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On 6 July 2011, the UKSC delivered its judgment in Scottish Widows plc v Commissioners for Her Majesty’s Revenue and Customs (Scotland); Scottish Widows plc No 2 v Commissioners for Her Majesty’s Revenue and Customs (Scotland); Scottish Widows plc v Commissioners for Her Majesty’s Revenue and Customs (Scotland) [2011] UKSC 32. [read post]
11 Feb 2010, 4:58 am by Rosalind English
Re W (Children) [2010] UKSC 12 SC (Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr) March 3 2010 The facts of this case are set out in the report of the Court of Appeal judgment below. [read post]
19 Mar 2014, 1:42 am by Rosalind Earis, 6KBW
In addressing the very nature of human rights law, Lord Reed called with approval upon the words of Lord Cooke in R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532: “The truth is, I think, that some rights are inherent and fundamental to democratic civilised society. [read post]
6 May 2016, 4:36 am by Brian Cordery
Brian CorderyBristowsby Steven Willis Judgments from the Courts of England and Wales concerned with the construction of patents will invariably cite the classic formulation of Lord Diplock from Catnic Components v Hill & Smith Ltd [1982] R.P.C. when addressing the identity of the person skilled in the art: “…a patent specification is a unilateral statement by the patentee, in words of his own choosing, addressed to those likely to have a practical interest… [read post]
1 Sep 2015, 2:01 pm by Olivier Moréteau
One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. [read post]
20 Dec 2012, 8:00 am
The judgment, which was delivered by Lord Justice Etherton (with whom Lord Justice Munby and Lord Justice Lewison agreed) followed an appeal from part of an order on 3 February last of Lord Justice Kitchin (noted by the IPKat here) and, prior to that, the controversial 2011 judgment of the Court of Justice of the European Union (CJEU) in Joined Cases C-403/08 Football Association Premier League Ltd and Others v QC Leisure and… [read post]
7 Nov 2006, 4:49 pm
The IPKat brings news of a deliciously complicated, but lesser known, chapter in the Philips v Remington saga, documented in the decision of Mr Hearing Officer Colombo of 13 September. [read post]
7 Jun 2012, 2:52 am
Kitchen LJ granted permission, and in the Court of Appeal sat the Master of the Rolls, and Lords Justice Lloyd and Moore-Bick on 21 May 2012 to hear Apple's appeal. [read post]
29 May 2015, 1:36 am by Jani
What needs to be said, however, is that Lord Diplock's comments in Star Industrial Co Ltd v Yap Kwee Kor further support Lord Neuberger's conclusions and highlight the distinction between goodwill in different jurisdictions through the existence of separation of judiciaries; i.e. not one court can decide an issue of a foreign court. [read post]
12 Jun 2019, 2:32 am by INFORRM
In a judgment delivered by Lord Sumption, the Supreme Court unanimously held that section 1 not only raises the threshold of seriousness from that in Jameel and Thornton, but requires its application to be determined by reference to the actual facts about its impact not merely the meaning of the words [12]. [read post]
23 May 2019, 4:26 am by CMS
Relying on R (Cart) v The Upper Tribunal [2011] UKSC 28, the majority noted that there is a strong interpretative presumption against the exclusion of judicial review, other than by “the most clear and explicit words” (Laws LJ in Cart at the Court of Appeal). [read post]
1 Mar 2010, 11:58 pm by charonqc
  Kirsty Wark was, pleasingly (to use a variant of a word enjoyed by David Cameron) was able to reassure Gove that the BBC would be asking tough questions of everyone in the run up to the election. [read post]
19 Mar 2021, 10:22 am by Peter Groves
The test for passing off is set out in Lord Oliver’s judgment in Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491 and the present case turned on whether the defendants (counterclaimants) had goodwill in the word. [read post]
19 Mar 2021, 10:22 am by Peter Groves
The test for passing off is set out in Lord Oliver’s judgment in Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491 and the present case turned on whether the defendants (counterclaimants) had goodwill in the word. [read post]