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20 Oct 2011, 5:13 am
If he were here, I expect that Leveson LJ would say that none of these issues is straightforward. [read post]
19 Mar 2018, 8:30 am
(ii) Jurisdiction The justices also held that the decision in Sala is to be deprecated and that Irwin LJ’s reasoning in Khan is to be followed on the interpretation of reg 26 of the 2006 Regulations. [read post]
19 Feb 2022, 10:55 am
In Rikha Begum v Tower Hamlets LBC (2005) EWCA Civ 340 Neuberger LJ (as he was then), set out “what guidance we can” on second applications and new facts: it was advised that the applicant should identify the relevant changes in fact on the new application; see para. 59. [read post]
15 Jan 2021, 1:45 am
As provided for under the Scheme, the case was heard by a court consisting of a High Court judge, Butcher J, sitting with a Court of Appeal judge, Flaux LJ (“the Court”). [read post]
20 Dec 2020, 4:16 pm
On 16 December 2020 the Administrative Court (Bean LJ and Warby J) handed down judgment in the case of Scottow v Crown Prosecution Service [2020] EWHC 3421 (Admin). [read post]
23 Jul 2010, 12:25 am
The Court of Appeal, citing Cumming Bruce LJ in Clarke-Hunt v Newcombe (1982) 4 FLR 482, emphasised that to overturn a best interest finding, it must plainly be the wrong answer: I am sitting in the Court of Appeal deciding a quite different question: has it been shown that the judge to whom Parliament has confided the exercise of discretion, plainly got the wrong answer? [read post]
20 Mar 2012, 5:29 pm
At a previous hearing in the CA, Jacob LJ had remarked that the “absurdity” arising from s.32(2) is that ” it allows all information deployed in a statutory inquiry (other than one under the Inquiries Act 2005) to be kept secret for 30 years after the end of the inquiry, regardless of the contents of the information, the harmlessness of disclosure, the public interest in disclosure and the willingness of those who deployed the material in the inquiry that it should be… [read post]
26 Nov 2014, 5:22 am
The Divisional Court (Gross LJ, Swift and Foskett JJ) began by considering the relevance of the decision of the European Court of Human Rights in Gillan v UK 50 EHRR 1105. [read post]
28 Nov 2014, 3:17 am
Etherton LJ (giving the leading judgment), also held that that court was entitled “to take into account a wide range of considerations in order to ensure that the defence only applies where it is a just and proportionate response to the illegality involved in the light of the policy considerations underlying it. [read post]
13 Apr 2015, 12:55 pm
Wilson LJ concluded that 13 of the dismissed applications were indeed unarguable and totally without merit. [read post]
15 Apr 2008, 1:58 pm
As Auld LJ had pointed out in Osmani, vulnerability under s.189(1)(c) was “not exclusively or even necessarily a medical question. [read post]
10 Apr 2012, 1:26 am
Against this backdrop, Steyn LJ in CTN had held there that the key question is not whether the conduct was 'lawful', but whether it was 'morally or socially acceptable'. [read post]
23 Mar 2012, 7:53 am
See for example the 2009 Annual Lord Renton Lecture delivered by Elias LJ, or more recently the 2011 F.A. [read post]
14 Jan 2018, 4:32 pm
Last Week in the Courts Sharp LJ has made two decisions in the last two weeks refusing permission to appeal in libel cases. [read post]
11 Feb 2019, 9:19 am
I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of “nomination” rights and, potentially, the concept of a “true void” have arisen for full decision by a court of record (of which I know anyway), and before the Divisional court (Lindblom LJ & Sir Kenneth Parker) too. [read post]
16 Apr 2015, 3:31 pm
., Stone and Fialk, Criminalizing the Exposure of Children to Family Violence: Breaking the Cycle of Abuse, 20 Harv Women's LJ 205; Tomkins et al., The Plight of Children Who Witness Woman Battering: Psychological Knowledge and Policy Implications, 18 Law & Psychol Rev 137, 143-154). [read post]
15 Jan 2016, 10:27 am
” (at paragraph 111) Lord Carnwath used Millett LJ’s judgment in Boscawen v Bajwa [1995] EWCA Civ 15 as justification for his view that the appeal should be dismissed as there was a clear ‘tracing link’ between the bank and the monies used by Ms Menelaou to purchase the property. [read post]
13 Feb 2023, 2:20 am
“I knew that in order to be successful, I had to keep DEIB onto everyone’s agenda, instead of them thinking, ‘Oh, that’s LJ’s job, she’s taking care of it,’” Jackman explains. [read post]
3 Aug 2008, 12:14 pm
Pentair Water India, (2007) 4 Kar LJ 122). [read post]
11 Feb 2021, 7:03 am
In the case of Begum v Tower Hamlets (2005) 1 WLR 2103, Neuberger LJ (as he then was) said that an authority could only reject a second or subsequent application which was based on exactly the same facts as the previous application. [read post]
