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30 Nov 2012, 9:52 am
Lord Devlin in Hussein v Chong Fook Kam (1970) defined it by saying: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking; ‘I suspect but I cannot prove’…suspicion can take into account matters that could not be put in evidence at all. [read post]
30 Nov 2012, 9:52 am
Lord Devlin in Hussein v Chong Fook Kam (1970) defined it by saying: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking; ‘I suspect but I cannot prove’…suspicion can take into account matters that could not be put in evidence at all. [read post]
20 Aug 2012, 1:57 am
” Judge Scheindlin also found that the plaintiffs had presented sufficient evidence to raise an issue of fact as to whether the defendants acted with the requisite state of mind. [read post]
23 Feb 2014, 4:03 pm
These awards cannot be enforced against the defendant in the United States. [read post]
7 Sep 2023, 6:40 am
This argument has never been tested by the UK or EU courts, instead only arising when there is an underlying disability that prevents carrying a pregnancy (Murphy v Slough Borough Council [2005] ICR 721; Case C-167/12 CD v ST [2014] ECLI:EU:C:2014:169; Case C-363/12 Z v A (Re Equal Treatment) ECLI:EU:C:2014:159). [read post]
17 Jan 2012, 7:14 am
The Court generally does not control the pace at which new cases are considered for potential review. [read post]
1 Jul 2011, 12:30 am
Although the legal premise for such cases arose in the 1980s (see, for example State (O’Connell) v Fawsitt [1986] I.R. 362 and Murphy v DPP [1989] I.L.R.M. 71) real interest in the “missing evidence” concept as a method to seek to force the prohibition of an impending trial did not gather pace until the early 2000s. [read post]
7 Aug 2015, 7:53 am
(RT: And the existence of entities motivated to make it fail, pace Lauren Willis!) [read post]
16 Jul 2011, 8:39 am
Bank of China Ltd.: In Keren Elmaliach v. [read post]
16 Jul 2011, 8:39 am
Bank of China Ltd.: In Keren Elmaliach v. [read post]
21 May 2023, 9:05 pm
In a 2019 decision, Marchand v. [read post]
18 Sep 2018, 7:44 am
Brief of State-Appellee at 29, State v. [read post]
3 Jan 2012, 3:33 pm
It is the challengers, Texas has countered, who have slowed the pace. [read post]
6 Feb 2023, 9:01 pm
” Indeed, Pomerantz may even mean federal crimes, and not the state crimes that the DA’s Office was investigating. [read post]
2 Apr 2012, 4:30 am
V. [read post]
8 Jan 2019, 2:05 pm
Essentially, stated the court, the Owner controlled the pace and schedule of completion. [read post]
16 May 2022, 7:26 am
[i] Data Protection Commission v. [read post]
20 Oct 2020, 10:48 am
That changed abruptly in 2017 with the Supreme Court’s decision in TC Heartland LLC v. [read post]
17 Oct 2024, 3:54 am
Bs Thornton pointed out that in 2020, the High Court had ruled (in R (Harrison & Ors) v Secretary of State for Justice [2020] EWHC 2096 (Admin) at [111]) that the failure to provide humanist marriages in England and Wales was discriminatory and the Government could not simply “sit on its hands” and do nothing – to which Lord Ponsonby responded, not unreasonably, that “the previous Government chose not to respond to the Law Commission report, and we… [read post]
24 Feb 2015, 7:14 am
It is said that the law cannot keep pace with society, evolving about twenty years slower than the culture, but even the United States Supreme Court has caught on to the uniqueness of the modern “cell phone,” calling the devices “minicomputers that also happen to have the capacity to be used as a telephone” in a landmark case last year called Riley v. [read post]
