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26 Mar 2019, 1:05 pm
It provides a shield for individuals from arbitrary state action. [read post]
13 Nov 2014, 8:35 am
Miles, 2008 BCCA 318, at para. 35. [read post]
12 May 2015, 2:45 pm
[Docket No. 59, ¶¶ 2-3]. [read post]
10 Dec 2019, 7:01 am
(R.) v. [read post]
9 Aug 2012, 7:27 am
The motion judge cites the recent judgment of the Supreme Court of Canada in Momentous.Ca Corporation v Canadian American Association of Professional Baseball Limited, 2012 SCC 9 (CanLII), 2012 SCC 9, where the Court at para. 9 states: In Z. [read post]
The Indian Satellite Saga and Retaliation: Recognizing the Supreme Court of India’s Judgment Abroad?
24 Jun 2024, 7:03 pm
Since 2023, courts worldwide, including those in Australia, Canada, Germany, Mauritius, the Netherlands, Singapore, Switzerland, and the US, rendered decisions regarding whether to recognize the SCI Judgment and to allow it as a defence against the enforcement of arbitration awards.[1] This Insight analyzes these courts’ judgments and reflects on the decentralized judgment/award recognition and enforcement system for addressing alleged state retaliation measures. [read post]
26 Jan 2024, 9:01 am
Later today the Just Security podcast, with host Paras Shah, will feature Professors Oona Hathaway, Adil Haque, and Yuval Shany discussing the case. [read post]
18 Dec 2015, 12:03 pm
Justice Macaulay stated in Lubick v. [read post]
27 Apr 2020, 2:38 pm
The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants (2020) EWCA Civ 542 The Court of Appeal have their way with the judicial review of the ‘Right to Rent’ scheme. [read post]
25 May 2016, 12:00 pm
The transfer guidelines in the Chancery Guide at para 14.19 make it clear that an order for transfer out will only be made if the value of the claim is ascertainable.2. [read post]
7 May 2017, 4:28 am
In that email, Mr Perry stated that he had received a letter purported to come from Judge Hacon himself (it did not). [read post]
14 Dec 2010, 9:45 pm
The issue, therefore, was whether the police took all “reasonable steps” (Z and Others v. the United Kingdom, no. 29392/95, para. 73) to prevent ill-treatment. [read post]
9 Mar 2012, 9:42 am
State, 2011 WY 137, ¶ 16, 261 P.3d 743, 746 (Wyo. 2011) (Voigt, J., specially concurring); Baker v. [read post]
27 Aug 2017, 2:25 pm
The former meaning has been taken as correct by the parties and by the courts below, but, for the reasons given in paras 28 to 31 above, I am currently inclined to favour the latter meaning…… However, it is clear that, if para 3.2.2.2(ii) is an effective term of the Contract, it was breached by [MT] whichever meaning it has, and therefore the issue need not be resolved. [read post]
23 Jun 2017, 12:20 am
[para 35]. [read post]
31 Oct 2008, 6:58 pm
Duke v. [read post]
28 Jul 2009, 9:55 am
The court must not impose what the court itself would consider to be fair (Stack at para 61). 4. [read post]
22 Apr 2020, 4:00 am
Furthermore, an individual’s right to have a visa application determined and to have that decision reviewed in accordance with law, including the norms of procedural fairness, may need to be balanced against the state’s duty to protect national security (Karahroudi v Canada (Citizenship and Immigration), 2016 FC 522 [Karahroudi] at para 27). [read post]
10 Jan 2019, 1:19 pm
Co. v. [read post]
22 May 2016, 2:36 pm
The Court of Appeal referred to the important interest at stake to hold against reading in or inferring additional limitations beyond what the Supreme Court of Canada stated at para 127 in Carter. [read post]