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4 Aug 2020, 7:49 am by Judith Robinson
C. 2 (CSC) [iii]      Lawther v 424470 B.C.Ltd. (1995), 60 C.P.R.. (3d) 510, 95 FTR. 81, décision jugée incorrecte par la Cour d’appel fédérale (Salt Canada Inc. v Baker, 2020 FCA 127 au para 27) [read post]
3 Aug 2008, 4:10 pm
Insured’ Exclusion in D&O Policies” (here), many of these regulator claims implicated the insured v. insured exclusion. [read post]
26 May 2011, 10:49 am by WISCONSIN LAW JOURNAL STAFF
First, subparagraph (D) and neighboring subparagraphs (F) [...] [read post]
5 Jul 2012, 2:58 am by sally
Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190 “Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other. [read post]
19 Jan 2012, 3:59 pm by johntfloyd
Supreme Court had an opportunity in Smith v. [read post]
10 Nov 2011, 2:13 am by sally
Jones v Kernott [2011] UKSC 53; [2011] WLR (D) 321 “When a cohabiting couple bought a family home in their joint names and were both responsible for the mortgage, but without any express declaration as to their beneficial interests, the starting point was that equity followed the law so that the presumption was that they were joint tenants both in law and in equity. [read post]
18 Oct 2010, 1:59 am by sally
Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd [2010] EWHC 2538 (Ch); [2010] WLR (D) 255 “Considerations that the institution of proceedings for relief under s 244 of the Insolvency Act 1986 in respect of a transaction to which the company was a party was extortionate when the issue was only triable and the consequences of thereby rescuing the company less than reasonably practicable were relevant to the existence or otherwise… [read post]
26 Jul 2011, 2:09 am by tracey
Finnerty and another v Clark and another; In re St George’s Property Services (London) Ltd (in administration) [2011] EWCA Civ 858;  [2011] WLR (D)  246 “The administrators of an insolvent company were the officers of the court with statutory powers to exercise their discretion to act for the interests of the creditors as a whole. [read post]
5 Nov 2010, 3:27 am by traceydennis
Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278 “A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that… [read post]
9 Jul 2010, 2:34 am by traceydennis
Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another [2010] UKSC 32; [2010] WLR (D) 175 “A credit broker administration fee and the interest payable on it were properly included in the charge for credit within the meaning of the Credit Consumer Act 1974 and the Consumer Credit (Total Charge for Credit) Regulations 1980, and accordingly, since those items did not form part of the amount of credit as set out in a… [read post]