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16 Nov 2021, 2:10 am by CMS
The relevant provision of the New York Convention – article V(1)(a) – can be found in section 103(2)(b) of the Arbitration Act, and states that “the recognition or enforcement of the award may be refused if the person against whom it is invoked proves (…) that the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made. [read post]
12 Nov 2021, 1:46 am by CMS
He also referred to various passages from case law including Lord Diplock’s observations in Fothergill v Monarch Airlines Ltd [1981] AC 251, 279: “Elementary justice or, to use the concept often cited by the European Court [of Justice], the need for legal certainty demands that the rules by which the citizen is to be bound should be ascertainable by him (or, more realistically, by a competent lawyer advising him) by reference to identifiable sources that are publicly… [read post]
28 Oct 2021, 8:13 am by John Coyle
It is, however, a concise description of the facts presented in Nawai Wardak Transportation Co. v. [read post]
8 Oct 2021, 4:01 am by Saloni Khanderia
Ltd. v Diaconicolas & Capsopolus, the court stated that regardless of how ‘novel, original or striking’ the colour scheme may be, it was not a feature that was relied upon by the ordinary purchaser to identify the source of the product. [read post]
28 Sep 2021, 4:25 pm by INFORRM
It is now provided for by section 124 of the Senior Courts Act 1981, which states that such wills, once deposited, must be ‘open to inspection’. [read post]
24 Sep 2021, 3:10 am by Chukwuma Okoli
See also AIC Ltd v Edo State Government (2016) LPELR-40132 (CA). [12] (2021) 13 NWLR (Pt. 1794) 434. [read post]
22 Sep 2021, 9:27 am by Joel R. Brandes
” Here, the court’s determination to deny defendant’s request for attorney’s fees was largely based on its assessment of defendant’s credibility at trial regarding the state of her own finances, her failure to fully account for large sums of money that she had received, and her failure to fully account for assets belonging to plaintiff that she purportedly used for his benefit during the period they were separated. [read post]
Common law public interest immunity has its roots in “Crown privilege” under English law, which then evolved into “public interest immunity”, a duty exercised in the public interest to refuse disclosure of the information (Rogers v Home Secretary [1973] 1 AC 388). [read post]
12 Sep 2021, 4:32 pm by INFORRM
As the particulars of claim make clear: ‘the claimants were deeply shocked and extremely distressed at the public revelation of these tragic and highly sensitive family matters which have been kept private (or ‘secret’ as the Defendant itself states in the article) for over 30 years. [read post]
12 Sep 2021, 10:17 am by Giles Peaker
The second and third grounds of appeal were “The Recorder failed to have regard to paragraphs 5 and 6 of Lord Diplock’s guidance in American Cyanamid v Ethicon (1975) AC 396. [read post]
17 Aug 2021, 6:40 pm by Michael Douglas
See too Re Bakhshiyeva v Sberbank of Russia [2019] Bus LR 1130 (CA); [2018] EWCA 2802. [read post]