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23 May 2011, 8:44 am
The categories described by Dyson LJ were: “Category 1” – Cases where fresh evidence shows that the defendant is innocent of the crime of which he has been convicted. [read post]
22 May 2011, 9:25 pm
Kluge Center of the Library of Congress is hosting "Michael Pertschuk and the Federal Trade Commission, 1977-1984," a lecture by the Kluge Fellow Eleanor Capper (University of Liverpool), at Room LJ-119, Thomas Jefferson Building, 10 First St., S.E., Washington, D.C., on Thursday, May 26, 2011, at noon. [read post]
22 May 2011, 5:49 am
The major problem about the denial in English law of a claim in defamation to public bodies in the absence of proof of actual financial loss is that the purpose of it is unclear. [read post]
19 May 2011, 2:42 pm
In Rimer LJ’s lead judgment, with which the others agreed:For myself, whilst I would accept and adopt Mr Recorder Thayne Forbes’s observations as to the meaning of ‘the structure … of the dwellinghouse’ as providing for present purposes, as Neuberger LJ put it, a good working definition, I am respectfully unconvinced by his holding that the plaster finish to an internal wall or ceiling is to be regarded as in the nature of a decorative finish rather… [read post]
19 May 2011, 8:01 am
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILIIIn Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. [read post]
17 May 2011, 10:55 pm
“ (Laws LJ, paragraph 25, emphasis added) For the state to block legal aid funding, on the basis that a decision which has negative consequences for the government might be made, is clearly constitutionally problematic, raising questions of separation of powers and the rule of law. [read post]
8 May 2011, 7:54 am
Leaving aside the rightness of that decision which we have previously discussed this appeal really turned on the basis of a somewhat throwaway remark made by LJ Rimer near the end of his decision (at para 45) in which he said that in the overwhelming majority of cases the net result will be that the legislation will have achieved its primary objective, that of the due protection of the tenant's deposit. [read post]
8 May 2011, 7:54 am
Leaving aside the rightness of that decision which we have previously discussed this appeal really turned on the basis of a somewhat throwaway remark made by LJ Rimer near the end of his decision (at para 45) in which he said that in the overwhelming majority of cases the net result will be that the legislation will have achieved its primary objective, that of the due protection of the tenant's deposit. [read post]
6 May 2011, 2:10 am
Wilson LJ will take up his position on 26 May. [read post]
5 May 2011, 1:47 am
In ETK v News Group Newspapers [21] – [22], Ward LJ having referred to the importance of the welfare of children and also summed up the benefits of publication in that case as follows: “Here there is no political edge to the publication. [read post]
2 May 2011, 7:25 am
See the interview at LJ Q&A. [read post]
2 May 2011, 12:00 am
Bingham LJ said, “The problems of defining and limiting a tort of privacy are formidable but the present case strengthens my hope that the review now in progress may prove fruitful. [read post]
30 Apr 2011, 2:40 pm
” and in which Carl notes the strong criticism of Mr Hemming by Wall LJ in RP v Nottingham (this is a blog post on which I commented at the time). [read post]
27 Apr 2011, 5:07 pm
Bingham LJ said, “The problems of defining and limiting a tort of privacy are formidable but the present case strengthens my hope that the review now in progress may prove fruitful. [read post]
27 Apr 2011, 3:56 am
This is one of the issues which Jackson LJ found difficulty with when considering whether to recommend that the rule that the claimant loser pays no costs (Qualified One Way Costs Shifting, in the jargon) should apply in public interest cases – whatever the position of the claimant. [read post]
26 Apr 2011, 9:20 am
That, as Hughes LJ said, was “simply wrong”. [read post]
26 Apr 2011, 6:02 am
HHJ Mitchell agreed and dismissed the claim On appeal, conducted in person by Mr Allen, as was the trial below, Rix LJ found that Mr Allen was effectively just a re-arguing of the case on it's facts and therefore disclosed no ground that would give a real prospect of success. [read post]
26 Apr 2011, 6:02 am
HHJ Mitchell agreed and dismissed the claim On appeal, conducted in person by Mr Allen, as was the trial below, Rix LJ found that Mr Allen was effectively just a re-arguing of the case on it's facts and therefore disclosed no ground that would give a real prospect of success. [read post]
24 Apr 2011, 5:04 pm
In giving judgment Ward LJ paid specific regard to the importance of a free press – and more controversially – their need to sell newspapers: “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]
22 Apr 2011, 4:12 pm
10.6 Chicago 10.3 Emory 10.3 Fordham 10.1 Indiana LJ 9.9 Wash & Lee 9.5 Alabama 9.1… [read post]
