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5 Aug 2014, 10:14 am
Thus, in R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213 para 165 provides that in discrimination cases there should be a structured approach to the question of justification: “First, is the objective sufficiently important to justify limiting a fundamental right? [read post]
3 Aug 2014, 7:34 am
It also means that cases such as Lower Street Properties v Jones, Church Commissioners v Meya, and MacDonald v Fernandez will become much less relevant in a lot of cases. [read post]
2 Aug 2014, 11:22 am
Then along came Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 on 23 July. [read post]
2 Aug 2014, 6:05 am
Niven v. [read post]
30 Jul 2014, 7:20 am
This is only the third case to reach the Supreme Court involving the limits of the right to free elections in A3P1 (the first was R (Barclay & Ors) v Secretary of State for Justice [2009] UKSC 9, on election law on the island of Sark; the second was the unsuccessful challenge to the UK’s prisoner voting ban in R (Chester) v Secretary of State for Justice and McGeoch v Lord President of the Council [2013] UKSC 63). [read post]
29 Jul 2014, 4:30 am
In light of the obvious provenance of section 4 in Flood (the explanatory notes of the Act state expressly (para 29) that “The intention in this provision is to reflect the existing common law as most recently set out in Flood v Times Newspapers”), it seems very likely that the section would be interpreted as importing in an obligation of responsibility on the part of the defendant, even though it does not state this expressly. [read post]
28 Jul 2014, 1:31 am
R (SG & Ors) v Secretary of State for Work and Pensions,heard 29-30 April. [read post]
27 Jul 2014, 9:03 am
Over 20 years ago, in 1993, the United States Supreme Court handed down its Daubert decision. [read post]
25 Jul 2014, 3:36 am
However in Spencer v. [read post]
24 Jul 2014, 12:30 pm
"He also commented that in Interflora 1 (Interflora Inc v Marks and Spencer plc [2012] EWCA Civ 1501 [noted by the IPKat here] Lewison L.J. had stated that different considerations from the general position on surveys apply where the issue is whether a registered mark has acquired distinctiveness. [read post]
24 Jul 2014, 3:50 am
Supreme Court judgment In a judgment delivered by Lord Hughes, the Supreme Court unanimously refused Mr Nunn’s appeal. [read post]
22 Jul 2014, 8:27 am
Lord Justice McCombe however dismissed this, stating that regardless of whether the report had been misunderstood, it was insufficient basis on which to decline to follow Cherry Tree as decided in curiam. [read post]
22 Jul 2014, 7:19 am
In R v Lord Chancellor Ex p Witham[1998] QB 575 he noted (at 581) that “in the unwritten legal order of the British state” it is “the common law [which] continues to accord a legislative supremacy to Parliament”. [read post]
21 Jul 2014, 1:37 am
R (SG & Ors) v Secretary of State for Work and Pensions,heard 29-30 April. [read post]
16 Jul 2014, 4:36 pm
Following Stec v UK and R (Carson) v SSWP, it was settled law that the allocation of state resources was a matter for Parliament and the government and not the Court. [read post]
15 Jul 2014, 7:59 am
On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). [read post]
15 Jul 2014, 2:00 am
R (Lord Carlile of Berriew QC & Ors) v SSHD, heard 13 May 2014. [read post]
14 Jul 2014, 5:31 pm
Further, as Lord Coledridge said in Harris v Qarre (1879) 4 CPD 125, an action for defamation turns not on the fact of a defendant having used defamatory expressions, but the fact of him having used those defamatory expressions. [read post]
13 Jul 2014, 11:00 pm
The Court of Appeal in the case of Arewa Textiles Plc & Others v. [read post]
7 Jul 2014, 7:53 am
R (Lord Carlile of Berriew QC & Ors) v SSHD, heard 13 May 2014. [read post]
