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29 Jan 2018, 2:57 am
Are the famous words of Lord Hoffman in Kirin-Amgen that "life is too short" to consider the file, soon to ring hollow? [read post]
23 Jan 2018, 3:57 am
The decisions so far On the first issue, the courts below were necessarily bound by the principle espoused by the House of Lords in R v Bancoult (no 2) [2009] 1 AC 453: that declarations of application attach not to the land which is contained in the territory of the signatory state, but instead to the ‘political entities’ about which the declaration is made; with the result that a declaration lapses whenever a ‘new political entity’ is formed. [read post]
22 Jan 2018, 4:11 pm
Forum non conveniens The Claimant relied on EU case law (Owusu v Jackson (C-281/2002) and Maletic v lastminute.com GmbH (C-478-12)) to argue that the court was precluded from considering forum non conveniens issues. [read post]
22 Jan 2018, 1:00 am
R (Gibson) v Secretary of State for Justice, heard 5 Dec 2017. [read post]
21 Jan 2018, 4:51 pm
The Data Protection Bill [pdf] has now passed all its stages in the House of Lords and has now gone to the House of Commons.. [read post]
19 Jan 2018, 3:58 am
The inventor's views and corresponding documents may be used to try and define claim scope, obviousness, novelty, and the state of the art. [read post]
14 Jan 2018, 4:32 pm
United States The Socially Aware Blog has a post which considers a recent decision made by the Sixth Circuit in Signature Management Team, LLC v. [read post]
7 Jan 2018, 1:51 pm
Although the passage in the speech of Lord Brown in Smith referred to the parents’ appeal to the House of Lords in D v East Berkshire, there seems to me no doubt that Lord Toulson was addressing the broader proposition. [read post]
5 Jan 2018, 9:09 am
The Supreme Court Lady Hale and Lords Kerr, Wilson, Hughes and Hodge unanimously allowed the appeals by consent. [read post]
31 Dec 2017, 12:22 pm
But then there are two previous judgments on this issue, which the Upper Tribunal then turns to: Secretary of State for Work and Pensions v Nelson and Fife Council (2014) UKUT 525 (AAC) (our report here) and Secretary of State for Work and Pensions v Glasgow City Council and IB (2017) CSIH 35 (our report here). [read post]
29 Dec 2017, 8:16 am
Despite some evidence relating to some conventions, there was insufficient evidence to demonstrate a widespread and consistent state practice. [read post]
29 Dec 2017, 8:00 am
Even so, Lord Carnwath acknowledged that had the CFR been held to apply interesting questions would have arisen under art 21. [read post]
29 Dec 2017, 7:59 am
Lords Clarke, Wilson and Sumption agreed with Lord Carnwath’s lead judgment and Lady Hale delivered a concurring judgment. [read post]
29 Dec 2017, 7:59 am
However, Lord Carnwath had two difficulties with this proposition. [read post]
28 Dec 2017, 11:13 am
The LORD is good and we will continue to serve HIM with all our heart.'" The court noted that a ban on threats of discrimination is constitutional: The Supreme Court's decision in Rumsfeld v. [read post]
21 Dec 2017, 7:06 am
This, as Lord Kerr found, was simply wrong. [read post]
21 Dec 2017, 4:10 am
In Dover District Council v CPRE Kent [2017] UKSC 79, Lord Carnwath offered some important observations on the duty to give reasons in administrative law. [read post]
21 Dec 2017, 2:58 am
Issue 2, emanation of State of Iraq SOMO did not pursue its argument that it was entitled to state immunity as an emanation of the State of Iraq or because it was exercising sovereign authority Issue 3, identification of the creditor By a majority of 3:2, the Supreme Court held that the creditor under the letters of credit was SOMO alone: Lords Clarke (paras 19 to 26), Lord Sumption (paras 61 to 65) and Lord Hodge (paras 74 to 78) accepted… [read post]
21 Dec 2017, 1:00 am
The case was heard by Lady Hale, Lord Sumption, Lord Reed, Lord Hodge, Lady Black. [read post]
20 Dec 2017, 11:40 am
Topics this month include:Top StoriesUS v. [read post]
