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22 Mar 2012, 2:59 am
At a previous hearing in the Court of Appeal, Jacob LJ had remarked that the “absurdity” arising from s.32(2) is that ” it allows all information deployed in a statutory inquiry (other than one under the Inquiries Act 2005) to be kept secret for 30 years after the end of the inquiry, regardless of the contents of the information, the harmlessness of disclosure, the public interest in disclosure and the willingness of those who deployed the material in the inquiry that it… [read post]
21 Mar 2012, 11:28 am
As Stanley Burnton LJ said, If they consider that the risk is sufficiently great to justify Mrs Rajavi’s exclusion, this Court is not in a position to say that is mistaken. [read post]
21 Mar 2012, 10:28 am
In a unanimous decision ([2012] UKSC 11) the Supreme Court today allowed the appeal of Times Newspapers Ltd against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that held that it could not rely on Reynolds qualified privilege. [read post]
21 Mar 2012, 10:22 am
In a unanimous decision ([2012] UKSC 11) the Supreme Court today allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that held that it could not rely on Reynolds qualified privilege. [read post]
20 Mar 2012, 5:29 pm
At a previous hearing in the CA, Jacob LJ had remarked that the “absurdity” arising from s.32(2) is that ” it allows all information deployed in a statutory inquiry (other than one under the Inquiries Act 2005) to be kept secret for 30 years after the end of the inquiry, regardless of the contents of the information, the harmlessness of disclosure, the public interest in disclosure and the willingness of those who deployed the material in the inquiry that it should be… [read post]
20 Mar 2012, 12:00 am
Particular emphasis was placed in the Claimant’s submissions on the comments of Goff LJ (as he was then) in The Ocean Frost (1984 WL 281667) on the judicial approach to conflicting evidence of the existence of fraud, to the effect that in such cases, it was essential “when considering the credibility of witnesses, always to test their veracity by reference to the objective facts proved independently of their testimony, in particular by reference to the documents in the case, and… [read post]
19 Mar 2012, 6:30 am
A full analysis will follow, but these are the headlines, most of which can be drawn from [46] of Carnwath LJ’s judgment: i) the common law of “Reasonable user” is at most a different way of describing old principles, not “an excuse for reinventing them”. [read post]
19 Mar 2012, 4:16 am
This comes close to the argument rejected by Harman LJ in K.S. [read post]
19 Mar 2012, 3:51 am
By approaching the matter in this way, the Court of Appeal focused its judgment on what Thorpe LJ considered to be the mother’s subjective perception of risk, and in what circumstances (likely to be very rare, thought the Court of Appeal) such a subjective perception could ground an order for non-return. [read post]
19 Mar 2012, 3:30 am
It was the thirteenth week of evidence at the Leveson Inquiry. [read post]
19 Mar 2012, 12:54 am
The insurers' argument about the meaning of "enforced" was "an over-subtle and unconvincing distinction and sits on a shaky foundation," Toulson LJ said. [read post]
18 Mar 2012, 4:45 am
” Leveson LJ called the outcome of the conflict “disastrous” and said it had been suggested Yates had dismissed the case as a result of his friendship with Wallis. [read post]
16 Mar 2012, 6:00 am
The BBC’s Top Gear is no stranger to controversy. [read post]
15 Mar 2012, 10:26 am
As Pill LJ pointed out, 20. [read post]
15 Mar 2012, 8:04 am
It is designed to retain the kind of fervour for bankrutpcy trustees which was exemplified by the extremely unfortunate judgment of Nourse LJ in Re Citro [1991] Ch 142 (homelessness, moving, changing schools are not exception but “the melancholy consequences of debt and improvidence with which every civilised society has been familiar”).The question comes down to whether the exceptional circumstances test works with the proportionality test. [read post]
15 Mar 2012, 8:04 am
It is designed to retain the kind of fervour for bankrutpcy trustees which was exemplified by the extremely unfortunate judgment of Nourse LJ in Re Citro [1991] Ch 142 (homelessness, moving, changing schools are not exception but “the melancholy consequences of debt and improvidence with which every civilised society has been familiar”).The question comes down to whether the exceptional circumstances test works with the proportionality test. [read post]
14 Mar 2012, 3:40 pm
Library Journal has released its 2012 list of Library Movers and Shakers:"For 11 years now, LJ’s Movers & Shakers has been spotlighting librarians and others in the library field who are doing extraordinary work to serve their users and to move libraries of all types and library services forward. [read post]
14 Mar 2012, 5:39 am
Burton LJ, who prepared the key judgment, criticised the practice of postponing the service of Particulars of Claim until after an interim injunction had been dealt with. [read post]
14 Mar 2012, 5:39 am
Burton LJ, who prepared the key judgment, criticised the practice of postponing the service of Particulars of Claim until after an interim injunction had been dealt with. [read post]
14 Mar 2012, 1:00 am
As Carnworth LJ said in Rudi: the law knows no “near-miss” principle. [read post]
