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24 Nov 2011, 7:51 am by Stephanie Smith, Arden Chambers.
Applying Stack and Oxley v Hiscock [2004] EWCA Civ 546, the judge at first instance accepted this contention, stating that he had to consider what was just and fair between the parties having regard to the whole course of dealing between them. [read post]
3 Dec 2023, 12:06 am by Frank Cranmer
Labour’s new Shadow Minister for Faith Keir Starmer has appointed Baroness (Maeve) Sherlock as Shadow Minister for Faith. [read post]
23 Mar 2012, 12:00 am by Isabel McArdle
JD (Congo)  and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327 The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. [read post]
27 Nov 2015, 3:25 am by Nick Armstrong, Matrix
For these reasons the Court said that the Secretary of State would likely need to redraft her guidance, and in particular the provisions for exceptionally disapplying the rule. [read post]
25 May 2012, 5:35 am by INFORRM
  Mr Lewis brought a claim for libel against  the Metropolitan Police, Baroness Buscombe and the PCC. [read post]
10 Oct 2022, 2:48 am by INFORRM
Surveillance Privacy advocates are worried about the use of surveillance technology to track women seeking abortions in US states that have banned and restricted the procedure following the Supreme Court decision which overturned Roe v Wade. [read post]
10 Nov 2010, 9:59 pm by Adam Wagner
The Royal College of Nursing & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2010] EWHC 2761 (Admin) (10 November 2010) – Read judgment The High Court has ruled that a scheme which prohibits people convicted or cautioned for certain crimes from working with children or vulnerable adults breaches human rights law. [read post]
13 Jul 2017, 9:03 am by MATHEW PURCHASE, MATRIX
The Divisional Court had little difficulty in answering the case stated in the negative. [read post]
9 Nov 2016, 7:02 am by Giles Peaker
MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of Daly and others) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of A)… [read post]
3 Aug 2008, 11:18 am
The lead judgment is by Baroness Hale, who rehearses the history of the NAA and in particular the interaction with immigration law after R v Hammersmith and Fulham London Borough Council, Ex parte M (1997) 30 HLR 10 S.21 now states: Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing: (a) residential… [read post]
30 Jan 2015, 1:27 am by John Enser
: Europe’s creative output is one of its richest resources, and those who want to enjoy it should be able to pay to do so, even when it is only sold in another Member State [but not, apparently, if it is supplied other than for sale? [read post]
As Baroness Hale DPSC said in Aintree University Hospitals NHS Foundation Trust v James [2014] AC 591 , para 35: “The authorities are all agreed that the starting point is a strong presumption that it is in a person’s best interests to stay alive. [read post]
24 Feb 2011, 4:07 pm by INFORRM
Rix LJ also referred to the distinction drawn by Baroness Hale in Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34, [2007] 1 AC 224 between “the ordinary banter and badinage of life and genuinely offensive and unacceptable behaviour”. [read post]
19 Mar 2014, 1:42 am by Rosalind Earis, 6KBW
In addressing the very nature of human rights law, Lord Reed called with approval upon the words of Lord Cooke in R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532: “The truth is, I think, that some rights are inherent and fundamental to democratic civilised society. [read post]
12 Nov 2018, 4:25 am by SAMANTHA KNIGHTS QC
Baroness Hale specifically alerted at [35] to the very real problem of discrimination against gay people before stating that this was not happened in the present case. [read post]
1 Sep 2020, 12:54 am by CMS
The court considered a number of authorities in this regard, including X and Y v The Netherlands (App no 8978/80) and KU v Finland (App no 2872/02), in which the Strasbourg court had indicated that ECHR, art 8 placed a positive obligation on states to put in place effective deterrence measures against activities which may pose a threat to fundamental values and essential aspects of the private lives of individuals, particularly children and other vulnerable persons. [read post]
21 Jun 2011, 1:00 pm by McNabb Associates, P.C.
The committee has included an understanding in the resolution of advice and consent that addresses this point (see section V below). [read post]