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19 Jan 2011, 3:01 am
In his report concerning 2004 Lord Carlile stated that his views on the use of the power had ‘developed’ (Carlile Report on 2004, para 25) and that ‘their use gave some rise for anxiety’ (para 96). [read post]
26 Feb 2018, 1:00 am
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018. [read post]
18 Mar 2011, 1:46 pm
[FN35] Lord Wilberforce stated unequivocally that "infringement of copyright is not theft. [read post]
24 Jun 2011, 5:26 am
R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent); R (on the application of MR (Pakistan)) (FC) (Appellant) v The Upper Tribunal (Immigration & Asylum Chamber) and Secretary of State for the Home Department (Respondent) [2011] UKSC 28, 22/6/2011 – read judgment; press summary here Unappealable decisions of the Upper Tribunal are still subject to judicial review by the High Court, but only… [read post]
15 May 2022, 8:19 am
Indeed, in paragraph 7 of the judgment, Lord Briggs and Lord Sales set out that so-called juridical taxation is a “fact of life”, given that each member state has sovereign authority over its own tax affairs. [read post]
8 Jul 2019, 4:48 pm
Mylius was convicted after a one-day trial before the Lord Chief Justice, Lord Alverstone, and a special jury at the High Court. [read post]
15 Jul 2022, 6:55 am
’ They are so called after the decision of the House of Lords in Fleming (trading as Bodycraft) and Condé Nast Publications Ltd v Commissioners for Her Majesty’s Revenue and Customs [2008] UKHL 2, which concerned the way in which the then UK statutory time limit on making claims for overpaid VAT had been introduced. [read post]
27 Feb 2011, 12:39 am
Ltd ([2008] 1 AC 1), and on the judgment of Lord Neuberger MR in Imerman v Tchenguiz ([2010] EWCA Civ 908). [read post]
31 Jan 2011, 11:55 am
” For a more recent affirmation of the principle, see R(Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65, paras 38-42, per Lord Judge CJ. 20. [read post]
17 Dec 2020, 1:17 am
Conclusion Collision cases rarely reach the level of the Supreme Court – the last was a House of Lords decision in 1976. [read post]
3 May 2019, 4:06 pm
His Honour commenced the lengthy judgment with a quote from Lord Devlin in 1963: “a man who wants to talk at large about smoke may have to pick his words very carefully if he wants to exclude the suggestion that there is also a fire, … the critical question is whether the media respondents heeded Lord Devlin’s cautionary words, or whether their reporting of suspicions or allegations that the applicant was somehow implicated in a bribery… [read post]
31 Jul 2011, 2:18 pm
Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 This is not a housing case, but it is an important case on costs in settled claims for judicial review, which is a major issue for many housing practitioners. [read post]
31 Jul 2011, 2:18 pm
Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 This is not a housing case, but it is an important case on costs in settled claims for judicial review, which is a major issue for many housing practitioners. [read post]
11 Oct 2022, 5:01 am
Willson v. [read post]
21 Nov 2011, 7:08 am
Although the Supreme Court purported not to express a view on this issue in their judgment, Lord Walker delivering the judgment of the court did observe that judicial office “partakes of most of the characteristics of employment”. [read post]
7 Nov 2014, 5:52 am
By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
7 Sep 2023, 1:17 pm
In S.B.B. v. [read post]
16 Dec 2013, 9:38 am
Regulation 2(1) states that:“The articles of association of a RTM company shall take the form, and include the provisions, set out in the Schedule to these Regulations. [read post]
6 Nov 2010, 5:05 am
The second context is where a State-owned entity with separate legal personality is the signatory and it is sought to bind the State to the arbitration agreement. [read post]
5 Nov 2017, 3:10 pm
Much reliance was placed by Actavis' counsel on the Court of Appeal in Actavis v Merck [2008] EWCA Civ 444 which stated that:“32. [read post]
