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20 Jul 2022, 4:37 am
POCA gives the courts the power to make a restraint order freezing the assets of an alleged criminal, with the overall aim of ensuring that the proceeds of crime can be confiscated by the State in the event a crime has been committed. [read post]
10 May 2018, 11:12 pm
Remington [1990] FSR 181; and Kirin-Amgen v. [read post]
27 Apr 2009, 4:56 pm
The Lord President has now stated that the necessary Act of Sederunt to give effect to this is being drafted and should be in force by mid-May. [read post]
4 Dec 2023, 7:41 am
In this post, Phil Woodfield and Elizabeth Lombardo of CMS comment on the Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, which was handed down on 15 November 2023. [read post]
25 May 2023, 11:00 pm
In simple terms, the government cannot take your land and then decide later what to do with it without running afoul of the Takings Clause of the Fifth Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment.Absent “urban blight,” or other exceptions which weren’t present here, the AD4 annulled the Town’s efforts to acquire the Mall property and awarded the owner its fees and costs.Not that’s a condemnation if… [read post]
4 Oct 2020, 2:49 pm
And it looks like there will be election litigation that will make Bush v. [read post]
11 Aug 2023, 8:40 am
Following the case of Giles v Rhind (No 2) [2008] EWCA Civ 118 (“Giles v Rhind”), Mr Justice Jay found that s 32(2) LA 1980 should be interpreted more widely, so as to cover “legal wrongdoing of any kind, giving rise to a right of action”. [read post]
19 Mar 2008, 12:05 pm
In KC & Anor v City of Westminster Social & Community Services Dept. [read post]
8 Oct 2018, 1:00 am
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018. [read post]
19 Nov 2019, 4:18 pm
This will provide some additional clarity on the correct application of the principles set out by Lord Sumption in Lachaux v Independent Print Ltd [2019] UKSC 27. [read post]
14 Apr 2015, 1:05 am
Lord Neuberger stated that it seemed wrong in principle that through the grant of planning permission, a planning authority should be able to deny a property-owner the right to object to what would otherwise be a nuisance, without providing compensation. [read post]
8 Sep 2009, 11:30 am
In 2000, the House of Lords effectively approved these conditions, in the landmark case on the point - Inco Europe v. [read post]
25 Jun 2008, 8:24 pm
E.g., United States v. [read post]
7 Oct 2011, 8:47 am
The guiding principle in Scots law is Lawrie v Muir 1950 JC 19, which states that an irregularity in the method by which evidence has been obtained does not necessarily make that evidence inadmissible in a criminal prosecution [17]. [read post]
17 Jul 2017, 3:39 pm
As noted in the first post, the Supreme Court reformulated the Improver questions, originally posed by Lord Hoffmann when at first instance and subsequently further evaluated by him in the House of Lords in Kirin-Amgen, which thoroughly examined the UK approach to patent claims. [read post]
3 Dec 2021, 12:19 am
In reaching this conclusion, the Senior Master referred to: Campbell v MGN Ltd [2004] UKHL 22 at [132]; McKennitt v Ash [2008] QB 73 per Buxton LJ at [8]; Wainwright v The Home Office [2004] 2 AC 406 at [18]-[19] and [23], [43] and [62] Perhaps unsurprisingly, the notion of a tort of physical intrusion privacy were given short shrift. [read post]
30 Jan 2017, 1:00 am
The hand down panel will be Lord Mance, Lord Kerr and Lord Hughes. [read post]
6 Mar 2018, 5:49 am
” Image via Wikipedia.One of thirteen total children to an English lord, Margaret Brent and several of her siblings immigrated to the new world to better their own fortunes. [read post]
4 Feb 2018, 4:05 pm
On 29 January 2018, the death was announced of retired Lord Justice, human rights campaigner, blogger and IT champion, Sir Henry Brooke. [read post]
25 Jan 2012, 5:05 am
Secretary of State for Energy and Climate Change v. [read post]
