Sentences with phrase «lord justice»

The judges will be Lord Justice Andrew McFarlane, who sits in the Court of Appeal, former Director of Public Prosecutions Keir Starmer QC and journalist Owen Jones.

Lord Justice Stanley Burnton, who gave a short dissenting judgement on this point, was concerned that if judges had power to supplement directions without going through the proper channels a variety of local practice directions might grow up.

Lord Justice Kitchin explained: «This was not a commercial transaction.

It was the family lawyers — Mr Justice Wall (as he then was), Lord Justice Ward and Baroness Hale — who would have put children's rights before other legal principles (see R (Kehoe) v Secretary of State for Work and Pensions [2005] UKHL 48, [2005] 4 All ER 905).

For the moment, Lord Justice Thorpe has given guidance about the treatment of Sch 1 applications against rich daddies — in Morgan v Hill [2006] EWCA Civ 1602, [2006] All ER (D) 386 (Nov).

«There will be no big bang,» Sir Ernest Ryder, a Lord Justice of Appeal and the Senior President of Tribunals, told a London conference.

Further, in Webster & Vaseghi Lord Justice Smith, again obiter, expressed the view that some sympathy might be found in respect of the submission that victimisation is difficult to prove at times if the «without prejudice» rule is rigorously applied.

But in Reichman Lord Justice Lloyd said «the scope and effect of this possible course of action seems to me to be somewhat uncertain and questionable».

Lord Justice Tuckey accepted that this imposed a harsh regime, but added «So do most time bars, which exist for the very good policy reason, that parties should know where they stand».

The essence of this requirement is, as with all of the principles applicable to proper consultation, fairness, and what fairness demands will depend upon the particular facts of the case: see, for example, R v Secretary of State for Education, ex parte M [1996] ELR 162 at 206 — 7, in which Lord Justice Simon Brown warns of the need to avoid a «mechanistic» approach to the requirements of consultation.

In FPR 2010 the rules committee has restricted the common law open justice principle (see eg R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates» Court [2012] EWCA Civ 420, [2012] 3 All ER 551 per Lord Justice Toulson at [66]-RRB- in a way which is not expressly permitted by the 2003 Act.

In December 2015, a committee that reviewed the civil courts structure in the UK issued a report, written by its chair Lord Justice Briggs, judge of the Court of Appeal and deputy head of Civil Justice, recommending the formation of The Online Court, as I wrote about in more detail here.

Following the London High Court Judgment in the fraud case of Kazakhstan Kagazy Group v Zhunus, Arip and Dikhanbayeva which awarded $ 300m to Kazakhstan Kagazy, Hugh McGregor, the General Counsel of Kazakhstan Kagazy PLC, outlines the process that his firm followed to uncover and litigate what Lord Justice Longmore described as almost the «perfect» fraud.

Dominic Regan, who has advised Lord Justice Jackson on civil litigation reforms and is a frequent commentator on the subject, is going on the road to deliver a series of seminars in October.

It is nowhere more clearly expressed than in the judgment of Lord Justice Oliver in Cutts v Head [1984] Ch 290, [1984] 1 All ER 597: «That the rule rests, at least in part, upon public policy is clear from many authorities, and the convenient starting point of the inquiry is the nature of the underlying policy.

Those who can succinctly state a principle, be it Professor Ian Smith or Lord Justice Jackson should be put in charge of judicial training.

Lord Justice Longmore and Lord Justice McFarlane, giving a joint ruling, overturned the circuit judge's decision.

«In my view it offers the best available prospect of providing access to justice for people and small businesses of ordinary financial resources,» wrote Lord Justice Briggs.

It remains to be seen whether the Ministry of Justice's new Advisory Committee on Civil Costs or Lord Justice Jackson's wide - ranging review of litigation costs will result in worthwhile improvements.

In respect of the unambiguous impropriety exception, he cited Lord Justice Rix in Savings & Investment Bank Limited (in liquidation) v Finken [2004] 1 WLR 667, [2004] 1 All ER 1125 and summarised the position as being that «no matter how important the admission might be for the potential litigation, unless it can be said to arise out of an abuse of the privileged occasion, such as where it is made to utter «a blackmailing threat of perjury» (see 684E) its significance alone can not result in the admission being released from the cocoon of the «without prejudice» exclusion and into the glare of the forensic arena» (at para 20).

This is subject to any statutory provision (explained by Lord Justice Ward in Wicks v Wicks [1998] 1 FLR 470, [1998] 3 WLR 277, CA, [1998] 1 All ER 977) covering the field of law in question.

«There will be no big bang,» Sir Ernest Ryder, a Lord Justice of Appeal and the Senior President -LSB-...]

Lord Justice Laws and Mr Justice Mitting, however, said an unconditional order for the disclosure such material infringes privilege rules and should be quashed.

As stated by Lord Justice Sachs in Frank v. Cox (1967), 111 Sol.

Earlier that morning the new Lord Chief Justice had been sworn in as had Baroness Hale as the first woman to be President of the Supreme Court and Lord Justice Lloyd - Jones the first Welsh member of the Supreme Court and a number of new judges had been sworn in.

The question therefore, to follow Lord Justice Jackson's lead, is whether inflation warrants an increase to # 1,500.

Lord Justice Gross and Mr Justice Mitting gave the following reasons as to why the conduct of the Scottish authorities satisfied the indemnity costs requirement of being «out of the norm»:

The decision was upheld in a strong Court of Appeal, by the Master of the Rolls, Lord Dyson and Lord Justice Kitchin, observing that it was «inescapable» that the High Court should find a breach of Article 3, the prohibition of cruel, inhuman and degrading treatment, against the police.

No fewer than 11 former members have been appointed as judges of the High Court and above, with Lord Woolf being appointed Lord Chief Justice and Master of the Rolls and Lord Justice Latham being appointed Deputy Lord Chief Justice.

This was recognised by Lord Justice Briggs in his final report — after he had been encouraged to visit BC.

In obiter comments, Lord Justice Burnton said: «I do not think that it follows from my above finding that no local authority has power to participate in LAML.»

However, «there is much to be said for trial judges doing all in their power to ensure that cases are tightly focused on the essential issues» (Lord Justice Toulson at para 28).

He will replace Lord Justice Nicholas Pumfrey who died last year.

The Regional Group of Companies Inc., 2007 ONCA 59 < >, Lord Justice Lewison's The Interpretation of Contracts, Lord Steyn, «The Intractable Problem of the Interpretation of Legal Texts» (2003) 25 Sydney L. Rev. 5, Sir Christopher Staughton, «How Do the Courts Interpret Commercial Contracts?»

The Queen has approved the appointment of Mr Justice Stanley Burnton as a Lord Justice of Appeal.

As a matter of fact, threats of violence will almost always be made by persons engaged in a criminal activity; but... it is the risk of being subjected to compulsion by threats of violence that must be foreseen or foreseeable that is relevant, rather than the nature of the activity in which the threatener is engaged» (Lord Justice Dyson at 12).

Th e decision of the majority of the Court of Appeal (Lord Justice Sedley dissenting on the aspect of the decision relating to the TO) was to uphold the appeal of HM Treasury.

Salsbury v Law Society [2008] EWCA Civ 1285, [2008] All ER (D) 240 (Nov) Court of Appeal, Civil Division, Sir Mark Potter P, Lady Justice Arden and Lord Justice Jackson, November 2008

Lord Justice Munby, chairman of the Law Commission, said: «Each area of law we will examine in the Eleventh Programme has been identified as being flawed and at risk of creating confusion and injustice.

Delivering judgment in R (on the application of TG v London Borough of Lambeth and Shelter (Intervener)[2011] EWCA Civ 526 Lord Justice Wilson said the facts of the case «reveal a serious absence of co-ordination» between the housing and children's services departments, and that he had been persuaded that «such absence of co-ordination was positively unlawful».

However, Lord Justice Lloyd Jones sounded a warning to the Claimant in respect of the merits of his case and therefore the costs risks he faced if the matter proceeded to trial.

How are we going to see the reinvigoration of the process called upon by Lord Justice Jackson?

The government confirmed its implementation of Lord Justice Jackson's civil litigation costs reforms in its Legal Aid, Sentencing and Punishment of Offenders Bill

To paraphrase Lord Justice Moses, rarely have two such incompatible parties been forced to spend so much time together as science and the law!

Lord Justice Hughes, vice-president of the Court of Appeal Criminal Division, will succeed Lord Dyson, and Lord Justice Toulson will succeed Lord Walker.

While such exact mirroring was not required, the orders in council needed to be confi ned within the contours of eff ective implementation (per Lord Justice Wilson at para 155).

Lord Justice Stephen Richards of the Court of Appeal stood accused of exposing himself on a commuter train.

The judgment, handed down by Lord Justice May in the Court of Appeal last week (19 February), ruled that an earlier judgment ordering CBUK to pay # 4.2 m in damages to Wembley Stadium's main contractor Multiplex should be reduced to # 1.8 m.

This has been a key focus for the government in recent months, and also follows a recent Department of Health consultation into fixed costs in medical negligence claims up to # 25,000, as well as a review by Lord Justice Jackson of caps for all civil litigation with a value up to # 250,000.

In PGF II SA v and — OMFS Company 1 Ltd [2013] EWCA CIV 1288, Lord Justice Briggs determined that silence in the face of an invitation to participate in ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonable.