Jurisprudence in UK Law

Leading Cases
  • Milor S.r.l. v British Airways Plc
    • Court of Appeal (Civil Division)
    • 09 Febrero 1996

    He argues that it is the consequence of the express provision that questions of procedure shall be governed by the law of the Court seised of the case. By way of example, if the procedural law of the chosen forum imposed a 12 month limitation period, it does not seem to me that this could displace the 2 year period of limitation laid down by Article 29 of the Convention.

  • Blackburn v Attorney-General
    • Court of Appeal (Civil Division)
    • 10 Mayo 1971

    I will assume that Mr. Blackburn is right in what he says on those matters. Negotiations are still in progress for us to join the Common Market. Even if a treaty is signed, it is elementary that these Courts take no notice of treaties as such. We take no notice of treaties until they are embodied in laws enacted by Parliament, and then only to the extent that Parliament tells us. That was settled in a case about a treaty between the Queen of England and the Emporer of China.

  • R (on the application of Mohammad Mumtaz Chaudhary) v (1) Bristol Crown Court (1st Defendant) (2) HMRC (2nd Defendant)
    • Queen's Bench Division (Administrative Court)
    • 04 Diciembre 2014

    I consider that Kennedy LJ in Bramley correctly doubted the decision in Fitzpatrick, as set out above, that a search is rendered unlawful if there is any transgression, in the sense that an item is taken that falls outside the scope of the warrant. I have already cited the relevant passage from Bramley above, and the reasoning set out therein seems to me to be entirely persuasive.

  • R v Smurthwaite ; R v Gill
    • Court of Appeal (Criminal Division)
    • 11 Agosto 1993

    In exercising his discretion whether to admit the evidence of an undercover officer, some, but not an exhaustive list, of the factors that the judge may take into account are as follows: Was the officer acting as an agent provocateur in the sense that he was enticing the defendant to commit an offence he would not otherwise have committed? How active or passive was the officer's role in obtaining the evidence?

  • R v Walters
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1979

    We are not going to lay down any final conclusions about this case. When a new point of this kind has to be developed, it is better if it is developed slowly. We shall look at the circumstances of this case and see how the statutory provisions work out in relation to it.

  • R v Thomas (Kevin)
    • Court of Appeal (Criminal Division)
    • 14 Octubre 1983

    He was influenced in this regard by what in recent years has become accepted sentencing policy in this type of case, that is that with persons like the present appellant, who seem to be incapable of leaving motor vehicles alone, to impose a period of disqualification which will extend for a substantial period after their release from prison may well, and in many cases certainly will, invite the offender to commit further offences in relation to motor vehicles. He was influenced in this regard by what in recent years has become accepted sentencing policy in this type of case, that is that with persons like the present appellant, who seem to be incapable of leaving motor vehicles alone, to impose a period of disqualification which will extend for a substantial period after their release from prison may well, and in many cases certainly will, invite the offender to commit further offences in relation to motor vehicles.

  • Royal Brompton Hospital NHS Trust v Hammond (No. 8)
    • Court of Appeal (Civil Division)
    • 23 Mayo 2001

    Counsel for the respondents submitted that a court would more readily alter its judgment before it was officially handed down than afterwards. In particular there does not appear to us to be any logical reason why a judgment should be more readily altered after delivery to the parties, but before handing down, than during delivery of an oral judgment or immediately after delivery.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • SPCs And The European Jurisprudence On Patent Term Extensions
    • Mondaq United Kingdom
  • ISS Discusses the Challenges of Litigating Class Actions in the UK
    • LexBlog United Kingdom
    Although the United States inherited its common law legal system from the United Kingdom, the U.S. securities class actions jurisprudence is well advanced of the development of this area of law in ...
    ...Although the United States inherited its common law legal system from the United Kingdom, the U.S. securities class actions jurisprudence is well advanced of the development of this area of law in the United Kingdom. With the first major collective action just occurring in 2013 (RBS ......
  • Weekly Blog Roundup on Bankruptcy-Related Topics for the Week Ended 11/25/05
    • LexBlog United Kingdom
    Below are notable blog posts on the following topical bankruptcy issues of interest to the bankruptcy litigator and practitioner for the week ending 11/25/05. *** Judge Alito’s Bankruptcy Jurisprud...
    ......*** Judge Alito’s Bankruptcy Jurisprudence The Portland Archdiocese Disclosure Statement Filing The Problem of Legal Valuation Uncertainty Asbestos Trust Fund Talk The UK Housing Bubble and ......
  • Penalty Clauses: A Question Of Context?
    • JD Supra United Kingdom
    In ParkingEye Ltd v Beavis [2015] EWCA Civ 402, 23 April 2015, a dispute about the non-payment of a GBP 85 parking fine the Court of Appeal has explored the fundamental principles of the rule agai...
    ...... has explored the fundamental principles of the rule against penalties and given an indication of the courts' understanding of the jurisprudence in this area. Mr Beavis refused to pay a GBP 85 fine after overstaying the free parking period of two hours in a car park in Chelmsford managed, ......
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