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27 Aug 2010, 1:49 am
Although in the event Munby LJ in did not grant anonymity to the treating clinicians, he did say this in his judgment ([2010] EWHC 538 (Fam)): ‘there is a significant and important wider public interest in protecting the anonymity of treating clinicians in child protection cases in order to promote the effective working of the child protection system; if treating clinicians are publicly ‘named and shamed’ and subjected to vilification for merely doing their jobs properly,… [read post]
26 Aug 2010, 12:39 am
In respect of the Hildebrand rules the Court concluded as follows: “We agree with Ward LJ that the so-called Hildebrand rules cannot in law be justified on any of the bases suggested, whether on the basis of lawful excuse, self-help or public interest, or, indeed, we would add, on any other basis. [read post]
24 Aug 2010, 4:16 am
He also noted the ambiguities in the phrase “freestanding factor” [32], a point taken on by Richards LJ, who sat both in the present case and RU (Sri Lanka), in which he expressed his agreement with Scott Baker LJ. [read post]
22 Aug 2010, 9:59 pm
The last of Jackson LJ's Civil Costs Review Seminars was concerned with the detailed assessment procedure. [read post]
21 Aug 2010, 6:07 pm
What is of immediate interest is the basis for the circuit's jurisdiction, which it does not (on my reading of the opinion published in the LJ) describe. [read post]
18 Aug 2010, 2:45 pm
It is hard to tell - both for us and, it appears, for Stanley Burnton LJ and Arden LJ as well. [read post]
18 Aug 2010, 2:45 pm
It is hard to tell - both for us and, it appears, for Stanley Burnton LJ and Arden LJ as well. [read post]
15 Aug 2010, 9:53 pm
LJ Paradise, M Bendellini, and H Friedman (Eds.), New York: Plenum. [read post]
13 Aug 2010, 1:44 pm
On this quantum issue Kennedy LJ agreed with him (at p 1429) and Schiemann LJ (at p 1447) expressed no opinion. [read post]
12 Aug 2010, 11:00 pm
Elias LJ, giving the only reasoned judgment of the court, found it was not necessary for this argument to be resolved for the purposes of these appeals (which were dismissed), so “a determination of this important question will have to await another day”. [read post]
11 Aug 2010, 2:14 pm
On the paper application, Patten LJ refused permission on the basis that: the sense behind the judgments in Ezekiel v Orakpo [1977] QB 260 and Harlow District Council v Hall [2006] 1 WLR 2116 , together with the apparent policy of excluding an assured tenancy from the definition of the property comprised in the bankrupt's estate in section 283 of the Insolvency Act 1986, give the present appeal somewhat low prospects of success. [read post]
11 Aug 2010, 2:14 pm
On the paper application, Patten LJ refused permission on the basis that: the sense behind the judgments in Ezekiel v Orakpo [1977] QB 260 and Harlow District Council v Hall [2006] 1 WLR 2116 , together with the apparent policy of excluding an assured tenancy from the definition of the property comprised in the bankrupt's estate in section 283 of the Insolvency Act 1986, give the present appeal somewhat low prospects of success. [read post]
9 Aug 2010, 7:13 am
Thomas Krattenmaker & Steve Salop, Anticompetitive Exclusion: Raising Rivals’ Costs to Achieve Power Over Price, 96 Yale LJ (1986). [read post]
8 Aug 2010, 11:17 am
Various voices, including that of Wall LJ, President of the Family Division, have been raised against the outcome of the Family contract process. [read post]
8 Aug 2010, 11:17 am
Various voices, including that of Wall LJ, President of the Family Division, have been raised against the outcome of the Family contract process. [read post]
6 Aug 2010, 8:44 am
POSTSCRIPT: More superlatives – this time it’s implosion rather than meltdown (per Wall LJ). [read post]
3 Aug 2010, 10:04 pm
W(Algeria) and 7 Others v Secretary of State for the Home Department [2010] EWCA Civ 898 (Jacob LJ, Sullivan LJ and Sir David Keene) 29 July 2010 – read judgment Article 6 of the Convention did not require an “irreducible minimum of information” that had to be provided to appellants in proceedings before the Special Immigration Appeals Commission about the risk they posed to national security. [read post]
30 Jul 2010, 7:18 am
[Edit: confirmed by Hardwicke Chambers as being Court of Appeal, permission by Rimer LJ] What is at issue is whether a suspended possession order should be made when the rent arrears have been included in a debt relief order pursuant to the Insolvency Act. [read post]
30 Jul 2010, 3:22 am
In its decision -- largely given by Patten LJ with a little augmentation from Rix LJ -- the Court reaffirmed that cachet is not a legal requirement and therefore dismissed the appeal, refusing permission to appeal to the Supreme Court.The injunction prohibiting Intercontinental Brands from continuing to sell its VODKAT non-vodka product will not come into force until such time as any application to the Supreme Court for permission to appeal has been dealt with.The judgment (77… [read post]
29 Jul 2010, 7:04 am
Jacob LJ also noted with approval some of the leading cases from the EPO on where the problem-solution approach could be used in such situations. [read post]
