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1 Oct 2023, 6:30 am
In the recent UK Supreme Court decision O (a minor), R (on the application of v Secretary of State for the Home Department [2022] UKSC 3, Lord Hodge provided a pithy statement of the approach of the courts in that jurisdiction. [read post]
23 Sep 2023, 8:20 am
Levelling Up and Regeneration Bill The Levelling Up and Regeneration Bill was read the third time in the House of Lords on Thursday. [read post]
10 Sep 2023, 3:00 am
The substantive law of the State of Florida shall govern this Agreement. [read post]
7 Sep 2023, 1:17 pm
In S.B.B. v. [read post]
5 Sep 2023, 12:33 am
’[12] The Court of Appeal have stated that ‘where children are affected the state is subject to an obligation to relieve poverty if “necessary to allow family life to continue. [read post]
3 Sep 2023, 4:43 pm
On 4 August 2023, the Court of Appeal handed down judgment in National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department & Anor [2023] EWCA Civ 926. [read post]
2 Sep 2023, 11:21 pm
The most recent example is the Grand Chamber case of S, V and A v Denmark [GC], nos. 35553/12 and 2 others, 22 October 2018. [read post]
24 Aug 2023, 7:04 pm
State Rifle & Pistol Ass'n v. [read post]
24 Aug 2023, 2:50 pm
Early in the eighteenth century, Lord Chief Justice Holt stated that hatred and malice are "distinct passions of the mind. [read post]
23 Aug 2023, 7:45 pm
[ii] But one also speaks to the relationship between a domus and its dominus—its lord, master, owner, or overseer (perhaps captured by the old term 掌握 (Zhǎngwò) with its sense of also understanding things and making use of them). [read post]
17 Aug 2023, 6:37 am
One such decision was that in Mimo Connect v Buley & Ors, which ended up in the Court of Appeal a month ago with the decision of Lord Justice Bean (giving Judgment of the Court) handed down two weeks ago ([2023] EWCA Civ 909).BackgroundAs she said in the last post, trade secrets cases are full of facts, so buckle in. [read post]
16 Aug 2023, 4:55 pm
Resolving the conflict Mostyn J had taken the view in EBK v DLO (above) at [101] that “if a defendant in proceedings governed by FPR Part 37 or COPR Part 21 is found to have committed a contempt then that defendant must be named in open court and in general terms the court must state what is the nature of the contempt of court and what punishment, if any, has been imposed. [read post]
16 Aug 2023, 4:00 am
She previously authored The Legal History of the Presidential Management Fellows Program and Hansberry v. [read post]
15 Aug 2023, 12:50 am
The full document is available here and our summary is here, and reflects the leading judgment of Lord Bingham (at 21) and the comments of Lord Hope (at 49) in Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148. [read post]
12 Aug 2023, 11:41 pm
Athwal v State of Queensland [2023] QCA 156 considered the constitutionality of the prohibition under Queensland’s Weapons Act 1990 on bringing a kirpan into a school. [read post]
11 Aug 2023, 8:40 am
Following the case of Giles v Rhind (No 2) [2008] EWCA Civ 118 (“Giles v Rhind”), Mr Justice Jay found that s 32(2) LA 1980 should be interpreted more widely, so as to cover “legal wrongdoing of any kind, giving rise to a right of action”. [read post]
10 Aug 2023, 7:41 am
Lord Reed, Lord Leggatt and Lord Stephens agreed. [read post]
8 Aug 2023, 1:00 am
Accordingly, as recently summarised by Lord Justice Arnold, the three key considerations for claim interpretation in the UK are 1) the wording of the claim, 2) the context provided by the specification and 3) the inventor’s purpose (InterDigital v Lenovo [2023] EWCA Civ 105). [read post]
7 Aug 2023, 4:01 pm
Last year, former Secretary of State for Justice Dominic Raab made changes to the Parole Board rules which prevented Prison and Probation staff from providing the Parole Board with recommendations regarding the release of imprisoned persons, However, it was held to be unlawful and reversed following its High Court challenge, R v Bailey. [read post]
6 Aug 2023, 10:00 pm
It’s not for nothing that Lord Acton’s comment in his 1887 letter to Bishop Creighton was ‘Power tends to corrupt, and absolute power corrupts absolutely’. [read post]
