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“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]
In the CA (Civ Div), however, and directly contrary to the view of Paine J, both Black LJ and Sir Macolm Pill considered 10% to be a “significant number of the populace” and therefore held that Jamaica was not safe “in general”. [read post]
29 Jul 2019, 11:09 am by Giles Peaker
This interpretation of ground 15A accords with the fact that the time provisions in ground 16 (and now ground 15A) are there “to ensure that the relative is not disturbed … so much later [than the death] that he is settled into the property as his own long-term home” (to quote from Laws LJ in the Newport case). [read post]
22 Dec 2022, 4:00 am by Amy Salyzyn
. ______________ [1] See Report to Convocation, Professional Regulation Committee, Law Society of Upper Canada (October 25, 2018). [2] Stephen GA Pitel & Will Bortolin, “Revising Canada’s Ethical Rules for Judges Returning to Practice” (2011) 34:2 Dal LJ 483 at 485. [3] See Report to Convocation, Professional Regulation Committee, Law Society of Upper Canada (January 28, 2016). [4] For an analysis of the revisions see Richard Devlin et al, “A Mixed Bag: Critical… [read post]
17 Nov 2011, 12:31 am by Thomas Henderson
Munby LJ has looked beyond the black and white of the care plan to the context and reality of P’s care. [read post]
31 Dec 2017, 12:22 pm by Giles Peaker
Laws LJ explained why in Marshalls Clay Products Ltd v Caulfield, Clarke v Frank Staddon Ltd [2004] ICR 1502 at [32]: The rules of precedent or stare decisis cognisable here are given by the common law . . . [read post]
21 Dec 2017, 2:58 am by GUY BLACKWOOD QC, QUADRANT CHAMBERS
”(para 118) Issue 7; receivership orders By a majority of 4:1 (Lord Mance dissenting), the Supreme Court held that the receivership order ought to be restored: Lord Clarke (with whom Lords Sumption, Hodge and Neuberger agreed) held that: > Since the situs of the debts was London, whereas Moore-Bick LJ had been bound to find that the situs was New York, it was open to the Supreme Court to consider the matter afresh (para 53). [read post]
17 May 2011, 10:55 pm by Isabel McArdle
“ (Laws LJ, paragraph 25, emphasis added) For the state to block legal aid funding, on the basis that a decision which has negative consequences for the government might be made, is clearly constitutionally problematic, raising questions of separation of powers and the rule of law. [read post]
25 Jul 2014, 8:31 am
., Knives and the Second Amendment, 47 U Mich JL Reform 167, 210-211 [2013]; Ian Weinstein, Note, Adjudication of Minor Offenses In New York City, 31 Fordham Urb LJ 1157, 1167 [2004]). [read post]
3 Aug 2011, 12:36 am by Richard Mumford
Thus, Dr Mattu’s position, as a registered consultant, was distinguished from the position of the trainee doctor in Kulkarni v Milton Keynes Hospital NHS Trust [2009] ICR 101, who could not complete his training in the private sector and whose dismissal would (in the obiter view of Smith LJ) have engaged Article 6 and its safeguards. [read post]
7 Aug 2012, 10:12 am by NL
Laws LJ at p2236 said:A house may offer many hazards: a very steep stairway with no railings; a hidden step; some other hazard inside or outside the house of the kind often found perhaps in particular older properties. [read post]
12 Dec 2010, 10:00 pm by Rosalind English
And of course Laws LJ’s pronouncement in Thoburn that the ECA belongs to a special family of  “constitutional laws” may also be seen as one step towards larger modification of the principle of parliamentary supremacy whereby judges refuse to apply inconsistent legislation without explicit repeal or amendment of the ECA. [read post]
5 Nov 2010, 2:39 am by Andres
Needless to say, the story went viral on Twitter with the hashtag #crookssource (thanks to loveandgarbage for linking the LJ story), and then Facebook, blogs, and finally, the mainstream media. [read post]
23 Jan 2024, 2:32 am by Rebekka Thomas (Bristows)
However, Lewison LJ reiterated that it was the provision of the additional information by NOCO which caused the communications in this instance to amount to a threat. [read post]
21 Jan 2018, 9:57 am by Giles Peaker
The judge took the law on vulnerability and priority need from Lewison LJ’s summary in Panayiotou v Waltham Forest LBC (2017) EWCA Civ 1624; (2017) HLR 48. [read post]
13 Nov 2020, 1:45 am by Matrix Legal Support Service
Adopting Wilson LJ’s reasoning in R (LG) v Independent Appeal Panel for Tom Hood School [2010] EWCA Civ 142 Lady Arden holds that the Rules could prescribe standard of proof. [read post]
25 Jan 2012, 1:34 am by Rebecca Griffiths, Olswang
Commentators have suggested that it may have been wiser for the claimant to have argued a more conventional case of indirect discrimination – as Mummery LJ noted in the Court of Appeal’s judgment, the claimant did not argue that those in his age group were less likely to have a degree and therefore would find it harder to qualify for the top tier. [read post]
13 Sep 2010, 1:11 am
The winner: Cat(therine) Slater (Serjeants) suggests that “the successful IP lawyer will be wearing a new perfume/aftershave soon to launch with a marketing campaign devised by Lord Justice Jacob: “L’Oréal … beyond the wildest dreams of the poor” [If this allusion needs explanation, see Jacob LJ's comments in L’Oréal v Bellure, noted here by the IPKat]”. [read post]
10 Mar 2010, 6:43 am
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13 Dec 2010, 4:23 pm by INFORRM
  As Longmore LJ said in an oft quoted passage: “The question in a case of misuse of private information is whether the information is private not whether it is true or false. [read post]