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8 Sep 2010, 11:56 pm
The intentions of the publisher of the attack, and the way in which it was perceived by the subject, are both irrelevant ([68]). [read post]
5 Dec 2017, 8:26 am
... as the Supreme Court hears oral argument in Masterpiece Cakeshop, Ltd. v. [read post]
5 Mar 2019, 4:02 pm
” The same approach has been followed by Mr Justice Nicklin in Morgan v Associated Newspapers Ltd [2018] EWHC 1850 (QB) and Greenstein, confirming that it is very much the way in which he believes this issue should be resolved. [read post]
22 Feb 2021, 4:24 pm
This, they argued, violated the right to freedom of expression. [read post]
24 Nov 2022, 6:05 am
Either way, clarification from the Supreme Court will be welcomed. [read post]
22 May 2015, 4:00 am
They are all (even the most serious) very much less, even in cases which were expressed to be very serious cases. [read post]
9 Sep 2017, 7:35 pm
Supreme Court on Sept. 7 in Masterpiece Cakeshop, Ltd. v. [read post]
4 Jan 2021, 10:27 am
(LINC), and the defendant, Beijing Bosideng Ltd. [read post]
13 Nov 2012, 2:46 am
there was a potentially interesting question as to whether the express declaration of trust was a sham (in essence to get a mortgage for the purchase of the property), but there was no evidence sufficient to get close to the narrow definition of sham (see the problematic case of Snook v London and West Riding Investments Ltd [1967] 2 QB 786).So, the key message is this: where there is an express declaration of trust, the only ways to avoid its outcome are… [read post]
13 Nov 2012, 2:46 am
there was a potentially interesting question as to whether the express declaration of trust was a sham (in essence to get a mortgage for the purchase of the property), but there was no evidence sufficient to get close to the narrow definition of sham (see the problematic case of Snook v London and West Riding Investments Ltd [1967] 2 QB 786).So, the key message is this: where there is an express declaration of trust, the only ways to avoid its outcome are… [read post]
8 Jun 2007, 5:04 am
Well done, Lawtel, for digging up this little gem from the Chancery Division, England and Wales, way back last April: it's a ruling by Mr Justice David Richards in Red Dot Technologies Ltd v Apollo Fire Detectors Ltd [2007] EWHC 1166 (Ch), not yet available on BAILII.This was an application by Red Dot for an interim injunction to stop Apollo publishing, distributing or using a chart it had produced for the purpose of comparative advertising. [read post]
4 Mar 2008, 4:45 pm
Justice Spender granted consent injunctions restraining Kleenheat Gas for three years: from representing to bulk LPG customers that their price will be calculated in a particular way unless it intends to supply in accordance with the terms represented, and where Kleenheat's terms of supply to bulk LPG customers represent that the price will be calculated in a particular way, from charging to that customer a higher price than would result from such calculations … [read post]
10 Aug 2013, 2:22 pm
There is no final and exact way of determining what a copy is, or what a copy of the expression is, or what a copy of the idea is, or what a copy of the idea is only. [read post]
23 Apr 2019, 5:23 am
In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights. [read post]
2 Nov 2018, 1:49 am
As regards the latter, prosecution was brought under the Obscene Publications Act 1959 (R v Penguin Books Ltd [1961] Crim LR 176). [read post]
24 Nov 2017, 8:37 am
Yet it is also worth examining carefully the way in which the parties dealt with the alleged implied term. [read post]
14 Dec 2020, 11:52 am
Using the language of Dyson LJ in AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1535, “something more is required”, which must be “something of substance”. [read post]
6 Sep 2018, 1:43 pm
American Express Co., Docket 16-1454, J. [read post]
16 Mar 2012, 3:44 am
The Court of Appeal held that the Statute contained no such express indication. [read post]
24 Apr 2019, 7:28 am
In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. [read post]
