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20 Aug 2009, 9:36 am
The main judgment by Stanley Burnton LJ was given in robust terms and without regret (at [61]). [read post]
19 Aug 2009, 8:46 pm
His Honour quoted with approval from Jacob LJ’s explanation of the distinction in the Vienetta case: There is a bit of sleight of hand going on here and in other cases of this sort. [read post]
18 Aug 2009, 2:12 pm
” [para 34] Cranston LJ agreed. [read post]
11 Aug 2009, 2:00 am
At the end of July I attended the last of Jackson LJ's Costs Review Seminars. [read post]
8 Aug 2009, 2:35 am
" Most disturbing is the continuing attempt by the Department of Health and Human Services to coerce licensing boards to establish this discrimination regulation by placing on hold for 18 months needed changes approved by the boards ("Agency urges compromise," July 19, LJS). [read post]
7 Aug 2009, 1:46 am
" In the Court of Appeal Longmore LJ found that if a legal action had been commenced or a reference in arbitration had been constituted in a Member State, other than that in which the insolvency proceedings had been opened, it was natural that the law of that Member State should determine whether that action or that reference should be continued or discontinued. [read post]
6 Aug 2009, 4:38 pm
Larger companies like Facebook and Google are well prepared for such attacks, but smaller firms like Twitter and LJ are not, and when a major incident takes place, they are affected the most. [read post]
4 Aug 2009, 12:12 am
On further appeal, the Division Bench (Gokhale and Devdhar JJ.) in a decision reported in (2006) 6 Comp LJ 74 (Bom), however held that American decisions on the point "are … definitely apposite".2. [read post]
3 Aug 2009, 3:30 am
Any remaining doubt as to whether Jackson LJ's costs review will recommend fixed legal costs for all fast-track matters has been removed by the recent report in the Law Gazette that he has asked the Civil Justice Council to start work on setting the appropriate level of fees for this work. [read post]
31 Jul 2009, 6:16 am
Judgment Stanley Burton LJ, with whom Lloyd and Mummery LJJ agreed, proceeded first on an “apart from authority” basis ([26]-[32]). [read post]
30 Jul 2009, 11:32 am
Mummery LJ's careful analysis, ... reaching this conclusion and for setting aside the second and third declarations made by Blackburne J, seems to me to be encapsulated in the following two propositions. [read post]
28 Jul 2009, 9:55 am
From an extended examination of Chadwick LJ’s judgment in Oxley v Hiscock [2004] EWCA Civ 546, which expressly raises ‘fairness’ on the basis of relevant conduct as the criterea by which share of interest should be assessed, in the absence of express agreement, and Stack v Dowden [2007] UKHL 17, which appears to limit ‘fairness’ and expressly concerned shares in a property in joint names, where Oxley v Hiscock concerned a sole proprietor, Mr… [read post]
19 Jul 2009, 10:29 am
Jacob LJ seems to hint that mere copies of a work may not constitute a new original work when he says that: It was no different from the case of a person making a copy of another’s work (such as the copy of a painting or the enlargement of a photograph): the process might call for effort, skill and judgement, but it did not transform a copy of a work into an original work attracting a fresh copyright…” He then goes on to establish a test for… [read post]
12 Jul 2009, 9:42 am
Arden LJ concurred. [read post]
10 Jul 2009, 5:30 am
The timing of the final report may be fortuitous for Jackson LJ. [read post]
9 Jul 2009, 5:27 am
Carter's Lennon Travelin' Tot, EMU Carter's Travelin' Tot, Carter's Travelin' Tot; 18740-UE, 18740T-UE, 18736T-LJ, 18737-LJ, 18737T-LJ, 18726-KA, 18726T-HM; "Carter's" and "Travelin' Tot" are printed on the top rail. [read post]
8 Jul 2009, 3:53 am
Sedley LJ added a few words. [read post]
2 Jul 2009, 2:30 am
It is therefore fascinating that Jackson LJ is willing to reopen this can of worms. [read post]
24 Jun 2009, 5:30 pm
Jackson LJ states that this proposal "merits serious consideration". [read post]
23 Jun 2009, 2:59 pm
Lloyd LJ concurs. [read post]
