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Civil procedure

02 September 2010
Issue: 7431 / Categories: Case law , Law digest
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R (on the application of B) v Islington London Borough Council [2010] All ER (D) 97 (Aug)

The Administrative Court would accord the respect implied by previous authorities to decisions of the Upper Tribunal. The mutuality of respect required of judicial institutions demanded that the Upper Tribunal follow the decisions of the Administrative Court. It was also essential to the system of legal principles and to the common law legal system. Though strictly speaking the Administrative Court was not bound by decisions of other High Court judges, judicial comity and the common law method obliged it to follow them, unless for a particular reason their decision was thought to be wrong.

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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