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28 Jul 2009, 9:55 am
From an extended examination of Chadwick LJ’s judgment in Oxley v Hiscock [2004] EWCA Civ 546, which expressly raises ‘fairness’ on the basis of relevant conduct as the criterea by which share of interest should be assessed, in the absence of express agreement, and Stack v Dowden [2007] UKHL 17, which appears to limit ‘fairness’ and expressly concerned shares in a property in joint names, where Oxley v Hiscock concerned a… [read post]
16 Sep 2019, 7:28 am by CMS
In England & Wales, Gina Millar (the businesswoman who brought the UK Supreme Court appeal of R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5) also raised proceedings, following the Queen’s signing of the Order in Council. [read post]
8 Jul 2010, 12:52 am by 1 Crown Office Row
” The full hearing came before Lord Justice Carnwath, Lord Justice Jackson and Mr Justice Hedley. [read post]
22 Jul 2011, 10:06 am by The Legal Blog
Learned counsel for the petitioner stated that prayer (a) which seeks overruling or setting aside of the judgment already passed in Mr X v. [read post]
16 Nov 2011, 1:19 am by Karwan Eskerie
However, there was a suggestion at the time of the Copenhagen Conference, stemming from a report by Lord Turner’s non-governmental Committee on Climate Change which was picked up by the media, that the enhanced EU commitment would translate into a 42 percent target for the UK. [read post]
22 Nov 2012, 12:09 pm by Rosalind English
and Lord Hoffmann, commenting on the decision in Bieber, observed that Article 3 was prescribing the minimum standard, not a norm. [read post]
6 Jul 2015, 6:34 am by Alex Bailin QC, Matrix
Lord Kerr (for the minority) noted that REP was the “touchstone” of private life (applying Campbell v MGN [2004] 2 AC 457). [read post]
11 Jan 2012, 3:02 am by Aidan O'Neill QC, Matrix Chambers
   The three categories identified by Lord Diplock in Council of the Civil Service Unions v Minister for the Civil Service (essentially for review of administrative action) are not exhaustive. [read post]
28 Jun 2010, 11:39 am by Trey Childress
In a landmark decision, the United States Supreme Court ruled last week in the case of Morrision et al. v. [read post]
26 Mar 2010, 8:20 am by Marta Requejo
Interpretation of a jurisdiction clause is a matter of national law (Benincasa, Knorr-Bremse (supra), and in Fiona Trust, Longmore LJ in the Court of Appeal, applauded by Lord Hoffmann in the House of Lords, stated that ‘the words “arising out of” should cover “every dispute except a dispute as to whether there was ever a contract at all”’. [read post]
9 Apr 2012, 5:57 pm by INFORRM
Jeremy Bentham said in a well known passage quoted by Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417, 477: Publicity is the very soul of justice. [read post]
28 Apr 2011, 10:40 pm by 1 Crown Office Row
I will begin by summarising the present state of that law. [read post]
2 Nov 2008, 1:58 pm
Cape Industries plc., and on an observation by Lord Keith in the House of Lords decision in Woolfson v. [read post]
16 Jun 2014, 1:26 am by Dave
 In Din v Wandsworth LBC [1983] AC 657, the House of Lords had, by a majority, held that the correct date for determining intentionality was the date when the household left their accommodation. [read post]