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12 Mar 2012, 8:01 pm
The important point is that the sham doctrine does not invite any substance over form analysis – as Diplock LJ’s judgment in Snook points out, a document is a sham if the parties give it an appearance is at variance with their own intention. [read post]
12 Mar 2012, 5:08 pm by Buce
--Arthur Allen Leff, Ignorance, Injury and Spite:  The Dynamics of Coercive Collection, 80 Yale LJ 1, 25-6 (1970)      [read post]
12 Mar 2012, 5:50 am by INFORRM
The Mirror Group was refused permission by the Supreme Court to appeal its contempt of court conviction for coverage of Christopher Jefferies in 2011. [read post]
12 Mar 2012, 1:24 am
Giving judgment for the Court of Appeal, Lewison LJ said: “It is obvious that the power to grant relief against sanctions is a discretionary power. [read post]
7 Mar 2012, 4:47 pm
Also, in dismissing an appeal against Floyd J’s finding of non-obviousness, Sir Robin Jacob and Kitchin LJ, who wrote jointly for the Court of Appeal, picked up a new (to this Kat) description of obviousness: “This invention was not ob via – in the way” [73]. [read post]
5 Mar 2012, 1:24 am by INFORRM
On Sunday it was reported that the Scottish lawyer Paul McBride QC, 47, has died in his sleep on a visit to Pakistan. [read post]
4 Mar 2012, 9:15 am by NL
If the judge were right, the procedural provisions for giving notices of breach would be, as Toulson LJ pointed out in argument, completely circumvented and rendered otiose. [read post]
4 Mar 2012, 9:15 am by NL
If the judge were right, the procedural provisions for giving notices of breach would be, as Toulson LJ pointed out in argument, completely circumvented and rendered otiose. [read post]
4 Mar 2012, 12:12 am by INFORRM
After two week break the Leveson Inquiry resumed on Monday 27 February 2011, kick-starting module two, examining the relationship between the press and police. [read post]
29 Feb 2012, 4:01 am by Dave
He is in receipt of disability living allowance at the higher rate because he is "unable or virtually unable to walk" (an outcome in the teeth of the medical evidence which suggested that his mobility was good, as noted by Jackson LJ). [read post]
29 Feb 2012, 4:01 am by Dave
He is in receipt of disability living allowance at the higher rate because he is "unable or virtually unable to walk" (an outcome in the teeth of the medical evidence which suggested that his mobility was good, as noted by Jackson LJ). [read post]
26 Feb 2012, 11:48 pm by INFORRM
On the same day the Court of Appeal (Laws LJ) dismissed a renewed application for permission to appeal in the case of Thornton v Telegraph Media Group. [read post]
25 Feb 2012, 2:33 am
Here, the Patten LJ observes that, the determination of whether there has been unfair prejudice consisting of the breach of an agreement or some other unconscionable behaviour is plainly capable of being decided by an arbitrator and it is common ground that an arbitral tribunal constituted under the FAPL or the FA Rules would have the power to grant the specific relief sought by Fulham in its s.994 petition. [read post]
24 Feb 2012, 6:57 am by Dave
  There were staff on site 24/7 and Mr Basey was given one-on-one time for two to three hours a day.Sullivan LJ found that this was sheltered accommodation, but, given that this question was said to raise a major issue for local authorities, made general comments. [read post]
24 Feb 2012, 6:57 am by Dave
  There were staff on site 24/7 and Mr Basey was given one-on-one time for two to three hours a day.Sullivan LJ found that this was sheltered accommodation, but, given that this question was said to raise a major issue for local authorities, made general comments. [read post]
22 Feb 2012, 2:36 pm by uwlegalscholarship
LJ Jackson’s review of civil costs and the ensuing legislative process to enact his recommendations highlights the importance of, and necessity for, academics and their research in the development of policy and law reform. [read post]
22 Feb 2012, 12:28 pm by Carolyn Elefant
LJ (2011)(describing regulatory process for MHK in the US, using San Francisco Golden Gate bridge project as an example and summarizing procedures in EU) S. [read post]