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18 Nov 2014, 1:00 am by Anita Davies, Matrix
In such cases the court is not discussing the truth or reasonableness of any of the doctrines of the religious association, but as stated by Lord Davey in General Assembly of the Free Church of Scotland v Overtoun [1904] AC 515 (1904 7 F (HL) 1): “The more humble, but not useless, function of the civil Court is to determine whether the trusts imposed upon property by the founders of the trust are being duly observed. [read post]
17 Nov 2014, 11:38 am by Antonio Zuccaro
  Its subject matter is the protracted civil litigation that extended from a brief County Court hearing in 2007 to the Supreme Court judgment of Jones v Kernott [2011] UKSC 53. [read post]
17 Nov 2014, 7:03 am by Anthony Fairclough
  Lord Wilson gave the leading judgment; Lord Kerr, Lady Hale and Lord Clarke agreed with him. [read post]
17 Nov 2014, 3:34 am by Peter Mahler
Over 100 years ago, in Lord v Hull, 178 NY 9 [1904], the New York Court of Appeals — the state’s highest court — drew upon English common law to establish what has become a bedrock principle of American partnership law, that courts generally will not entertain lawsuits between partners except in the setting of a dissolution or final accounting. [read post]
17 Nov 2014, 2:15 am by Matrix Legal Information Team
Moohan & Anor v The Lord Advocate, heard 24 July 2014. [read post]
15 Nov 2014, 1:29 am by Graham Smith
”John Thorpe MP put the State firmly ahead of the individual:“… In my view the State is in great danger, and no power which would tend to protect it should be withheld from the Government. [read post]
14 Nov 2014, 8:45 am by Matrix Legal Information Team
In R (Lord Carlile of Berriew QC & Ors) v SSHD; the Court ruled by a 4-1 majority that the executive’s decision to bar Mrs Rajavi’s admission into the UK on grounds that it would not be conducive to the public good was rational and Secretary of State had not underrated the appellants’ ECHR, art 10 rights or overstated the risk. [read post]
12 Nov 2014, 10:15 am
Whitby Specialist Vehicles v Yorkshire Specialist Vehicles. [read post]
12 Nov 2014, 2:36 am by Matrix Legal Information Team
In December 2010, Lord Carlile of Berriew, together with two other members of the House of Lords, asked the Home Secretary for a meeting to discuss lifting the exclusion to enable Mrs Rajavi, a dissident Iranian politician who had been excluded from the UK in 1997, to address meetings in the Palace of Westminster. [read post]
11 Nov 2014, 7:03 am by Bryan Heaney
The House of Lords decision in R v Salford HA Ex p Janaway Lady Smith found support for her interpretation in the case of R v Salford HA Ex p Janaway [1989] 1 AC 537. [read post]
10 Nov 2014, 3:23 am by Matrix Legal Information Team
Moohan & Anor v The Lord Advocate, heard 24 July 2014. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
5 Nov 2014, 2:16 am by Matrix Legal Information Team
Lord Toulson stated that considering the principles of Target Holdings v Redfern, a monetary reward which reflects neither loss caused nor profit gained by the wrongdoer, such as the one argued by the appellant, would be penal. [read post]
4 Nov 2014, 8:52 am by Lauren Wood, Olswang LLP
This was stated as the amount of the participation plus accrued interest up to the Settlement Date. [read post]
4 Nov 2014, 3:40 am by Charlie Tomlinson, Olswang LLP
Lord Neuberger also raised the question of whether anonymous speech is even capable of protection in the Internet age, and remarked on Mr Justice Eady’s conclusions in Author of a Blog v Times Newspapers Ltd [2009] EWHC 1358 (QB), that bogging is a public activity with no reasonable expectation of privacy. [read post]
3 Nov 2014, 5:09 am by Matrix Legal Information Team
Moohan & Anor v The Lord Advocate, heard 24 July 2014. [read post]
2 Nov 2014, 6:17 pm by Omar Ha-Redeye
To evoke Lord Sankey’s celebrated phrase in Edwards v. [read post]
1 Nov 2014, 10:59 pm
Magliveras, Human Rights and the Denunciation of Treaties and Withdrawal from International Organisations Lord Lester of Herne Hill, Free Speech TodayDimitry Kochenov, On Policing Article 2 TEU Compliance – Reverse Solange and Systemic Infringements Analyzed Krystyna Kowalik-Bańczyk, A la recherche d’une coherence perdue – Possible Arguments for the Non-application of EU Law in Member States Jakub Kociubiński, Consolidation or Fragmentation? [read post]
31 Oct 2014, 11:00 pm by Giesela Ruehl
” The majority judgment of the Court of Appeal, Waller LJ dissenting, was overruled in the House of Lords. [read post]