Search for: "Hoffmann v. Hoffmann"
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Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy
19 Apr 2012, 4:44 am
Mere foreseeability of a consequence does not satisfy the requirement of intention: [43] (Lord Hoffmann). [read post]
12 Apr 2012, 5:51 am
Arden LJ’s answer is that this depends on applying to the contract of employment (and presumably to the articles of association) the process of interpretation that Lord Hoffmann explained in AG Belize v Belize Telecom to ascertain what powers a reasonable man would have understood the MD to have been given by the board. [read post]
4 Apr 2012, 4:20 am
The CAFC, in Zoltek Corp. v. [read post]
21 Mar 2012, 12:07 am
Indeed Lord Hoffmann, in the minority, felt able to conclude that there was no such emergency. [read post]
18 Mar 2012, 9:44 pm
As Lord Hoffmann said in 2005, a GAAR may be a cure that is worse than the disease.Treaty Override and Certificate of Residency The GAAR also contains a non-obtstante clause providing that it overrides “anything contained in the Act” (thereby including section 90). [read post]
12 Mar 2012, 5:19 am
From Tuesday 13 March until Wednesday 14 March 2012 is the Privy Council hearing of The Queen ex p Mario Hoffmann v The Commissioner for the Turks & Caicos Islands Commission of Inquiry (2008-2009) and The Governor of the Turks & Caicos Islands, to be heard by Lords Phillips, Brown, Mance, Kerr and Dyson. [read post]
14 Feb 2012, 8:22 am
The leading case on the subject for several years has been Lawson v Serco and, in particular, Lord Hoffmann’s Judgment on the question “what connection between Great Britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair? [read post]
10 Feb 2012, 1:45 am
Ever since the judgment of Lord Hoffmann in Lawson v Serco Ltd [2006] UKHL 3; [2006] ICR 250, the territorial scope of the protection from unfair dismissal contained in the Employment Rights Act 1996, s 94(1) has been a matter of some debate. [read post]
8 Feb 2012, 2:50 am
In Lawson v Serco Ltd [2006] UKHL 3, Lord Hoffmann identified three categories of employees who would fall within the jurisdiction of the employment tribunal: employees working in Great Britain; peripatetic employees where the employee is ‘based’ in Great Britain; and, in some exceptional cases, expatriate employees [9-12]. [read post]
25 Jan 2012, 12:49 am
A few years ago it became possible for photo libraries to sniff the Internet for unlicensed copies of their photographs. [read post]
21 Jan 2012, 10:20 pm
It is submitted, however, that Lord Hoffmann’s approach is in fact a most useful way of analysing this issue, and some of the criticism is perhaps a result of the belief that Lord Hoffmann intended a formulaic classification of definitions as “legal” or “commercial”. [read post]
19 Jan 2012, 6:24 am
OTHMAN (ABU QATADA) v. [read post]
16 Jan 2012, 10:00 pm
Certainly this reasoning is supported by the authorities cited by Floyd J at [85]-[89], to the effect that even though an invention is obvious to try, it is nonetheless obvious only if it is “more-or-less self-evident that what is being tested ought to work” (Lord Justice Jacob in St Gobain v Fusion Provida [2005] EWCA Civ 177 [35]) and there must be a “fair expectation of success” (Lord Hoffmann in Conor v Angiotech [2008] UKHL 49 [42].) [read post]
22 Dec 2011, 11:59 am
Hughes v. [read post]
21 Dec 2011, 2:23 pm
The Montana Supreme Court has issued an Opinion in the following matter: DA 09-0682, 2011 MT 322, JEANNETTE DIAZ, LEAH HOFFMANN-BERNHARDT, and REACHEL LAUDON, individually and on behalf of others similarly situated, Plaintiffs and Appellants, v. [read post]
15 Dec 2011, 6:41 am
He said Lord Hoffmann had been led into error by excessive concern for the UK’s standing in international law, which he said ought to be no concern of domestic judges, who should avoid straying into questions of foreign relations and statecraft and should not attempt to short-circuit the international enforcement mechanisms of the Council of Europe. [read post]
13 Dec 2011, 11:22 am
It came to be known later that one of the Law Lords (Lord Hoffmann), who heard the case, had links with Amnesty International (AI) which had become a party to the case. [read post]
11 Dec 2011, 2:03 pm
” Hoffmann–La Roche Inc. v. [read post]
2 Dec 2011, 4:02 am
Decisions in the Employment Tribunal and Employment Appeal Tribunal At first instance, Chairman Mr R G Christie considered Lawson v Serco Ltd and found that the claimant in the present case did not fall into any of Lord Hoffmann’s categories. [read post]
28 Nov 2011, 12:57 pm
Hoffmann v. [read post]
