Search for: "Ace v. State"
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30 Jul 2021, 3:56 am
Access to justice The case of (UNISON) v Lord Chancellor [2017] UKSC 51; [2020] AC 869 is concerned with the lawfulness of policy which impedes an individual’s access to a court or tribunal. [read post]
30 Jul 2021, 3:46 am
It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38. [read post]
23 Jul 2021, 5:00 am
Ace Motor Sales, 550 F. [read post]
20 Jul 2021, 10:09 am
In United States v. [read post]
4 Jul 2021, 8:56 am
To improve surveillance, the Council of State and Territorial Epidemiologists has recommended that all L. monocytogenes isolates be forwarded to state public health laboratories for subtyping through the National Molecular Subtyping Network for Foodborne Disease Surveillance (PulseNet). [read post]
2 Jul 2021, 8:06 am
(Discussed with its conseqeunce for state liability with respect to the conduct of their SOEs HERE). [read post]
2 Jul 2021, 4:51 am
This is the state of affairs to which I want to draw attention in this post and to offer a brief critique. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 1:51 am
In summary, the dealing requirement is part of the ratio of OBG v Allan [2008] 1 AC 1 and no good or sufficient reason has been shown why the Court should depart from the relatively recent decision of the House of Lords in OBG in accordance with the 1966 Practice Statement. [read post]
22 Jun 2021, 4:08 am
If the combined monthly total benefits of SSD and state workers' compensation benefits exceeds eighty percent of the petitioner's pre-disability average current earnings (ACE), SSD is reduced. [read post]
20 Jun 2021, 5:04 am
In the case of Elder v 21st Century Media (AC 42779) the Appellate Court of Connecticut upheld a summary dismissal of a libel claim by an attorney in respect of a newspaper report of his suspension from practice on the grounds of “fair report privilege”. [read post]
9 Jun 2021, 1:39 pm
The right to move an occupier from one room to another is inconsistent with exclusive possession (see Westminster City Council v Clarke (1992) 2 AC 288). [read post]
Foreign Judgments: The Limits of Transnational Issue Estoppel, Reciprocity, and Transnational Comity
26 May 2021, 8:40 pm
A distinctive feature of Singapore law on issue estoppel is the rejection of the broadly worded “special circumstances” exception to issue in English common law (Arnold v National Westminster Bank plc [1991] 2 AC 93). [read post]
23 May 2021, 7:21 pm
, [1987] AC 460, 478 (HL). [read post]
22 May 2021, 2:46 pm
The social events and legislative history leading to the enactment and promulgation of the NSL as a national law applied to the HKSAR under BL 18 have been summarised in HKSAR v Lai Chee Ying, ante. [read post]
18 May 2021, 2:28 pm
Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000) (citing ACS Invs, Inc. v. [read post]
13 May 2021, 7:40 am
Halderman (1981), and South Dakota v. [read post]
12 May 2021, 10:59 am
In 2014, in NACS v. [read post]
5 May 2021, 9:07 am
Duke of Bedford v Ellis [1901] AC 1 held that the damage did not need to be exactly the same – the rule should be flexible in order to do justice. [read post]
