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7 Mar 2014, 1:34 am by Dr Jeremias Prassl
This principle was famously laid down in the case of Sidhu v British Airways (where passengers could not sue at common law for harm resulting from their plane having been high jacked following the Iraqi invasion of Kuwait), and subsequently applied by senior courts around the world, including notably the United States Supreme Court in El Al Israel Airlines v Tseng (though Justice Stevens there dissented). [read post]
12 Jan 2020, 4:32 pm by INFORRM
United States New York state’s highest court will consider whether U.S. [read post]
24 Feb 2016, 2:22 am by Matrix Legal Support Service
They stated that the Court had no hesitation in concluding that it should do so in the present case. [read post]
” Supported by the interveners – Bail for Immigration Detainees and Medical Justice – O successfully argued that the authority of R (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) [2014] EWCA Civ 718 had been wrongly decided. [read post]
23 Aug 2012, 2:49 pm by Eugene Volokh
(Eugene Volokh) Dan Greenberg (The Arkansas Project) notes that the report of United States v. [read post]
15 May 2012, 7:48 am by Aileen McColgan, Matrix.
Lady Hale reviewed the authorities at domestic and CJEU level (the latter consisting of no fewer than 12 cases from Mangold v Helm [2006] 1 CML 1132 to and Case C-447/09 Prigge & Ors v Deutsche Lufthansa AG [2011] IRLR 1052). [read post]
7 Feb 2019, 4:47 pm by INFORRM
The leading judgment for the majority was given by Lord Sumption, with a concurring judgment delivered by Lady Hale. [read post]
18 Mar 2015, 9:57 am by DOUGLAS MCGREGOR, BRODIES LLP
The more recent development of that approach by Hale LJ in Eagle v Chambers [2003] EWCA Civ was also cited approvingly by the Court. [read post]
15 Apr 2014, 9:59 am by Jessica Jones
The post Case Comment – Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 appeared first on UKSCBlog. [read post]
27 Apr 2009, 9:47 pm
The Fourth Circuit in a brief, unpublished opinion, United States of America v Mohammad-Omar, April 27, 2009, affirmed the conviction of a defendant for conduct which occurred entirely outside the United States. [read post]
5 Mar 2014, 2:11 am by Matrix Legal Information Team
These Regulations enable civil proceedings in UK courts for breaches of the EC Regulations, and state that compensation awarded may include sums for injury to feelings. [read post]
15 Jun 2012, 3:35 am by Daniel West
Secondly, how must the claimant know what he has to know – that is, what state of mind, assessed subjectively or objectively or by a mixture of the two, amounts to knowledge for this purpose (“the how? [read post]
15 Jun 2012, 3:35 am by Daniel West
Secondly, how must the claimant know what he has to know – that is, what state of mind, assessed subjectively or objectively or by a mixture of the two, amounts to knowledge for this purpose (“the how? [read post]
8 Mar 2016, 6:26 pm
A traditional trust is not a distinct legal entity at all, but rather a “fiduciary relationship” that could not be haled into court. [read post]
27 Apr 2016, 4:56 pm by INFORRM
As for the competing Convention rights (the family’s Article 8 rights to privacy and the importance of free press reporting under Article 10), the judge relied upon the ruling of the Supreme Court in R(C) v Secretary of State for Justice ([2016] UKSC 2) where Lady Hale observed: “First, neither article has as such precedence over the other. [read post]
8 Feb 2018, 3:12 am by Matrix Legal Support Service
The inviolability of documents which are part of a mission archive under arts 24 and 27(2) of the VCDR makes it impermissible to use such documents (or copies) in a domestic court of the host country, absent extraordinary circumstances such as state security, or express waiver from the mission state. [read post]
10 Jun 2013, 2:06 pm by familoo
As Justice McReynolds famously said in Pierce v Society of Sisters 268 US 510 (1925), at 535, “The child is not the mere creature of the State”. [read post]