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1 Jul 2011, 10:06 am
In the Court of Appeal, Richards LJ had considered that the scheme ran into difficulties in relation to sea fish products that were processed on land – he considered that such products that had been imported would generally be subject to the levy, whilst such domestic products would not (because products made from sea fish would not themselves be “landed” in the UK). [read post]
19 Aug 2009, 8:46 pm
His Honour quoted with approval from Jacob LJ’s explanation of the distinction in the Vienetta case: There is a bit of sleight of hand going on here and in other cases of this sort. [read post]
25 Jan 2024, 12:53 am
With regard to “sufficient interest” of campaigning groups or individuals, in their written submissions the petitioners made reference to the considerations by the Administrative Court (Macur LJ, Chamberlain J) in R (McCourt) v Parole Board for England and Wales [2020] EWHC 2320 (Admin). [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]
14 Aug 2012, 2:56 am
In relation to the weight attached to the different pieces of evidence, Arden LJ said this: The situation, in which a judge is faced with limited evidence of misrepresentation and clear evidence of confusion, is exactly the sort of situation in which the judge is justified in giving more weight to his own experience and to the other evidence, especially the "real" evidence, as I have called it, than to the evidence of the witnesses. [read post]
15 Jan 2013, 6:27 am
Legally what’s interesting about this is that Leveson LJ recommended (see page 315) that the law should place an explicit duty on ministers to uphold the freedom of the press. [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]
22 Mar 2012, 2:59 am
At a previous hearing in the Court of Appeal, Jacob LJ had remarked that the “absurdity” arising from s.32(2) is that ” it allows all information deployed in a statutory inquiry (other than one under the Inquiries Act 2005) to be kept secret for 30 years after the end of the inquiry, regardless of the contents of the information, the harmlessness of disclosure, the public interest in disclosure and the willingness of those who deployed the material in the inquiry that it… [read post]
Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy
19 Apr 2012, 4:44 am
… The House of Lords was not concerned specifically with tortious liability for conspiracy, but the views which were expressed by the House of Lords on the mental requirements of the tort of causing loss by unlawful means are applicable to the tort of conspiracy: Meretz Investments NV v ACP [2007] EWCA Civ 1303, [2008] Ch 244 at [146] (Arden LJ). [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]
20 May 2012, 5:17 pm
Eady J and Moses LJ handed down a judgment on 17 May 2012 in a Judicial Review brought to challenge orders made to produce footage of the evictions at the Dale Farm (R (on the application of BSkyB v Chelmsford Crown Court [2012] EWHC 1295 (Admin)). [read post]
22 Jan 2023, 11:22 am
(Jakimaviciute) v Hammersmith and Fulham LBC (2014) EWCA Civ 1438 (our note) and Richards LJ’s view that The disqualification effected by (the council’s policy) is fundamentally at odds with the requirement under section 166A(3)(b) of the 1996 Act to frame a scheme so as to secure that reasonable preference is given to people who are owed a housing duty under one of the provisions of Part VII. [read post]
28 Sep 2022, 4:00 am
Law Society of Upper Canada”, Case Comment, (2004-2005) 41 Can Bus LJ 134. [read post]
5 Oct 2010, 5:02 am
The A LJ's undisputed findings of fact in support of this determination include not only the February 20, 2008 incident in which Resident # 10 wandered away from the facility, but also Resident # 10's history of wandering, Cedar Lake's prior knowledge of Resident # 10's propensity to wander, and Cedar Lake's previous development of a care plan that involved frequent observation and other measures designed to prevent Resident # 10 from wandering. [read post]
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 Oct 2018, 8:28 am
Kitchin LJ concluded the “inventive core of the patent has nothing to do with … whether the fluid flows through [the coolant pipes] in series or parallel” and that there was therefore no reason why the skilled reader would have thought that strict compliance with this element of the invention was necessary. [read post]
9 Nov 2009, 3:35 pm
Held, in Lloyd LJ's sole judgment: The practical difficulties if the appellant was correct would be large - for instance the specified amount of credit under the restricted use category - in discharge of the previous loan - would not be known until the last point of a redemption statement, if not later. [read post]
24 Jun 2022, 12:30 am
(reported in (1990) 2 Ecc LJ 64), a faculty was granted for the laying-up of a Royal British Legion standard in the parish church, although a petition for the introduction of a Guide movement flag to be displayed in a frame was dismissed; this was said to be “not a slight against the Guide movement, but the application of a criterion of eligibility”. [read post]
4 Apr 2010, 5:14 am
Sedley LJ adjourned the application for permission in the case of Thornton v Telegraph Group ([2009] EWHC 2863 (QB)), suggesting that a strike out application might be appropriate. [read post]
28 Jul 2014, 4:30 am
This was resolved by the Court of Appeal in Polly Peck (Holdings) plc v Trelford [1986] QB 1000, with O’Connor LJ stating (with unanimous approval): “In my judgment section 5 plainly requires the distinct charges against the plaintiff to be founded on separate words, and these must be contained in the passages of which the plaintiff complains. [read post]
