Search for: "In Interest of LJ"
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24 May 2024, 7:17 am
In cases involving children, the familiar Article 8/10 judicial “balancing exercise” is conducted with regard to an additional legal principle – that “[w]here the best interests of the child clearly favour a certain course, that course should be followed, unless countervailing reasons of considerable force displace them” (K v News Group Newspapers [2011] 1 WLR 1827, per Ward LJ, [19]). [read post]
15 May 2024, 6:29 am
Attendees were treated to an afternoon of deeply interesting discussion on how artificial intelligence is permeating the fashion industry and what this ultimately means for rightsholders, AI operators and the state of the law. [read post]
10 May 2024, 1:33 am
The tests that the Chancellor needed to apply were to consider: whether the petitioners had made at a case for the proposal; whether the proposals, if Implemented, would result in harm to the significance of the church as a building of special architectural or historic interest; and if they would, then there would be a number of other issues for to consider [10]. [read post]
26 Apr 2024, 1:32 am
On appeal, Birss LJ wrote the lead judgment, which, although not replete with new law, is of interest in particular for its commentary on practice and procedure. [read post]
25 Apr 2024, 12:17 pm
Arnold LJ held in his leading judgment that the High Court erred when it applied “skill and labour” as a test of originality, and that since the CJEU decision in Infopaq, copyright “is liable to apply only in relation to a subject-matter which is original in the sense that it is its author's own intellectual creation". [read post]
26 Mar 2024, 2:38 am
Newey LJ, Asplin LJ and Popplewell LJ, dismissed the appeal for these reasons: Saudi Arabian Law is an Islamic system with concepts and principles far removed from those in English law and on the particular facts of the case the practice and culture of Saudi Arabian capital markets was relevant in determining the law. [read post]
14 Mar 2024, 8:31 am
The decision is an interesting essay on the different roles that various potential actors in a patent litigation dispute in the English Courts can play. [read post]
29 Feb 2024, 4:05 am
Therefore, considering the judgment Sedley LJ in Redmond-Bate v DPP and the reforms to the Public Order Act 1986 ss 4A – 5 threshold, the law has established a clear framework. [read post]
27 Feb 2024, 12:50 am
The cargo interests’ defence therefore failed and they were liable to make the contribution which had been assessed. [read post]
12 Feb 2024, 1:46 am
Given that Neurim was a reference from the English Court of Appeal (on appeal from a decision of Arnold J) in which Jacob LJ stated: “In short, if Neurim are wrong [and an SPC should not be granted], then the Regulation will not have achieved its key objects for large areas of pharmaceutical research: it will not be fit for purpose”, it will be interesting to see what happens. [read post]
8 Feb 2024, 4:09 pm
Warby LJ, upholding this aspect of Nicklin J’s first instance judgment, answered emphatically that it is not: “the only question raised by section 3(3) of the 2013 Act is whether the statement complained of indicated the basis of the opinion which it contained [44]. [read post]
25 Jan 2024, 12:53 am
With regard to “sufficient interest” of campaigning groups or individuals, in their written submissions the petitioners made reference to the considerations by the Administrative Court (Macur LJ, Chamberlain J) in R (McCourt) v Parole Board for England and Wales [2020] EWHC 2320 (Admin). [read post]
16 Jan 2024, 2:22 am
”[1] Whilst a public consultation has been held in the UK, resulting in no immediate recommendations for changes in the current patent legislation, with these interesting policy issues seemingly unresolved and the continued advancement of AI, we expect this will not be the last we hear on this topic. [read post]
4 Dec 2023, 7:41 am
In this post, Phil Woodfield and Elizabeth Lombardo of CMS comment on the Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, which was handed down on 15 November 2023. [read post]
27 Nov 2023, 2:36 am
Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9) and the UK Court of Appeal in Combe (see Volume 12). [read post]
24 Nov 2023, 7:38 am
The appeals were heard by Newy LJ, Arnold LJ and Stuart-Smith LJ. [read post]
19 Nov 2023, 1:16 pm
It will be very interesting to see what happens if a similar case reaches the higher courts. [read post]
3 Nov 2023, 7:15 am
In the context of the recent EPO decision on plausibility (G2/21) and a flurry of interest in this issue, it is also interesting to read a furth [read post]
25 Oct 2023, 10:26 pm
The relevant principles, both at common law and under Article 9, had been set out by Munby LJ in Re G (Education Religious Upbringing) [2013] 1 FLR 677 at [20-51]. [read post]
17 Oct 2023, 2:26 am
In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
