to the question of vulnerability [37]. [read post]
16 Dec 2014, 4:01 pm
Clearly we were wrong, at least LJ Lewiston who gave the sole decision thinks so. [read post]
12 Dec 2014, 2:00 pm
(ljs) [read post]
11 Dec 2014, 2:00 pm
(From Cambria Sheridan) (ljs) [read post]
9 Dec 2014, 2:57 pm
Baker J considered the guidance in Re EC (Disclosure of Material) [1996] 2 FLR 725 CA, noting that whilst the balance as between the factors identified in the 10-point guidance of Swinton-Thomas LJ in that case may have shifted following the enactment of the Human Rights Act 1998, the guidance remained valid and Re EC remains the leading authority. [read post]
5 Dec 2014, 2:00 pm
(ljs) [read post]
3 Dec 2014, 9:29 am
In the Court of Appeal ([2013] EWCA Civ 230) the leading judgment was given by Longmore LJ, with which Rimer LJ and Tomlinson LJ unanimously agreed. [read post]
1 Dec 2014, 5:00 am
Whereas Black LJ and Sir Macolm Pill noted the fundamental rights involved in asylum claims and were notably less deferential. [read post]
30 Nov 2014, 3:58 pm
On the issue of proportionality, Laws LJ also found in favour of the police and therefore dismissed the appeal. [read post]
30 Nov 2014, 3:58 pm
On the issue of proportionality, Laws LJ also found in favour of the police and therefore dismissed the appeal. [read post]
30 Nov 2014, 2:00 pm
(ljs) [read post]
28 Nov 2014, 6:16 am
McCombe LJ, however, voiced “concern” as to Hamblen J’s decision on the capacity issue. [read post]
28 Nov 2014, 3:17 am
Etherton LJ (giving the leading judgment), also held that that court was entitled “to take into account a wide range of considerations in order to ensure that the defence only applies where it is a just and proportionate response to the illegality involved in the light of the policy considerations underlying it. [read post]
26 Nov 2014, 3:18 pm
Kitchin LJ delivered judgment for the court and there were no great surprises:IPC's appeal* the trial judge was entitled to make the findings that he did, and to reject the infringement claim. [read post]
26 Nov 2014, 2:00 pm
(ljs) [read post]
26 Nov 2014, 5:22 am
The Divisional Court (Gross LJ, Swift and Foskett JJ) began by considering the relevance of the decision of the European Court of Human Rights in Gillan v UK 50 EHRR 1105. [read post]
21 Nov 2014, 10:08 am
Christopher Clarke LJ said this "[55]... [read post]
18 Nov 2014, 1:00 am
However, the Supreme Court found that Mummery LJ has misinterpreted the decision in Buttes Gas. [read post]
17 Nov 2014, 1:16 am
Lewison LJ considered that use of the beach therefore occurred by virtue of a grant of permission, and not as of right. [read post]
16 Nov 2014, 8:24 am
It is difficult to imagine that Hobhouse LJ, when he adopted the Pereira test, ever imagined that its use would result in a quasi statutory test whereby applicants who, on an ordinary meaning of the word are vulnerable, and are at risk of serious harm if made street homeless, are deemed not in priority need. [read post]
