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27 Jan 2009, 2:10 am
Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil House of Lords “The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court [...] [read post]
5 Mar 2009, 2:11 am
Regina v G (Terrorism: Information); Regina v J (terrorism: Information) House of Lords “To secure a conviction, the prosecution was not required to show that a defendant had had a terrorist purpose for collecting or recording information of a kind likely to be useful to a terrorist or possessing a document or record containing information of that [...] [read post]
20 Jul 2015, 1:00 am
Original Supreme Court decision However, the House of Lords allowed the appeal by a majority of 3 to 2 in R (Bancoult) v Foreign Secretary (No 2) [2008] UKHL 61. [read post]
11 Aug 2015, 2:00 am
In contrast, Lord Kerr’s dissenting judgment adopts a far more structured approach to proportionality, closely analysing the four questions identified by Lord Reed in Bank Mellat v HM Treasury (No 2) [2014] AC 700, with particular emphasis on the rational connection between the interference and the legislative objective and the “least intrusive means” test [21]. [read post]
6 Jul 2009, 2:08 am
Any change or reversal of the rule was a matter for the Law Commission not the House of Lords. [read post]
7 Aug 2013, 4:10 am
There is perhaps a note of relief in Lord Sumption’s judgmen [read post]
14 Mar 2008, 2:33 am
Norris v Government of the United States of America House of Lords “A person could not be extradited to the United States of America to stand trial on charges brought under US legislation which declared cartels to be illegal, to stand trial for price-fixing offences alleged to have been committed from 1989 to 2000 because during that period price-fixing agreements and cartels were not illegal under English law, unless there were other aggravating features such as… [read post]
31 Jul 2009, 3:12 am
I've been slow in reacting to the Lords' final judgment yesterday in R (Purdy) v DPP, partly because I was in Cambridge, but partly because I've been worrying at the judgment since I heard the news reports yesterday, and even more so since I read it. [read post]
1 Aug 2018, 4:05 am
The complaint (full text) in Cobranchi v. [read post]
30 Jul 2009, 11:32 am
You can read the decision in Fisher v Brooker [2009] UKHL 41, in full and hot off the internet here and here.The Lord Law Lords (including one Legal Lady: Baroness Hale, who does remember the 1960s) have ruled that Fisher, who claimed he wrote the haunting pseudo-Bach organ melody which opened the song, is entitled to a share of future royalties. [read post]
23 Jun 2015, 12:55 pm
One example, a brief from Designer Guild Limited v. [read post]
24 Jan 2019, 1:31 am
Today, 24 January 2019, five Supreme Court judges (Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin) will hear Stocker v Stocker UKSC 2018/0045, an appeal against the 12 February 2018 Court of Appeal decision of Lady Justice Sharp, with whom Lord Justice McFarlane and Sir John Laws concurred ([2018] EWCA Civ 170). [read post]
14 Aug 2008, 9:07 am
Doherty v Birmingham City Council House of Lords “Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier's right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier's defence to a local authority's claim for possession… [read post]
6 Jan 2022, 7:17 am
In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. [read post]
7 Feb 2021, 4:19 am
Royal Courts of JusticeAuthor Aurelien Guichard Licence CC BY-SA 2,0 Jane LambertCourt of Appeal (Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold) Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38 (19 Jan 2021)This was an appeal by Travel Counsellors Ltd ("TCL") against the judgment of His Honour Judge Hacon in Trailfinders Ltd v Travel Counsellors Ltd and others [ [read post]
24 Jul 2017, 1:35 am
The Lord Advocate agrees it is. [read post]
21 Nov 2011, 1:33 pm
He said that Lord Rodger would also have disapproved. [read post]
9 Nov 2011, 7:26 am
I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. [read post]
9 Nov 2011, 7:26 am
I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. [read post]
4 Feb 2009, 10:37 am
Not for the first time, Nearly Legal has drawn my attention to the case of Holmes-Moorhouse v LB Richmond upon Thames, this time as it reaches the House of Lords. [read post]