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6 Jun 2012, 11:15 pm
So the courts assume that Parliament did not intend Part 1 of the 2003 Act to be inconsistent with the Framework Decision and that it intended to provide the level of cooperation the Decision required (Cando Armas [2005] UKHL 67, at [8], per Lord Bingham). [read post]
9 Feb 2011, 9:04 am
One only needs to look at the decisions handed down last year in the first year of operation of the new Supreme Court to get a feel for the importance of the issues being dealt with and, dare I say it, a continuing demonstration by the judges to hold government to account and not be ciphers to government policy as Lord Bingham observed drily some time ago was the case in times gone by. [read post]
11 Mar 2010, 4:10 pm
After reviewing the precedent cases (Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1, Stuart v Goldberg Linde (a firm) [2008] 1 WLR 823 ) and noting that it would be "wrong to hold that because a matter could have been raised in earlier proceedings it should have been, so as to render the raising of it in later proceedings necessarily abusive" (Lord Bingham in Johnson), and the Art 6 entitlement to access to justice for an arguable case, the Court of Appeal found that Mr… [read post]
16 Nov 2020, 4:10 pm
The majority (Lords Bingham, Hope and Scott) held that a company’s good name was a thing of value and that the presumption of harm was necessary because it was difficult for a company to prove financial loss arising from a libel. [read post]
15 Jan 2007, 4:50 pm
Eric Brunstad of Bingham McCutchen is arguing on behalf of petitioner Travelers, and Joshua Rosenkranz of Heller Ehrman is arguing on behalf of respondent PG&E. [read post]
18 Apr 2010, 7:15 am
Mary Huser is returning to Bingham after a two-year stint heading the IP practice at eBay. [read post]
11 Jun 2018, 2:00 am
Fealk, an editor of Michigan Employment Law Letter and attorney with The Murray Law Group in Bingham Farms, Michigan, agrees that changing the standard in a rule would make it more difficult for a future Board to overturn the standard. [read post]
26 Oct 2011, 1:07 pm
Here is the updated, complete list of firms (almost 30) that share this concern for equality and justice, as reflected in their providing the tax offset for domestic partner health benefits: Bingham McCutchen BuckleySandler Cadwalader Wickersham & Taft Cleary Gottlieb Cooley Debevoise & Plimpton Dickstein Shapiro Fenwick & West Fried Frank Friedman Kaplan Hogan Lovells Latham & Watkins Linklaters McCarter & English McDermott Will & Emery Milbank Tweed Morrison &… [read post]
8 Jul 2011, 5:02 am
What is lost thereby is reduced by Lord Dyson to the opportunity of seeing the demeanour shown by witnesses which he argues by reference to Lord Bingham’s book, The Business of Judging (2000) is not a reliable pointer to honesty. [read post]
22 Mar 2012, 2:59 am
In doing so, it trailed the divergence between the late Lord Bingham’s and Lord Brown’s approaches to Strasbourg decisions – the former had said in Ullah that the domestic courts had to keep pace with the ECtHR “no more, but certainly no less”, whereas Lord Brown in Al-Skeini switched the apothegm around “no less, but certainly no more. [read post]
15 Aug 2023, 12:50 am
The full document is available here and our summary is here, and reflects the leading judgment of Lord Bingham (at 21) and the comments of Lord Hope (at 49) in Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148. [read post]
10 Mar 2008, 12:53 pm
The brief in opposition, filed by Sabin Willett of Bingham McCutchen’s Boston office, asserts that Bismullah and other detainees believe they can prove the government failed to turn over exculpatory evidence in its possession, in violation of the Defense Department’s own regulations. [read post]
17 Apr 2024, 2:05 am
Linden J also cited with approval Lord Bingham’s statement at [32] in Begum, commenting on the judgment in Şahin v Turkey (2007) 44 EHRR 5, that “The court there recognises the high importance of the rights protected by Article 9; the need in some situations to restrict freedom to manifest religious belief; the value of religious harmony and tolerance between opposing or competing groups and of pluralism and broadmindedness; the need for compromise and balance;… [read post]
8 Nov 2022, 3:21 pm
" Representative John Bingham, one of the primary drafters of the Fourteenth Amendment, later explained that "our own American constitutional liberty … is the liberty … to work an honest calling and contribute by your toil in some sort to the support of yourself, to the support of your fellowmen, and to be secure in the enjoyment of the fruits of your toil. [read post]
28 Jun 2010, 9:59 pm
Sir John Dyson explained the substance of this right at paragraph 59 by quoting from Lord Bingham in A v Head Teacher and Governors of Lord Grey School [2006] UKHL 14, paragraph 24: [The right to education] was intended to guarantee fair and non-discriminatory access to that system by those within the jurisdiction of the respective states … But the guarantee is, in comparison with most other Convention guarantees, a weak one, and deliberately so. [read post]
30 Dec 2014, 9:24 am
The SKAPP website lists those who guided and supported SKAPP’s attempts to subvert expert witness validity requirements; not surprisingly, the SKAPP supporters were mostly plaintiffs’ expert witnesses: Eula Bingham, PhDLes Boden, PhDRichard Clapp, DSc, MPHPolly Hoppin, ScDSheldon Krimsky, PhDDavid Michaels, PhD, MPHDavid Ozonoff, MD, MPHAnthony Robbins, MD, MPA [2] See, e.g., Parker v. [read post]
8 Nov 2011, 11:32 am
Citing a number of other authorities who had endorsed a more flexible approach (including Lords Bridge, Bingham, and Mance – see paragraphs 26 to 28), Lord Clarke held that this was too restrictive. [read post]
25 Jun 2019, 3:32 am
Any proper democracy needs what Lord Bingham referred to as a “free, active, professional and inquiring” media (Turkington v Times Newspapers [2001] 2 AC 277, at 290). [read post]
27 Feb 2014, 5:27 pm
As Amar, among others, point out, it was among the rights specifically mentioned by leading framers of the Amendment, such as John Bingham. [read post]
17 Mar 2024, 1:25 am
. * the Podcast was chaired by the broadcaster Roger Bolton and featuring Madeleine Davies, Senior Writer, Church Times, Kaya Burgess, Religious Affairs correspondent, The Times, and John Bingham, Head of News, Church of England and former religious correspondent of The Daily Telegraph. [read post]
