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16 Mar 2011, 3:51 am
The story in the NY LJ today by Mark Hamblett tells how a mob related trial ended with only one person convicted. [read post]
14 Mar 2011, 2:38 pm
Jackson LJ disagreed. [read post]
14 Mar 2011, 2:38 pm
Jackson LJ disagreed. [read post]
13 Mar 2011, 11:59 pm
The Divisional Court’s Ruling Richards LJ and Sweeney J rejected the Home Secretary’s arguments and found that the Article 5(4) procedural standard laid down in A v. [read post]
13 Mar 2011, 12:42 pm
As Laws LJ observed, the Divisional Court’s conclusion on the first question was of no help to Mr Cart in relation to the second question, since neither of these grounds applied in his case. [read post]
11 Mar 2011, 4:32 pm
This is where there may be a slight divergence between Jackson LJ and Burton LJ. [read post]
9 Mar 2011, 7:49 am
" In a concurring judgment, Toulson LJ noted that the "balance sheet" test is a judgment about: ". . . whether it has been established that, looking at the company's assets and making proper allowance for its prospective and contingent liabilities, it cannot reasonably be expected to be able to meet those liabilities. [read post]
9 Mar 2011, 7:12 am
It is extremely rare for a judge to launch libel proceedings, but this is the second time Sedley LJ has secured a newspaper apology. [read post]
9 Mar 2011, 6:34 am
“The Daily Telegraph is to issue a formal apology to Lord Justice Sedley over a series of ‘professionally damaging’ allegations which appeared in the paper last year. [read post]
8 Mar 2011, 4:05 pm
Comment Interim libel injunctions are relatively rare but can be granted if “it is clear that no defence will succeed at the trial”(Greene v Associated Newspapers Ltd [2005] QB 972 per Brooke LJ at [57]). [read post]
8 Mar 2011, 12:38 pm
Comment I think Rimer LJ makes a thoughtful and important point here. [read post]
7 Mar 2011, 10:00 pm
As Elias LJ was at pains to point out, the common law still confers no right to strike in this country. [read post]
7 Mar 2011, 4:22 am
Ward LJ, giving the leading judgment made it clear that the courts were bound by the decision of the House of Lords in Campbell v MGN (No.2). [read post]
7 Mar 2011, 12:40 am
That defence was enshrined, as Jacob LJ notes, to stop “a manufacturer whose product would not qualify for copyright protection . . . [read post]
6 Mar 2011, 9:08 pm
However, the Court went out of its way to give further support to the Jackson costs reforms with Ward LJ saying: “Let Lord Justice Jackson’s reforms be enacted sooner rather than later”. [read post]
4 Mar 2011, 4:00 pm
On appeal, Patten LJ held that on the tenancy at will issue, there was nothing before the judge that would indicate that the parties had intended anything but a tenancy at will. [read post]
3 Mar 2011, 9:20 pm
Ward LJ, giving the leading judgment said: “I prefer the view of the respondent that the Court of Appeal remains bound by the decision of the House of Lords: see Kay v Lambeth LBC [2006] UKHL 10, [2006] 2 A.C. 465. [read post]
2 Mar 2011, 10:59 pm
Smith LJ went further. [read post]
2 Mar 2011, 7:06 am
Referring to Laws LJ’s (now famous) riposte to Lord Carey and his exegesis of the function of the law in relation to religious belief in the McFarlane case, Munby J firmly reasserts the role of the judge in a free society as guaranteeing the legal protection for the right to hold or express beliefs, but not protecting that belief’s substance or content. [read post]
25 Feb 2011, 12:02 am
”Commenting on these points, Jacob LJ stated (at [36]) that while it “did not form any part of the Judge’s reasoning when he came to claim construction. [read post]
