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23 Mar 2012, 12:41 pm
In particular, Longmore LJ stated (at [86]) that:'The question in a case of misuse of private information is whether the information is private not whether it is true or false. [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]
1 Mar 2024, 1:11 am
En definitiva, la piedra de toque para determinar si el acto de trámite es o no cualificado a efectos impugnatorios, radica en examinar su eficacia, por si posee un eficacia inmediata y sustancial:, labor analítica que explica el criterio abierto de la doctrina casacional que se formula en los siguientes términos: La consideración de un acto de trámite o de un acto de trámite cualificado no tiene una respuesta única, válida para todos… [read post]
23 Apr 2010, 5:15 am
Lord Phillips quoted with approval the following passage from Laws LJ in Thoburn v Sunderland City Council: “We should recognise a hierarchy of Acts of Parliament: as it were ‘ordinary’ statutes and ‘constitutional’ statutes. [read post]
19 Jun 2011, 9:54 am
As Sedley LJ had previously said in the Divisional Court, “[f]reedom only to speak inoffensively is not worth having” – Redmond-Bates v DPP. [read post]
24 Feb 2010, 7:16 am
The claimants thus had not only a substantial reputation but valuable goodwill.The Court of Appeal, through Lloyd LJ's 125-paragraph leading judgment, dismissed the appeal on all grounds.Right: after inspecting both sets of Cipriani premises, the IPKat agreed how confusingly similar their names sounded after a drink or two ...In doing so, it also had this to say about the protection of well-known trade marks under Article 6bis of the Paris Convention on the protection of Industrial… [read post]
13 Sep 2011, 10:55 pm
The family courts are often perceived as ‘secretive’ or aloof; Munby LJ has made excellent arguments for greater transparency far more eloquently than I could hope to do in this speech (pdf) Conclusions of the FCIP report It was felt by many that children would benefit from having a written judgment to refer back to in later life, to understand the reasons for decisions that were made about them by the courts. [read post]
26 Mar 2010, 8:20 am
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]
14 Feb 2011, 10:44 pm
Similar points were made in the decision of Rose LJ and Scott Baker J in R v Secretary of State for Foreign and Commonwealth Affairs Ex p World Development Movement [1995] 1 WLR 386, in which the World Development Movement was permitted to challenge a decision not to give assurance that the UK would provide no further funds for a hydro-electric power station outside the jurisdiction. [read post]
31 Oct 2016, 8:35 am
However, Goldring LJ advised that “for article 6 to be engaged the disregard of a person’s article 6 rights must be flagrant“, noting that “the test is a very high one“. [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]
14 Jan 2010, 3:58 pm
Jackson LJ notes that housing law is a hideously complicated mess (my paraphrase), that this is likely to push up litigation costs, and that the Government proposes to do nothing about it, despite the best efforts of the Law Commission. [read post]
13 Feb 2019, 4:07 pm
However, the judge went on to note the remarks of Mustill LJ in Viscount de L’Isle v Times Newspapers Ltd [1988] 1 WLR 49, 58C-D: “defendant is not yet permitted to set out in his defence what he contends the words complained of mean, although I respectfully agree with the editors of Duncan and Neill on Defamation, 2nd ed. (1983), p. 53, para. 11.11, where they suggest that this rule needs re-examination”. [read post]
14 Jan 2010, 11:15 pm
But as Sedley LJ commented, ‘… the desire for vengeance on the lawyers acting for an estranged spouse is as common as it is irrational. [read post]
11 Sep 2012, 9:03 pm
Tribe, “The Supreme Court, 1972 Term – Foreword: Toward a Model of Roles in the Due Process of Life and Law,” Harvard LR 87 (1973): 1, 6-7, 12-13 & n. 69; Jed Rubenfeld, “The Anti-Antidiscrimination Agenda,” Yale LJ 111(2002): 1141, 1146-47. [read post]
15 Jul 2024, 3:04 am
And cites with approval Laws LJ in Alker v Collingwood Housing Association Ltd (2007) EWCA Civ 343 “I do not think that a covenant to maintain comes any closer to a covenant to make safe than does a covenant to repair. [read post]
6 Oct 2024, 11:30 am
On the service of a GSC within 12 months of the previous one, the comments by Patten LJ in Trecarrell to the effect that this was not a requirement for service of a section 21 notice were found not to be obiter, but to decide the point conclusively. [read post]
2 Jun 2013, 12:56 am
Antismoking mass media campaigns can help reduce the prevalence of smoking by discouraging young persons from initiating smoking and by encouraging current smokers to quit (1,2). [read post]
13 Sep 2015, 12:43 pm
Outside of a Dog #5 Outside of a Dog is an irregular, and sometimes satiric, series that features publishing wisdom from a variety of classic and contemporary sources. [read post]
28 Oct 2016, 6:03 pm
Several weeks before her death, I watched Bonnie Foreman laughing and joking as she downloaded a pirated copy of my book, The Copyright Permission and Libel Handbook: The Cursed Edition. [read post]
