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12 Apr 2017, 4:47 pm by Stephen Page
  His Honour stated:            “At first glance, it therefore appears [under s106B(2) and s80(1)] that the Court could very well have the power to make the order charging the husband’s mother’s property if the Court is satisfied after a trial of the orders sought pursuant to s106B should be made and that the husband’s mother should be ordered to repay the money directly to the wife rather than the husband,… [read post]
5 Apr 2017, 3:44 pm by Giles Peaker
At first instance, Mr D lost, but on appeal to a CJ, his argument succeeded. [read post]
27 Dec 2016, 4:11 am
This post is not a summary of the Supreme Court’s recent decision in Jindal Stainless Ltd v State of Haryana, Civil Appeal No. 3453/2002 (2016) (“the Entry Tax case”). [read post]
7 Dec 2016, 2:41 pm by Giles Peaker
Chadbourn v Green (1839) 9 A & E 658 a tenancy for a “term of one year, from the date hereof, and so on from year to year” was said by Lord Denman CJ (for himself, Littledale, Williams and Coleridge JJ) to “give…a term for a year and so on from year to year…for the language of the contract clearly contemplates a term longer than one year”, i.e. a single term. [read post]
5 Dec 2016, 2:30 am by Blog Editorial
He discusses the application of De Keyser principles and the controls imposed by Parliament on prerogative powers to ratify international treaties. 13.05: The hearing has adjourned for lunch and is expected to resume at 14:00. 12.58:  The next case referred to is R v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: James Eadie QC submits that the availability of the prerogative in relation to EU law depends on… [read post]
25 Nov 2016, 7:11 pm
The formation of a larger bench is a much-belated response to the request of a 5-judge bench of the Court in State of Uttar Pradesh v Jaibir Singh[3]for a larger bench for reconsideration of the BWSSB verdict. [read post]
25 Nov 2016, 12:25 pm
The formation of a larger bench is a much-belated response to the request of a 5-judge bench of the Court in State of Uttar Pradesh v Jaibir Singh[3]for a larger bench for reconsideration of the BWSSB verdict. [read post]
12 Nov 2016, 3:18 pm
This post is not a summary of the Supreme Court’s recent decision in Jindal Stainless Ltd v State of Haryana, Civil Appeal No. 3453/2002 (2016) (“the Entry Tax case”). [read post]
27 Sep 2016, 4:20 pm by INFORRM
This is presumably because the Norwich Pharmacal jurisdiction “is a power which for good reasons must be sparingly used” (Megaleasing (above) 503 (Finlay CJ);Doyle v Garda Commissioner [1999] 1 IR 249, [1998] 1 ILRM 229, [1997] IEHC 147 (27 August 1997); and see Warman v Fournier 2010 ONSC 2126 (CanLII) (3 May 2010)). [read post]
19 May 2016, 6:37 am
 Counsel for the Secretary of State argued that it is a negative right. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
  Intermediate v. strict scrutiny standard: but that’s one of the principal disputes right now. [read post]
22 Mar 2016, 9:48 pm by Stephen Page
The US typically has four levels of jurisdiction Federal, State, county and local. [read post]
7 Feb 2016, 4:04 pm by INFORRM
As already mentioned, on the same day Lord Thomas CJ and Nicola Davies J gave judgment on remedy in the case of HM Attorney-General v Conde Nast Publications Ltd. [read post]
18 Jan 2016, 4:11 pm by INFORRM
In terms of precedent, her Honour referred chiefly to Leigh v Attorney-General [2010] NZCA 624, [2011] 2 NZLR 148, Phelps v Nationwide News Pty Ltd [2001] NSWSC 130 and Burrows v Knightley (1987) 10 NSWLR 651. [read post]