Search for: "State v. Longmore"
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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]
26 Feb 2013, 4:03 pm
His decision was upheld on appeal with both Buxton LJ and Longmore LJ paying tribute to his ‘careful and correct’ judgment and his handling of the case. [read post]
22 Feb 2013, 3:59 am
Kitchin LJ giving the leading judgment, with which Moses LJ and Longmore LJ agreed in the traditional formula, analysed each criticism of the judge's findings, and in each case upheld the first instance judgment. [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]
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]
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]
8 Dec 2011, 8:39 pm
In AEI Ltd v Phonographic Performance Limited [1999] 1 WLR 1507, Lord Woolf MR stated: “…it is no longer necessary for a party to have acted unreasonably or improperly to be deprived of his costs of a particular issue on which he has failed. [read post]
3 Dec 2011, 7:00 pm
Rainy Sky S.A. v. [read post]
3 Dec 2011, 6:51 pm
Rainy Sky S.A. v. [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]
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]
24 May 2011, 10:55 pm
The Court held that: Decisions weighing the public interest in deportation against the private interest of the appellant and his family in his private and family life are often difficult and cannot easily be categorised as perverse” [§23] Lord Justice Longmore referred to MA (Somalia) v SSHD [2010] UKSC 49 when the Supreme Court reminded the Court of Appeal that it: should not be astute to characterise as an error of law what is no more than a… [read post]
4 Nov 2010, 9:54 pm
” • Referring to this judgment Longmore LJ, in Summit Property Ltd v Pitmans (A Firm) [2001] EWCA Civ 2020, at paragraph 16, approved this view and went further: “In my judgment, it is also no longer necessary for a party to have acted unreasonably or improperly before he can be required to pay the costs of the other party of a particular issue on which he (the first party) has failed. [read post]
25 Oct 2010, 10:45 pm
Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140 – Read judgment This appeal raises interesting questions about the approach the courts should take when considering whether detention pending deportation is legal in a case involving an ex-convict with serious psychiatric illness. [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]
1 Oct 2010, 7:17 am
Buxton LJ, with whom Latham and Longmore LJJ agreed, stated that:- “The width of the rights given to the media by A v. [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]
14 Jul 2010, 10:32 am
Meanwhile Longmore LJ stated 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]
17 Jun 2010, 3:41 pm
If we consider the ruling of Longmore LJ in the Court of Appeal decision in UK Housing Alliance v Francis (which we discussed here) he states that the Act contains a "pervading reference to money 'paid' by the tenant to the landlord, 'received' by the landlord and 'repayable' by the landlord to the tenant". [read post]
