Case Comment

Miller: hearing documents and understanding a case in the Supreme Court

The way the cases have been presented in the Supreme Court this week in the appeals against R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) ; [2016] WLR(D) 564 has shown how much court cases can be opened up for the understanding of interested members of the public and press. 

In this article David Burrows looks at the extent to which the law permits this; at what the arrangements were to …

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Old Case Law to Construe a New Rule

Points of Law

Set aside: a new rule for financial relief proceedings

By David Burrows

It cannot often be that you need a seventy-year old case to construe a brand new statutory provision; but the recent addition of rule 9.9A to the Family Procedure Rules 2010 (application to set aside a financial remedy order) makes such a demand: see Peek v Peek [1948] P 46 (pdf); [1947] 2 All ER 578 (PDA Div Ct: Lord Merriman P and Wallington J).

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Giving a clear and simple judgment: how hard can it be?

Case Comment

Newspaper reports of a judgment released this week have concentrated on the use, by the judge, of an emoji – probably a first in the Senior Courts. But the judgment is far more interesting for the way the judge, Mr Justice Peter Jackson, has written it so that the children caught up in a family case will be able to read and understand it – without any loss of legal clarity and efficacy.

The judgment in Lancashire County Council …

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Lies, damned lies, and insurance claims

In this guest post, Gillian Palmer examines two recent decisions of the Supreme Court on the question of lies and exaggerations made by a party in the course of making claims for losses covered by insurance.

 

 

Sweet Little Lies: Insurance Versloot Dredging v HDI Gerling [2016] UKSC 45[2016] 3 WLR 543[2016] WLR (D) 403, SC (20 July 2016)

Should an action be sanctioned according to …

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Brexitigation: article 50 in a heatwave – an artist’s impression

Today saw the opening scene of a courtroom drama that looks likely to play out over the rest of the year, if not beyond. Claims have been brought against the government in the person of the Secretary of State for Brexit with a view to obtaining a court ruling on the correct procedure for the sending to the rest of the European Union of a notification under article 50 of the EU Treaty, following the referendum vote in favour …

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Case Law: Ewing v Cardiff Crown Court, The taking of notes in court does not require judicial permission – Hugh Tomlinson QC

Case Comment

In the case of Ewing v Crown Court sitting at Cardiff and Newport [2016] EWHC 183 (Admin); [2016] WLR(D) 62  the Divisional Court confirmed an important feature of the open justice principle: that permission is not needed in order to take notes in Court. Although the Court may, for good reason, withdraw the liberty to take notes, the default position is that anyone who attends a public hearing is free to take notes.

Background

The claim arose out …

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Case Note: R (Miranda) v Secretary of State for the Home Department [2016] EWCA Civ 6

Case Note: R (Miranda) v Secretary of State for the Home Department [2016] EWCA Civ 6

A transcript of the Court of Appeal’s judgment in R (Miranda) v SSHD [2016] EWCA Civ 6 can be found here. [Hat tip to @RichGreenhill for nudging me that the transcript was available on BAILII].

Facts

David Miranda was stopped and detained by police at Heathrow airport in August 2013 under para 2(1) of Schedule 7 to the Terrorism Act 2000.

Paragraph 2(1) provides:

(1) An examining officer may question a person to whom this paragraph …

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Case Law On Trial – the results: 1996 – 2014

To commemorate the fact that ICLR has been creating case history for the last 150 years, we’re putting together a special Anniversary Edition of the Law Reports, which will include the 15 top cases voted for by you, our readers. We divided our history into five periods, and allowed a month for you to vote for a case from each period. In this post, we look at the results from the final period, 1996 – 2014. Though a clear leader emerged with a case that marks …

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Case Law On Trial – the results: 1946-1970

To commemorate the fact that ICLR has been creating case history for the last 150 years, we’re putting together a special Anniversary Edition of the Law Reports, which will include the 15 top cases voted for by you, our readers. We divided our history into five periods, and allowed a month for you to vote for a case from each period. In this post, we look at the results from the third period, 1946-1970.

The top two cases are both clear winners, in first and …

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Case Law On Trial – the results: 1915-1945

To commemorate the fact that ICLR has been creating case history for the last 150 years, we’re putting together a special Anniversary Edition of the Law Reports, which will include the 15 top cases voted for by you, our readers. We divided our history into five periods, and allowed a month for you to vote for a case from each period. In this post, we look at the results from the second period, 1915-1945.

 

 

 

As this graphic shows, the …

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