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15 Mar 2018, 4:27 am
In other words, the question was whether the judgment of Gage LJ in Tetteh v Kingston Upon Thames Royal London Borough Council [2004] EWCA Civ 1775 survived Hotak; ie that it remained correct in asserting that a review decision had to be read as a whole and that there was no reason for the reviewer to go further than stating the test and the overall finding. [read post]
27 Feb 2024, 12:50 am
The shipowners issued bills of lading which were stated to incorporate the terms of the voyage charterparty. [read post]
21 May 2012, 7:50 am
They based their claim on Article 3 but relied by analogy on the high duty to investigate that arose under article 2 of the ECHR when a suicide had occurred as illustrated in R(Amin) v Secretary of State for the Home Office [2003] and in R (L (A Patient)) v Secretary of State for Justice [2009] AC 588. [read post]
18 Feb 2009, 4:04 am
However, the Syndicate pointed out that that notional responsibility was not stated on the face of the 1886 Act. [read post]
5 Aug 2010, 3:04 am
Lord Justice Longmore, giving the leading judgment, stated that, in any event, it is sufficient for a defendant to show that he would be deprived of the time-bar defence if service of the claim form was extended; (ii) in respect of the second ground, none of the relevant case law had been to the judge's attention. [read post]
7 Jun 2017, 8:54 am
The law on added matter was not disputed, having been recently reviewed by Floyd LJ (with Longmore LJ and Lewison LJ both in agreement) in AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 (reported on by this blog here). [read post]
30 Apr 2019, 4:57 pm
Tinkler v Ferguson, heard 3 April 2019 (Longmore, Sharp and Bean LJJ) [read post]
29 Jun 2015, 9:36 am
In the brand-new Court of Appeal decision just out - Actavis UK Ltd & Others v Eli Lilly & Company [2015] EWCA Civ 555 (25 June 2015), Lord Justice Floyd (Lords Justices Kitchin and Longmore concurring) disagreed with Arnold J on two main issues. [read post]
8 Nov 2011, 11:32 am
Lord Clarke repeated a useful quotation of Longmore LJ from Barclays Bank plc v HHY Luxembourg SARL [2010] EWCA Civ 1248: “If a clause is capable of two meanings…it is quite possible that neither meaning will flout common sense. [read post]
30 Jan 2014, 4:47 am
Although the Court of Appeal never suggests this analysis, the case invites comparison with sufficiency cases in which the principle of an inventive concept derived from the specification can have a general application across a claim.This Kat notices that the composition of the Court of Appeal again yokes together two specialist intellectual property judges (Lords Justices Floyd and Lewison) in the panel of three (the other member of the court being Lord Justice Longmore), and that both… [read post]
10 Jun 2011, 12:21 am
Lord Justice Aiken, delivering the unanimous verdict of the Court, which included Lord Justice Longmore who delivered the leading judgment in AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551, dismissed the appeal. [read post]
28 Mar 2018, 8:14 am
As the the Court themselves stated:"We are conscious that in so deciding we are arriving at a conclusion which is different from that of an experienced patent judge. [read post]
4 Dec 2008, 11:54 pm
Barnet raised G v Southwark [2008] EWCA Civ 877, (NL note here), in particular Longmore LJ’s statement that: The truth is that Southwark have decided that G is a resourceful teenager who is capable of sourcing accommodation provided that he is given assistance to do so. [read post]
20 Feb 2015, 4:57 am
However, distinguishing the present case from the leading case of Osman v UK (1998) 29 EHRR 245, Lord Justice Longmore held that the claim for a breach of the ECHR, art 2 should go to trial. [read post]
19 May 2019, 4:15 pm
On the same day the Court of Appeal (Longmore, Sharp and Bean LJJ) handed down judgment in the case of Tinkler v Ferguson [2019] EWCA Civ 819. [read post]
26 Apr 2015, 4:36 pm
Judgments The following reserved judgment in media law cases are outstanding: OPO v MLA, heard 19 and 20 January 2015 (UK Supreme Court) Murray v Associated Newspapers, heard 21 January 2015 (Longmore, Ryder and Sharp LJJ) Various Claimants v MGN, heard 9-13, 18, 24-25 March 2015 (Mann J). [read post]
6 Oct 2010, 2:49 pm
It was incorrect to state that Ms McKennitt did not claim that the contents of the book were untrue. [read post]
29 Mar 2015, 4:02 pm
Judgments The following reserved judgment in media law cases are outstanding: OPO v MLA, heard 19 and 20 January 2015 (UK Supreme Court) Murray v Associated Newspapers, heard 21 January 2015 (Longmore, Ryder and Sharp LJJ) Coulson v Wilby heard 6 March 2015 (Warby J). [read post]
12 Feb 2013, 9:34 am
Nor did the agreement contain a term stating its minimum duration of the agreement or state a total charge for credit nor set out a term stating the APR.HHJ Mackie QC noted that Barons Finance’s standard form – of which this was one – had already been found by Longmore LJ (in the case of the Olubisi [2011] EWCA Civ 1461 (another permission application)) not to comply with the Act for the same reasons.2) The agreement was not an exempt agreement… [read post]
12 Feb 2013, 9:34 am
Nor did the agreement contain a term stating its minimum duration of the agreement or state a total charge for credit nor set out a term stating the APR.HHJ Mackie QC noted that Barons Finance’s standard form – of which this was one – had already been found by Longmore LJ (in the case of the Olubisi [2011] EWCA Civ 1461 (another permission application)) not to comply with the Act for the same reasons.2) The agreement was not an exempt agreement… [read post]
