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8 Jan 2020, 4:28 am
He recognised that the second stage requires the judge to make a very difficult and sometimes a finely balanced judgment.In favour of admitting the evidence, the argument will always be that justice requires the evidence to be admitted in addition to wider considerations such as public interest in exposing official misfeasance and protecting the integrity of the criminal trial process; vindication of reputation; the public righting of public wrongs, and will always depend primarily on the… [read post]
18 Apr 2018, 2:25 pm
The Court referred to the basic principle in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 that "a stay will only be granted on the ground of forum non conveniens when the court is satisfied that there is some other available forum, having competent jurisdiction, which is the appropriate forum for the trial of the action i.e. in which the case may be tried more suitably for the interests of all the parties and the ends of justice. [read post]
4 Nov 2017, 12:11 pm
I believe, but don't know for certain, that the rates are available in ACE or ABI. [read post]
9 Mar 2015, 12:23 pm
", said Muriel, but it was to no avail ...In case you thought this weblog was only interested in the goings-on at the European Patent Office, here's proof to the contrary effect. [read post]
5 Jan 2015, 5:08 am
The first episode addresses biotech inventions in general, controversies, case law, hot topics, and biotech R&D financing, also providing some interesting figures of the matter. [read post]
7 Nov 2013, 2:34 pm
Going back to our poker metaphors, this argument was like discarding three jacks when you are holding the king and ace of a different suit in hopes of drawing the 10, jack, and queen of the same suit for a straight flush. [read post]
11 Aug 2022, 9:02 am
The Dodgers are currently the best team in baseball, but two aces gives the Mets a better chance to get past them than the Yankees' chances of besting their recent nemesis Houston. [read post]
15 Nov 2019, 6:30 am
For the symposium on David S. [read post]
10 Jan 2018, 6:18 pm
(Pix Credit here)The Cuban authorities have quickly responded to the hearings conducted by Senator Rubio, "Attacks on U.S. [read post]
29 Jun 2023, 7:49 am
In Hunt, this Court determined that a state agency with no traditional members could still qualify as a genuine membership organization in substance because the agency repre- sented the interests of individuals and otherwise satisfied Hunt’s three-part test for organizational standing. [read post]
29 Jun 2023, 7:49 am
In Hunt, this Court determined that a state agency with no traditional members could still qualify as a genuine membership organization in substance because the agency repre- sented the interests of individuals and otherwise satisfied Hunt’s three-part test for organizational standing. [read post]
19 Jul 2010, 1:05 am
Wall Street Journal ([2007] 1 AC 359). [read post]
21 Jan 2010, 8:25 am
Because speech is an es-sential mechanism of democracy—it is the means to hold officials ac-countable to the people—political speech must prevail against lawsthat would suppress it by design or inadvertence. [read post]
6 Dec 2017, 4:21 pm
The case also brings up some other interesting legal issues. [read post]
9 Dec 2010, 4:11 pm
If you are interested in the answer only, you will find it at the bottom of this post. [read post]
5 Apr 2010, 7:41 am
From that small seed, it was argued by Hounslow, Leeds and Manchester that a gateway (b) defence is not open to a Defendant at all in the county court and, in the alternative, Wandsworth LBC v Winder [1985] AC 461, properly analysed, only gives rights to defend private rights using public law. [read post]
18 Dec 2015, 9:11 am
The more unreasonable the result, the more unlikely it was that the parties could have intended it, and if they did intend it the more necessary it was that they should make that intention abundantly clear: Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251; If detailed and syntactical analysis of words in a commercial contract was going to lead to a conclusion that flouted business common sense it must yield to business common sense”: Antaios Cia Naviera SA v Salen… [read post]
6 Sep 2019, 12:14 am
The Court applied the well-established test for proportionality (see Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700),whether the objective of the measure pursued is sufficiently important to justify the limitation of a fundamental right; whether it is rationally connected to the objective; whether a less intrusive measure could have been used without unacceptably compromising the objective; and whether, having regard to these matters and to the severity of the… [read post]
2 Dec 2022, 7:42 pm
See Warning for Cannabis-Related Charities (And Others): IRS Applies Legality Doctrine in Denial 201917008 Abortion – Many states have passed criminal and civil laws against abortion and include penalties for “aiding and abetting” abortion; criminal risk is currently uncertain for organizations funding abortion access in states where it is illegal Donor advised funds – ACE Act (Accelerating Charitable Efforts Act) Accounting Update: What EO Practitioners Need… [read post]
1 Apr 2011, 3:28 pm
They say the $400 million AC Transit plans to spend on bus rapid transit would be better spent on cleaner buses, express buses that don’t use dedicated lanes, or a bus rapid transit route that is not so close to BART. [read post]
