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6 Jan 2015, 10:44 am
Patten LJ (who gave the lead judgment) stated that where a company makes a claim for losses suffered by it as a result of the conduct of a fraudulent director, it does not matter if the company was the intended primary or secondary victim of the fraud. [read post]
10 Apr 2014, 1:15 am
In the view of Elias LJ the release to home detention curfew is much more closely integrated to the original sentence than release as of right once the custodial period is completed. [read post]
6 Oct 2017, 4:37 pm
29 and 30 June 2017 (Rafferty LJ and Popplewell J). [read post]
22 Nov 2019, 9:07 am
The Shall Not Be Denied Exhibition viewing will begin at 5:30 p.m. and the panel discussion will begin at 6:30 p.m. on Tuesday, December 10, LJ-119, Thomas Jefferson Building, 10 First Street S.E., Washington, D.C. [read post]
8 Jul 2021, 10:57 am
For example: Atkin LJ said at 123:“A fixture, as that term is used in connection with a house, means something which has been affixed to the freehold as accessory to the house. [read post]
21 Mar 2009, 10:29 am
Dyson LJ in Wandsworth v Randall [2008] 3 All ER 393 says ‘there is no requirement that an offer of accommodation shall have been made before the hearing. [read post]
3 Jan 2012, 7:00 am
(b) Eady J, Richard Ferguson QC, Leveson LJ? [read post]
8 Jul 2010, 9:39 am
As Hoffmann LJ said in Ashman, the open market value will usually be the appropriate measure of the value of the benefit to the person who is in wrongful possession of the premises, but there may be special circumstances where the benefit of the occupation may not be worth as much to the occupant as to someone else. [read post]
9 Jan 2017, 1:54 pm
In Stevens & Cutting Limited v Andersen [1990] 1 EGLR 95 Stewart-Smith LJ stated the principles relevant to the doctrine of election between causes of action in the following terms: “A party may be deprived of the right to pursue a certain course of conduct if, when faced with two alternative and inconsistent courses of action, he chooses one rather than the other and his election is communicated to the other party. [read post]
21 Dec 2006, 6:39 am
"Intermediate generalisation" strikes againThe decision in LG Philips LCD Co Ltd v Tatung (UK) Ltd, Viewsonic Europe Ltd and Number One Services Ltd [2006] EWCA Civ 1774, a Court of Appeal decision of Lord Phillips LCJ and Lords Justices Neuberger and Leveson LJ, was posted on BAILII this morning. [read post]
16 May 2017, 4:05 am
In Naeem in the Court of Appeal, Underhill LJ held that the reason why the PCP (the pay scale) puts Muslim chaplains at a disadvantage had itself to be related to the protected characteristic. [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]
28 Apr 2010, 10:00 pm
Carnwath LJ observed that the claimants are by definition people who have been accepted as having sufficient mental capacity to bear criminal responsibility for their acts, and have been sentenced accordingly, adding that their time spent in hospital is treated as time spent towards their sentence. [read post]
20 Oct 2009, 7:44 am
I can’t do a better job of summary than LJ has, so I won’t try. [read post]
9 Jan 2017, 9:12 am
Gillen LJ, giving judgement, indicated that the correct position was as stated in Archbold, namely that where non-conviction evidence was relied upon to establish propensity, the jury must be directed not to rely on it unless sure of its truth. [read post]
24 Apr 2014, 3:36 pm
The best interests of children are a primary consideration: see, for example, R (JS) v Secretary of State for Work and Pensions [2013] EWHC 3350 (QB) per Elias LJ at paras 42 to 46. [read post]
27 Mar 2013, 7:33 am
Perhaps, therefore, it is time to review the rule in Halsey v Milton Keynes General NMS Trust [2004] EWCA Civ 576, [2004] 1 WLR 3002, for which I am partly responsible, where at [9] in the judgment of the Court (Laws and Dyson LJJ and myself), Dyson LJ said:“It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court. [read post]
4 Dec 2008, 11:54 pm
Barnet raised G v Southwark [2008] EWCA Civ 877, (NL note here), in particular Longmore LJ’s statement that: The truth is that Southwark have decided that G is a resourceful teenager who is capable of sourcing accommodation provided that he is given assistance to do so. [read post]
13 Nov 2014, 5:49 am
High Court decision Girvan LJ delivered judgment for the High Court in Northern Ireland on 13 November 2012. [read post]
28 Apr 2019, 11:22 am
On appeal, with Mr F in person and Mr E represented by Shelter Cymru, HHJ Jarman QC looked to a decision of Jackson LJ in Royal Devon & Exeter NHS Foundation Trust v Atos IT Services UK Ltd [2017] EWCA Civ 2196, at 37 The other word to which the judge attaches significance is “or” at the end of paragraph 9.2.1. [read post]
