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24 Jul 2023, 3:38 am
Surveillance Privacy International submitted a written response to Lord David Anderson’s call for comments relating to his review of the Investigatory Powers Act 2016. [read post]
23 Jul 2023, 1:24 am
Forthcoming lecture on Aston Cantlow v Wallbank Aston Law School has organised a lecture by Mark Hill KC to be given at the parish church of St John the Baptist, Aston Cantlow, on Monday, 4 September, on Aston Cantlow v Wallbank [2003] UKHL 37, the leading case on chancel repair liability. [read post]
20 Jul 2023, 6:37 am
In JC Bamford Excavators Ltd v [read post]
20 Jul 2023, 3:44 am
Furthermore, as discussed below, in attempting to reconcile G 2/21 with the Supreme Court decision in Warner-Lambert, Lord Justice Arnold (Arnold LJ) in Sandoz v BMS is forced to disagree with the interpretation that G 2/21 supports the established "lack of ab initio implausibility" standard. [read post]
20 Jul 2023, 1:42 am
Unlike the EPO, Lord Justice Arnold (Arnold LJ) in Sandoz v BMS considers the "plausibility" of a non-claimed technical effect under the heading of inventive step and sufficiency. [read post]
19 Jul 2023, 2:15 am
The principal issues on this appeal are as follows: Whether the Court of Appeal erred in law by distinguishing and declining to follow the decision of the House of Lords in R (McCann) v Crown Court at Manchester [2003] 1 AC 787 (“McCann”) that the criminal standard of proof should be applied in proceedings in respect of an anti-social behaviour order under section 1, Crime and Disorder Act 1998 (“the 1998 Act”), and in failing to apply that standard of proof… [read post]
18 Jul 2023, 3:30 am
In an 1842 English case, Winterbottom v. [read post]
15 Jul 2023, 11:52 pm
Quick links Harriet Gray, Lexology: Balancing beliefs in the workplace: lessons from Higgs v. [read post]
13 Jul 2023, 4:54 pm
For instance, in the landmark ruling of Fiona Trust and Holding Corp v Privalov (2007), both Lord Hoffman and Lord Hope illustrated that an arbitration clause will not be severable where it is a part of the main contract and the existence of consent to the main contract in itself is under question. [read post]
12 Jul 2023, 4:09 am
The Lord Ordinary and the Inner House held that Dr Labinjoh was not negligent in failing to inform Mr McCulloch about the possible treatment by NSAIDs. [read post]
11 Jul 2023, 6:39 am
Samia v. [read post]
9 Jul 2023, 4:46 am
Bishops in the House of Lords On Thursday, there was a debate in Westminster Hall on Bishops in the House of Lords introduced by Tommy Sheppard (Edinburgh East) (SNP). [read post]
8 Jul 2023, 11:19 pm
Photo Maebmij Licence CC BY-SA 3.0 Source Wikimedia CommonsJane LambertCourt of Appeal (Lord Justices Newey, Arnold and Birss) Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2023] EWCA Civ 758 (4 July 2023)This was an appeal by Applie Inc and two of its subsidiaries ("Apple") against the judgment of Mr Justice Meade in Optis Cellular Technology LLC and others v Apple [read post]
8 Jul 2023, 6:33 am
In this regard, Biden v. [read post]
7 Jul 2023, 5:11 pm
Our starting place is Entick v. [read post]
5 Jul 2023, 11:46 pm
The Bishop of Exeter, Henry Phillpotts, said in the debate in the House of Lords that the bill was “a disgrace to British legislation. [read post]
4 Jul 2023, 4:32 pm
In some ways the case reflects the problem posed by Parkes QC in Hodges v Naish. [read post]
3 Jul 2023, 8:16 am
Conversely, Lord Ordinary determined that there had not been a breach of duty in terms of failure to prescribe the anti-inflammatory drugs. [read post]
3 Jul 2023, 4:07 am
On 27 June 2023 the House of Lords approved an amendment to the Economic Crime and Corporate Transparency Bill which aims to tackle “strategic litigation against public participation” (“SLAPPs”); the use of defamation law to silence critics. [read post]
3 Jul 2023, 2:53 am
Jamelle Bouie raises a very interesting point from Justice Elena Kagan’s dissent in Biden v. [read post]