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29 Dec 2017, 7:34 am
The debate being played out across the globe presents many challenges, and it will be interesting to review further developments with this proposed right in future. [read post]
7 Oct 2022, 8:21 am
The onus is squarely on a party seeking a derogation from open justice to satisfy the court that such a derogation is necessary for the administration of justice and to protect his or her legitimate interests (as per CPR 39.2), a matter to be decided by carrying out the Re S balancing exercise: Gallagher at [5(vii)]. [read post]
27 Jun 2011, 9:35 am
It is well established that the courts are under a duty to construe domestic legislation which has been enacted to give effect to the UK’s obligations under the EU Treaty so as to give effect to those obligations (Pickstone v Freemans plc [1989] AC 66; Litster v Forth Dry Dock & Engineering Co Ltd [1990] 1 AC 546). [read post]
25 Sep 2010, 9:16 am
That defence was struck out in the County Court on the basis of Qazi v LB Harrow [2004] 1 AC 983, and subsequent appeals to the Court of Appeal and (a seven person) House of Lords were unsuccessful. [read post]
24 Nov 2023, 7:38 am
This concept was described in Rubin v Eurofinance SA [2012] UKSC 46, [2013] 1 AC 236 (“Rubin”) as the “administration of multinational insolvencies by a leading court applying a single bankruptcy law”. [read post]
4 Mar 2009, 4:13 am
So, for example, is this patient taking a low dose of an ACE inhibitor? [read post]
16 Sep 2019, 9:06 am
The issues were: (1) whether ECHR Article 8 was engaged; (2) whether the SWP’s activities were “in accordance with the law”; and (3) whether the SWP’s activities were “necessary in a democratic society” in the interests of one of the objectives stated in Article 8(2), in accordance with the four-part test set out by the UK Supreme Court in Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700. [read post]
10 Nov 2011, 1:42 am
So too in The Bishop of Bath’s Case (1605) 6 Co Rep 34b, 35b, Coke stated that a letting expressed to last until a certain amount of money had been “levied of the issues and profits … is but a lease at will without livery” – i.e. without the formalities required for the establishment of a freehold interest.26. [read post]
10 Nov 2011, 1:42 am
So too in The Bishop of Bath’s Case (1605) 6 Co Rep 34b, 35b, Coke stated that a letting expressed to last until a certain amount of money had been “levied of the issues and profits … is but a lease at will without livery” – i.e. without the formalities required for the establishment of a freehold interest.26. [read post]
22 Dec 2020, 2:33 pm
Circumstances of contemporary daily interactions between men and women, warrants that the “opportunity” element of proof of adultery must be interpreted to mean more that mere “proximity,” but must instead necessarily mean “proximity plus. [read post]
26 Mar 2019, 8:09 am
The basis on which it had been suggested that this was a decision taken in the public interest was, Mrs Finucane argued, spurious. [read post]
4 Jan 2007, 8:25 pm
But what is interesting to me is why did this story of literally hundreds of reports of Iraqis being killed cause such a stir? [read post]
9 Mar 2011, 1:31 am
It is interesting the Lord Justice Leveson, the judge responsible for sentencing policy in England and Wales, immediately appeared on BBC radio (listen here) to justify the fine. [read post]
4 Dec 2023, 4:25 pm
As noted previously on this blog (see here), the case is an interesting example of “the fraud exception to the principles of comity” (Kea Investments Ltd v Wikeley (No 2) [2023] QSC 215 at [192]). [read post]
23 Mar 2012, 7:31 am
” Newsday, Kevin Drum of Mother Jones, Nicole Flatow of ACS Blog, and Tim Lynch of CATO@Liberty also praise the decision. [read post]
21 Apr 2010, 3:11 am
Article 13 The domestic proceedings in this case culminated in the judgment given by the House of Lords in JD v East Berkshire Community Health NHS Trust and Ors [2005] 2 AC 373. [read post]
2 Feb 2024, 4:17 am
This whole damn situation is wild and it’s only going to get more interesting as time goes on. [read post]
9 Feb 2012, 9:03 am
This Committee report states that when the ACE met again to discuss the bona fide office joint opinion they were divided on whether to amend it or not citing that “the rule’s underlying purpose – ensuring ‘that attorneys are available and can be found by clients, courts, and adversaries’ – are still paramount. [read post]
4 Aug 2013, 3:32 pm
Gaylor, Case No. 3:12-cv-02062-AC, — F.Supp.2d —-, 2013 WL 2318853 (D. [read post]
30 Jul 2020, 4:00 am
He couldn’t project, and he just wasn’t interested. [read post]
