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8 Jan 2013, 7:08 am
Perry and others and then simply states a conclusion. [read post]
7 Jan 2013, 10:42 am
This is especially helpful because the legal and colloquial definitions of monopoly differ throughout history — the term means something different under the current Sherman Antitrust Act, to someone during the era of trust-busting in early 20th century United States, and to a jurist in 18th century England. [read post]
4 Jan 2013, 3:27 pm
He stated that the mask is to prevent a robbery, not to commit one. [read post]
31 Dec 2012, 5:33 am
- United States Constitution, Amendment 4 There is great consensus that the 1765 case of Entick v. [read post]
27 Dec 2012, 12:31 am
That provision is 104 words long, though admittedly it pales into insignificance when measured against the 621 words of s.4, the infringement provision of the UK unlamented Trade Marks Act 1938, a provision of "fuliginous obscurity according to Lord Justice Mackinnon in Bismag Ltd v Amblins (Chemists) Ltd [1940] 1 Ch 667]. [read post]
24 Dec 2012, 7:24 pm
I shall argue in affirmative relying on the Supreme Court judgment in Hardie Trading Ltd. and Anr. v. [read post]
21 Dec 2012, 7:51 am
Reasons for judgement were released today (Mainstream Canada v. [read post]
20 Dec 2012, 7:14 am
The Court of Appeal, not known for its strong language, lambasted those same insurers in Lord Justice Longmoor’s judgment which states ‘The facts of this case have revealed that the insurers exhibit an insouciance to their obligations under the Directive and the Regulations which leaves one quite breathless. [read post]
20 Dec 2012, 7:14 am
The Court of Appeal, not known for its strong language, lambasted those same insurers in Lord Justice Longmoor’s judgment which states ‘The facts of this case have revealed that the insurers exhibit an insouciance to their obligations under the Directive and the Regulations which leaves one quite breathless. [read post]
19 Dec 2012, 6:29 pm
v=XCbPFHu3OOc. [read post]
17 Dec 2012, 2:30 am
This week’s resolved cases include: Dolan-Powers v The Observer, Clause 1, 14/12/2012 Weston Area Health NHS Trust v Weston, Worle & Somerset Mercury, Clause 1, 10/12/2012 Lord Hunt, chair of the PCC, has appointed Lord Chris Smith (former Labour culture secretary), Simon Jenkins (former editor of the Times) and Lord Phillips (former president of the supreme court) as unpaid special advisers to help set up a new press regulator. [read post]
3 Dec 2012, 4:56 am
He claimed alleged assault against the Chief Constable, seeking damages at common law and under section 8(3) of the Human Rights Act 1998 for breach of the substantive obligation on states under Article 3 of the Convention to prevent inhuman or degrading treatment or punishment. [read post]
30 Nov 2012, 9:52 am
Lord Devlin in Hussein v Chong Fook Kam (1970) defined it by saying: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking; ‘I suspect but I cannot prove’…suspicion can take into account matters that could not be put in evidence at all. [read post]
30 Nov 2012, 9:52 am
Lord Devlin in Hussein v Chong Fook Kam (1970) defined it by saying: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking; ‘I suspect but I cannot prove’…suspicion can take into account matters that could not be put in evidence at all. [read post]
30 Nov 2012, 9:52 am
Lord Devlin in Hussein v Chong Fook Kam (1970) defined it by saying: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking; ‘I suspect but I cannot prove’…suspicion can take into account matters that could not be put in evidence at all. [read post]
28 Nov 2012, 3:43 am
The RPT specifically stated that they “found no reason to limit the repayment orders to less than the full amount”.P appealed. [read post]
28 Nov 2012, 3:43 am
The RPT specifically stated that they “found no reason to limit the repayment orders to less than the full amount”.P appealed. [read post]
28 Nov 2012, 2:06 am
In Christopher Simmons v Derek Castle [2012] EWCA Civ 1288, the Court of Appeal amended the guidance given in the earlier judgment of Simmons v Castle [2012] EWCA Civ 1039 by stating that, with effect from 1 April 2013, the proper level of general damages in all civil claims for six specified heads of loss will be 10% higher than previously, unless the claimant falls within section 44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Act).The… [read post]
27 Nov 2012, 8:43 am
As all the fine Private International Law practitioners reading this post will know, forum non conveniens requires the Court’s consideration of the test set out by Lord Goff of Chieveley in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460. [read post]
27 Nov 2012, 2:25 am
Petrodell v Prest appeal to be heard by the Supreme CourtThe Court of Appeal, comprising Lord Justices Thorpe, Rimer and Patten, have given permission to Yasmin Prest to appeal to the Supreme Court against its decision in Petrodell Resources Limited v Prest [2012] EWCA Civ 1395. [read post]
