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25 Oct 2023, 10:26 pm
The relevant principles, both at common law and under Article 9, had been set out by Munby LJ in Re G (Education Religious Upbringing) [2013] 1 FLR 677 at [20-51]. [read post]
20 May 2012, 5:17 pm
While thirteen people were arrested for a range of offences, the police believed that another 15 or 20 participated in the violence but had not been identified. [read post]
4 Jul 2011, 8:53 am
However Laws LJ went on to hold that the Upper Tribunal was in fact “the alter ego” of the High Court. [read post]
6 Jul 2015, 6:34 am
He thought that the use by Laws LJ of REP as a safeguard against the overuse of Article 8 in R (Wood) v Commissioner of Police [2010] 1 WLR 123 was based on a misreading of Von Hannover (No 1). [read post]
3 Jul 2015, 4:40 pm
He preferred the approach of Richards LJ in R (C) who had also thought Wood was over-rigid and had been overtaken by Strasbourg database cases (such as Marper v UK) in which REP was not used as a litmus. [read post]
8 Dec 2007, 2:31 am
Trust is implemented by each individual through LJ filters, but usually not expressed to others; even the people on a journaler's filter can't see who else is on it with them - it's a blogging BCC.) [read post]
19 Mar 2023, 12:56 pm
Cotton LJ, at p 94, rejected the notion that something can be a nuisance “because it does harm to some particular trade in the adjoining property, although it would not prejudicially affect any ordinary trade carried on there, and does not interfere with the ordinary enjoyment of life. [read post]
14 Aug 2012, 2:56 am
Rule No (1) may not make for tidy law, but the slightly non-rigid nature of passing off is what makes it so useful (and – dare the AdvoKat say it – interesting). [read post]
2 Jul 2017, 4:03 pm
Brighton’s Argus newspaper breached the Editors’ Code with a story which claimed the local council evicted homeless people from tents on New Year’s Day. [read post]
28 Aug 2013, 4:33 am
In 2009, UNHCR estimated that there were as many as 12 million stateless people in the world. [read post]
15 Jan 2013, 6:27 am
Legally what’s interesting about this is that Leveson LJ recommended (see page 315) that the law should place an explicit duty on ministers to uphold the freedom of the press. [read post]
23 May 2012, 6:37 am
The role of the “Jurats” is interesting more generally. [read post]
8 Dec 2008, 2:48 am
By the time most people find us findings of facts have been made. [read post]
25 Jun 2017, 4:11 pm
Internet and Social Media Google is to remove private medical records from search results after people request action. [read post]
28 Jul 2018, 3:27 pm
One is of particular interest – a guidance note about adoption celebrations. [read post]
20 Mar 2012, 5:29 pm
Put the other way round, no journalist can write anything interesting if all they are fed with is governmental press releases. [read post]
19 May 2019, 4:15 pm
In relation to the “public interest” defence, they found that the statements complained of were not on matters of public interest [50] to [58] and, moreover, that the defendant had not made out a reasonable belief that this was the case [64] to [84]. [read post]
4 Oct 2023, 4:30 pm
… The purpose of the law of defamation is to enable a person to obtain a remedy if their reputation has been unjustifiably diminished by a statement published to one or more other people. [read post]
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]
4 Aug 2007, 3:17 am
” At Paragraph 14 in the judgment Moore-Bick LJ states: “I agree with Mr. [read post]
