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29 Oct 2021, 1:56 pm by Mukarrum Ahmed
By a 3:2 majority expressed “entirely obiter” (Brownlie II, at [45]) the Court had answered affirmatively: [48]-[55] (Baroness Hale), [56] (Lord Wilson) & [68]-[69] (Lord Clarke). [read post]
19 Jan 2024, 9:16 am by CMS
Lord Hodge who gave the only judgment (with which Lord Lloyd-Jones, Lord Leggatt, Lord Burrows and Lady Rose agreed) stated (at [33]): “.. the purpose of section 471(3) is to circumvent the difficult issues that can arise in the application of section 471(1). [read post]
8 May 2012, 6:42 am by Andrew Crank, Olswang LLP
(i) Stanford International Bank Limited (acting by its joint liquidators) (Appellant) v Director of the Serious Fraud Office (Respondent); and (ii) Stanford International Bank (acting by its joint liquidators) (Respondent) v The Director of the Serious Fraud Office (Appellant) (Oral Hearing)   Earlier this year, the Supreme Court  heard a complex dispute arising from the collapse of Stanford International Bank (“SIB”) in early 2009. [read post]
23 Nov 2020, 1:00 am by Matrix Legal Support Service
The proposed panel for hand-down is Lord Carnwath, Lady Black, Lady Arden, Lord Kitchin, and Lord Sales. [read post]
2 Aug 2016, 6:58 am by Jack Kennedy
On 16 December 2015, the Supreme Court handed down judgment in Société Coopérative de Production SeaFrance SA v The Competition and Markets Authority. [read post]
16 Jan 2017, 1:00 am by Matrix Legal Support Service
The hand down panel will be Lord Neuberger, Lady Hale and Lord Mance. [read post]
9 Jan 2017, 9:12 am by Charlene Richer
On examining the authorities relied upon in the Court of Appeal (R v Ngyuen [2008] EWCA Crim 585 and R v O’Dowd [2009] EWCA Crim 905), the Court did not consider that there was any clear definitive statement on the issue now raised. [read post]
13 May 2020, 2:30 am by Matrix Legal Support Service
Lord Kerr, delivering judgment, held that even if a presumption exists that Parliament intends Carltona to apply, it was displaced by a proper interpretation of articles 4(1) and 4 (2) of the 1972 Order read together. [read post]
17 Dec 2018, 1:00 am by Matrix Legal Support Service
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018. [read post]
25 May 2012, 10:06 am by Laura Sandwell
On Tuesday the ECtHR ruled that member states must give some prisoners the right to vote in Scoppola v Italy, and has imposed a timetable for the UK’s compliance. [read post]
11 Feb 2012, 12:36 am by INFORRM
This could be a recipe for confusion” (Campbell v MGN [2004] 2 AC 457 [22], Lord Nicholls). [read post]
17 Feb 2016, 2:18 am by Matrix Legal Support Service
In giving the lead judgment Lord Hodge stated that, against the background of the other relevant provisions of ICTA, the court concluded that s 103 does not contain an implicit restriction so that the charge to tax on post-cessation receipts falls only on the former trader whose trade was the source of the income. [read post]
28 Feb 2008, 12:44 pm
Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. [read post]
28 Mar 2015, 5:41 pm by INFORRM
As Lord Browne-Wilkinson said in R v Secretary of State for the Home Department, Ex p Pierson [1998] AC 539: A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power which adversely affect the legal rights of the citizen or the basic principles on which the law of the United Kingdom is based unless the statute conferring the power makes it clear that such was the intention of Parliament. [read post]
12 Jan 2015, 3:47 am by Jani
As was stated by Lord Justice Gibson in Asprey & Garrard Ltd v WRA (Guns) Ltd: "...the defence has never been held to apply to names of new companies as otherwise a route to piracy would be obvious". [read post]
12 Oct 2008, 12:55 pm
The European Court of Human Rights has made clear in Connors v UK (2005) 40 EHRR 9 and McCann v UK (19009/04), that each person faced with eviction proceedings should be able to have a court assess the proportionality of the proposed eviction and, whilst the House of Lords haven’t quite gone as far as this yet, in both Kay v LB Lambeth [2006] UKHL 10; [2006] 2 AC 465 and Doherty v Birmingham CC [2008] UKHL 57, they made clear that the approach… [read post]
16 Jan 2019, 4:48 pm by INFORRM
Butt v Secretary of State for the Home Department, heard 17 October 2018 (Underhill V-P, Sharp LJ and Sir Rupert Jackson). [read post]
13 Aug 2014, 6:06 am by INFORRM
The Claimants had sought to rely on an observation made by Lord McNally, the Minister of State in charge of the Bill, in the House of Lords Grand Committee debate of 17 December 2012, when he said: “Our view is that the serious harm test would raise the bar to a modest extent above the requirement of the current law. [read post]