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25 Jan 2011, 9:25 am
Lord Neuberger gave the leading judgement, with LJs LLoyd and Gross concurring. [read post]
25 Jan 2011, 9:25 am
Lord Neuberger gave the leading judgement, with LJs LLoyd and Gross concurring. [read post]
24 Jan 2011, 5:58 am
The Government had already placed itself firmly behind Jackson LJ’s proposals for ending recoverability. [read post]
21 Jan 2011, 2:51 am
While Mr Donald was entitled to expect that the court would adopt procedures which ensure that his Article 8 rights are not undermined, there was no need to go so far as to prevent the case being reported: “There is nothing in [the court’s] judgment that is significantly invasive of Mr Donald’s private or family life” (Kay LJ at [54]). [read post]
20 Jan 2011, 10:00 pm
However, it was not necessary, for the Directive to bite, to establish a significant effect on the conservation status of the species at population level and biogeographic level (which is what Ward LJ in the Court of Appeal had suggested). [read post]
18 Jan 2011, 9:06 pm
Over the last day or two I’ve been highlighting some of the more novel arguments put forward in opposition to Jackson LJ’s costs proposals. [read post]
15 Jan 2011, 4:40 pm
The Court of Appeal (Gross LJ), after referring to Armagas and Lister, rejected this finding, in a crucial passage: To my mind, an analysis founded on reliance and belief leaves little room for any consideration of whether the third party was “put on enquiry”. [read post]
15 Jan 2011, 5:23 am
The contemplated answer was “Sedley LJ in Thornton v Telegraph Media Group on 29 March 2010 [2010] EWCA Civ 510 who raised the question as to whether the words were defamatory – leading to the application on meaning which resulted in the judgment Thornton v Telegraph Media Group [2010] EWHC 1414 (QB) establishing the new “threshold of seriousness” in libel cases” however the judges have decided to accept, as an alternative “Tugendhat J following … [read post]
13 Jan 2011, 10:00 pm
As Sedley LJ put it: The consequent industry of legal challenges would generate in its turn defensive forms of public administration. [read post]
13 Jan 2011, 4:06 pm
The closeness of the facts to a "bargain" are a factor in the ultimate resolution of the case: see Robert Walker LJ in Jennings v Rice [2002] EWCA Civ 159, [2003] 1 P & CR 8 at [41] ff especially at [45]. [read post]
13 Jan 2011, 4:06 pm
The closeness of the facts to a "bargain" are a factor in the ultimate resolution of the case: see Robert Walker LJ in Jennings v Rice [2002] EWCA Civ 159, [2003] 1 P & CR 8 at [41] ff especially at [45]. [read post]
13 Jan 2011, 4:06 pm
The closeness of the facts to a "bargain" are a factor in the ultimate resolution of the case: see Robert Walker LJ in Jennings v Rice [2002] EWCA Civ 159, [2003] 1 P & CR 8 at [41] ff especially at [45]. [read post]
12 Jan 2011, 10:00 pm
Judicial opinion differs as to the weight to be attached to this factor but no-one denies its relevance; as Toulson LJ said in R(A) v Secretary of State for the Home Department, it is important not only as evidence of the risk of absconding but also because there is a big difference between administrative detention in circumstances where there is no immediate prospect of the detainee being able to return to his country of origin and detention in circumstances where he could return at once. [read post]
11 Jan 2011, 9:43 pm
In Nova v Mazooma [2007] EWCA Civ Jacob LJ explained that this was “an aspect of UK copyright law untouched by any EU harmonisation. [read post]
8 Jan 2011, 4:05 pm
The answer to this question, said Ward LJ (with whom Thomas and Richards LJJ agreed), was located in the underlying reason for the defence, which is “rooted in public policy”. [read post]
4 Jan 2011, 1:46 pm
Congrats and well deserved. [read post]
3 Jan 2011, 9:16 pm
Jackson LJ’s criticism of the funding arrangement was of solicitors seeking a success fee when there was “no risk”. [read post]
22 Dec 2010, 4:05 pm
R (Guardian News and Media) v City of Westminster Magistrates [2010] EWHC 3376 (Admin) – 21 December 2010, Admin Court (Sullivan LJ and Silber J). [read post]
21 Dec 2010, 8:30 pm
Jackson LJ's attack on "grotesque" funding arrangements (see link) raises an issue I have been meaning to comment on for some time. [read post]
20 Dec 2010, 9:54 pm
In the Court of Appeal, Hooper LJ rejected the argument that it was enough to show merely that there was a “real chance” that he would have been released, but he disagreed with Blair J on the facts. [read post]
