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23 Dec 2013, 7:49 am
Lewison LJ answers that question unequivocally: “The policy underlying both the Software Directive and the Information Society Directive is identical. [read post]
23 Dec 2013, 1:26 am
It was said on behalf of Mr Gill that, even if the Judge was wrong in his approach, the Court of Appeal, correctly applying s.149, should still refuse the application.Coleridge J gave the leading Judgment but it is the Judgment of Lewison LJ (agreed with by Richards LJ) which is of interest. [read post]
23 Dec 2013, 1:26 am
It was said on behalf of Mr Gill that, even if the Judge was wrong in his approach, the Court of Appeal, correctly applying s.149, should still refuse the application.Coleridge J gave the leading Judgment but it is the Judgment of Lewison LJ (agreed with by Richards LJ) which is of interest. [read post]
21 Dec 2013, 11:59 am
That, said Sullivan LJ was “…little more than a somewhat unattractive pleading point. [read post]
21 Dec 2013, 11:59 am
That, said Sullivan LJ was “…little more than a somewhat unattractive pleading point. [read post]
19 Dec 2013, 4:54 pm
On the other hand the AmeriKat feels a bit unsatisfied by the way in which the Court of Appeal did (or , more accurately, did not) address Novartis's arguments head on about the need to read the priority document as a whole (see Jacob LJ in Unilin at paragraph 61), not each passage in isolation. [read post]
19 Dec 2013, 6:00 am
It quoted the observation of Lewison LJ in Mannion v Gray [2012] EWCA Civ 1667, para 18, that ‘it is vital for the Court of Appeal to uphold robust fair case management decisions by first instance judges’. [read post]
19 Dec 2013, 6:00 am
It quoted the observation of Lewison LJ in Mannion v Gray [2012] EWCA Civ 1667, para 18, that ‘it is vital for the Court of Appeal to uphold robust fair case management decisions by first instance judges’. [read post]
18 Dec 2013, 7:08 am
Moses LJ adds a few words and Floyd LJ agrees with both of them.Kitchin LJ said that Manek and Desnousse were still good law, notwithstanding Pinnock and Powell. [read post]
18 Dec 2013, 7:08 am
Moses LJ adds a few words and Floyd LJ agrees with both of them.Kitchin LJ said that Manek and Desnousse were still good law, notwithstanding Pinnock and Powell. [read post]
18 Dec 2013, 12:36 am
The case reached the court of appeal where the following surprising judgement was made by LJ Lewison (which was unanimously agreed by the other two Judges). [read post]
17 Dec 2013, 2:52 pm
Of course, trivia aside, behind this is a serious judgment about a serious and heartwrenching case, as the judgment in question is that of the President of the Family Division, Munby LJ, in connection with the Reporting Restrictions Orders in the case regarding the child of Allessandra Pacchieri. [read post]
15 Dec 2013, 4:05 pm
Romania: A number of NGOs have asked the President of Romania not to promulgate a law through which, surreptitiously, the offenses of libel and insult have been reintroduced into the Criminal Code Next week in the courts On Monday 16 December 2013, Tugendhat J will hear an application by Google Inc to set aside permission to serve out of the jurisdiction in the case of Vidal-Hall & ors v Google Inc On the same day Christopher Clarke LJ will hear a renewed application for permission to… [read post]
7 Dec 2013, 5:33 pm
LJ Lewison felt that it did. [read post]
7 Dec 2013, 5:33 pm
LJ Lewison felt that it did. [read post]
2 Dec 2013, 12:16 am
Sullivan LJ (an experienced planning judge) disagreed. [read post]
28 Nov 2013, 6:27 am
Following an extensive analysis of the case law, especially Lord Greene’s comments in Gold v Essex County Council[2] and Denning LJ’s in Cassidy v Ministry of Health[3], Lord Sumption identified five ‘defining features’ which, he said, would typically give rise to the existence of a non-delegable duty of care and justify a departure from the general fault-based principle: the claimant is a patient or child or some otherwise vulnerable or dependent person; there is an… [read post]
28 Nov 2013, 6:27 am
Following an extensive analysis of the case law, especially Lord Greene’s comments in Gold v Essex County Council[2] and Denning LJ’s in Cassidy v Ministry of Health[3], Lord Sumption identified five ‘defining features’ which, he said, would typically give rise to the existence of a non-delegable duty of care and justify a departure from the general fault-based principle: the claimant is a patient or child or some otherwise vulnerable or dependent person; there is an… [read post]
26 Nov 2013, 3:30 pm
”The Court of Appeal decision in Clue expressly concerned a scenario in whicha person is unlawfully present in the United Kingdom within paragraph 7 of Schedule 3 [to] the 2002 Act, and is destitute and would otherwise be eligible for services of a kind listed in paragraph 1 of Schedule 3” [Emphasis in judgment]But in this case, even if MK were lawfully present she would not be eligible for s.17 assistance, for the eases given earlier.For good measure, the High Court quotes Sedley… [read post]
26 Nov 2013, 3:30 pm
”The Court of Appeal decision in Clue expressly concerned a scenario in whicha person is unlawfully present in the United Kingdom within paragraph 7 of Schedule 3 [to] the 2002 Act, and is destitute and would otherwise be eligible for services of a kind listed in paragraph 1 of Schedule 3” [Emphasis in judgment]But in this case, even if MK were lawfully present she would not be eligible for s.17 assistance, for the eases given earlier.For good measure, the High Court quotes Sedley… [read post]
