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13 Apr 2011, 2:23 am
The UK had attempted to appeal the recent decision in Greens and M.T. v. the United Kingdom. [read post]
13 Apr 2011, 1:43 am
As Lord Bingham said in R v Cambridge Health Authority ex parte B, I have no doubt that in a perfect world any treatment which a patient, or a patient’s family, sought would be provided if doctors were willing to give it, no matter how much it costs, particularly when a life was potentially at stake. [read post]
12 Apr 2011, 10:00 pm
Section 3 of the Representation of the People Act 1983 remains unamended by the rulings in Hirst v United Kingdom (No 2) (2006) 42 EHRR 849 and Greens and MT v United Kingdom (23 November 2010) that it offends against Article 3 Protocol 1 by imposing a blanket ban on prisoners from participating in elections. [read post]
10 Apr 2011, 3:43 am
Judging by the response and the downloads, people seem to enjoy them. [read post]
8 Apr 2011, 5:10 am
Conclusion In Slim v Daily Telegraph Ltd Lord Diplock referred to “the artificial and archaic character of the tort of libel” ([1968] 2 QB 157, 171). [read post]
8 Apr 2011, 1:17 am
He goes on to discuss the now infamous hunting ban case, R (Jackson) v Her Majesty’s Attorney-General. [read post]
6 Apr 2011, 5:51 pm
The Consultation Paper explains that this is intended to ensure that the provision catches publications to a limited number of people (e.g. a blog with a small number of subscribers). [read post]
5 Apr 2011, 1:00 am
Thus R. v. [read post]
4 Apr 2011, 7:08 am
Tollett [(1817) 2 Starkie 37], the rule was stated by Lord Ellenborough, at p. [read post]
1 Apr 2011, 5:13 am
The claimant sued after the council sent an email to a number of people, informing them that her name had been put onto its “violent persons register”. [read post]
31 Mar 2011, 5:04 am
Both writers argued in favour of the new single publication rule, which would bury the 160 year old common law authority, Duke of Brunswick v Harmer, that is the basis for the legal interpretation of every download of an online article as a new publication. [read post]
29 Mar 2011, 7:26 am
Turning, then, to the House of Lords’ decision, Jacob LJ noted that Lord Hoffmann explicitly endorsed the Court of Appeal’s approach in the case. [read post]
29 Mar 2011, 6:00 am
Although agreeing with the reasoning in the lead judgment (by Lord Neuberger MR), Sedley LJ expressed some misgivings about the consequences of it. [read post]
27 Mar 2011, 10:50 pm
The Mayor of London v. [read post]
23 Mar 2011, 5:10 pm
In the recent case of London Borough of Hillingdon v Neary [2011] EWHC 413 (COP) the issue of media access to Court of Protection proceedings arose for determination. [read post]
22 Mar 2011, 12:33 pm
Lord Walker points out that the 2002 Regulations were clearly aimed at catching foreign nationals seeking to take advantage of the UK benefit system (a point acknowledged by Lord Hope at para 49). [read post]
20 Mar 2011, 11:50 pm
I will end with a quote, which will hopefully be widely repeated, from Lord Neuberger’s recent and excellent speech on open justice: Persuasion should be based on truth rather than propaganda. [read post]
20 Mar 2011, 1:42 am
One aspect of this issue was covered in my post on the case of Ntuli v Donald ([2010] EWCA Civ 1276). [read post]
19 Mar 2011, 8:21 am
The Supreme Court recently delivered judgment in the case of Patmalniece (FC) v SoS for Work and Pensions. [read post]
17 Mar 2011, 1:39 pm
Lord Hardwicke’s Marriage Act of 1753 sought to change this and tighten the requirements. [read post]
