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13 Oct 2021, 2:50 am
In December 2020, the FCA published a Final Notice issued to an IFA, LJ Financial Planning Ltd, in connection with SIPP pension transfers and conflicts of interest. [read post]
19 Nov 2008, 2:52 pm
Some people say that the referral of the questions is a feeble surrender to the demand of Lord Justice Jacob in Aerotel/Macrossan that the EPO resolve the contradictions in its earlier rulings -- contradictions the existence of which the previous President of the EPO denied -- or whether it is a resolute defence of the EPO's resistance to such pressures that have led it to ask its own questions of the Enlarged Board rather than those articulated by Jacob LJ. [read post]
4 Apr 2012, 9:43 am
Permission to appeal had been refused on paper by Sir Richard Buxton on 6 March 2012 but granted by Moore-Bick LJ at an oral hearing on 26 March 2012. [read post]
16 Nov 2009, 2:22 pm
The rights of the community and the inconvenience to the witnesses must, contrary to the view of Langstaff J, be a relevant consideration (see, by analogy, West Kent Housing Association v Davies (1999) 31 HLR 415, where Robert Walker LJ explains the importance of appreciating the difficulty that a claimant can have in marshal ling evidence and witnesses in ASB cases). [read post]
5 May 2016, 1:00 pm
Our event will be held from 2 p.m. to 5 p.m. in Room LJ-119, located on the first floor of the Thomas Jefferson Building, 10 First St. [read post]
22 Sep 2011, 5:03 am
In that case, the court was considering a prohibited steps order in which the court had prevented the father from staying overnight in the matrimonial home, effectively an ouster order, and Ward LJ held that that was not within the court's jurisdiction:"Section 11.7 in my judgment is ancillary to the making of a Section 8 order, it is governed by the provisions for making of a Section 8 order and does not allow the importation by this back door of the matters laid down in the… [read post]
1 Sep 2013, 9:49 pm
Murray Heining, Chairman of the Association of Costs Lawyers, recently commented on this issue and repeated the comments of Dyson LJ (as he then was) in Buxton v Mills-Owens [2010] 1 WLR 1997: “[the solicitors] were under a professional duty not to include in the court documents that they drafted any contention which they did not consider to be properly arguable and not to instruct counsel to advance contentions which they did not consider to be properly arguable. [read post]
22 Feb 2012, 2:36 pm
LJ Jackson’s review of civil costs and the ensuing legislative process to enact his recommendations highlights the importance of, and necessity for, academics and their research in the development of policy and law reform. [read post]
7 Feb 2008, 11:31 am
LJ Arden’s judgment worries about the impact of immediate effect, but declines to construe the statute as including ‘a reasonable time’ for the accommodation to be secured. [read post]
13 Aug 2008, 3:36 am
Meanwhile, Peter tells me that LJ announced that a million book covers are now available for download and display in library OPACs via LibraryThing. [read post]
25 Jun 2018, 12:05 pm
Since the Mascaros failed to prove that their use of the Property for topsoil manufacturing and screening was legally established under either Riverton City or Salt Lake County jurisdiction, the court found the Appeal Authority properly upheld the Commission’s denial of the request for nonconforming use status LJ Mascaro Inc. v Herriman City, 2018 UT 12766 (6/21/2018) [read post]
Richardson v Richardson: Cases in which a Barder event can be successfully argued are extremely rare
8 Feb 2011, 9:18 am
Lord Justice Munby also entirely agreed with the "powerful observations" of Thorpe LJ (at paragraph 86):"Cases in which a Barder event, as opposed to a vitiating factor, can be successfully argued are extremely rare, should be regarded by the specialist profession as exceedingly rare, and should not be thought to be extendable by ingenuity or the lowering of the judicially created bar. [read post]
20 Feb 2009, 4:12 am
Longmore LJ submitted that to say that "a claim in respect of a contract" had to be "in respect of a contract between the intended claimant and the intended defendant" was to add words to the rule and that in his opinion GWM's claim had a clear connection with a contract (the ATE) governed by English law. [read post]
21 Jan 2010, 5:15 am
LJ Tuckey, giving the leading decision, rejected this submission stating: The mere fact that the defendant went away was obviously not conclusive, because he had done so in the past in order to work. [read post]
17 Feb 2010, 6:09 am
Jacob LJ however took the opportunity to disagree with him about the "finely balanced" bit: "The upshot is that I would uphold the decision of the Judge. [read post]
24 Feb 2010, 12:00 am
In evaluating the evidence, he referred to the following passage from the judgment of Goff LJ in Armagas Ltd. v. [read post]
13 Jul 2008, 6:43 am
Morris, "Trust Fund Statutes and the Discharge of 'Trustee' Debts Under Bankruptcy Code Section 523(a)(4)," 28 MI Bus LJ 11 (Spring, 2008). [read post]
11 Mar 2020, 8:37 am
There were, in substance, three points which were decided in Google’s favour by Warby J ([2018] EWHC 2599 (QB)) and on which his judgment was overturned by the Court of Appeal (Dame Victoria Sharp P, Sir Geoffrey Vos C and Davis LJ), namely Whether a “uniform per capita” amount of compensation can be awarded for “loss of control” for a non-trivial breach of the DPA even if the breach causes no material damage or distress? [read post]
20 Dec 2023, 8:19 pm
” See also from LJ World [read free] – New security system that monitors students’ computer use has ‘inundated’ district with alerts; leader apologizes to staff… “According to information obtained from the district on Friday, there have been 408 “detections” of concerning behavior since Gaggle’s districtwide launch on Nov. 20. [read post]
24 Jun 2011, 8:18 am
Of course, as Munby LJ pointed out, applying such an approach, the Administration of Justice Acts would be unconstitutional and Mr Zinda would have no right to remain in occupation at all. [read post]
