Lord Mance's comment,
although obiter, is supportive of arguments that «ethnic origins», through «descent», could cover caste.
Not exact matches
My species - scale «
obits» have included that of Miss Waldron's red colobus (2000,
although this monkey popped back on the radar, at least for now), the Yangtze River dolphin, or baiji (2006,
although this species, as well, is not yet officially declared gone) and the Chinese paddlefish (2009).
In R & R Developments Ltd v AXA Insurance UK plc [2009] Lawtel 30 September Ch Mr Nicholas Strauss QC (sitting as a deputy High Court judge) ruled (
obiter) that the subjective understanding of the question by the insured was neither crucial nor relevant
although certain insurance law textbooks suggested to the contrary.
Although finding a compound patent valid based on actual utility after construing a low Promise, Mr. Justice Rennie recognized (in
obiter) there would be problems with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT as follows:
Although Sunstein does not say so, presumably, Mutes (as well as Burkeans) would also generally oppose
obiter dicta.
Earlier this year, in Hinton Organics, Lord Justice Carnwath noted
obiter that «certain aspects of [the Corner House] principles have proved controversial, particularly the requirement that the claimant should have no private interest in the outcome of the case», as well as suggesting that,
although on a strict view Goodson remains binding authority, it is impossible to ignore the criticisms in subsequent cases of its narrow approach.
In his
obiter comments on the difference between common law review and proportionality review, Lord Steyn took the view that
although there was «some overlap» between the two, «the intensity of review is somewhat greater under the proportionality approach» than under Wednesbury.