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24 Nov 2017, 8:37 am
It was, however, adverted to in the Court of Appeal, where Sharp LJ said: I can quite see why there was no issue below that it was the unexpressed intention of the parties that Mr. [read post]
25 May 2007, 6:52 am
.* Both the US and Sweden had become qualifying countries by the time the infringement took place.The IPKat admires their Lordships' careful reading of Part II of the Act, which is persuasive, in the face of what Toulson LJ calls the "seductively simple" submissions on behalf of the appellants. [read post]
2 Mar 2022, 12:21 pm
Mr Pettit’s objective in equating “use” with “purpose” was to enable him to appropriate dicta from Lewison LJ’s judgments in Ludgate House and Laleva and to deploy them in support of his argument. [read post]
6 Jun 2012, 11:15 pm
Maurice Kay LJ found that it was, relying primarily on the common law approach, noting that statutes implementing extradition agreements had to be interpreted generously so as to facilitate extradition (at [6]-[14]). [read post]
11 May 2009, 11:38 am
On the other hand, local authorities cannot be expected to make their own critical evaluation of applicants’ medical evidence and should have access to independent specialist advice, if they wish to disagree on medical grounds: Shala v Birmingham City Council [2007] EWCA Civ 624 per Sedley LJ at para. 19. [read post]
21 Jun 2019, 8:29 am
In the Court of Appeal, Bean LJ (giving the leading judgment) noted that his pension was far more advantageous than it would be if he had not become permanently incapacitated from his job (since in that situation he would lose his entitlement to any pension until his normal retirement age of 67). [read post]
9 Aug 2017, 3:09 am
The Court of Appeal unanimously dismissed Mr Khuja’s appeal, with Sharp LJ giving the only judgment. [read post]
6 Jul 2014, 5:53 pm
The appeal in the case of Flood v Times Newspapers, is listed to be heard on 8 or 9 July 2014 by the Master of the Rolls, the President of the Queen’s Bench Division and Sharp LJ. [read post]
13 Aug 2018, 12:22 pm
Ltd. v Weldon The Times 9 November 1990per Staughton LJ). [read post]
5 Feb 2017, 2:52 pm
This is the same factor as that to which Nicholls LJ referred in Holding & Management when considering contractual recoverability. [read post]
17 May 2023, 2:29 am
As Rose LJ observed in the Court of Appeal, a bridge-like structure for carrying water is what “immediately comes to mind”, an observation that reflects that common meaning. [read post]
25 Jul 2012, 4:02 am
Kray, LJ, George, LG, Liljenqujist, KA, Galinsky, AD, Tetlock, PE, & Roese NJ (2010). [read post]
4 Dec 2011, 9:36 pm
This application was also refused, Mummery LJ saying he thought that “this was a pretty open and shut case” [When I fly United, Merpel chips in, I hope my case stays shut till I get it home ..], again refusing both permission to appeal and a stay of execution. [read post]
27 Nov 2010, 8:57 am
I hope he won’t prevail Here is the opening of Moses LJ’s lecture – which I found interesting… I shall speak to you at length; I cannot even say how long I will be. [read post]
20 May 2016, 2:11 am
The Court of Appeal (Jackson, King and Simon LJ) heard the appeal on 15 April, and on 18 April handed down a judgment discharging the injunction. [read post]
30 Jun 2010, 9:51 am
He pointed out that section 8 of the Children Act defines 'a contact order' as 'an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other' and that: "As Ward LJ observed in paragraph 9 of his judgment in the case of Re B (A Child) [2001] EWCA Civ 1968, necessarily the contact order cannot be made unless it can… [read post]
14 Aug 2011, 1:26 pm
Wells, 1966 (3) All ER 524, Salmon LJ, in the Court of Appeal, observed that the rule of estoppel was founded on the well-known principle that one cannot approbate and reprobate. [read post]
3 Jun 2011, 5:34 am
The Court of Appeal (Arden LJ dissenting on the procedural issue only) reversed the High Court’s decision and held that the Special Commissioners had jurisdiction to hear any legal argument relevant to the subject matter of the conclusions stated in a closure notice. [read post]
16 Nov 2014, 8:24 am
It is difficult to imagine that Hobhouse LJ, when he adopted the Pereira test, ever imagined that its use would result in a quasi statutory test whereby applicants who, on an ordinary meaning of the word are vulnerable, and are at risk of serious harm if made street homeless, are deemed not in priority need. [read post]
30 Jul 2009, 11:32 am
Mummery LJ's careful analysis, ... reaching this conclusion and for setting aside the second and third declarations made by Blackburne J, seems to me to be encapsulated in the following two propositions. [read post]
