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28 Jul 2016, 8:36 am by Dan Tench and Lucy Hayes, Olswang LLP
This is relevant to the judgment in Patel v Mirza (which had not been released at the date of our interview) relating to illegality: “The whole issue of how the Courts approach illegality as a defence to claims in contract and tort has been, to a degree, shaped by the Law Commission’s work on that area of law. [read post]
9 Jun 2016, 9:05 am
The most frequently-quoted example of the limitation upon the Freedom of Speech is the quote from Justice Oliver Wendell Holmes in his 1919 written opinion in Schenck v. [read post]
6 Jun 2016, 9:23 am
 Neither does the status of the owner (living v. not living). [read post]
15 Apr 2016, 4:50 am by Graham Smith
(Lord Bingham, A-G’s Ref (No 5 of 2002), 2004) "this impenetrable statute … one of the most complex and unsatisfactory statutes currently in force. [read post]
15 Apr 2016, 4:50 am by Graham Smith
(Lord Bingham, A-G’s Ref (No 5 of 2002), 2004) "this impenetrable statute … one of the most complex and unsatisfactory statutes currently in force. [read post]
15 Apr 2016, 4:50 am by Graham Smith
(Lord Bingham, A-G’s Ref (No 5 of 2002), 2004) "this impenetrable statute … one of the most complex and unsatisfactory statutes currently in force. [read post]
8 Mar 2016, 7:49 am by Ron Coleman
As Rebecca explained: The [McNeil Nutritionals, LLC v. [read post]
17 Feb 2016, 4:40 pm by INFORRM
His passion and enthusiasm for his subject caused him to, so to speak, “lose the run of himself” [20] The Handyside freedom of expression test, as applied by Lord Bingham in Director of Public Prosecution v Collins [2006], was whether the defendant, in exercising his right to say things or express opinions which offended, shocked or disturbed one or more sectors of the population, use language which was “BEYOND THE PALE” of what was intolerable in… [read post]
14 Feb 2016, 2:47 am by INFORRM
The decision of the Court of Appeal in Incedal ([2016] EWCA Crim 11) is profoundly important for open justice and the public understanding of the security threats faced by our communities and for the accountability of those tasked with combatting security threats. [read post]
11 Jan 2016, 10:00 am by Dan Ernst
Second, the framers of the Civil Rights Act sought to enforce the “privileges and immunities of citizens in the several states” protected under Article IV and described in the antebellum case Corfield v. [read post]
Lord Bingham: an immense voice of authority who came traditionally last in the discussions we have immediately after every hearing; his voice could often sway all previous opinions. [read post]
24 Aug 2015, 1:30 am by Matrix Legal Information Team
It relied on the judgment of Lord Bingham in Attorney General’s Reference (No 2 of 2001) [2003] UKHL 68, which had stated that time generally runs from the point at which a person is charged or summoned. [read post]