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13 Nov 2011, 3:51 pm
Having read the full judgment giving permission to appeal, I strongly suspect that the complete absence of any independent reasoning on the part of the Judge on the point at issue was a significant and understandable factor in Sedley LJ’s thinking. [read post]
10 Nov 2011, 8:41 pm
Jackson LJ does not seem to have commented on whether the 25% cap (or rather 20.83%) should be split between the solicitor and barrister (or barristers) where both are instructed. [read post]
10 Nov 2011, 3:54 am
Jackson, LJ, delivering the judgment on behalf of the Court, considered the significance of detention pursuant to the Mental Health Act 1983, s 3 as opposed to those patients voluntarily admitted. [read post]
9 Nov 2011, 3:44 pm
One of the things I really don’t like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives. [read post]
9 Nov 2011, 2:51 am
Examples of the sort of evidence which might be relevant to drawing such inferences are given in Stack v Dowden, at para 69.(4) In those cases where it is clear either (a) that the parties did not intend joint tenancy at the outset, or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, “the answer is that each is entitled to that share which the… [read post]
8 Nov 2011, 11:32 am
This argument succeeded at first instance before Mr Justice Simon, who found Kookmin liable; however, that judgment was overturned by the Court of Appeal (Patten and Thorpe LJJ; Tuckey LJ dissenting). [read post]
8 Nov 2011, 6:37 am
In McCombe J’s view (with which Hallett LJ agreed), the relevant officer did reasonably suspect that if he and his colleagues carried out the search prohibited items would be found on one or more of the protestors. [read post]
6 Nov 2011, 4:05 pm
On Friday 4 November 2011, the Administrative Court (Moses LJ and Singh J) dismissed the application for permission in the judicial review case of R (Decoulos) v Leveson Inquiry. [read post]
6 Nov 2011, 7:50 am
It also went against Lawrence Collins LJ’s view of when the procedural safeguard was justified. [read post]
6 Nov 2011, 7:50 am
It also went against Lawrence Collins LJ’s view of when the procedural safeguard was justified. [read post]
6 Nov 2011, 4:49 am
Also on Friday, the Administrative Court (Moses LJ and Singh J) refuse permission to apply for judicial review of a decision of the Leveson Inquiry to refuse “core participant” status to Elaine Decoulos, who has in the past been involved in libel litigation. [read post]
2 Nov 2011, 12:57 pm
The Court of Appeal ([2010] EWCA Civ 33) agreed – although for those familiar with Jacob LJ’s oft-expressed irritation with the UK Parliamentary draftsman’s insistence on translating the perfectly intelligible provisions of the EPC into mere shadows of their former self when creating the Patents Act 1977, the comments in [52] are perhaps one of the most striking aspects of the case: [52] “The British Parliamentary draftsman’s “translation” of… [read post]
2 Nov 2011, 4:43 am
In the field of criminal law, some particularly ghastly examples of bamboozling legislation can be found in various provisions of the Criminal Justice Act 2003 – described by no less an authority than Rose LJ as ‘at best, obscure and, at worst, impenetrable’ (R v Campell [2006] EWCA Crim 726, [2006] 2 Cr App R (S) 626 at [1]).” Full story Halsbury’s Law Exchange, 2nd November 2011 Source: www.halsburyslawexchange.co.uk [read post]
1 Nov 2011, 4:47 am
On the eve of Lord Justice Leveson’s inquiry into phone hacking and the ethics of journalism, the British Institute of Human Rights (BIHR) with 1 Crown Office Row hosted a roundtable discussion to examine how to reconcile the right to privacy with freedom of expression. [read post]
31 Oct 2011, 5:43 pm
The Guardian applied for access to those documents but was refused by the District Judge and that refusal was upheld by the Administrative Court (Sullivan LJ and Silber J): [2010] EWHC 3376 (Admin). [read post]
31 Oct 2011, 1:30 am
[Update] On Friday 4 November 2011, the Administrative Court (Elias LJ and King J) will hear an application for permission in the judicial review case of R (Decoulos) v Lord Justice Leveson. [read post]
30 Oct 2011, 5:04 am
On 19 October 2011, the Supreme Court (Lord Hope, Lord Walker, Lord Mance, Lord Clarke and Lord Wilson) released its decision in the joined cases of R (Davies & Anor) v The Commissioners for Her Majesty’s Revenue & Customs and R (Gaines-Cooper) v The Commissioners for Her Majesty’s Revenue & Customs [2011] UKSC 47. [read post]
30 Oct 2011, 5:04 am
On 19 October 2011, the Supreme Court (Lord Hope, Lord Walker, Lord Mance, Lord Clarke and Lord Wilson) released its decision in the joined cases of R (Davies & Anor) v The Commissioners for Her Majesty’s Revenue & Customs and R (Gaines-Cooper) v The Commissioners for Her Majesty’s Revenue & Customs [2011] UKSC 47. [read post]
27 Oct 2011, 11:06 pm
The first was found in Grovit v Doctor (unreported) CA, 38 October 1993, where Glidewell LJ said that the court can infer that there is no proper motive for a delay where the plaintiff gives no valid explanation for it. [read post]
23 Oct 2011, 3:50 pm
From the TOC to Volume 61:3 (2011) (posted here): A Contextual Approach To The Admissibility Of The State’s Forensic Science And Medical Evidence Gary Edmond, Kent Roach Equality Under And Before The Law William Lucy Property And Collective Undertaking: The Principle Of Numerus Clausus Avihay Dorfman Book Reviews William Kaplan: Canadian maverick: The life and times of Ivan C Rand David Dyzenhaus Michael Grossberg & Christopher Tomlins, Eds: The Cambridge history of law in… [read post]
