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12 Apr 2010, 9:34 am by chief
Regular readers will recall that blanket policies are not to be encouraged (those with a need for more citable authority should see something like Lord Browne-Wilkinson in R v SSHD ex p Venables). [read post]
12 Apr 2010, 9:34 am by chief
Regular readers will recall that blanket policies are not to be encouraged (those with a need for more citable authority should see something like Lord Browne-Wilkinson in R v SSHD ex p Venables). [read post]
2 Apr 2010, 7:24 am by Rosalind English
 Lord Browne Wilkinson said, in X (Minors), that it was not permissible for a court to impose a common law duty of care where this would be “inconsistent with, or have a tendency to discourage, the due performance by the local authority of its statutory duties”(op cit, oara 739). [read post]
11 Dec 2023, 1:52 am by INFORRM
Network Ten and Wilkinson are defending the case. [read post]
28 Mar 2015, 5:41 pm by INFORRM
As Lord Browne-Wilkinson said in R v Secretary of State for the Home Department, Ex p Pierson [1998] AC 539: A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power which adversely affect the legal rights of the citizen or the basic principles on which the law of the United Kingdom is based unless the statute conferring the power makes it clear that such was the intention of Parliament. [read post]
24 Aug 2011, 2:56 am
Insofar as the question of fiduciary duties was concerned, the Court relied on the classic paragraph in White v Jones [1995] 2 AC 207 where Lord Browne-Wilkinson explains how fiduciary duties arise: “The paradigm of the circumstances in which equity will find a fiduciary relationship is where one party, A, has assumed to act in relation to the property or affairs of another, B. [read post]
15 Nov 2017, 4:09 pm by INFORRM
That is the nature of pluralism in a democratic society but it tends to show that, on this topic (and in the words of Browne-Wilkinson V-C in Stephens), there is no “generally accepted code of sexual morality”. [read post]
27 Oct 2018, 7:52 am by INFORRM
The first is to interpret the concept of freedom of speech according to its origins, which was, as Lord Browne-Wilkinson put it in Pepper v Hart ‘to discuss what they [Parliament], as opposed to the monarch, chose to have discussed’ (p 638). [read post]
1 Nov 2018, 6:52 pm by INFORRM
Furthermore, Lord Browne-Wilkinson in Pepper v Hart said that Article IX was ‘a provision of the highest constitutional importance’ which ‘should not be narrowly construed’. [read post]
3 Apr 2024, 7:01 pm by Stephen Halbrook
Judge Harvie Wilkinson, who in 2009 called Heller a form of "judicial activism" akin to Roe v. [read post]
3 Apr 2011, 12:02 pm by NL
The respondent's skeleton argument cites in support of that proposition R v Gloucestershire County Council ex p Barry [1997] AC 584, esp at 604E-F and 605 (Lord Nicholls), R v East Sussex County Council ex p Tandy [1997] AC 714, esp at 747B (Lord Browne-Wilkinson), and Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39, at [4] -[6] (Lord Hope). [57] And finally, Bury v Gibbons was a case in which the Authority had simply ignored a request for… [read post]
3 Apr 2011, 12:02 pm by NL
The respondent's skeleton argument cites in support of that proposition R v Gloucestershire County Council ex p Barry [1997] AC 584, esp at 604E-F and 605 (Lord Nicholls), R v East Sussex County Council ex p Tandy [1997] AC 714, esp at 747B (Lord Browne-Wilkinson), and Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39, at [4] -[6] (Lord Hope). [57] And finally, Bury v Gibbons was a case in which the Authority had simply ignored a request for… [read post]
30 Jun 2023, 3:28 pm by Amy Howe
The other cases (in addition to Rahimi) in which the court granted review are: Wilkinson v. [read post]