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4 May 2022, 1:06 pm by Giles Peaker
R (Elkundi) v Birmingham and R (Imam) v Croydon (2022) EWCA Civ 601 (not on Bailii yet. [read post]
15 Apr 2022, 12:27 pm by Neil H. Buchanan
  If you oppose slavery (and Dred Scott), you should oppose Roe v. [read post]
14 Apr 2022, 2:55 am by INFORRM
In A v M, there are only a couple of paragraphs explaining Mostyn J’s position, and in BT v CU only a dozen or so. [read post]
1 Apr 2022, 7:43 am by CMS
  Interestingly, Lord Briggs (who joined the majority), noted that “the simple test proposed by Lady Arden and Lord Burrows may occasionally involve the recognition of the equitable lien in wider circumstances than is strictly justified by its animating access to justice principle. [read post]
27 Mar 2022, 10:52 am by Giles Peaker
See also, in the landlord and tenant context, Chandless-Chandless v Nicholson (1942) 2 KB 321, 323 per Lord Greene MR. [read post]
13 Mar 2022, 1:56 pm by CMS
This concept was described by Lord Briggs JSC in Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC 21 as promoting access to justice, as it allows solicitors to provide litigation services on credit to clients with strong cases who do not have the financial means to pay upfront. [read post]
10 Mar 2022, 3:15 am by CMS
In conclusion, Lord Briggs said “I consider that the right to manage scheme in Chapter 1 of Part 2 of the 2002 Act makes no provision within the statutory right to manage for management by the RTM company of shared estate facilities. [read post]
6 Mar 2022, 8:15 pm by Omar Ha-Redeye
The appellant instead relied on O’Connor v. [read post]
25 Feb 2022, 1:30 am by Paul Cartwright
Quoting from both Lord Arbinger v Ashton [(1873) LR Eq 358 at 374] and Schneider NO and Others v AA and Another [2010 (5) SA 203 (WCC) at 211], the court re-iterated the position that, whilst there is no doubt some natural leaning on the part of an expert towards their paymasters, this does not in any way absolve the expert of the duty of impartiality and integrity. [read post]
20 Feb 2022, 4:38 am
 Dado, La Grande Ferme--Homage à Bernard Réquichot (1962-3); CentrePompidou  It was my great honor to have been asked to participate in the brilliant Conference "The Life and Work of Robert M. [read post]
19 Feb 2022, 10:55 am by Giles Peaker
R(N) v Lewisham London Borough Council (2015) AC 1259, confirms this change of stance in that Lord Hodge, with whom the majority of the Supreme Court agreed, approved the lesser connotation of the word “residence” as opposed to “dwelling” which suggested a greater degree of settled occupation. [read post]
17 Feb 2022, 4:54 pm by INFORRM
  Lord Dyson was unequivocal that such a complaint “was intended by Parliament to be adjudicated on by the specialist employment tribunals. [read post]
13 Feb 2022, 5:39 pm by Omar Ha-Redeye
In assessing the opposing interests the word one finds repeated throughout the cases is the word “reasonable. [read post]
5 Feb 2022, 4:37 pm by INFORRM
This appeared immediately above a photograph of a street sign bearing the words “Bell End”. [read post]
31 Jan 2022, 9:59 am by CMS
” As noted by Lord Leggatt, English courts have traditionally applied the “same interest” test rigorously, particularly in light of the Court of Appeal’s key ruling in Markt & Co v Knight Steamship [1910] 2 KB 1021. [read post]
24 Jan 2022, 5:01 am by John Bellinger
In 2004, British Law Lord Johan Steyn famously called Guantanamo a “legal black hole. [read post]
14 Jan 2022, 2:17 am by CMS
This interpretation reflected the ordinary and natural meaning of the word and was in accordance with the purpose of the tort gateway. [read post]