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8 Feb 2023, 7:36 am by INFORRM
On the same day, judgment was handed down by Warby LJ in the appeal Riley v Sivier [2023] EWCA Civ 71. [read post]
2 Feb 2023, 1:03 pm by familoo
The first authority that is worth considering is the case of Re A (A Child) (Supervised Contact) (Section 91(14) Children Act 1989 Orders) [2021] EWCA Civ 1749, decided by King LJ, a judgment prepared just before the new s91A was about to come into force, but which dealt with the already changed landscape since Re P had been decided some 22 years prior. [read post]
29 Jan 2023, 10:15 pm by GWS Law
Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 per Males LJ at [22] “Case law has established that the term ‘proceedings’ as used in the QOCS rules does not bear this natural meaning in its full sense. [read post]
24 Jan 2023, 4:37 am by Cyberleagle
If anything graphically illustrates the perilous waters into which we venture when we require online intermediaries to pass judgment on the legality of user-generated content, it is the government’s decision to add S.24 of the Immigration Act 1971 to the Online Safety Bill’s list of “priority illegal content”: user content that platforms must detect and remove proactively, not just by reacting to notifications. [read post]
22 Jan 2023, 11:22 am by Giles Peaker
(Jakimaviciute) v Hammersmith and Fulham LBC (2014) EWCA Civ 1438 (our note) and Richards LJ’s view that The disqualification effected by (the council’s policy) is fundamentally at odds with the requirement under section 166A(3)(b) of the 1996 Act to frame a scheme so as to secure that reasonable preference is given to people who are owed a housing duty under one of the provisions of Part VII. [read post]
10 Jan 2023, 7:07 pm by Sabrina I. Pacifici
Library Journal: “Brooklyn Public Library’s Nick Higgins, Amy Mikel, Karen Keys, Jackson Gomes, and Leigh Hurwitz have been named LJ’s 2023 Librarians of the Year for their work on Books Unbanned, providing free ebook access to teens and young adults nationwide to help defy rising book challenges across the country. [read post]
10 Jan 2023, 4:28 pm by INFORRM
Warby LJ gave a judgment in the Court of Appeal with which Underhill V-P and Snowden LJ agreed. [read post]
31 Dec 2022, 4:51 pm by INFORRM
  On 11 August 2022 Andrews LJ refused MGN permission to appeal. [read post]
27 Dec 2022, 3:25 am by Julius Stobbs (Stobbs IP)
Arnold LJ remarked during the Appeal hearing that “the purpose of sanctions for non-use will be undermined if they can be circumvented by evergreening. [read post]
22 Dec 2022, 2:30 pm by Henry P Yang
Declaratory relief in aid of foreign proceedings Arnold LJ, with whom Nugee LJ and Sir Christopher Floyd agreed, pointed out that it is quite different to seek a declaration from the Patents Court for the sole purpose of influencing a foreign court applying its own law ([35]). [read post]
22 Dec 2022, 4:00 am by Amy Salyzyn
. ______________ [1] See Report to Convocation, Professional Regulation Committee, Law Society of Upper Canada (October 25, 2018). [2] Stephen GA Pitel & Will Bortolin, “Revising Canada’s Ethical Rules for Judges Returning to Practice” (2011) 34:2 Dal LJ 483 at 485. [3] See Report to Convocation, Professional Regulation Committee, Law Society of Upper Canada (January 28, 2016). [4] For an analysis of the revisions see Richard Devlin et al, “A Mixed Bag: Critical… [read post]
12 Dec 2022, 7:46 am by CMS
While he does not believe that Scarman LJ intended to lay down any general principles when using, the phrase “the minimum equity to do justice” has since been used many times to denote a general application. [read post]
7 Dec 2022, 3:10 am by Jan Neels
Wethmar-Lemmer “Recognition and enforcement of foreign arbitral awards under the International Arbitration Act 17 of 2017” 2019 SA Merc LJ 378 (appeared in 2020). [read post]
2 Dec 2022, 1:00 am by CMS
David Richards LJ remitted the counterclaim to the Chancery Division. [read post]
24 Nov 2022, 1:27 am by steve cornforth blog
Dillon LJ continued - ‘When I read the papers, I was surprised to see that the plaintiff had not based his claim on an allegation that at all material times the house let to him by the defendant council had not been fit for human habitation…I was even more surprised to be told by counsel…’   What counsel told him was that was in fact, no enforceable cause of action for tenants in relation to fitness. [read post]
14 Nov 2022, 5:31 am by Eugene Volokh
Likewise, the court noted that it counted against the mother: (1) the sharing of sex life details, (2) making remarks about a date's erectile dysfunction, (3) raising her voice during a conversation with the children about sexuality, (4) leaving the sex toy exposed, (5) allowing the children to be in the presence of a man she was dating who became intoxicated and acted highly inappropriately, (6) physically wrestling with the children after drinking, (7) verbally abusing EJ and… [read post]
4 Nov 2022, 8:44 am by David Pocklington
Disposal of the instant proceedings The Deputy Chancellor noted that where the proposal for which permission is sought is contrary to English law, a faculty is ineffective and ought not to be issued, Re Christ Church, Spitalfields [unreported but reviewed noted at (2016) 18 Ecc LJ 128, and the second, substantive appeal reported at Re Chris Church Spitalfields [2019] EACC 1. [read post]