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10 Jun 2011, 1:15 am
’ Sedley LJ was not impressed by the justification offered. [read post]
10 Jun 2011, 12:21 am
Both questions were raised, but not answered, by Sedley LJ, sitting in the Upper Tribunal, in his judgment in SSHD v BK. [read post]
8 Jun 2011, 10:00 pm
Atapattu, R. [read post]
6 Jun 2011, 9:42 pm
Eight people were taken to area hospitals earlier this week after two Kansas City car accidents happened just minutes apart from each other at the same site, according to LJ World. [read post]
5 Jun 2011, 10:00 pm
Jackson LJ returned to the issue in his report on the costs of civil litigation. [read post]
3 Jun 2011, 5:34 am
The Court of Appeal (Arden LJ dissenting on the procedural issue only) reversed the High Court’s decision and held that the Special Commissioners had jurisdiction to hear any legal argument relevant to the subject matter of the conclusions stated in a closure notice. [read post]
3 Jun 2011, 3:38 am
The primary issue before the Divisional Court (Moses LJ and Wyn Williams J) was whether that court was bound by the House of Lords judgment or the European Court of Human Rights judgment. [read post]
3 Jun 2011, 2:44 am
Tomlinson LJ said that reference in Article 26(4) back to Article 16(3) was in his view related to the performance or run-off of existing insurance rather than preserving the ability to enter into a contractual extension or renewal.For a link to the judgment, please click here. [read post]
1 Jun 2011, 10:56 pm
In the Court of Appeal, Laws LJ said no: breach of such a requirement would only make the detention unlawful if compliance was a condition of lawful detention. [read post]
31 May 2011, 4:01 am
A Reply to Hogg and McKee” (2010) 48 Osgoode Hall LJ 95 Jeffrey Haylock, “The National Class as Extraterritorial Legislation” (2009) 32 Dal LJ 253 Gerald Robertson, “The Law of Domicile: Re Foote Estate” (2010) 48 Alta L Rev 189 Joost Blom, “The Challenge of Jurisdiction: Van Breda v. [read post]
28 May 2011, 10:04 am
Perhaps the most interesting part of the judgment (unless you are a died-in-the-wool planner lit up by the intricacies of development plan-making powers) is Sullivan LJ’s consideration of a point which he himself raised. [read post]
28 May 2011, 5:39 am
In ETK v News Group Newspapers ([2011] EWCA Civ 439), Ward LJ acknowledged the desirability of the press being able to embarrass the famous: “To restrict publication simply to save the blushes of the famous, fame invariably being ephemeral, could have the wholly undesirable chilling effect on the necessary ability of publishers to sell their newspapers. [read post]
27 May 2011, 10:14 am
LJ 45 (Hargrove)(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); [read post]
27 May 2011, 8:15 am
The case was heard by Lord Neuberger MR, Maurice Kay and Stanley Burnton LJJ though the principal judgment was handed down by Maurice Kay LJ. [read post]
27 May 2011, 2:54 am
All three judgments (Thorpe LJ, Aikens LJ and Black LJ) resist firmly the suggestion either that the ECHR in Neulinger had jurisdiction to oversee individual states’ applications of the Hague Convention, or that the decision in Neulinger requires a relaxing of the restrictive approach to Article 13(b) defences. [read post]
25 May 2011, 7:36 am
Jackson LJ agreed. [read post]
25 May 2011, 7:36 am
Jackson LJ agreed. [read post]
24 May 2011, 10:55 pm
AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551 Read Judgment In the ongoing controversy over the deportation of foreign offenders, the Court of Appeal has decided that the Immigration Tribunal had not made a mistake of law in deciding that a foreign citizen who had lived in the UK since the age of 4 and had been convicted and sentenced to 18 months imprisonment for a drugs offence, following a string of other offences,… [read post]
24 May 2011, 8:40 am
The Court of Appeal (Smith LJ presiding; Scott Baker LJ and Lord Clarke) considered the “doubles the risk” test (that is, that it had to be proven that the exposure for which Greif was responsible had more than doubled the environmental exposure) which Greif’s Counsel submitted had to be proved in order to satisfy the balance of probabilities test, . [read post]
24 May 2011, 7:32 am
The appropriate question had been set out by Wilson LJ in Charman (para 13):"In principle, however, in the light of s. 25(2)(a) of the 1973 Act, the question is surely whether the trustee would be likely to advance the capital immediately or in the foreseeable future. [read post]
