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6 Jul 2015, 6:34 am
Lord Kerr (for the minority) noted that REP was the “touchstone” of private life (applying Campbell v MGN [2004] 2 AC 457). [read post]
8 Jul 2010, 12:52 am
” The full hearing came before Lord Justice Carnwath, Lord Justice Jackson and Mr Justice Hedley. [read post]
11 Jan 2012, 3:02 am
The three categories identified by Lord Diplock in Council of the Civil Service Unions v Minister for the Civil Service (essentially for review of administrative action) are not exhaustive. [read post]
24 Sep 2021, 9:30 pm
Donahue has posted to SSRN her history-laden amicus curiae brief in FBI v. [read post]
28 Jun 2010, 11:39 am
In a landmark decision, the United States Supreme Court ruled last week in the case of Morrision et al. v. [read post]
28 Jul 2009, 9:55 am
From an extended examination of Chadwick LJ’s judgment in Oxley v Hiscock [2004] EWCA Civ 546, which expressly raises ‘fairness’ on the basis of relevant conduct as the criterea by which share of interest should be assessed, in the absence of express agreement, and Stack v Dowden [2007] UKHL 17, which appears to limit ‘fairness’ and expressly concerned shares in a property in joint names, where Oxley v Hiscock concerned a… [read post]
16 Nov 2011, 1:19 am
However, there was a suggestion at the time of the Copenhagen Conference, stemming from a report by Lord Turner’s non-governmental Committee on Climate Change which was picked up by the media, that the enhanced EU commitment would translate into a 42 percent target for the UK. [read post]
28 Apr 2011, 10:40 pm
I will begin by summarising the present state of that law. [read post]
26 Mar 2010, 8:20 am
Interpretation of a jurisdiction clause is a matter of national law (Benincasa, Knorr-Bremse (supra), and in Fiona Trust, Longmore LJ in the Court of Appeal, applauded by Lord Hoffmann in the House of Lords, stated that ‘the words “arising out of” should cover “every dispute except a dispute as to whether there was ever a contract at all”’. [read post]
5 Feb 2021, 1:45 am
Lord Lloyd-Jones gave the judgment, with which all members of the Court agreed. [read post]
2 Jan 2015, 2:15 am
Appellate History In 2004, Mr Durkin sought relief in the Aberdeen Sheriff Court against DSG and HFC stating that he had validly rescinded the contract of sale and credit agreement. [read post]
29 Jul 2014, 4:30 am
In light of the obvious provenance of section 4 in Flood (the explanatory notes of the Act state expressly (para 29) that “The intention in this provision is to reflect the existing common law as most recently set out in Flood v Times Newspapers”), it seems very likely that the section would be interpreted as importing in an obligation of responsibility on the part of the defendant, even though it does not state this expressly. [read post]
9 Apr 2012, 5:57 pm
Jeremy Bentham said in a well known passage quoted by Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417, 477: Publicity is the very soul of justice. [read post]
8 Dec 2009, 12:00 am
The Law Lords grappled with this question in 2007 in the case of Johnston v NEI International Combustion Ltd ([2007] UKHL 39). [read post]
29 Sep 2010, 5:04 pm
Rooney, Coulson, Hague: balancing privacy and expression Revisited and Updated: Strasbourg on Privacy and Reputation, Part 3 Defamation Damages: USA and England Compared Freedom of Expression and Freedom of Information: Part 1: The European Convention Alastair Brett – as he leaves The Times, Lectures: Lord Neuberger on the balance between privacy and freedom of expression Libel Reform Debate: Part 1 “Burden of Proof” Case Law: Political Blog Libel Action Struck out… [read post]
22 Nov 2012, 12:09 pm
and Lord Hoffmann, commenting on the decision in Bieber, observed that Article 3 was prescribing the minimum standard, not a norm. [read post]
19 Sep 2016, 9:41 pm
The case for argument today is Georgia v. [read post]
1 Jun 2020, 5:07 pm
[See also, The State of Bihar vs. [read post]
7 Sep 2010, 9:00 am
They correctly invoke Hunt v. [read post]
16 Sep 2010, 5:30 pm
Speaking in an interview on the BBC’s ‘You and Yours’ radio programme, Minister of State for Justice Lord McNally said: “The Government is committed to increasing transparency, including extending the scope of the Freedom of Information Act. [read post]