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4 Nov 2010, 12:53 am
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
4 Nov 2010, 12:53 am
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
1 Nov 2010, 11:45 pm
Finding for M on this point, Rix LJ expressed sympathy with K&C’s argument that the “true need was the underlying one of safety in managing [M’s] night-time toileting. [read post]
31 Oct 2010, 11:46 pm
” Hughes LJ addressed two matters of principle when addressing the three co-joined appeals before the court. [read post]
31 Oct 2010, 4:00 pm
La incongruencia interna de la sentencia es, por tanto, motivo de recurso de casación por infracción de las normas reguladoras de la sentencia, conforme al artículo 95.1.3º LJ(hoy art. 88.1.c, LRJCA), aunque no sea por desajuste a lo pedido lo a la causa de pedir, en los términos que derivan del artículo 359 LEC/1881(art. 218 LEC/2000) y artículos 33.1 y 67 LJCA(arts. 43.1 y 80 LJ), sino por falta de la lógica que requiere que… [read post]
29 Oct 2010, 2:53 am
K&J had argued that a by the way statement made by Lord Templeman in Billson v Residential Apartments Ltd (No 1) [1992] 1 AC 494 to the effect that "I consider that the practice of ordering indemnity costs as a condition of granting relief is ripe for reconsideration" should be followed in preference to Chadwick LJ's statement of principle in Bland v Ingrams Estates Ltd (No 2) [2001] EWCA Civ 1088 at paragraph 14: "Third, the object of the court when granting relief… [read post]
29 Oct 2010, 2:53 am
K&J had argued that a by the way statement made by Lord Templeman in Billson v Residential Apartments Ltd (No 1) [1992] 1 AC 494 to the effect that "I consider that the practice of ordering indemnity costs as a condition of granting relief is ripe for reconsideration" should be followed in preference to Chadwick LJ's statement of principle in Bland v Ingrams Estates Ltd (No 2) [2001] EWCA Civ 1088 at paragraph 14: "Third, the object of the court when granting relief… [read post]
25 Oct 2010, 10:45 pm
It remains to be seen whether the principle extends to the open expression of political opinion, the CA in TM (Zimbabwe) and others v SSHD [2010] EWCA Civ 916 having declined to decide the issue while nonetheless sketching out the field of argument (Elias LJ at [31-42]). [read post]
25 Oct 2010, 10:45 pm
Maurice Kay LJ considered that the case-law showed two distinct approaches: the application of the Hardial Singh principles and the causation/materiality test. [read post]
25 Oct 2010, 2:53 pm
With respect to Rix LJ, we would not ourselves favour a reference in this context to contumacy, if only because the word is perhaps slightly arcane; nor, with respect to the writer of the commentary on Rule 71.8 in Civil Procedure, Vol I 2010, would we favour a reference to contumely, which speaks more of insolence than of obstinacy. [read post]
25 Oct 2010, 2:53 pm
With respect to Rix LJ, we would not ourselves favour a reference in this context to contumacy, if only because the word is perhaps slightly arcane; nor, with respect to the writer of the commentary on Rule 71.8 in Civil Procedure, Vol I 2010, would we favour a reference to contumely, which speaks more of insolence than of obstinacy. [read post]
24 Oct 2010, 12:52 pm
Mommy and LJ are doing well. [read post]
22 Oct 2010, 7:18 am
Echoing Wilson LJ in the Court of Appeal in Radmacher, in some cases the prenuptial agreement will be a ‘compelling factor’ (para [83]). [read post]
21 Oct 2010, 10:45 pm
The ‘victim test: Jackson LJ? [read post]
21 Oct 2010, 9:56 am
Wells, 1966 (3) All ER 524, Salmon LJ, in the Court of Appeal, observed that the rule of estoppel was founded on the well-known principle that one cannot approbate and reprobate. [read post]
20 Oct 2010, 11:24 pm
In Wright v Wright [1970] 1WLR Oliver LJ recognized that the court must, I think, start from the position that a solemn and freely negotiated bargain by which a party defines her own requirements ought to be adhered to unless some clear and compelling reason, such as, for instance, a drastic change of circumstances, is shown to the contrary. [read post]
18 Oct 2010, 10:34 pm
LJ; Petrie Stocking] South Carolina high court to decide if "poker is a game of skill" loophole will permit home poker games without state interference. [read post]
17 Oct 2010, 10:30 pm
Ousley J again dismissed the claim, and permission to appeal was refused on paper by Toulson LJ. [read post]
16 Oct 2010, 6:54 pm
Late last month, the National Research Council released a book entitled “Biometric Recognition: Challenges and Opportunities” that exposes the many difficulties with biometric identification systems. [read post]
13 Oct 2010, 4:35 am
Thomas LJ held that the claims were on the same terms and part of the same placement and there would be a risk of irreconcilable judgments. [read post]
