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3 Nov 2022, 1:45 am
Disposal of the instant proceedings The Deputy Chancellor noted that where the proposal for which permission is sought is contrary to English law, a faculty is ineffective and ought not to be issued, Re Christ Church, Spitalfields [unreported but reviewed noted at (2016) 18 Ecc LJ 128, and the second, substantive appeal reported at Re Chris Church Spitalfields [2019] EACC 1. [read post]
26 Oct 2022, 4:26 am
Although the duty had not arisen on the facts, once the Creditor Duty had been engaged, Richards LJ explained that it was “hard to see that creditors’ interests could be anything but paramount”. [read post]
23 Oct 2022, 10:19 am
As Males LJ puts it in a concurring judgment This appeal illustrates what is already well known, that housing law can be highly complex. [read post]
16 Oct 2022, 1:45 pm
As noted at para 50 in Lewison LJ&rsq [read post]
10 Oct 2022, 6:00 pm
[1] BTI 2014 LLC v Sequana SA [2022] UKSC 25. [2] Companies Act 2006, section 172. [3] Companies Act 2006, section 172(3). [4] BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112. [5] BTI 2014 LLC v Sequana SA [2022] UKSC 25 [7] (Reed LJ). [6] Companies Act 2006, Part 23. [7] https://www.supremecourt.uk/press-summary/uksc-2019-0046.html [8] https://www.supremecourt.uk/press-summary/uksc-2019-0046.html [9] (n 4). [10] BTI 2014 LLC v Sequana SA [2022] UKSC 25 [10] (Reed LJ).… [read post]
6 Oct 2022, 8:47 am
As Thorpe LJ wryly observed in Lykiardopulo at [32]: “Public interest has never been in the administration of justice in this special field. [read post]
5 Oct 2022, 8:59 am
Comments from Singh LJ and Holgate J at [130] of a recent Divisional Court judgment on investigatory powers also appear apt: “When the security and intelligence agencies act for an ordinary criminal purpose, we cannot see any logical or practical reason why they should not be subject to the same legal regime as the police. [read post]
28 Sep 2022, 4:00 am
Law Society of Upper Canada”, Case Comment, (2004-2005) 41 Can Bus LJ 134. [read post]
20 Sep 2022, 9:22 am
[This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.] [read post]
8 Sep 2022, 4:30 am
The judge considered the factors on secondary indications set out by Laddie J in Haberman v Jackel [1999] F.S.R. 683 (and approved by Jacob LJ in Schlumberger v Electromagnetic Geoservices [2010] EWC Civ 819). [read post]
5 Sep 2022, 2:18 am
Males LJ, giving the judgment of the Court, held that demurrage liquidates the whole of the damages arising from a charterer’s breach in failing to complete cargo operations within the laytime “and not merely some of them”. [read post]
4 Sep 2022, 4:15 pm
On 11 August 2022, the Court of Appeal (Arnold LJ, Dingemans LJ and Warby LJ) gave judgment in Riley v Murray [2022] EWCA Civ 1146. [read post]
2 Sep 2022, 12:30 am
“One Church Warden’s rubbish may be another art dealer’s treasure“ Re Emmanuel Church, Leckhampton, Rodgers Ch. [read post]
1 Sep 2022, 4:00 am
In the movie Marriage Story, Nicole (Scarlett Johansson) and Charlie (Adam Driver) are divorcing. [read post]
26 Aug 2022, 10:43 am
There are three clauses of the Bill of Rights Bill [pdf] which, if enacted in their current form, would have a direct impact on freedom of expression cases. [read post]
21 Aug 2022, 10:20 am
The CJ found: I accept Mr Bano’s submission that the reviewing officer did not consider al the relevant factors as identified by Lewis LJ in Bullale at paragraph 36. [read post]
1 Aug 2022, 12:11 pm
By majority (Sharp P and Dingemans LJ), the appeal was dismissed. [read post]
1 Aug 2022, 12:30 am
Since the judgment of Chancellor Eyre QC (in the Diocese of Lichfield) in Re St Chad, Longsdon [2019] ECC Lic 5 (at paragraph 11) and my own judgment in Re St Peter & St Paul, Aston Rowant [2019] ECC Oxf 3, (2020) 22 Ecc LJ 265, a practice has also developed of inquiring whether the same, or similar, benefits could be achieved in a manner less harmful to the heritage value of the particular church building concerned… […] “[19]. [read post]
31 Jul 2022, 10:08 am
Because the limited number of suitable properties available is very likely due to financial constraints, Lambeth submitted that it was clear Lewis LJ was not intending to exclude resources entirely from the court’s consideration. [read post]
25 Jul 2022, 1:54 am
As mentioned above, on 20 and 21 July 2022, the Court of Appeal (Vos MR, Sharp P and King LJ) heard the appeal Guardian News and Media v Executor of HRH Prince Philip challenging the decision to exclude the press from the hearing in September 2021 regarding the will of Prince Philip. [read post]
