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23 Oct 2011, 9:26 am
The opening of the judgment notes that Mrs A would have been arguing exactly the opposite had she been defending possession proceedings, and that rather sets the tone of the decision.In Mummery LJ’s sole judgment, the Court found that the appellant’s arguments had focused almost entirely on the alleged legal errors in the Recorder’s decision. [read post]
23 Oct 2011, 9:26 am
The opening of the judgment notes that Mrs A would have been arguing exactly the opposite had she been defending possession proceedings, and that rather sets the tone of the decision.In Mummery LJ’s sole judgment, the Court found that the appellant’s arguments had focused almost entirely on the alleged legal errors in the Recorder’s decision. [read post]
22 Oct 2011, 6:38 am
Sir Guenter Treitel has said that Diplock LJ’s judgment in Hongkong Fir Shipping v Kawasaki Kisen “has a fair claim to being the most important judicial contribution to English contract law in the past century. [read post]
21 Oct 2011, 3:44 am
Tomlinson LJ commented that in any other context, the suggestion that charging a high price for a product freely and readily available more cheaply elsewhere in the market was indicative of unfairness in the relationship between seller and buyer would be met with incomprehension.This decision makes it clear that where a lender ensures that its internal procedures and systems are compliant with the ICOB Rules, it will be very difficult to persuade the court that there is an unfair… [read post]
20 Oct 2011, 5:13 am
If he were here, I expect that Leveson LJ would say that none of these issues is straightforward. [read post]
17 Oct 2011, 1:32 pm
”The Court of Appeal held in Gross LJ’s sole judgment:As a premliminary issue, the Ws had appealed, but had not made an application under CPR 39.3(3) to set aside the Judgment. [read post]
17 Oct 2011, 1:32 pm
”The Court of Appeal held in Gross LJ’s sole judgment:As a premliminary issue, the Ws had appealed, but had not made an application under CPR 39.3(3) to set aside the Judgment. [read post]
16 Oct 2011, 3:48 pm
In the sole Judgment of Patten LJ, the Court of Appeal upheld Ms J and Ms L's appeal. [read post]
16 Oct 2011, 3:48 pm
In the sole Judgment of Patten LJ, the Court of Appeal upheld Ms J and Ms L's appeal. [read post]
16 Oct 2011, 5:26 am
As Moses LJ put it: “Editors know how to attract the attention and interest of their readers and the courts must defer to their judgement of how best to achieve that result … But non sequitur that it can be left to them to judge whether publication of the impugned details is of public interest. [read post]
16 Oct 2011, 5:14 am
As Moses LJ put it: “Editors know how to attract the attention and interest of their readers and the courts must defer to their judgement of how best to achieve that result … But non sequitur that it can be left to them to judge whether publication of the impugned details is of public interest. [read post]
16 Oct 2011, 5:14 am
As Moses LJ put it: “Editors know how to attract the attention and interest of their readers and the courts must defer to their judgement of how best to achieve that result … But non sequitur that it can be left to them to judge whether publication of the impugned details is of public interest. [read post]
14 Oct 2011, 7:16 am
This contrasted with a more applicant-oriented description of the scheme given by Sedley LJ in R (Saadat) v Rent Service [2002] HLR 32: The fundamental purpose of the housing benefit scheme … is to ensure that people who are not under-occupying property and not over-paying rent are not made homeless through genuine inability to pay. [read post]
13 Oct 2011, 9:30 pm
Theresa Ventura, the "Mellon/American Council of Learned Societies Dissertation Completion Fellow" at the Library of Congress’s Kluge Center, will be presenting Market Empire: The United States, the Philippines, and Natural Resource Management" in Room LJ-119, of the Library's Thomas Jefferson Building at noon onMonday, October 17. [read post]
13 Oct 2011, 7:30 am
In fact, one of thedecisions in the Court of Appeal was by the renowned Rix, LJ. [read blog]
13 Oct 2011, 7:30 am
In fact, one of thedecisions in the Court of Appeal was by the renowned Rix, LJ. [read post]
13 Oct 2011, 2:15 am
This might suggest that the debate was about the role of courts generally, so bringing us back to the questions raised by Laws LJ and the response from Lord Pannick (last Tuesday) that the courts have an important role to play when the political process fails to protect vulnerable minorities. [read post]
12 Oct 2011, 10:00 pm
Since there is such scant evidence, both on the extent to which forced marriages may be deterred and the oppressive effect the rule may have on genuine matches, the whole issue is a matter of judgment, which, unless demonstrably wrong, should be rather for government than for the courts: Still more obviously, the comparison between the enormity of suffering within forced marriages on the one hand and the disruption to innocent couples within the 18-21 age group whose desire to live together in this… [read post]
10 Oct 2011, 1:37 pm
LJ – “The Kansas state librarian is making steady gains in her unprecedented year-long battle to wrest the statewide consortium ebook collection from OverDrive’s platform and make it accessible, at no extra charge, on the new platform being offered by 3M. [read post]
6 Oct 2011, 6:02 pm
October 28th of this month will mark the one year anniversary of the publication of the Anti-SLAPP Panel’s Report to the Attorney General on anti-SLAPP legislation. [read post]
