Sentences with phrase «obiter j»

Obiter J has an interesting analysis on the riots of last summer: August 2011 Disorder ~ Judicial and Court ~ Statistics

Obiter J: The always sensible legal blogger joins cause with the Special Advocates» response and also makes a number of interesting further points, for example: «The problem is the definition of just what those «narrowly defined circumstances» are.

Not exact matches

Despite this, in Migliaccio v Migliaccio [2016] EWHC 1055 (Fam), [2016] All ER (D) 144 (May) Mostyn J took the view — for reasons he does not explain — that what McFarlane LJ said was obiter (not part of his decision - making process), and therefore not binding on him as a level (ii) judge (see Lord Neuberger's Willers v Joyce list).

In Multi-Veste 226 NI v NI Summer Row [2011] EWHC 2026 (Ch)[2011] All ER (D) 14 (Aug) Lewison J (as he then was) said obiter that a failure to comply with a notice requiring compliance within a reasonable period of time is a repudiation if an outright refusal to perform would be.

Following from the definition of client in TR5 Hildyard J commented in obiter that in a corporate context it may be that «only individuals... constituting part of the directing mind and will of the corporation can be treated for the purpose of legal advice privilege as being... the client».

The obiter indications of Cox J and Smith LJ are of interest in this area.

Given Teare J's obiter comments that he would still have set aside the order as there was a way for the information to be provided in the respondent's jurisdiction, it is advisable that means by which to obtain the information in the relevant jurisdiction are explored before a party applies for an NPO.

Teare J concluded, obiter, that even if he was found to have erred in his findings on the jurisdictional gateways, he considered that this was not a proper case in which the court should exercise its discretion and order service out of the jurisdiction due to the risk as to whether such an order would be enforceable in the UAE or indeed, consistent with UAE law.

It will be interesting to see if Mostyn J's obiter comments and guidance really do influence Judges in the coming months and years.