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6 Nov 2012, 7:56 am
The second reason LJ Elias described as being more “sociological”: an employer-worker relationship requires a degree of subordination by the worker to the direction of the employer “Where the relationship is one of partners in a joint venture, that characteristic is absent. [read post]
5 Nov 2012, 2:53 am
In a powerful judgment, Rimer LJ explains that the judge fell into a “fundamental error”. [read post]
30 Oct 2012, 3:42 pm
Patten LJ agreeing with Rimer LJ said this: “160. [read post]
24 Oct 2012, 6:29 am
As Moore-Bick LJ said in K v K, "the circumstances in which these difficult decisions have to be made vary infinitely. [read post]
11 Oct 2012, 4:04 pm
On appeal to the House of Lords, the charge was upheld but the interest for me lies in LJ Bingham's analysis at para 7 of whta s 127 is for. [read post]
30 Sep 2012, 1:36 am
Lloyd LJ rejected this submission because the third party is allowed to sue an undisclosed principal only if the agent entered into the contract within the scope of his actual authority, and, in a corporate veil case, the controller by definition does not authorise the puppet to enter into a contract on his behalf. [read post]
13 Sep 2012, 3:18 pm
In the meantime, he has noted the comments of Etherton LJ, for the Court, at [114] to [118] of the Court in Starbucks: "114. [read post]
13 Sep 2012, 6:54 am
In the meantime, he has noted the comments of Etherton LJ, for the Court, at [114] to [118] of the Court in Starbucks: "114. [read post]
13 Sep 2012, 5:08 am
Sunstein, Lochner ‘s Legacy, Columbia LR 87 (1987): 873; Jed Rubenfeld, The Anti-Antidiscrimination Agenda, Yale LJ 111(2002): 1114. [read post]
11 Sep 2012, 9:03 pm
Tribe, “The Supreme Court, 1972 Term – Foreword: Toward a Model of Roles in the Due Process of Life and Law,” Harvard LR 87 (1973): 1, 6-7, 12-13 & n. 69; Jed Rubenfeld, “The Anti-Antidiscrimination Agenda,” Yale LJ 111(2002): 1141, 1146-47. [read post]
10 Sep 2012, 4:13 pm
Millett LJ said:Parliament’s intention is clear and accords with a literal application of the statute. [read post]
10 Sep 2012, 4:13 pm
Millett LJ said:Parliament’s intention is clear and accords with a literal application of the statute. [read post]
7 Sep 2012, 5:03 pm
At the same time, Buxton LJ expressly doubted Lord Woolf’s notion of “involuntary role models”. [read post]
20 Aug 2012, 4:45 am
Rejecting this argument, Toulson LJ, who delivered the lead judgment, observed that "The underlying justification for the conclusion which I have reached is that it is not, and should not be, open to a party who causes a judgment to be entered in the belief that it is in its financial interest to do so, thereafter to challenge the correctness or reasonableness of the judgment because it comes later to perceive its commercial interest rather differently and regrets its earlier… [read post]
17 Aug 2012, 12:43 pm
The University of New Brunswick Law Journal (UNB LJ) is now available on Quicklaw. [read post]
16 Aug 2012, 7:11 am
As Toulson LJ noted, Barring unforeseen medical advances, neither Martin’s nor Tony’s condition is capable of physical improvement. [read post]
16 Aug 2012, 2:20 am
” (Jacob LJ in Mastercigars Direct Ltd v Hunters & Frankau Ltd (2007)) However, as the Supreme Court acknowledges, whilst this policy might be economically controversial, it is legally well-established. [read post]
15 Aug 2012, 9:03 pm
Johnson, [1978] 2 All E.R. 935 at 938, [1977] EWCA Civ 4: In the well-known case of Balfour v Balfour, [[1919] 2 K.B. 571 at 579], Atkin LJ said that family arrangements made between husband and wife "are not contracts because the parties did not intend that they should be attended by legal consequences". [read post]
14 Aug 2012, 2:56 am
In relation to the weight attached to the different pieces of evidence, Arden LJ said this: The situation, in which a judge is faced with limited evidence of misrepresentation and clear evidence of confusion, is exactly the sort of situation in which the judge is justified in giving more weight to his own experience and to the other evidence, especially the "real" evidence, as I have called it, than to the evidence of the witnesses. [read post]
11 Aug 2012, 3:59 pm
Coming today to TL Research: Most law firms use Microsoft Outlook. [read post]
