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5 Oct 2021, 3:58 pm
Arnold LJ Arnold LJ also summarised t [read post]
1 Oct 2021, 2:00 pm
The last of these is a rather extraordinary case, where it was not just counsel that gave evidence, but also the trial judge (now an appellate judge, Hodson LJ). [read post]
1 Oct 2021, 12:26 am
Impressive as this is, however, Birss LJ is no lightweight. [read post]
1 Oct 2021, 12:26 am
The second article will cover the split decision in the UK, and how the differing opinions of eminent patent jurists Arnold LJ and Birss LJ stack up. [read post]
1 Oct 2021, 12:26 am
Impressive as this is, however, Birss LJ is no lightweight. [read post]
1 Oct 2021, 12:26 am
The second article will cover the split decision in the UK, and how the differing opinions of eminent patent jurists Arnold LJ and Birss LJ stack up. [read post]
24 Sep 2021, 8:45 am
Birss LJ believes that it won’t happen anytime soon. [read post]
24 Sep 2021, 3:10 am
” – Lister & Co v Stubbs (1886-90)] All ER Rep 797, 799 (Cotton LJ). [5]Nippon Yusen Kaisha v Karageorgis (1975) 3 All ER 282. [6]Cf. [read post]
22 Sep 2021, 4:47 am
Agreeing with Lord Sales, she accepted Singh LJ’s jurisdictional reason. [read post]
8 Sep 2021, 7:50 am
Birss LJ held that Arnold LJ had construed the claims incorrectly and applied the wrong test. [read post]
25 Aug 2021, 1:12 pm
As LJ Lewison has explained in Birmingham CC v Stephenson (2016) HLR 44 (our note), a possession claim hearing may be adjourned for a wide range of reasons, not limited to those in CPR 55.8 (lack of court time, sudden illness of a party, breakdown of video/audio arrangements, etc, etc) and on any such adjournment case management directions may or may not be given. [read post]
25 Aug 2021, 4:55 am
In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry. [read post]
10 Aug 2021, 3:42 am
Sir Geoffrey Vos, delivered a separate but concurring judgment, which echoed the conclusions reached by Simon LJ. [read post]
4 Aug 2021, 2:23 am
It was concluded that in ‘midnight deadline’ cases, the cause of action arose at, and not after, midnight (in line with the approach of Underhill LJ in Gelmini). [read post]
26 Jul 2021, 3:30 am
Anna Lvovsky, Rethinking Police Expertise, 131 Yale LJ. __ (forthcoming 2021), available at SSRN. [read post]
13 Jul 2021, 9:56 pm
Nugee LJ, dissenting, would have allowed the appeal. [read post]
8 Jul 2021, 10:57 am
For example: Atkin LJ said at 123:“A fixture, as that term is used in connection with a house, means something which has been affixed to the freehold as accessory to the house. [read post]
2 Jul 2021, 4:51 am
The notion that photographs/video place the viewer at the scene as a voyeur calls to mind a notion of privacy as a right to limit others’ access to one’s self – a notion associated with Ruth Gavison (see ‘Privacy and the Limits of Law’ (1980) 89 Yale LJ 421) and, more recently (in modified form), Nicole Moreham (‘Privacy in the Common Law: A Doctrinal and Theoretical Analysis’ (2005) 121 LQR 628.) [read post]
2 Jul 2021, 4:27 am
The Court of Appeal upheld that decision in May 2008 ([2008] EWCA Civ 445), the leading judgment being given by Jacob LJ, and in 2009 the EPO Technical Board of Appeal revoked the patent. [read post]
2 Jul 2021, 4:27 am
The Court of Appeal upheld that decision in May 2008 ([2008] EWCA Civ 445), the leading judgment being given by Jacob LJ, and in 2009 the EPO Technical Board of Appeal revoked the patent. [read post]
