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1 Feb 2012, 6:18 am
The Court (Lord Judge, Lord Neuberger and Maurice Kay LJ) unanimously upheld the rulings of Mann J and Vos J that, as a result of the operation of section 72 of the Senior Courts Act 1981, Mr Mulcaire was not entitled to rely on his privilege against self-incrimination (“PSI”). [read post]
31 Jan 2012, 7:18 pm
One of the best attempts in the literature to extract coherent principles in this branch of the law is Professor Ottolenghi’s essay published in the Modern Law Review in 1990, and perhaps the best judicial analysis is Slade LJ’s masterly treatment of the subject in Adams v Cape Industries. [read post]
31 Jan 2012, 12:11 am
It had no impact on attachment.Longmore LJ said that Teal's construction would enable them to "manipulate liabilities" which was unlikely to have been the intention of the parties and "does not lead to a sensible commercial result. [read post]
26 Jan 2012, 3:36 am
It is not about actual occupation (yet, at least), as the sellers were clearly in actual occupation at the date of the sale.In summary, the Court of Appeal (Etherton LJ giving the judgment, with the MR and Rix LJ agreeing) held that Cann was not distinguishable and, indeed, its policy driver was just as relevant to these cases. [read post]
25 Jan 2012, 5:05 am
As Moses LJ pointed out 45….. [read post]
25 Jan 2012, 1:34 am
Commentators have suggested that it may have been wiser for the claimant to have argued a more conventional case of indirect discrimination – as Mummery LJ noted in the Court of Appeal’s judgment, the claimant did not argue that those in his age group were less likely to have a degree and therefore would find it harder to qualify for the top tier. [read post]
24 Jan 2012, 2:20 am
What is ‘fair’ will obviously depend on the circumstances of the case and the nature of the proposals under consideration: see R (Edwards) v Environment Agency [2006] EWCA Civ 877 per Auld LJ at [90].” Full story (PDF) 11KBW, 19th January 2012 Source: www.11kbw.com [read post]
22 Jan 2012, 3:43 pm
Does anybody have the number of Jackson LJ so I can forward this on? [read post]
22 Jan 2012, 5:50 am
It was a Court of Appeal permission hearing in front of Rimer LJ. [read post]
22 Jan 2012, 5:50 am
It was a Court of Appeal permission hearing in front of Rimer LJ. [read post]
21 Jan 2012, 4:09 pm
Bailey told Leveson LJ that she agreed with the “three pillar” model of regulation emerging from the inquiry, referring to elements of compliance, standards and arbitration. [read post]
20 Jan 2012, 4:54 pm
However, as the Kitchin LJ emphasized, despite the similarity in composition, calcium alginate and sodium-calcium alginate are not gelling agents. [read post]
19 Jan 2012, 6:14 am
This, together with the test laid down by Sedley LJ in Redmond-Bate v DPP [1999] EWHC Admin 733, led the Court of Appeal to conclude that the approach to be followed was an objective one and that it was not for the court to form its own view as to imminence. [read post]
18 Jan 2012, 4:31 am
Article 8 (family life): Reliance was placed by Counsel for Mr O'Dwyer on observations on Article 8 in Bermingham & others v USA [2006] EWHC 200 (Admin) where Laws LJ stated (at [121]) that:'I do not accept (the US) submission that the possibility of trial in the United Kingdom is legally irrelevant. [read post]
17 Jan 2012, 5:25 am
The judge then cited a helpful passage from Carnwath LJ in R(Shrewsbury and Atcham Borough Council v Secretary of State for Communities and Local Government: 32. [read post]
17 Jan 2012, 4:00 am
What was the first redacted document generated by the Leveson Inquiry The Letter Of Appointment sent by Baroness Browning and the Rt Hon Jeremy Hunt MP to Leveson LJ on 28 July 2011. [read post]
16 Jan 2012, 10:00 pm
Diplock LJ stated, “I think that ‘would be’ puts it too high if it postulates prior certainty of success before actually testing the polymers in the filtration process; it is enough that the person versed in the art would assess the likelihood of success as sufficient to warrant actual trial. [read post]
15 Jan 2012, 4:06 pm
In the Courts On Friday 13 January 2012 the Administrative Court (Toulson LJ, Sweeney and Sharp JJ) heard a remarkable application in the case of R (on the application of Associated Newspapers) v Leveson Inquiry. [read post]
13 Jan 2012, 11:00 am
” The lecture will be delivered on Thursday, January 26, at 12:00 PM, at LJ 119, Thomas Jefferson Building, 10 First St. [read post]
12 Jan 2012, 5:00 am
Especially in Korea one can find bags with similar monograms, such as LX, LJ etc, which leads to confusion and/or dilute the trademark, and Louis Vuitton is tirelessly filing lawsuits against those manufacturers, distributors and sellers.It is getting increasingly more challenging for LV to protect and enforce its intellectual property rights, since the reaction time of the counterfeiters is getting faster. [read post]
