Sentences with phrase «p giving the judgment»

Not exact matches

In Mubarak v Mubarak [2001] 1 FLR 698, [2000] All ER (D) 2302 the first post-Human Rights Act 1998 case on this jurisdiction (and see «Enforcement matters», David Burrows, 159 NLJ 7368, p 653), Brooke LJ emphasised the importance that the respondent, who faces what amounts to a criminal charge (see Engel and Others v The Netherlands (No 1)(1979) 1 EHRR 647), should know the case against him or her (ie McFarlane LJ's list: (a) and (b)-RRB-: «In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559 judgment was given in [a case which is] far removed from the present.

The importance of the third point above is demonstrated by the recent decision of the European Union Court of Justice (EUCJ) which in September 2014 gave judgment in the appeal from the General Court in the dispute between the Groupement des cartes bancaires and the European Commission (Groupement des cartes bancaires v European Commission C - 67 / 13 P (CB)-RRB-.

Lady Hale, giving the sole judgment of the Supreme Court, considered that the true issue was not the jurisdiction of the Court of Protection (as it had been put by both Eleanor King J and Sir James Munby P in the Court of Appeal), but rather the approach it should take in light of its limited powers.

While Stanley Burnton J did — but «not without considerable hesitation» — accept as lawful the additional reasons, in the course of his judgment he extracted the following useful propositions from R v Westminster City Council, ex p Ermakov [1996] 2 All ER 302 and other authorities: - Where there is a statutory duty to give reasons as part of the notification of the decision, so that (per Mr Justice Laws in R v Northamptonshire County Council, ex p D [1998] ED CR 14) «the adequacy of the reasons is itself made a condition of the legality of the decision», only in exceptional circumstances, if at all, will the court accept subsequent evidence of the reasons.