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24 May 2007, 2:54 am
Tax statute is not discriminatory Boake Allen Ltd. v. [read post]
11 Oct 2022, 1:01 am
The Lord Advocate states he has this in writing which can be provided to the Court (along with any further relevant background info). [read post]
25 Nov 2021, 6:00 am
So I think on this I would adopt the words of Chief Justice Holt, in the great case of Coggs v Barnard in 1703, when he said: “I have stirred these points, which wiser heads in time may settle. [read post]
29 Mar 2008, 5:28 pm
Simpson v. [read post]
27 Oct 2018, 7:52 am
Yet since Lord Hain chose to breach the court injunction issued by the Court of Appeal in ABC v Telegraph Group plc by hiding behind Parliamentary privilege, this is exactly what the public does not get to do. [read post]
13 Dec 2010, 11:07 am
Lords Hope, Rodger and Walker, Lady Hale and Lord Brown will consider whether the condition attached to claiming a state pension credit, of the right of [...] [read post]
29 Nov 2018, 4:46 am
Lord Hoffman’s last judgment, in the 2009 case of Chartbrook Limited v Persimmon Homes Limited has caused all sorts of difficulty in what was previously a fairly settled area of law. [read post]
20 Nov 2012, 10:25 am
In 1964 the US Supreme Court as New York Times Co v Sullivan (1964) 376 U.S. 254 recognised that the First Amendment applied to state laws on defamation. [read post]
19 Nov 2008, 10:04 am
E v Chief Constable of the Royal Ulster Constabulary and Another House of Lords “The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. [read post]
5 Mar 2010, 10:00 am
Norris v United States [2010] UKSC 9 SC (Lord Phillips, Lord Hope, Lord Rodger, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Collins, Lord Kerr) 24 February 2010 In determining whether interference with an individual’s right to a family life was justified to achieve the aim of extradition, the court should not consider whether the circumstances were exceptional but should consider whether the… [read post]
21 Dec 2017, 2:58 am
Issue 2, emanation of State of Iraq SOMO did not pursue its argument that it was entitled to state immunity as an emanation of the State of Iraq or because it was exercising sovereign authority Issue 3, identification of the creditor By a majority of 3:2, the Supreme Court held that the creditor under the letters of credit was SOMO alone: Lords Clarke (paras 19 to 26), Lord Sumption (paras 61 to 65) and Lord Hodge (paras 74 to 78) accepted… [read post]
2 Jul 2021, 4:27 am
As neither of the third parties had dealt with the Secretary of State, the claim could only succeed if the court said that the dealing requirement did not form part of the ratio of OBG or departed from that case (which, incidentally, was one of three cases dealt with together by the House of Lords, one of the others being better-known to IP lawyers: Douglas v Hello!). [read post]
7 Jun 2023, 9:24 am
From Lord v. [read post]
20 May 2007, 5:31 am
Last Thursday evening I attended an excellent seminar, arranged by my Local Law Society, upon the property rights of unmarried couples in the light of the House of Lords' decision in Stack v Dowden. [read post]
19 Mar 2011, 8:21 am
The Supreme Court recently delivered judgment in the case of Patmalniece (FC) v SoS for Work and Pensions. [read post]
31 Jul 2008, 8:55 am
Regina (Corner House Research and Another) v Director of the Serious Fraud Office House of Lords “Where he took the view that protecting the lives of British citizens outweighed the public interest in pursuing an investigation into allegations of corruption, the Director of the Serious Fraud Office had been entitled to exercise his discretion to discontinue the corruption investigation following threats by a foreign state as to consequences affecting national… [read post]
26 Nov 2014, 5:22 am
In R v Gul [2013] UKSC 64, an appeal concerning other aspects of the anti-terrorism regime, the Court stated that “detention of the kind provided for in the Schedule represents the possibility of serious invasions of personal liberty”: [64]. [read post]
28 Jun 2010, 9:54 am
It lists, as Lord Nicholls did in Reynolds v Times Newspapers Ltd (1999), factors to be taken into account by the court when deciding whether a defendant has acted responsibly, but as several cases in the lower courts have shown, judges may be encouraged to view these as tripwires for defendants. [read post]
29 Nov 2018, 9:05 am
On Monday and Tuesday, the 3 and 4 December 2018, the Supreme Court (Lady Hale, Lord Reed, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, and Lord Lloyd-Jones) will hear Privacy International’s appeal (UKSC 2018/0004) against the Court of Appeal’s decision in R (Privacy International) v Investigatory Powers Tribunal ([2017] EWCA Civ 1868; [2018] 1 WLR 2572), which found that the Regulation of Investigatory Powers Act… [read post]
14 Jun 2012, 9:39 am
Lotto for Blotto : Ex Lord Advocate Elish Angiolini clears Alex Salmond ALEX SALMOND, Scotland’s First Minister has been cleared of any wrongdoing in hosting events at Bute House which included meetings with Scots Euromillions Lotto winners Colin & Chris Weir who have stated they will donate substantial sums to the SNP’s independence referendum. [read post]