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26 Oct 2021, 12:41 am
It is arguable that Lord Hodge and Lord Briggs’ “subjective intention” test is more in line with the approach taken by the German courts in Östrogenblocker (applied by Hacon HHJ in the case at hand), which introduced a mental element based on foreseeability. [read post]
1 Apr 2019, 1:00 am
Secretary of State for Work and Pensions v Gubeladze, heard 12-13 Mar 2019. [read post]
20 Jun 2011, 9:00 am
DONE at the city of Washington this thirty-first day of December in the year of our Lord one thousand nine hundred eighty and of the Independence of the United States of America the two hundred fifth. [read post]
4 Apr 2010, 11:33 am
Lord Mustill in Powell and English stated that where D and P embark on a criminal venture in which P goes further than D wishes, but foreseeably so, D has a measure of culpability for P’s act and V’s resulting death but usually at a lower level than P, D is guilty of murder. [read post]
9 Jul 2021, 2:35 am
The appellants, SC and CB (“the adult appellants”), SC’s three youngest children and CB’s five children (“the child appellants”), brought proceedings against the respondents, the Secretary of State for Work and Pensions, the Lords Commissioners of HM Treasury, and the Commissioners for HM Revenue and Customs. [read post]
10 Dec 2014, 12:31 am
This Kat did not have time to get round to reading Hospira v Genentech when it first emerged, and did not immediately notice that it was an entire new case in its own right, and not simply a codicil to the decision that he reported here. [read post]
28 Oct 2015, 3:34 am
In delivering the lead judgment Lord Mance stated that CMR, art 34, qualifies the position that a successive carrier becomes party to the contract of carriage under the terms of the consignment note. [read post]
12 Nov 2020, 6:48 am
The Supreme Court dismissed the appeal by a 3:2 majority, with Lord Hamblen and Lord Leggatt giving the leading judgment (with whom Lord Kerr agreed) and Lord Burrows and Lord Sales each giving dissenting judgments. [read post]
21 Dec 2017, 7:06 am
This, as Lord Kerr found, was simply wrong. [read post]
25 May 2011, 1:00 pm
ARTICLE V Neither of the Contracting Parties shall be bound to deliver up its own citizens under this Treaty, but the executive authority of each shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so. [read post]
11 Apr 2012, 2:03 pm
She said she found out that inside the police department, there is a cult which states that they are children of Satan and worship demonistic things. [read post]
26 Jul 2009, 7:26 am
It is not unknown for HL decisions to be influenced by politics (for example Lord Hoffmans judgement in Birmingham City Council v. [read post]
12 Jun 2017, 6:00 am
R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017. [read post]
14 Jun 2023, 3:09 am
Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 (“Buchanan”), the House of Lords decided by a 3:2 majority that the broad interpretation should be adopted. [read post]
29 May 2009, 2:36 pm
In Kay, Lord Brown expressly stated that Connors could been argued as an “unfairness” challenge in the domestic courts and in Doherty, Lord Hope makes clear that the challenges are not confined to Wednesbury grounds. [read post]
7 Sep 2012, 5:03 pm
Lord Woolf CJ controversially stated: “A public figure is entitled to a private life. [read post]
22 Feb 2011, 6:55 am
” In today’s second case, United States v. [read post]
13 Aug 2024, 6:13 am
From Thursday's decision in Youth 71Five Ministries v. [read post]
5 Jul 2010, 10:08 pm
So all member state courts, however humble, can determine matters of EU law, a state of affairs which in Lord Neuberger’s words “has important consequences. [read post]
27 Apr 2011, 8:20 am
That would have been the end of the matter, but for the House of Lords, which decided in the combined case of A v Hoare to reverse its own decision in Stubbings (1COR’s Lizanne Gumbel QC was for most of the appellants although not Mr Hoare). [read post]
