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23 Oct 2007, 2:24 am
Southwark London Borough Council v Onayomake “It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant's legal representative had failed to file a check list and had been late for the court management hearing to explain the failure. [read post]
2 Apr 2008, 1:38 am
Lambeth London Borough Council v TK and Another Court of Appeal “When, in family proceedings, a court had made a direction under section 37 of the Children Act 1989 that a local authority should investigate the circumstances of a person claiming to be a child and, in response, the local authority concluded that the person was not a child, the court had power to order a fact-finding hearing to determine the issue. [read post]
18 Apr 2008, 1:39 am
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114 “S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
7 May 2010, 2:15 am by traceydennis
Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111 “It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty. [read post]
20 Jun 2011, 7:43 am by Dan Farber
  This part of the opinion strongly reaffirms the holding in Massachusetts v. [read post]
28 Feb 2012, 1:01 pm
Prior to grounding, the crew of three radioed the Coast Guard that they had lost engine power and were drifting toward shore. [read post]
24 Aug 2018, 3:00 am by John Jenkins
Here’s an excerpt summarizing the differences between the two mechanisms: The powers granted to an arbitrator are “analogous to the powers of a judge. [read post]
28 Nov 2022, 3:42 pm by Rick Hasen
The following is a guest post from Ethan Herenstein of the Brennan Center: In their reply brief defending the independent state legislature theory (ISLT), the petitioners in Moore v. [read post]
6 Jul 2009, 5:25 am
In Matter of Wind Power Ethics Group (WPEG) v. [read post]