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24 Feb 2011, 4:07 pm
Rix LJ demonstrated this by reference to “the typical case of stalking”. [read post]
24 Feb 2011, 3:02 pm
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
24 Feb 2011, 3:02 pm
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
23 Feb 2011, 9:26 pm
One of Jackson LJ's proposals is for fixed costs for all stages of all fast-track matters. [read post]
22 Feb 2011, 4:09 pm
Gross LJ continued at paragraph 49: iv) There is not and cannot be any universal test for resolving when speech goes beyond legitimate protest, so attracting the sanction of the criminal law. [read post]
21 Feb 2011, 2:08 pm
• The approach of the English judiciary to corporate corruption In Innospec, Thomas LJ indicated criminal sanctions would be the most appropriate penalty in cases of serious corruption: “It will rarely be appropriate for crimina [read post]
21 Feb 2011, 1:44 pm
Para 59 of Auld LJ's judgment in Cadona was quoted, to the effect that this was short term accommodation as a short term measure taken as a last resort. [read post]
21 Feb 2011, 1:44 pm
Para 59 of Auld LJ's judgment in Cadona was quoted, to the effect that this was short term accommodation as a short term measure taken as a last resort. [read post]
20 Feb 2011, 10:59 pm
Gross LJ continued at paragraph 49: iv) There is not and cannot be any universal test for resolving when speech goes beyond legitimate protest, so attracting the sanction of the criminal law. [read post]
14 Feb 2011, 10:44 pm
Similar points were made in the decision of Rose LJ and Scott Baker J in R v Secretary of State for Foreign and Commonwealth Affairs Ex p World Development Movement [1995] 1 WLR 386, in which the World Development Movement was permitted to challenge a decision not to give assurance that the UK would provide no further funds for a hydro-electric power station outside the jurisdiction. [read post]
8 Feb 2011, 4:10 pm
The point was dealt with by Moses LJ in this way: Tarsasag a Szasbadsagjogokert v Hungary (No 37374/05 14 April 2009) a landmark decision on freedom to information, on which Mr Eicke, for Mr Sugar, relied, establishes that article 10 may be invoked not only by those who seek to give information but also by those who seek to receive it (see also A v Independent News and Media Limited & Others [2010 EWCA Civ 343 [43] and [44]). [read post]
Richardson v Richardson: Cases in which a Barder event can be successfully argued are extremely rare
8 Feb 2011, 9:18 am
Lord Justice Munby also entirely agreed with the "powerful observations" of Thorpe LJ (at paragraph 86):"Cases in which a Barder event, as opposed to a vitiating factor, can be successfully argued are extremely rare, should be regarded by the specialist profession as exceedingly rare, and should not be thought to be extendable by ingenuity or the lowering of the judicially created bar. [read post]
5 Feb 2011, 7:11 am
As it happens, the version of the article that was published in the Dalhousie LJ is the version that is on the SSRN with, I expect, whatever fixes were required for typos and syntax issues and the like but no changes in substantive content. [read post]
3 Feb 2011, 6:06 am
In October, Smith LJ granted Indian national Sant Baba Jeet Singh ji Maharaj the right to appeal in his libel case against journalist Hardeep Singh. [read post]
1 Feb 2011, 6:47 am
The Nat'l LJ, Jan. 31, 2011 at 8, mentions that Silver Lake has more than $14 billion under management.... [read post]
31 Jan 2011, 10:00 pm
Licensing is a very neat example of this; as Toulson LJ, says, although questions about noise, law and order, economic benefit to the proprietor and the effect on the locality are all in a sense questions of fact, they are not questions of the “heads or tails” variety. [read post]
31 Jan 2011, 1:17 pm
The Court of Appeal, in Black LJ’s extempore judgment found that: 13. [read post]
29 Jan 2011, 3:40 am
Rameshwar Dayal Dubey [1966] 1 Comp LJ 65 a Division Bench of the Calcutta High Court held that where the affairs of a company were manipulated as to deprive a shareholder of his sizable amount of rights shares, the remedy open to him is before the Company Law Board and not before the High Court. [read post]
28 Jan 2011, 7:16 am
As I have indicated, there is a genuine debate about that (Elias LJ, paragraph 60). [read post]
27 Jan 2011, 2:05 pm
”Peter Smith J made an unfortunate remark about abuse of process and, The Lawyer reported: “Lord Justice Lloyd made it clear that any comments made about the firm’s alleged abuse of power were “altogether unjustified” and that the firm’s “application cannot fairly be regarded as having been launched only in order to delay the resumption of the trial…..When the trial resumes, Lloyd LJ stated, it should do so under a different judge and… [read post]
