Supreme Court upholds right to claim against ‘malicious’ civil cases – OUT-LAW.com

Posted July 29th, 2016 in costs, malicious prosecution, news, precedent, Privy Council, Supreme Court by tracey

‘Private individuals should have the right to bring a claim against another on the grounds that that person sued them in the civil courts with “unnecessary malice”, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 27th July 2016

Source: www.out-law.com

A judge-shaming list is bad for justice – The Guardian

‘Judges shouldn’t be frightened to set precedents. A list of those that have “gone too far” – including over a Guardian freedom of information request on the Prince of Wales’s letters – risks deterring justice.’

Full story

The Guardian, 12th May 2016

Source: www.guardian.co.uk

Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

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OUT-LAW.com, 11th December 2015

Source: www.out-law.com

No appetite for scrapping Human Rights Act, says Amnesty – The Guardian

Posted November 9th, 2015 in charities, human rights, Ministry of Justice, news, precedent, statistics by sally

‘Only one in 10 people in Britain believe that scrapping the Human Rights Act should be a major government priority, according to an opinion poll conducted by Amnesty International.’

Full story

The Guardian, 8th November 2015

Source: www.guardian.co.uk

Queen intervenes to settle title feud opening way to title pretenders – Daily Telegraph

Posted October 12th, 2015 in DNA, evidence, news, peerages & dignities, precedent, Privy Council by tracey

‘DNA evidence could be used for the first time to resolve a feud over a hereditary title after the Queen personally intervened in the case.’

Full story

Daily Telegraph, 11th October 2015

Source: www.telegraph.co.uk

Syria drone strikes: UK attorney general refuses to disclose advice – The Guardian

‘The attorney general has refused to disclose his advice about the legality of RAF drone strikes in Syria, citing collective cabinet responsibility and the need for law officers to give “full and frank” opinions.’

Full story

The Guardian, 16th September 2015

Source: www.guardian.co.uk

Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
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Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

British judges not bound by European court of human rights, says Leveson – The Guardian

Posted May 26th, 2015 in courts, human rights, news, precedent, treaties by sally

‘Sir Brian Leveson, the judge most famous for his report into press ethics, has said he does not consider himself “crushed by the European jackboot” when it comes to applying the European convention of human rights in British courts.’

Full story

The Guardian, 24th May 2015

Source: www.guardian.co.uk

RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

We need to talk about Denning – Halsbury’s Law Exchange

Posted January 24th, 2014 in advocacy, judges, judgments, news, precedent by sally

‘It’s a familiar scenario to any lawyer.

You’re reading a practitioner handbook and see a case referred to that seems just a little bit odd.

You read the summary in the footnotes and can’t believe it really says that and, before you know it, you’ve been side-tracked from your original research plan into actually getting a copy of the case.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

High Court overturns current practice when calculating one-fifth rule – Litigation Futures

Posted October 29th, 2013 in costs, news, precedent, solicitors by sally

“Costs that are disallowed for want of retainer should not form part of a costs judge’s calculations in applying the one-fifth rule, the High Court has said.”

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Litigation Futures, 28th October 2013

Source: www.litigationfutures.com

Veil exposes courtroom quandary – BBC News

Posted September 13th, 2013 in courts, identification, Islam, news, pleadings, precedent, women by tracey

“Sitting in Blackfriars Crown Court in south London, I watched a very modern, multicultural dilemma. Back in August, a Muslim woman was due to appear, accused of intimidating a witness. The woman, whom the BBC isn’t naming for legal reasons, was expected to enter a plea. But Judge Peter Murphy said he could not hear that plea because he could not identify her: she was wearing a niqab, the type of black face covering worn by some Muslim women that only leaves their eyes visible.”

Full story

BBC News, 12th September 2013

Source: www.bbc.co.uk

Where the Common Law fears to tread – Speech by Lord Dyson, Master of the Rolls

Posted November 9th, 2012 in judiciary, precedent, speeches by tracey

“Where the Common Law fears to tread – Annual Lecture for ALBA 2012 by Lord Dyson, Master of the Rolls.”

Full speech

Judiciary of England and Wales, 9th November 2012

Source: www.judiciary.gov.uk

When is Supreme better than Grand? – One Inner Temple Lane

Posted November 7th, 2012 in hearsay evidence, news, precedent, Supreme Court by sally

“With its recent twin judgements of R v Riat & Others [2012] EWCA Crim 1509 and R v Ibrahim [2012] EWCA Crim 837 the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts.”

Full story

One Inner Temple Lane, 7th November 2012

Source: www.1itl.com

Supreme Court reverses CoA ruling on the legal definition of a house – The Lawyer

Posted October 11th, 2012 in appeals, housing, leases, news, precedent, Supreme Court by sally

“The Supreme Court has ended years of legal uncertainty by ruling on what constitutes a house in the contest of leasehold enfranchisement.”

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The Lawyer, 11th October 2012

Source: www.thelawyer.com

“No precedent? Then set one!” – Nicklinson right to die case – UK Human Rights Blog

Posted August 21st, 2012 in assisted suicide, defences, euthanasia, human rights, murder, news, precedent by sally

“This is Richard Dawkin’s battle cry in response to the recent High Court rejection of the challenge by locked-in sufferers to the murder and manslaughter laws in this country that have condemned them to an unknowable future of suffering.”

Full story

UK Human Rights Blog, 20th August 2012

Source: www.ukhumanrightsblog.com

Fact’s victory over Surfthechannel is a decisive blow in the copyright wars – The Guardian

“The link-sharing website’s demise at the hands of the content industry’s pitbull has set more than one precedent.”

Full story

The Guardian, 19th August 2012

Source: www.guardian.co.uk

NHS Trust rapped on knuckles for refusing to reinstate union activist – UK Human Rights Blog

“R(on the application of Yunus Bakhsh) v Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin). This fascinating short judgment explores the extent to which a judicial review claim, or a free-standing claim under the Human Rights Act, may be precluded by a statute covering the same issue.”

Full story

UK Human Rights Blog, 30th May 2012

Source: www.ukhumanrightsblog.com