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2 Mar 2015, 2:43 pm
Note the headline assertion that British business is failing to protect innovation, then read on, says Jeremy.* Dutch Minister trumps Court of Appeal ruling, reasserts EPO immunityFollowing to the last events of the battle over the European Patent Office's governance, the Dutch Minister of Justice intervened with regard to the EPO's immunity from execution of court orders under international law, Merpel recounts.* BREAKING NEWS: CJEU says that Member States are free to determine… [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]
19 Dec 2014, 9:04 am by Katharine Alexander, Olswang LLP
In the interview, Lady Hale also stated her view on prenuptial agreements and stuck by her decision from Radmacher v Granatino in 2010 in which she was the only judge out of the nine-judge panel to oppose enforcing the prenuptial agreement which was the subject matter of the case. [read post]
29 Oct 2014, 4:23 pm by Lucy Reed
See for example Campbell v MGN Ltd [2004] UKHL 22, pa 132, where Baroness Hale sums it up: “The 1998 Act does not create any new cause of action between private persons. [read post]
1 Sep 2014, 12:49 am by Giles Peaker
See paragraph 13(a) of my decision in RJ v Secretary of State for Work and Pensions [2012] AACR 28. [read post]
30 Jun 2014, 3:09 pm by Giles Peaker
Baroness Hale gave the leading speech, with which the other members of the Appellate Committee agreed. [read post]
16 Jun 2014, 1:26 am by Dave
 Baroness Hale in Birmingham CC v Ali [2009] UKHL 36 – a case which, imho, can be made to say what you want it to say – said at [65], “There may come a case in which we should re-examine the circumstances in which a finding of intentional homelessness ceases to colour all future decisions under the Act but there is no need for us to do so now”. [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]
18 Nov 2013, 2:47 am by Dr Jeremias Prassl
Wider Implications The proceedings in Hook v British Airways and Stott v Thomas Cook have already attracted significant attention from the Equality and Human Rights Commission; with the Secretary of State acting as a further intervener. [read post]
10 Jun 2013, 2:06 pm by familoo
As Justice McReynolds famously said in Pierce v Society of Sisters 268 US 510 (1925), at 535, “The child is not the mere creature of the State”. [read post]
20 May 2013, 5:23 am by S
In R (M) v Slough BC [2008] UKHL 52 Baroness Hale held that “care and attention” meant “looking after” someone and “looking after” meant doing something for the person being cared for which he cannot or should not be expected to do for himself.SL had attempted suicide in 2009 after he had become homeless. [read post]
20 May 2013, 5:23 am by S
In R (M) v Slough BC [2008] UKHL 52 Baroness Hale held that “care and attention” meant “looking after” someone and “looking after” meant doing something for the person being cared for which he cannot or should not be expected to do for himself.SL had attempted suicide in 2009 after he had become homeless. [read post]
29 Apr 2013, 9:36 am by INFORRM
As reported by the Inquirer, a state appeals court “upheld the proposition that German privacy laws don’t apply to Facebook, and ruled that the Office of the Data Protection Commissioner (ULD) for the German state of Schleswig-Holstein has to accept that“. [read post]
10 Feb 2013, 4:05 pm by INFORRM
Lord Puttnam said: “The amendments in my name and the names of the noble and learned Lord, Lord Mackay, the noble Baroness, Lady Boothroyd, and the noble and learned Baroness, Lady Scotland, do exactly what they say on the tin. [read post]
13 Jan 2013, 4:09 pm by INFORRM
Discussion, research & resources Text and video from Baroness Onora O’Neill’s speech at UCL, 28 November 2011 – “Media Freedoms & Media Standards”. 5RB has uploaded its 1000th case report to its website case library. [read post]
3 Jan 2013, 12:48 am by David Smith
Lewiston LJ, highlighted that Stack was, as Baroness Hale stated, and unusual case in that the couple had gone to great lengths to keep their finances separate. [read post]
3 Jan 2013, 12:48 am by David Smith
Lewiston LJ, highlighted that Stack was, as Baroness Hale stated, and unusual case in that the couple had gone to great lengths to keep their finances separate. [read post]
19 Dec 2012, 12:31 am by INFORRM
” In assessing the adequacy of these redaction, the Court of Appeal considered this point from the judgment of Baroness Hale in ZH (Tanzania) v Secretary of State for the Home Department ([2011] UKSC 4): “In making the proportionality assessment under article 8, the best interests of the child must be a primary consideration. [read post]