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26 Nov 2014, 2:31 am
Lord Clarke would have allowed the appeal on the basis that justice requires that the Prince should be allowed to challenge the claim against him, and all parties would be protected because the Court would be able to resolve all the issues between the parties. [read post]
8 Jul 2022, 7:13 am
Earlier this week, a panel of the Sixth Circuit Court of Appeals decided Arizona v. [read post]
13 Nov 2011, 3:51 pm
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? [read post]
13 Nov 2011, 3:51 pm
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? [read post]
22 Dec 2010, 9:45 pm
Stuck in the middle of Middleton The boundaries of the article 2 investigative duty have in recent years been clarified and expanded, most famously in the case of R (Middleton) v West Somerset Coroner, in which the House of Lords held that, in a case where the state’s duty under article 2 was arguably engaged, the inquest had to be wider than it would be under the Coroners Rules 1984, and include consideration of ‘by what means and in what… [read post]
16 Jun 2024, 10:48 pm
For instance, Lord Goff, known for his expertise in unjust enrichment, significantly contributed to the principle of forum non conveniens, delivering the leading judgment in the seminal case of Spiliada Maritime Corp v. [read post]
22 Jan 2018, 1:00 am
R (Gibson) v Secretary of State for Justice, heard 5 Dec 2017. [read post]
6 Nov 2008, 5:48 am
Justice V. [read post]
25 Feb 2019, 1:00 am
Robinson v Secretary of State for the Home Department, heard 15 Nov 2018. [read post]
14 Aug 2017, 4:17 pm
Clause 3.2 stated they they would not publish, in any jurisdiction, any articles or statements which “refer to” Mr Mionis or his “immediate family”. [read post]
8 Feb 2024, 4:09 pm
In defining that test, the Supreme Court in Joseph relied heavily on the decision of the House of Lords of Kemsley v Foot [1952] A.C. 345. [read post]
17 Jan 2008, 2:07 pm
Malcolm is headed to the Lords and frankly, I don’t think anyone expects the Lords to leave it alone, so there is no doubt more to come. [read post]
2 Apr 2024, 4:50 am
Lord Justice Arnold gave observations on the EBA’s decision in G2/21. [read post]
17 Oct 2023, 2:26 am
In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
20 Feb 2015, 4:06 pm
At [34] the CA stated the general rule in future. [read post]
7 Jul 2013, 12:01 pm
Noting that this was found to be compatible with Art 8 in Hounslow London Borough Council v Powell [2011] UKSC 8, Sir Alan Ward also notes that in Yordanova v Bulgaria (Application No. 25446/06, dated 24th April 2012) [our note] the ECtHR said: “However, Article 8 does not impose on Contracting States an obligation to tolerate unlawful land occupation indefinitely…”.Therefore:I conclude that the court must approach the claim made by a private landowner… [read post]
7 Jul 2013, 12:01 pm
Noting that this was found to be compatible with Art 8 in Hounslow London Borough Council v Powell [2011] UKSC 8, Sir Alan Ward also notes that in Yordanova v Bulgaria (Application No. 25446/06, dated 24th April 2012) [our note] the ECtHR said: “However, Article 8 does not impose on Contracting States an obligation to tolerate unlawful land occupation indefinitely…”.Therefore:I conclude that the court must approach the claim made by a private landowner… [read post]
7 Apr 2012, 12:58 pm
R (on the application of Amada Bizimana) v Secretary of State for the Home Department [2012] EWCA Civ 414 In the wake of France’s apparently unencumbered expulsion of individuals on public interest grounds there has been a fresh outcry from the press about the shackles imposed by the Human Rights Convention on the UK authorities which other signatory states seem to ignore with impunity. [read post]
22 Oct 2019, 5:52 am
The lord doesn't think he's a judge. [read post]
2 Jul 2010, 10:00 pm
Regina v Budimir and another; Interfact Ltd v Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166 CA and DC: Lord Judge CJ, David Clarke, Lloyd Jones JJ: 29 June 2010 – read judgment A new High Court decision has struck a blow for legal certainty and enforced the sometimes forgotten right under human rights law against retrospective criminal sanctions, which applies even in cases where the UK had failed to enact European… [read post]