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31 Oct 2016, 8:35 am by Charlotte Bamford
Particular regard was given to the case of Soering v United Kingdom (1989) 11 EHRR 439, where it was held that allowing an extradition of a party to the United States would constitute a violation of that person’s Article 3 rights, as he would be exposed to the risk of the application of the death penalty as a direct consequence of the extradition. [read post]
6 Dec 2016, 1:45 am by Blog Editorial
  Lord Pannick QC says it is no answer for the Government to say that the long title to the 1972 Act “says nothing about withdrawal“. 16:04: Lord Pannick QC refers to the case of Robinson v Secretary of State for Northern Ireland, which he submits supports a “flexible response” to constitutional developments. [read post]
1 Jul 2018, 11:30 pm
Full story: Ministry of Justice.Three new appointments to the UK's top appeal courtLady Justice Arden DBE and Lord Justice Kitchin will join the Supreme Court of the United Kingdom as Justices on 1 October 2018, followed by Lord Justice Sales on 11 January 2019, it was announced today. [read post]
30 Nov 2015, 1:00 pm by Thomas G. Heintzman
The recent judgment of the Supreme Court of the United Kingdom in Cavendish Square Holding BV v Talal El Makdessi is a must-read for anyone involved in contract law. [read post]
7 Feb 2019, 4:47 pm by INFORRM
A law which confers a discretion is not in itself inconsistent with this requirement, provided the scope of the discretion and the manner of its exercise are indicated with sufficient clarity to give the individual protection against interference which is arbitrary: Goodwin v United Kingdom (1996) 22 EHRR 123 , para 31; Sorvisto v Finland , para 112. [read post]
3 Apr 2012, 9:46 am by Daniel West, Olswang LLP
It is however an established principle of Strasbourg jurisprudence that such a right does not extend so far as to impose a positive obligation on public authorities to disclose or distribute information (see Leander v Sweden (1987) 9 EHRR 433 or Roche v United Kingdom (2005) 42 EHRR 599). [read post]
11 Nov 2012, 10:28 pm by Laura Sandwell
Starting on Monday 12 November 2012 and running for four days is the appeal of Imperial Tobacco Ltd v The Lord Advocate. [read post]
12 Dec 2017, 5:00 am by Amanda L. Tyler
On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. [read post]
22 Mar 2011, 12:33 pm by Christopher Brown, Matrix.
It was not because nationals other Member States may qualify for the Credit in question (Lord Hope, giving the main judgment, states in terms that “had a right to reside in the United Kingdom…been the sole condition of entitlement to state pension credit, it would without doubt have been directly discriminatory on grounds of nationality”: para 26); it was because not all UK nationals would be able to meet the test of habitual residence (“some UK… [read post]
4 Feb 2014, 5:15 pm by Clif Burns
ABOVE: Fourth Circuit Court of Appeals The Fourth Circuit recently handed down a decision in United States v. [read post]
28 May 2012, 11:38 am by Poppy Weston-Davies, Olswang LLP
In answering the issues, the Court of Appeal relied upon the (minority) judgment of Lord Hoffman in Cambridge Gas Transportation Corporation v Official Committee of Unsecured Creditors of Navigator Holdings [2006] UKPC 26, and Re HIH Casualty and General Insurance Ltd [2008] UKHL 21, finding that foreign court proceedings could in fact be recognised in this case under the Model Law. [read post]