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20 Dec 2010, 4:15 am
This purely subjective approach – assessing costs on the basis of a particular claimant - did not fulfil the Aarhus requirements as interpreted by Suliivan LJ in R (Garner) v Elmbridge Borough Council [2010] EWCA Civ 1006. [read post]
17 Dec 2010, 1:06 am
As Jackson LJ observed: “In the circumstances of this case there was no risk whatsoever that the claimant's solicitors would not be paid their base costs in full. [read post]
17 Dec 2010, 1:02 am
Aldous LJ said, at 920: "In my view there can be discerned from the cases a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending to equip another with an instrument of fraud. [read post]
14 Dec 2010, 10:46 pm
"Carnwath LJ was having none of this: "... [read post]
14 Dec 2010, 9:09 pm
Professor Dominic Regan, writing in the New Law Journal, explained the recommendations he has made following his review for Jackson LJ of the Birmingham Mercantile Court costs management pilot: “My considered recommendation is that the process be applied to every multi-track action whatever the content. [read post]
13 Dec 2010, 4:23 pm
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]
12 Dec 2010, 10:00 pm
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]
12 Dec 2010, 9:40 pm
In short, both judges concurred with Hallett LJ’s decision that the Coroners Rules did not provide a power to hear evidence in sessions from which ‘interested persons’ (including families of the 7/7 victims) could be excluded. [read post]
10 Dec 2010, 4:24 am
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. [read post]
10 Dec 2010, 4:24 am
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. [read post]
10 Dec 2010, 4:24 am
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. [read post]
10 Dec 2010, 4:03 am
[LNL; NLJ; Courthouse News; SBM Blog; ABAJ; Wisconsin LJ] (Update: and Drug and Device Law later this morning.) [read post]
9 Dec 2010, 8:56 am
Patten LJ concluded that MGN had infringed Grisbrook's rights but refused the application to commit MGN for contempt. [read post]
4 Dec 2010, 8:17 am
It's the second most cited among all specialized or peer-edited or refereed journals [http://lawlib.wlu.edu/lj/], for what that's worth. [read post]
3 Dec 2010, 4:56 pm
Nevertheless, there may yet be room for arguing that the Magistrates and subsequently the Crown Court breached his Article 10 rights because they should have interpreted the word “menacing”, or perhaps the mens rea requirement, in a more restrictive manner (such an interpretative approach, based on section 3 of the HRA 1998, was used in Connolly v DPP [2008] 1 WLR 276 by Dyson LJ (as he then was) in respect of section 1 of the Malicious Communications Act 1988). [read post]
3 Dec 2010, 12:53 am
Coleridge quoted another judge, the then Mr Justice Munby (now Munby LJ), in the infamous case where a “wholly deserving father” left court in tears, (Re D (intractable contract dispute) 2004 1FLR 1226), Munby J, claimed that “flabby judicial responses” encourage the very impunity judges are trying hard to avoid. [read post]
1 Dec 2010, 11:36 pm
The PRPSH renewed their application and came before Sedley LJ Permission to appeal was refused. [read post]
1 Dec 2010, 11:36 pm
The PRPSH renewed their application and came before Sedley LJ Permission to appeal was refused. [read post]
1 Dec 2010, 9:59 pm
Nevertheless, there may yet be room for arguing that the Magistrates and subsequently the Crown Court breached his Article 10 rights because they should have interpreted the word “menacing”, or perhaps the mens rea requirement, in a more restrictive manner (such an interpretative approach, based on section 3 of the HRA 1998, was used in Connolly v DPP [2008] 1 WLR 276 by Dyson LJ (as he then was) in respect of section 1 of the Malicious Communications Act 1988). [read post]
30 Nov 2010, 9:58 pm
In short, both judges concurred with Hallett LJ’s decision that the Coroners Rules did not provide a power to hear evidence in sessions from which ‘interested persons’ (including families of the 7/7 victims) could be excluded. [read post]
