Post Hearing in UK Law

Leading Cases
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • G v G (Minors: Custody Appeal)
    • House of Lords
    • 25 Abr 1985

    All these various expressions were used in order to emphasise the point that the appellate court should only interfere when they consider that the judge of first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the Court of Appeal might or would have adopted, but has exceeded the generous ambit within which a reasonable disagreement is possible.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Jun 1999

    These reasons should be read on the assumption that, unless he has demonstrated the contrary, the judge knew how he should perform his functions and which matters he should take into account. An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the judge by a narrow textual analysis which enables them to claim that he misdirected himself.

  • Antaios Compania Naviera S.A. v Salen Rederierna A.B.
    • House of Lords
    • 26 Jul 1984

    While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Birkett v James
    • House of Lords
    • 25 May 1977

    To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000,14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

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Books & Journal Articles
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Law Firm Commentaries
  • Disclosure to non-party of evidence relied on in court
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • 7 de Marzo de 2019
    A non-governmental organisation (NGO) has been granted disclosure of evidence relied upon by litigants in concluded judicial review proceedings concerning tobacco packaging (JR). The NGO was not pa...
    ...... to in oral and written submissions and read by the judge in pre- and post-hearing reading. The ruling shows the court using its inherent powers to ......
  • UK Takes Steps to Prepare for Post-Brexit Trade Policy
    • JD Supra United Kingdom
    • Pillsbury Winthrop Shaw Pittman LLP
    • 14 de Noviembre de 2017
    The government draws closer to establishing the legislation that will be needed after Brexit with the introduction of a new Trade Bill. The Trade Bill has received a first hearing in par...
    ...... Takeaways. . The Trade Bill has received a first hearing in parliament, but not been debated at this stage. . In terms of the future trade agreement between the UK and the EU, the December European ......
  • HSF Team Play Key Role In Significant ICSID Award Dealing With An Intra-EU BIT Case
    • Mondaq UK
    • 23 de Octubre de 2018
    ...... to the Tribunal's jurisdiction over CD's FET claims, and a hearing on jurisdiction was held in January 2016 before a tribunal constituted of ...This was followed by post-hearing briefs and submissions on the relevance of the CJEU's ......
  • First Emergency Arbitration Procedure In China
    • Mondaq UK
    • 22 de Octubre de 2018
    ...... parties' arguments focused on key concerns; and conducting the hearing by teleconference. Wei said he offered the parties a “second chance” o present their cases through the submission of post-hearing briefs before 6pm on the 10th day of proceedings. He also noted ......
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