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27 Nov 2018, 4:45 pm
Clark (Engineers) Ltd [1968] FSR 415 provides an example of such a case. [read post]
26 Nov 2018, 1:00 am
S Franses Ltd v The Cavendish Hotel (London) Ltd, heard 17 Oct 2018. [read post]
23 Nov 2018, 3:26 pm
(See pages 508-517 of the article; Ace Insurance v Moose Enterprise Pty Ltd [2009] NSWSC 724 (Brereton J); Navig8 Pte Ltd v Al-Riyadh Co for Vegetable Oil Industry (The Lucky Lady) [2013] EWHC 328 (Comm), [2013] 2 Lloyd’s Rep 104, [2013] 2 CLC 461 (Andrew Smith J)) In assessing the relevance and significance of attributing an obligation to adhere to the chosen law in a choice of law agreement, the internationalist paradigm’s understanding of the fundamental… [read post]
13 Nov 2018, 4:05 pm
The Defendant was therefore found to have invited an inference of bad reputation derived from other damaging publications, contrary to the rule in Associated Newspapers Ltd v Dingle [1964] AC 371. [read post]
12 Nov 2018, 1:00 am
It will consider the circumstances in which serious harm can be inferred in the absence of evidence of the harm; the applicability of the common law repetition rule and the rule in Associated Newspapers Ltd v Dingle [1964] AC 371 excluding the admissibility of publications to similar effect. [read post]
6 Nov 2018, 8:41 am
” Whether the rule in Associated Newspapers Ltd v Dingle [1964] AC 371, which says that where many have published words to the same or similar effect it is not legitimate for a defendant to seek to reduce damages by proving the publications of the defendant or others and inviting an inference that those other publications have injured the claimant’s reputation, applies to a section 1 determination. [read post]
5 Nov 2018, 4:05 pm
” Whether the rule in Associated Newspapers Ltd v Dingle [1964] AC 371, which says that where many have published words to the same or similar effect it is not legitimate for a defendant to seek to reduce damages by proving the publications of the defendant or others and inviting an inference that those other publications have injured the claimant’s reputation, applies to a section 1 determination. [read post]
23 Oct 2018, 1:45 pm
Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) (Not on Bailii for some reason. [read post]
7 Oct 2018, 3:15 am
If EU… 2018-10-04 Computer and Internet Updates for 2018-10-03 https://t.co/bt3SPPvl5S 2018-10-04 Computer and Internet Updates for 2018-10-03 https://t.co/uGfsUbhpQc 2018-10-04 Canada joins allies in condemning 'malicious' Russian cyberattacks https://t.co/OV20r6CDY8 2018-10-04 Canada's largest real estate board sues listings website Mongohouse for $2M https://t.co/TebmHpWBvG 2018-10-04 Artist faces lawsuit over computer system that creates randomly generated images… [read post]
5 Sep 2018, 1:17 am
In doing so, the New Zealand Court of Appeal followed the view expressed by the House of Lords in Reynolds v Times Newspapers Ltd [2001] 2 AC 127 and the Supreme Court of Canada in Grant v Torstar Corp [2009] 3 SCR 640. [read post]
15 Aug 2018, 1:33 am
The former test derives from Distillers Co (Biochemicals) Ltd v Thompson [1971] AC 458. [read post]
12 Aug 2018, 4:05 pm
Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. [read post]
8 Aug 2018, 2:02 am
The test in Bonnard is a much higher threshold than in claims for interim injunctions in privacy claims, where the applicant only need establish that his claim is more likely than not to succeed at trial (Cream Holdings Ltd v Banerjee ([2005] AC 253). [read post]
6 Aug 2018, 8:38 pm
(Pix © Larry Catá Backer 2018)Last year I taught a course on Corporate Social Responsibility Law for the very first time (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]
25 Jul 2018, 2:34 am
BNP Paribas Securities Services Trust Co (Jersey) Ltd [2016] AC 742. [read post]
14 Jun 2018, 7:12 am
Therefore a sufficiently ‘special relationship’ arose between Playboy and the Bank for a duty of care to be owed under the seminal cases of Hedley Byrne & Co v Heller & Partners Limited [1964] AC 465 and Caparo v Dickman [1990] 2 AC 605. [read post]
12 Jun 2018, 8:51 am
Private financing for the project is comprised of approximately (a) $1.2 billion in private activity bonds issued by the California Municipal Finance Authority on behalf of LINXS; (b) a $270 million construction period credit facility with loan commitments from Canadian Imperial Bank of Commerce New York Branch, Mizuho Bank Ltd., Sumitomo Mitsui Banking Corporation, Korea Development Bank and Toronto-Dominion Bank; and (c) an aggregate equity contribution of $103 million secured by… [read post]
29 May 2018, 4:05 pm
As Viscount Simon LC observed in Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014, 1022, Parliament would legislate only for the purpose of bringing about an effective result. [read post]
14 May 2018, 3:38 pm
Street v Mountford [1985] AC 809 and Antoniades v Villiers; A-G Securities v Vaughan [1990] AC 417, HL. [read post]
11 May 2018, 3:30 am
Consider, then, the decision of the House of Lords in Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32. [read post]
