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10 May 2020, 9:15 am
Duval v 11-13 Randolph Crescent Ltd (2020) UKSC 18 The issue before the Supreme Court was whether “the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the licence, would breach a covenant in the lease of his or her flat, where the leases of the other flats require the landlord to enforce such covenants at the request and cost of any one of the other lessees”. [read post]
2 Jul 2024, 6:45 am
In granting a further injunction to cover that short intervening period, Arnold LJ considered that the “balance of the risk of injustice favours the continuation of the injunction, in particular because doing so will preserve the status quo, for the relatively short period until the appeal can be heard and determined on an expedited basis. [read post]
17 Jan 2017, 12:39 am
Frogmore [2002] My correspondent referred to the case of Blunden v Frogmore 2002 where LJ Robert Walker said ‘Notice is not the same as Knowledge’…. [read post]
5 May 2011, 1:47 am
In ETK v News Group Newspapers [21] – [22], Ward LJ having referred to the importance of the welfare of children and also summed up the benefits of publication in that case as follows: “Here there is no political edge to the publication. [read post]
27 May 2013, 4:18 am
The first is Unilever Plc v Gillette (UK) Ltd [1989] RPC 583, 609, where Mustill LJ said that, in order to show that a defendant was secondarily liable for infringement of a patent, “there [was no] need for a common design to infringe”, as it was “enough if the parties combine to secure the doing of acts which in the event prove to be infringements”. [read post]
18 Jan 2012, 4:31 am
Article 8 (family life): Reliance was placed by Counsel for Mr O'Dwyer on observations on Article 8 in Bermingham & others v USA [2006] EWHC 200 (Admin) where Laws LJ stated (at [121]) that:'I do not accept (the US) submission that the possibility of trial in the United Kingdom is legally irrelevant. [read post]
27 Aug 2024, 2:10 am
Unlike our proposals, this removed the presumption in favour of trial by jury in defamation cases, but permitted the parties to apply to the judge to order otherwise (which Keegan LCJ (Treacy LJ and Colton J concurring) did in Swann v Morrison [2023] NICA 19 (28 March 2023)). [read post]
8 Apr 2019, 8:10 am
Opening RemarksKaryn A. [read post]
23 Dec 2015, 7:30 pm
The AmeriKat was distractedby her 34,000 feet view only a few times while reading Mr Justice Carr'sfirst decision in the Patents CourtFlying to New England Saturday afternoon after a typically busy end of term, the Amerikat could be found snuggled into her window seat devouring judgments that her term-time schedule just would not permit. [read post]
8 May 2018, 6:37 am
Parfummarkenapplied Nintendo but Kitchin LJ respectfully expressed doubt that it did so correctly, pointing to the potential for acts of infringement online to escape liability by falling between the cracks of two potential jurisdictions. [read post]
9 May 2020, 9:38 am
[In this interesting guest post, Mr. [read post]
8 Apr 2019, 3:05 pm
Open micJanis Pilch, Rutgers U: domestically it seems obvious that litigation on 512 can’t change the systemic problem of infringement and the impossibility for most rightsholders to litigate. 512 sets up a permanent conflict b/t service providers and rightsholders. [read post]
8 Nov 2010, 6:31 am
(Earlier in his judgment, although not necessary for the decision in Jacobs as liability was not in issue, Moore-Bick LJ did appear to accept that the law applicable under Rome II should govern the question whether the driver of the uninsured/untraced vehicle was “liable” to the claimant, being (as the Court held – para. 32) an implicit pre-condition to a compensation claim under regulation 13. [read post]
2 Jun 2020, 1:40 pm
” The High Court agreed with Ms K It is “fundamental” that a “forfeiture provision should bring the lease to an end earlier than the “natural” termination date” (Clays Lane Housing Co-operative Ltd v Patrick at 194, per Fox LJ). [read post]
29 Jul 2020, 4:19 pm
As Nolan LJ held: The statutory powers given to the police are plainly coupled with a public law duty… In the context of the seizure and retention of documents… the public law duty is combined with a private law duty of confidentiality towards the owner of the documents. [read post]
26 Aug 2018, 2:05 pm
Kassam v Gill & Gill (13th August 2018, County Court at Birmingham) (copy of judgment here) Regular readers and long term twitter followers will know that we tend to take a dim view of unqualified, unregulated ‘evict your tenant’ set ups. [read post]
30 Oct 2011, 5:04 am
On 19 October 2011, the Supreme Court (Lord Hope, Lord Walker, Lord Mance, Lord Clarke and Lord Wilson) released its decision in the joined cases of R (Davies & Anor) v The Commissioners for Her Majesty’s Revenue & Customs and R (Gaines-Cooper) v The Commissioners for Her Majesty’s Revenue & Customs [2011] UKSC 47. [read post]
4 Nov 2022, 8:44 am
Disposal of the instant proceedings The Deputy Chancellor noted that where the proposal for which permission is sought is contrary to English law, a faculty is ineffective and ought not to be issued, Re Christ Church, Spitalfields [unreported but reviewed noted at (2016) 18 Ecc LJ 128, and the second, substantive appeal reported at Re Chris Church Spitalfields [2019] EACC 1. [read post]
16 Jul 2012, 4:26 am
Sri ram Dass Motor Transport (P) Ltd. and others (1998) 1 Com LJ 342 (CLB), has held that “a section 397/398 petition has to stand on its own on the basis of the allegations contained in the petition. [read post]
14 Jul 2019, 4:56 pm
Confidential emails from the UK’s ambassador in Washington which criticised President Donald Trump were leaked. [read post]
