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17 Apr 2024, 8:45 am
In his lead judgment, Birss LJ spent considerable time examining this judgment – the correctness of which was not called into question – and determining its correct construction. [read post]
23 Nov 2020, 1:45 pm
No challenge had been made that the Council should have made its decision on a different date, but it would have been unlikely to be successful even if made at the time of the review, as: In the present case, as in Alibkhiet v Brent LBC, “the shortage of housing … is the constant backcloth against which all housing decisions are currently made”, the Council did not need to “wait in the Micawberish hope that ‘something will turn up'” and the Council… [read post]
27 Nov 2020, 4:53 pm
In examining what integrity means by reference to the scope of a solicitor’s obligation, the Divisional Court quoted oft repeated dicta of Jackson LJ in SRA v Wingate [2018] 1 WLR 3969 from which it extracted three principles: i) an association between integrity and adherence to the standards of the profession; ii) that in relation to matters associated with their professional standing solicitors are expected to held to a higher standard than those outside… [read post]
25 Jul 2011, 1:26 am
In many ways the most interesting part of the Court of Appeal judgment was the final section in which Thomas LJ posed two questions. [read post]
7 Feb 2020, 3:45 am
This was consistent with the decision reached by the Divisional Court ([2018] EWHC 1955 (Admin): Legatt LJ and Nicol J). [read post]
13 Oct 2011, 2:15 am
This might suggest that the debate was about the role of courts generally, so bringing us back to the questions raised by Laws LJ and the response from Lord Pannick (last Tuesday) that the courts have an important role to play when the political process fails to protect vulnerable minorities. [read post]
30 Nov 2018, 7:36 am
From that angle, his Lordship applauded the analysis of Sales LJ by finding “it impossible to improve on how, in inevitably general terms” he approached the germane issue of generalised normative guidance in s 117A(2)(a) which in his words “may be overridden in an exceptional case by particularly strong features of the private life in question. [read post]
1 Jan 2016, 1:13 pm
The origin of the adverb was in a judgment of Rix LJ in McHale v Earl Cadogan [2010] EWCA Civ 14, [2010] 1 EGLR 51, para 17. [read post]
16 Nov 2007, 11:03 am
She did talk to the LJ Academic Newswire today about what she's learned so far from the presentations by chair, José-Marie Griffiths, and Brian E.C. [read post]
6 Aug 2013, 8:11 am
The principal judgment given by Mummery LJ. [read post]
12 Mar 2008, 1:04 pm
Vorrasi, "The Fall of the Kodak Aftermarket Doctrine: Dying a Slow Death in the Lower Courts," 72 Antitrust LJ 209 (2004) [read post]
28 May 2010, 5:38 am
In the judgment, Thorpe LJ said “There is obviously a high public interest, analogous to the public interest in the due administration of criminal justice, in the proper administration of professional disciplinary hearings, particularly in the field of medicine. [read post]
25 Apr 2017, 3:12 am
In R (E & Ors) v DPP [2011] EWHC 1465, Munby LJ observed an unmistakable absence of any reported case holding that art 8 could be used to challenge criminal proceedings for a matter falling squarely within the criminal law. [read post]
19 Jan 2012, 6:14 am
This, together with the test laid down by Sedley LJ in Redmond-Bate v DPP [1999] EWHC Admin 733, led the Court of Appeal to conclude that the approach to be followed was an objective one and that it was not for the court to form its own view as to imminence. [read post]
19 May 2011, 8:01 am
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILIIIn Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. [read post]
30 Nov 2018, 7:36 am
Lord Wilson disagreed with Sales LJ that some migrants holding limited leave to remain could have an immigration status which was not precarious. [read post]
28 Mar 2023, 3:01 am
[1] An extended form of the Note prepared for the Court of Arches by the Rt Revd Christopher Hill is published as: C Hill, “A Note on the theology of burial in relation to some contemporary questions”, (2004) 7 Ecc LJ 447. [read post]
8 Nov 2011, 6:37 am
In McCombe J’s view (with which Hallett LJ agreed), the relevant officer did reasonably suspect that if he and his colleagues carried out the search prohibited items would be found on one or more of the protestors. [read post]
27 Oct 2011, 11:06 pm
The first was found in Grovit v Doctor (unreported) CA, 38 October 1993, where Glidewell LJ said that the court can infer that there is no proper motive for a delay where the plaintiff gives no valid explanation for it. [read post]
12 Mar 2012, 1:24 am
Giving judgment for the Court of Appeal, Lewison LJ said: “It is obvious that the power to grant relief against sanctions is a discretionary power. [read post]
