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1 Apr 2012, 4:36 pm
Secretary of State for the Home Department and Others [2011] EWCA Civ 895, in which Pill LJ said:64. [read post]
1 Apr 2012, 4:36 pm
Secretary of State for the Home Department and Others [2011] EWCA Civ 895, in which Pill LJ said:64. [read post]
30 Mar 2012, 10:54 am
Maurice Kay LJ considered that in some of the cases, Article 8 may be engaged although he rejected the engagement of Article 3 in all the cases. [read post]
29 Mar 2012, 11:00 pm
A world in which all players can feel better by delivering to each other fine lists of guiding principles [55] Arden LJ predicts that It is not beyond the realms of imagination to see that in years to come the Strasbourg court will regard it as a necessary step by a state to have some procedures in place to monitor the activities of the media. [read post]
29 Mar 2012, 10:50 pm
The core of the CA’s decision is in [36-38] of Carnwath LJ’s judgment. 36. [read post]
29 Mar 2012, 11:17 am
.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. [read post]
29 Mar 2012, 10:16 am
Stanley Burnton LJ added that if the Government had retained the right, conferred by the original provisions of the British Nationality Act 1981 to remove a person’s UK nationality on the ground that he had shown himself to be disloyal or disaffected to the Crown, the result of the case might well have been very different. [read post]
29 Mar 2012, 8:29 am
” The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. [read post]
29 Mar 2012, 1:09 am
The Supreme Court was at pains to reject Rix LJ's suggestion. [read post]
28 Mar 2012, 4:09 am
In relation to this, the Judge cited Lord Carswell’s approval in Re D [2008] 1 WLR 1499 of Richards LJ’s observations in R(N) v Mental Heath Review Tribunal (Northern Region) [2006] QB 468 on the flexible application of the civil standard of proof: “the more serious the allegation or the more serious the consequences if the allegation is proved, the stronger must be the evidence before a court will find the allegation proved on the balance of probabilities. [read post]
28 Mar 2012, 3:04 am
A world in which all players can feel better by delivering to each other fine lists of guiding principles [55] Arden LJ predicts that It is not beyond the realms of imagination to see that in years to come the Strasbourg court will regard it as a necessary step by a state to have some procedures in place to monitor the activities of the media. [read post]
27 Mar 2012, 7:42 am
Carnwath LJ referred to the recent rejection of a nuisance claim in Coventry Promotions v Lawrence [2012] EWCA Civ 26. [read post]
27 Mar 2012, 2:32 am
The paper also addresses recent developments and current initiatives in relation to the funding of environmental litigation so as to address the question of compliance with the Aarhus Convention and the legislative follow-up to Jackson LJ’s proposals in respect of costs. [read post]
26 Mar 2012, 1:41 pm
The claim was dismissed at first instance, and the Court of Appeal (Laws LJ dissenting) upheld the decision. [read post]
26 Mar 2012, 6:52 am
Media law news this week was dominated by the Tulisa privacy injunction and the long-awaited judgment in Flood v Times Newspapers. [read post]
23 Mar 2012, 12:41 pm
In particular, Longmore LJ stated (at [86]) that:'The question in a case of misuse of private information is whether the information is private not whether it is true or false. [read post]
23 Mar 2012, 7:53 am
See for example the 2009 Annual Lord Renton Lecture delivered by Elias LJ, or more recently the 2011 F.A. [read post]
23 Mar 2012, 12:00 am
Sullivan LJ, reading the Court’s judgment, said at paragraph 22: ...it is important not to lose sight of Lord Dyson’s warning that “Care should be exercised in giving examples of what might be ‘some other compelling reason’ because it will depend on the particular circumstances of the case“. [read post]
22 Mar 2012, 6:47 am
In a unanimous decision ([2012] UKSC 11) the Supreme Court allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that it could not rely on Reynolds qualified privilege. [read post]
22 Mar 2012, 4:56 am
As Jacob LJ has pointed out in Aerotel, [2006] EWCA Civ 1371 [32], “[p]atents are essentially about information as to what to make or do. [read post]